Florida Senate - 2024 CS for SB 1084
By the Appropriations Committee on Agriculture, Environment, and
General Government; and Senator Collins
601-03149-24 20241084c1
1 A bill to be entitled
2 An act relating to the Department of Agriculture and
3 Consumer Services; amending s. 366.94, F.S.;
4 preempting the regulation of electric vehicle charging
5 stations to the state; prohibiting local governmental
6 entities from enacting or enforcing such regulations;
7 amending ss. 482.111, 482.151, and 482.155, F.S.;
8 providing that a pest control operator’s certificate,
9 a special identification card, and certain limited
10 certifications for pesticide applicators,
11 respectively, expire a specified length of time after
12 issuance; revising renewal requirements for such
13 certificates and cards; amending s. 482.156, F.S.;
14 revising the tasks, pesticides, and equipment that
15 individual commercial landscape maintenance personnel
16 with limited certifications may perform and use;
17 revising the initial and renewal certification
18 requirements for such personnel; amending s. 482.157,
19 F.S.; providing that a limited certification for
20 commercial wildlife management personnel expires a
21 specified length of time after issuance; revising
22 renewal certification requirements for such personnel;
23 amending s. 482.161, F.S.; authorizing the department
24 to take disciplinary action against a person who
25 swears to or affirms a false statement on certain
26 applications, cheats on a required examination, or
27 violates certain procedures under certain
28 circumstances; amending s. 482.191, F.S.; providing
29 penalties for a person who swears to or affirms a
30 false statement on certain applications; providing
31 that cheating on certain examinations or violating
32 certain examination procedures voids an examinee’s
33 exam attempt; authorizing the department to adopt
34 rules establishing penalties for such a violation;
35 authorizing the department to exercise discretion in
36 assessing penalties in certain circumstances; amending
37 s. 482.226, F.S.; requiring pest control licensees to
38 provide property owners or their agents with a signed
39 report that meets certain requirements after each
40 inspection; amending s. 487.031, F.S.; prohibiting a
41 person from swearing to or affirming a false statement
42 on certain pesticide applicator license applications,
43 cheating on a required examination, or violating
44 certain procedures; making technical changes; amending
45 s. 487.175, F.S.; providing penalties for a person who
46 swears to or affirms a false statement on certain
47 applications; providing that cheating on certain
48 examinations or violating certain examination
49 procedures voids an examinee’s exam attempt; requiring
50 the department to adopt rules establishing penalties
51 for such a violation; authorizing the department to
52 exercise discretion in assessing penalties in certain
53 circumstances; amending s. 493.6113, F.S.; authorizing
54 Class “G” licensees to qualify for multiple calibers
55 of firearms in one requalification class under certain
56 circumstances; creating s. 493.6127, F.S.; authorizing
57 the department to appoint tax collectors to accept
58 new, renewal, and replacement license applications
59 under certain circumstances; requiring the department
60 to establish by rule the types of licenses the tax
61 collectors may accept; providing an application
62 process for tax collectors who wish to perform such
63 functions; providing that certain confidential
64 information contained in the records of an appointed
65 tax collector retains its confidentiality; prohibiting
66 any person not appointed to do so from accepting an
67 application for a license for a fee or compensation;
68 authorizing tax collectors to collect and retain
69 certain convenience fees; requiring the tax collectors
70 to remit certain fees to the department for deposit in
71 the Division of Licensing Trust Fund; providing
72 penalties; amending s. 496.404, F.S.; defining the
73 term “street address”; amending s. 496.405, F.S.;
74 revising the information that charitable organizations
75 and sponsors must provide to the department in an
76 initial registration statement; deleting certain fees;
77 amending s. 496.406, F.S.; revising the circumstances
78 under which charitable organizations or sponsors are
79 exempt from specified provisions; revising the
80 information that charitable organizations and sponsors
81 must provide to the department when claiming certain
82 exemptions; amending s. 496.407, F.S.; revising the
83 information charitable organizations or sponsors are
84 required to provide to the department when initially
85 registering or annually renewing a registration;
86 revising circumstances under which the department may
87 extend the time for filing a required final statement;
88 amending ss. 496.409, 496.410, 496.4101, 496.411,
89 496.4121, and 496.425, F.S.; revising the information
90 that professional fundraising consultants must include
91 in applications for registration or renewals of
92 registration, that professional solicitors must
93 include in applications for registration, renewals of
94 registration, and solicitation notices provided to the
95 department, that professional solicitors are required
96 to maintain in their records, that must be included in
97 certain solicitor license applications, that
98 disclosures of charitable organizations or sponsors
99 soliciting in this state must include, that must be
100 displayed on certain collection receptacles, and that
101 a person desiring to solicit funds within a facility
102 must provide in an application to the department and
103 must display prominently on his or her badge or
104 insignia, respectively, to include street addresses;
105 amending s. 500.03, F.S.; defining the term
106 “cultivated meat”; creating s. 500.452, F.S.;
107 prohibiting the manufacture, sale, holding or offering
108 for sale, or distribution of cultivated meat in this
109 state; providing criminal penalties; providing for
110 disciplinary action and additional licensing
111 penalties; providing that such products are subject to
112 certain actions and orders; authorizing the department
113 to adopt rules; amending s. 507.07, F.S.; prohibiting
114 a mover from placing a shipper’s goods in a self
115 service storage unit or self-contained unit not owned
116 by the mover unless certain conditions are met;
117 repealing s. 531.67, F.S., relating to the scheduled
118 expiration of certain provisions related to weights,
119 measurements, and standards; amending s. 559.904,
120 F.S.; revising the information that must be provided
121 to the department on a motor vehicle repair shop
122 registration application; providing that the
123 registration fee must be calculated for each location;
124 amending s. 559.905, F.S.; revising the cost of repair
125 work which requires a motor vehicle repair shop to
126 provide a customer with a written repair estimate;
127 amending s. 570.07, F.S.; revising the amount up to
128 which the department is authorized to use to repair or
129 build structures; amending s. 570.69, F.S.; defining
130 the term “center”; deleting the definition of the term
131 “museum”; amending s. 570.691, F.S.; conforming
132 provisions to changes made by the act; amending s.
133 570.692, F.S.; renaming the Florida Agricultural
134 Museum as the Florida Agricultural Legacy Learning
135 Center; creating s. 581.189, F.S.; defining terms;
136 prohibiting the willful destruction, harvest, or sale
137 of saw palmetto berries without first obtaining
138 written permission from the landowner or legal
139 representative and a permit from the department;
140 specifying the information that the landowner’s
141 written permission must include; requiring an
142 authorized saw palmetto berry dealer to maintain
143 certain information for a specified timeframe;
144 authorizing law enforcement officers or authorized
145 employees of the department to seize or order to be
146 held for a specified timeframe saw palmetto berries
147 harvested, sold, or exposed for sale in violation of
148 specified provisions; declaring that unlawfully
149 harvested saw palmetto berries constitute contraband
150 and are subject to seizure and disposal; authorizing
151 law enforcement agencies that seize such saw palmetto
152 berries to sell the berries and retain the proceeds to
153 implement certain provisions; providing that such law
154 enforcement agencies are exempt from certain
155 provisions; requiring the law enforcement agencies to
156 submit certain information annually to the department;
157 providing criminal penalties; providing that
158 individuals convicted of such violations are
159 responsible for specified costs; defining the term
160 “convicted”; providing construction; requiring the
161 department to adopt rules; amending s. 585.01, F.S.;
162 revising the definition of the term “livestock” to
163 include poultry; amending s. 790.0625, F.S.;
164 authorizing certain tax collectors to collect and
165 retain certain convenience fees for certain concealed
166 weapon or firearm license applications; authorizing
167 such tax collectors to print and deliver replacement
168 licenses to licensees under certain circumstances;
169 authorizing such tax collectors to provide
170 fingerprinting and photography services; amending s.
171 810.011, F.S.; revising the definition of the term
172 “posted land” to include land classified as
173 agricultural which has specified signs placed at
174 specified points; amending s. 810.09, F.S.; providing
175 criminal penalties for trespassing with the intent to
176 commit a crime on commercial agricultural property
177 under certain circumstances; defining the term
178 “commercial agricultural property”; amending s.
179 1003.24, F.S.; providing that a student’s
180 participation in a 4-H or Future Farmers of America
181 activity is an excused absence from school; defining
182 the term “4-H representative”; amending ss. 379.3004,
183 812.014, and 921.0022, F.S.; conforming cross
184 references; reenacting s. 493.6115(6), F.S., relating
185 to weapons and firearms, to incorporate the amendment
186 made to s. 493.6113, F.S., in a reference thereto;
187 reenacting s. 496.4055(2), F.S., relating to
188 charitable organization or sponsor board duties, to
189 incorporate the amendment made to s. 496.405, F.S., in
190 references thereto; reenacting s. 559.907(1)(b), F.S.,
191 relating to the charges for motor vehicle repair
192 estimates, to incorporate the amendment made to s.
193 559.905, F.S., in a reference thereto; reenacting ss.
194 468.382(6), 534.47(3), 767.01, and 767.03, F.S.,
195 relating to the definition of the term “livestock” for
196 auctions, livestock markets, dog owner’s liability for
197 damages to livestock, and defenses for killing dogs,
198 respectively, to incorporate the amendment made to s.
199 585.01, F.S., in references thereto; providing
200 effective dates.
201
202 Be It Enacted by the Legislature of the State of Florida:
203
204 Section 1. Subsection (2) of section 366.94, Florida
205 Statutes, is amended to read:
206 366.94 Electric vehicle charging stations.—
207 (2) The regulation of electric vehicle charging stations is
208 preempted to the state.
209 (a) A local governmental entity may not enact or enforce an
210 ordinance or regulation related to electric vehicle charging
211 stations.
212 (b) The Department of Agriculture and Consumer Services
213 shall adopt rules to provide definitions, methods of sale,
214 labeling requirements, and price-posting requirements for
215 electric vehicle charging stations to allow for consistency for
216 consumers and the industry.
217 Section 2. Subsections (3), (4), and (10) of section
218 482.111, Florida Statutes, are amended to read:
219 482.111 Pest control operator’s certificate.—
220 (3) A certificate expires 1 year after the date of
221 issuance. Annually, on or before the 1-year an anniversary of
222 the date of issuance set by the department, an individual so
223 issued a pest control operator’s certificate must apply to the
224 department on a form prescribed by the department to renew the
225 for renewal of such certificate. After a grace period not
226 exceeding 30 calendar days following such expiration renewal
227 date, the department shall assess a late renewal charge of $50
228 shall be assessed and the certificateholder must pay the late
229 renewal charge be paid in addition to the renewal fee.
230 (4) If a certificateholder fails to renew his or her
231 certificate and provide proof of completion of the required
232 continuing education units under subsection (10) within 60 days
233 after the certificate’s expiration date, the certificateholder
234 may be recertified only after reexamination Unless timely
235 renewed, a certificate automatically expires 180 calendar days
236 after the anniversary renewal date. Subsequent to such
237 expiration, a certificate may be issued only upon successful
238 reexamination and upon payment of the examination and issuance
239 fees due.
240 (10) In order to renew Prior to the expiration date of a
241 certificate, the certificateholder must complete 2 hours of
242 approved continuing education on legislation, safety, pesticide
243 labeling, and integrated pest management and 2 hours of approved
244 continuing education in each category of her or his certificate
245 or must pass an examination given by the department. The
246 department may not renew a certificate if the continuing
247 education or examination requirement is not met.
248 (a) Courses or programs, to be considered for credit, must
249 include one or more of the following topics:
250 1. The law and rules of this state pertaining to pest
251 control.
252 2. Precautions necessary to safeguard life, health, and
253 property in the conducting of pest control and the application
254 of pesticides.
255 3. Pests, their habits, recognition of the damage they
256 cause, and identification of them by accepted common name.
257 4. Current accepted industry practices in the conducting of
258 fumigation, termites and other wood-destroying organisms pest
259 control, lawn and ornamental pest control, and household pest
260 control.
261 5. How to read labels, a review of current state and
262 federal laws on labeling, and a review of changes in or
263 additions to labels used in pest control.
264 6. Integrated pest management.
265 (b) The certificateholder must submit with her or his
266 application for renewal a statement certifying that she or he
267 has completed the required number of hours of continuing
268 education. The statement must be on a form prescribed by the
269 department and must identify at least the date, location,
270 provider, and subject of the training and must provide such
271 other information as required by the department.
272 (c) The department shall charge the same fee for
273 examination as provided in s. 482.141(2).
274 Section 3. Subsections (6), (7), and (8) of section
275 482.151, Florida Statutes, are amended to read:
276 482.151 Special identification card for performance of
277 fumigation.—
278 (6) A special identification card expires 1 year after the
279 date of issuance. A cardholder must apply An application to the
280 department to renew his or her for renewal of a special
281 identification card must be made on or before the 1-year an
282 anniversary of the date of issuance set by the department. The
283 department shall set the fee for renewal of a special
284 identification card shall be set by the department but the fee
285 may not be more than $100 or less than $50; however, until a
286 rule setting this fee is adopted by the department, the renewal
287 fee is shall be $50. After a grace period not exceeding 30
288 calendar days following such expiration renewal date, the
289 department shall assess a late renewal charge of $25, which the
290 cardholder must pay be paid in addition to the renewal fee.
291 (7) If a cardholder fails to renew his or her card and
292 provide proof of completion of the continuing education units
293 required by subsection (8) within 60 days after the expiration
294 date, the cardholder may be reissued a special identification
295 card only after reexamination Unless timely renewed, a special
296 identification card automatically expires 180 calendar days
297 after the anniversary renewal date. Subsequent to such
298 expiration, a special identification card may be issued only
299 upon successful reexamination and upon payment of examination
300 and issuance fees due, as provided in this section.
301 (8) In order to renew Prior to the expiration date of a
302 special identification card, the cardholder must do at least one
303 of the following:
304 (a) Complete 2 hours of approved continuing education on
305 legislation, safety, and pesticide labeling and 2 hours of
306 approved continuing education in the fumigation category.; or
307 (b) Pass an examination in fumigation given by the
308 department.
309 Section 4. Paragraph (b) of subsection (1) of section
310 482.155, Florida Statutes, is amended to read:
311 482.155 Limited certification for governmental pesticide
312 applicators or private applicators.—
313 (1)
314 (b) A person seeking limited certification under this
315 subsection must pass an examination given or approved by the
316 department. Each application for examination must be accompanied
317 by an examination fee set by the department, in an amount of not
318 more than $150 or less than $50; and a recertification fee of
319 $25 every 4 years. Until rules setting these fees are adopted by
320 the department, the examination fee is $50. Application for
321 recertification must be accompanied by proof of having completed
322 4 classroom hours of acceptable continuing education. The
323 limited certificate expires 4 years after the date of issuance.
324 If the certificateholder fails to renew his or her certificate
325 and provide proof of completion of the required continuing
326 education units within 60 days after the expiration date, the
327 certificateholder may be recertified only after reexamination.
328 The department shall provide the appropriate reference material
329 and make the examination readily accessible and available to all
330 applicants at least quarterly or as necessary in each county.
331 Section 5. Subsections (1), (2), and (3), of section
332 482.156, Florida Statutes, are amended to read:
333 482.156 Limited certification for commercial landscape
334 maintenance personnel.—
335 (1) The department shall establish a limited certification
336 category for individual commercial landscape maintenance
337 personnel to authorize them to apply herbicides for controlling
338 weeds in plant beds, driveways, sidewalks, and patios and to
339 perform integrated pest management on ornamental plants using
340 pesticides that do not have a insecticides and fungicides having
341 the signal word or that have the signal word “caution” but do
342 not have having the signal word “warning” or “danger” on the
343 label. The application equipment that may be used by a person
344 certified pursuant to this section is limited to portable,
345 handheld application equipment and 3-gallon compressed air
346 sprayers or backpack sprayers but having no more than a 5-gallon
347 capacity and does not include any type of power equipment.
348 (2)(a) A person seeking limited certification under this
349 section must pass an examination given by the department. Each
350 application for examination must be accompanied by an
351 examination fee set by rule of the department, in an amount of
352 not more than $150 or less than $50. Before the department
353 issues Prior to the department’s issuing a limited certification
354 under this section, each person applying for the certification
355 must furnish proof of having a certificate of insurance which
356 states that the employer meets the requirements for minimum
357 financial responsibility for bodily injury and property damage
358 required by s. 482.071(4).
359 (b) To be eligible to take the examination, an applicant
360 must have completed 6 classroom hours of plant bed and
361 ornamental continuing education training approved by the
362 department and provide sufficient proof, according to criteria
363 established by department rule. The department shall provide the
364 appropriate reference materials for the examination and make the
365 examination readily accessible and available to applicants at
366 least quarterly or as necessary in each county.
367 (3) A certificate expires 1 year after the date of
368 issuance. A certificateholder must apply to the department to
369 renew his or her certificate on or before the 1-year anniversary
370 of the date of issuance. The An application for recertification
371 under this section must be made annually and be accompanied by a
372 recertification fee set by rule of the department, in an amount
373 of not more than $75 or less than $25. The application must also
374 be accompanied by proof of having completed 4 classroom hours of
375 acceptable continuing education and the same proof of having a
376 certificate of insurance as is required for issuance of this
377 certification. After a grace period not exceeding 30 calendar
378 days following such expiration date the annual date that
379 recertification is due, a late renewal charge of $50 shall be
380 assessed and must be paid in addition to the renewal fee. If a
381 certificateholder fails to renew his or her certificate and
382 provide proof of completing the required continuing education
383 units within 60 days after the expiration date, the
384 certificateholder may be recertified only after reexamination
385 Unless timely recertified, a certificate automatically expires
386 180 calendar days after the anniversary recertification date.
387 Subsequent to such expiration, a certificate may be issued only
388 upon successful reexamination and upon payment of the
389 examination fees due.
390 Section 6. Subsection (3) of section 482.157, Florida
391 Statutes, is amended to read:
392 482.157 Limited certification for commercial wildlife
393 management personnel.—
394 (3) A certificate expires 1 year after the date of
395 issuance. A certificateholder must apply to the department to
396 renew his or her certificate on or before the 1-year anniversary
397 of the date of issuance. The An application for recertification
398 must be made annually and be accompanied by a recertification
399 fee of at least $75, but not more than $150, as prescribed by
400 the department by rule. The application must also be accompanied
401 by proof of completion of the required 4 classroom hours of
402 acceptable continuing education and the required proof of
403 insurance. After a grace period not exceeding 30 calendar days
404 following such expiration after the recertification renewal
405 date, the department shall assess a late fee of $50 in addition
406 to the renewal fee. If a certificateholder fails to renew his or
407 her certificate and provide proof of completing the required
408 continuing education units within 60 days after the expiration
409 date, the certificateholder may be recertified only after
410 reexamination A certificate automatically expires 180 days after
411 the recertification date if the renewal fee has not been paid.
412 After expiration, the department shall issue a new certificate
413 only if the applicant successfully passes a reexamination and
414 pays the examination fee and late fee.
415 Section 7. Paragraphs (k) and (l) are added to subsection
416 (1) of section 482.161, Florida Statutes, to read:
417 482.161 Disciplinary grounds and actions; reinstatement.—
418 (1) The department may issue a written warning to or impose
419 a fine against, or deny the application for licensure or
420 licensure renewal of, a licensee, certified operator, limited
421 certificateholder, identification cardholder, or special
422 identification cardholder or any other person, or may suspend,
423 revoke, or deny the issuance or renewal of any license,
424 certificate, limited certificate, identification card, or
425 special identification card that is within the scope of this
426 chapter, in accordance with chapter 120, upon any of the
427 following grounds:
428 (k) Swearing to or affirming any false statement in an
429 application for a license issued pursuant to this chapter.
430 (l) Cheating on an examination required for licensure under
431 this chapter or violating a published test center or examination
432 procedure provided orally, in writing, or electronically at the
433 test site and affirmatively acknowledged by the examinee.
434 Section 8. Section 482.191, Florida Statutes, is amended to
435 read:
436 482.191 Violation and penalty.—
437 (1) It is unlawful to do any of the following:
438 (a) Solicit, practice, perform, or advertise in pest
439 control except as provided by this chapter.
440 (b) Swear to or affirm a false statement in an application
441 for a license or certificate issued pursuant to this chapter. A
442 false statement contained in an application for such license or
443 certificate renders the application, license, or certificate
444 void.
445 (c) Cheat on an examination required for licensure under
446 this chapter or violate a published test center or examination
447 procedure provided orally, in writing, or electronically at the
448 test site and affirmatively acknowledged by an examinee.
449 Violating this paragraph renders the examinee’s exam attempt
450 void. The department shall adopt rules establishing penalties
451 for examinees who violate this subsection. The department may
452 exercise discretion in assessing penalties based on the nature
453 and frequency of the violation.
454 (2) Except as provided in paragraph (1)(c), a person who
455 violates any provision of this chapter commits is guilty of a
456 misdemeanor of the second degree, punishable as provided in s.
457 775.082 or s. 775.083.
458 (3) A Any person who violates any rule of the department
459 relative to pest control commits is guilty of a misdemeanor of
460 the second degree, punishable as provided in s. 775.082 or s.
461 775.083.
462 Section 9. Subsection (3) of section 482.226, Florida
463 Statutes, is amended to read:
464 482.226 Wood-destroying organism inspection report; notice
465 of inspection or treatment; financial responsibility.—
466 (3) When an inspection If periodic reinspections or
467 retreatments are specified in wood-destroying organisms
468 preventive or control contracts is conducted or any treatment
469 covered by the wood-destroying organisms preventive or control
470 contracts is performed, the licensee shall furnish the property
471 owner or the property owner’s authorized agent, after each such
472 reinspection or retreatment, a signed report indicating the
473 presence or absence of wood-destroying organisms covered by the
474 contract, whether treatment retreatment was made, and the common
475 or brand name of the pesticide used. Such report need not be on
476 a form prescribed by the department.
477 (a) If a licensee performs an inspection not specified in
478 the wood-destroying organisms preventive or control contract,
479 and the presence of wood-destroying organisms covered by the
480 contract is identified, the licensee must provide the property
481 owner or property owner’s authorized agent with a signed report
482 notifying her or him of the presence of wood-destroying
483 organisms.
484 (b) A person may not perform inspections periodic
485 reinspections or treatments retreatments unless she or he has an
486 identification card issued under s. 482.091(9).
487 Section 10. Subsection (13) of section 487.031, Florida
488 Statutes, is amended to read:
489 487.031 Prohibited acts.—It is unlawful:
490 (13) For any person to do any of the following:
491 (a) Make a false or fraudulent claim through any medium,
492 misrepresenting the effect of materials or methods used.;
493 (b) Make a pesticide recommendation or application not in
494 accordance with the label, except as provided in this section,
495 or not in accordance with recommendations of the United States
496 Environmental Protection Agency or not in accordance with the
497 specifications of a special local need registration.;
498 (c) Operate faulty or unsafe equipment.;
499 (d) Operate in a faulty, careless, or negligent manner.;
500 (e) Apply any pesticide directly to, or in any manner cause
501 any pesticide to drift onto, any person or area not intended to
502 receive the pesticide.;
503 (f) Fail to disclose to an agricultural crop grower, before
504 prior to the time pesticides are applied to a crop, full
505 information regarding the possible harmful effects to human
506 beings or animals and the earliest safe time for workers or
507 animals to reenter the treated field.;
508 (g) Refuse or, after notice, neglect to comply with the
509 provisions of this part, the rules adopted under this part, or
510 any lawful order of the department.;
511 (h) Refuse or neglect to keep and maintain the records
512 required by this part or to submit reports when and as
513 required.;
514 (i) Make false or fraudulent records, invoices, or
515 reports.;
516 (j) Use fraud or misrepresentation in making an application
517 for a license or license renewal.;
518 (k) Swear to or affirm a false statement in an application
519 for a license issued pursuant to this chapter.
520 (l) Cheat on an examination required for licensure under
521 this chapter or violate a published test center or examination
522 procedure provided orally, in writing, or electronically at the
523 test site and affirmatively acknowledged by the examinee.
524 (m) Refuse or neglect to comply with any limitations or
525 restrictions on or in a duly issued license.;
526 (n)(l) Aid or abet a licensed or unlicensed person to evade
527 the provisions of this part, or combine or conspire with a
528 licensed or unlicensed person to evade the provisions of this
529 part, or allow a license to be used by an unlicensed person.;
530 (o)(m) Make false or misleading statements during or after
531 an inspection concerning any infestation or infection of pests
532 found on land.;
533 (p)(n) Make false or misleading statements, or fail to
534 report, pursuant to this part, any suspected or known damage to
535 property or illness or injury to persons caused by the
536 application of pesticides.;
537 (q)(o) Impersonate any state, county, or city inspector or
538 official.;
539 (r)(p) Fail to maintain a current liability insurance
540 policy or surety bond required by as provided for in this part.;
541 (s)(q) Fail to adequately train, as required by provided
542 for in this part, unlicensed applicators or mixer-loaders
543 applying restricted-use pesticides under the direct supervision
544 of a licensed applicator.; or
545 (t)(r) Fail to provide authorized representatives of the
546 department with records required by this part or with free
547 access for inspection and sampling of any pesticide, areas
548 treated with or impacted by these materials, and equipment used
549 in their application.
550 Section 11. Section 487.175, Florida Statutes, is amended
551 to read:
552 487.175 Penalties; administrative fine; injunction.—
553 (1) In addition to any other penalty provided in this part,
554 when the department finds any person, applicant, or licensee has
555 violated any provision of this part or rule adopted under this
556 part, it may enter an order imposing any one or more of the
557 following penalties:
558 (a) Denial of an application for licensure.
559 (b) Revocation or suspension of a license.
560 (c) Issuance of a warning letter.
561 (d) Placement of the licensee on probation for a specified
562 period of time and subject to conditions the department may
563 specify by rule, including requiring the licensee to attend
564 continuing education courses, to demonstrate competency through
565 a written or practical examination, or to work under the direct
566 supervision of another licensee.
567 (e) Imposition of an administrative fine in the Class III
568 category pursuant to s. 570.971 for each violation. When
569 imposing a fine under this paragraph, the department shall
570 consider the degree and extent of harm caused by the violation,
571 the cost of rectifying the damage, the amount of money the
572 violator benefited from by noncompliance, whether the violation
573 was committed willfully, and the compliance record of the
574 violator.
575 (2) It is unlawful for a person to swear to or affirm a
576 false statement in an application for a license or certificate
577 issued pursuant to this chapter. A false statement contained in
578 an application for such license or certificate renders the
579 application, license, or certificate void.
580 (3) Cheating on an examination required for licensure under
581 this chapter or violating a published test center or examination
582 procedure provided orally, in writing, or electronically at the
583 test site and affirmatively acknowledged by the examinee renders
584 the examinee’s exam attempt void. The department shall adopt
585 rules establishing penalties for examinees who violate this
586 section. The department may exercise discretion in assessing
587 penalties based on the nature and frequency of the violation.
588 (4) Except as provided under subsection (3), a Any person
589 who violates any provision of this part or rules adopted
590 pursuant thereto commits a misdemeanor of the second degree and
591 upon conviction is punishable as provided in s. 775.082 or s.
592 775.083. For a subsequent violation, such person commits a
593 misdemeanor of the first degree and upon conviction is
594 punishable as provided in s. 775.082 or s. 775.083.
595 (5)(3) In addition to the remedies provided in this part
596 and notwithstanding the existence of any adequate remedy at law,
597 the department may bring an action to enjoin the violation or
598 threatened violation of any provision of this part, or rule
599 adopted under this part, in the circuit court of the county in
600 which the violation occurred or is about to occur. Upon the
601 department’s presentation of competent and substantial evidence
602 to the court of the violation or threatened violation, the court
603 shall immediately issue the temporary or permanent injunction
604 sought by the department. The injunction shall be issued without
605 bond. A single act in violation of any provision of this part is
606 shall be sufficient to authorize the issuance of an injunction.
607 Section 12. Paragraph (b) of subsection (3) of section
608 493.6113, Florida Statutes, is amended to read:
609 493.6113 Renewal application for licensure.—
610 (3) Each licensee is responsible for renewing his or her
611 license on or before its expiration by filing with the
612 department an application for renewal accompanied by payment of
613 the renewal fee and the fingerprint retention fee to cover the
614 cost of ongoing retention in the statewide automated biometric
615 identification system established in s. 943.05(2)(b). Upon the
616 first renewal of a license issued under this chapter before
617 January 1, 2017, the licensee shall submit a full set of
618 fingerprints and fingerprint processing fees to cover the cost
619 of entering the fingerprints into the statewide automated
620 biometric identification system pursuant to s. 493.6108(4)(a)
621 and the cost of enrollment in the Federal Bureau of
622 Investigation’s national retained print arrest notification
623 program. Subsequent renewals may be completed without submission
624 of a new set of fingerprints.
625 (b) Each Class “G” licensee shall additionally submit proof
626 that he or she has received during each year of the license
627 period a minimum of 4 hours of firearms requalification training
628 taught by a Class “K” licensee and has complied with such other
629 health and training requirements that the department shall adopt
630 by rule. Proof of completion of firearms requalification
631 training shall be submitted to the department upon completion of
632 the training. A Class “G” licensee must successfully complete
633 this requalification training for each type and caliber of
634 firearm carried in the course of performing his or her regulated
635 duties. At the discretion of a Class “K” instructor, a Class “G”
636 licensee may qualify for up to two calibers of firearms in one
637 4-hour firearm requalification class if the licensee
638 successfully completes training for each firearm, including a
639 separate course of fire for each caliber of firearm. If the
640 licensee fails to complete the required 4 hours of annual
641 training during the first year of the 2-year term of the
642 license, the license is shall be automatically suspended. The
643 licensee must complete the minimum number of hours of range and
644 classroom training required at the time of initial licensure and
645 submit proof of completion of such training to the department
646 before the license may be reinstated. If the licensee fails to
647 complete the required 4 hours of annual training during the
648 second year of the 2-year term of the license, the licensee must
649 complete the minimum number of hours of range and classroom
650 training required at the time of initial licensure and submit
651 proof of completion of such training to the department before
652 the license may be renewed. The department may waive the
653 firearms training requirement if:
654 1. The applicant provides proof that he or she is currently
655 certified as a law enforcement officer or correctional officer
656 under the Criminal Justice Standards and Training Commission and
657 has completed law enforcement firearms requalification training
658 annually during the previous 2 years of the licensure period;
659 2. The applicant provides proof that he or she is currently
660 certified as a federal law enforcement officer and has received
661 law enforcement firearms training administered by a federal law
662 enforcement agency annually during the previous 2 years of the
663 licensure period;
664 3. The applicant submits a valid firearm certificate among
665 those specified in s. 493.6105(6)(a) and provides proof of
666 having completed requalification training during the previous 2
667 years of the licensure period; or
668 4. The applicant provides proof that he or she has
669 completed annual firearms training in accordance with the
670 requirements of the federal Law Enforcement Officers Safety Act
671 under 18 U.S.C. ss. 926B-926C.
672 Section 13. Section 493.6127, Florida Statutes, is created
673 to read:
674 493.6127 Appointment of tax collectors to accept
675 applications and renewals for licenses; fees; penalties.—
676 (1) The department may appoint a tax collector, a county
677 officer as described in s. 1(d), Art. VIII of the State
678 Constitution, to accept new, renewal, and replacement license
679 applications on behalf of the department for licenses issued
680 under this chapter. Such appointment shall be for specified
681 locations that will best serve the public interest and
682 convenience in persons applying for these licenses. The
683 department shall establish by rule the type of new, renewal, or
684 replacement licenses a tax collector appointed under this
685 section is authorized to accept.
686 (2) A tax collector seeking to be appointed to accept
687 applications for new, renewal, or replacement licenses must
688 submit a written request to the department stating his or her
689 name, address, telephone number, each location within the county
690 at which the tax collector wishes to accept applications, and
691 other information as required by the department.
692 (a) Upon receipt of a written request, the department shall
693 review it and may decline to enter into a memorandum of
694 understanding or, if approved, may enter into a memorandum of
695 understanding with the tax collector to accept applications for
696 new or renewal licenses on behalf of the department.
697 (b) The department may rescind a memorandum of
698 understanding for any reason at any time.
699 (3) All information provided pursuant to s. 493.6105 or s.
700 493.6113 and contained in the records of a tax collector
701 appointed under this section which is confidential pursuant to
702 s. 493.6122, or any other state or federal law, retains its
703 confidentiality.
704 (4) A person may not handle an application for a license
705 issued pursuant to this chapter for a fee or compensation of any
706 kind unless he or she has been appointed by the department to do
707 so.
708 (5) A tax collector appointed under this section may
709 collect and retain a convenience fee of $22 for each new
710 application, $12 for each renewal application, $12 for each
711 replacement license, $9 for fingerprinting services associated
712 with the completion of an application submitted online or by
713 mail, and $9 for photography services associated with the
714 completion of an application submitted online or by mail, and
715 shall remit weekly to the department the license fees pursuant
716 to chapter 493 for deposit in the Division of Licensing Trust
717 Fund.
718 (6) A person who willfully violates this section commits a
719 misdemeanor of the second degree, punishable as provided in s.
720 775.082 or s. 775.083.
721 (7) Upon receipt of a completed renewal or replacement
722 application, a new color photograph, and appropriate payment of
723 required fees, a tax collector authorized to accept renewal or
724 replacement applications for licenses under this section may,
725 upon approval and confirmation of license issuance by the
726 department, print and deliver a license to a licensee renewing
727 or replacing his or her license at the tax collector’s office.
728 Section 14. Subsection (28) is added to section 496.404,
729 Florida Statutes, to read:
730 496.404 Definitions.—As used in ss. 496.401-496.424, the
731 term:
732 (28) “Street address” means the physical location where
733 activities subject to regulation under this chapter are
734 conducted or where an applicant, licensee, or other referenced
735 individual actually resides. The term does not include a virtual
736 office, a post office box, or a mail drop.
737 Section 15. Present paragraphs (d) through (g) of
738 subsection (2) of section 496.405, Florida Statutes, are
739 redesignated as paragraphs (e) through (h), respectively, a new
740 paragraph (d) is added to that subsection, and paragraphs (b)
741 and (d) of subsection (1), subsection (3), paragraph (a) of
742 subsection (4), and paragraph (b) of subsection (7) of that
743 section are amended, to read:
744 496.405 Registration statements by charitable organizations
745 and sponsors.—
746 (1) A charitable organization or sponsor, unless exempted
747 pursuant to s. 496.406, which intends to solicit contributions
748 in or from this state by any means or have funds solicited on
749 its behalf by any other person, charitable organization,
750 sponsor, commercial co-venturer, or professional solicitor, or
751 that participates in a charitable sales promotion or sponsor
752 sales promotion, must, before engaging in any of these
753 activities, file an initial registration statement, and a
754 renewal statement annually thereafter, with the department.
755 (b) Any changes to the information submitted to the
756 department pursuant to paragraph (2)(d) or paragraph (2)(e) on
757 the initial registration statement or the last renewal statement
758 must be reported to the department on a form prescribed by the
759 department within 10 days after the change occurs.
760 (d) The registration of a charitable organization or
761 sponsor may not continue in effect and shall expire without
762 further action of the department under either of the following
763 circumstances:
764 1. After the date the charitable organization or sponsor
765 should have filed, but failed to file, its renewal statement in
766 accordance with this section.
767 2. For failure to provide a financial statement within any
768 extension period provided under s. 496.407.
769 (2) The initial registration statement must be submitted on
770 a form prescribed by the department, signed by an authorized
771 official of the charitable organization or sponsor who shall
772 certify that the registration statement is true and correct, and
773 include the following information or material:
774 (d) The name and street address of each institution where
775 banking or similar monetary transactions are done by the
776 charitable organization or sponsor.
777 (3) Each chapter, branch, or affiliate of a parent
778 organization that is required to register under this section
779 must file a separate registration statement and financial
780 statement or report the required information to its parent
781 organization, which shall then file, on a form prescribed by the
782 department, a consolidated registration statement for the parent
783 organization and its Florida chapters, branches, and affiliates.
784 A consolidated registration statement filed by a parent
785 organization must include or be accompanied by financial
786 statements as specified in s. 496.407 for the parent
787 organization and each of its Florida chapters, branches, and
788 affiliates that solicited or received contributions during the
789 preceding fiscal year. However, if all contributions received by
790 chapters, branches, or affiliates are remitted directly into a
791 depository account that feeds directly into the parent
792 organization’s centralized accounting system from which all
793 disbursements are made, the parent organization may submit one
794 consolidated financial statement on a form prescribed by the
795 department. The consolidated financial statement must comply
796 with s. 496.407 and must reflect the activities of each chapter,
797 branch, or affiliate of the parent organization, including all
798 contributions received in the name of each chapter, branch, or
799 affiliate; all payments made to each chapter, branch, or
800 affiliate; and all administrative fees assessed to each chapter,
801 branch, or affiliate. A copy of Internal Revenue Service Form
802 990 and all attached schedules filed for the preceding fiscal
803 year, or a copy of Internal Revenue Service Form 990-EZ and
804 Schedule O for the preceding fiscal year, for the parent
805 organization and each Florida chapter, branch, or affiliate that
806 is required to file such forms must be attached to the
807 consolidated financial statement.
808 (4)(a) Every charitable organization, sponsor, or parent
809 organization filing on behalf of one or more chapters, branches,
810 or affiliates that is required to register under this section
811 must pay a single registration fee. A parent organization filing
812 on behalf of one or more chapters, branches, or affiliates shall
813 total all contributions received by the chapters, branches, or
814 affiliates included in the registration statement to determine
815 registration fees. Fees shall be assessed as follows:
816 1.a. Ten dollars, if the contributions received for the
817 last fiscal or calendar year were less than $5,000; or
818 b. Ten dollars, if the contributions actually raised or
819 received from the public during the immediately preceding fiscal
820 year by such organization or sponsor are no more than $50,000
821 and the fundraising activities of such organization or sponsor
822 are carried on by volunteers, members, officers, or permanent
823 employees, who are not compensated, primarily to solicit such
824 contributions, provided no part of the assets or income of such
825 organization or sponsor inures to the benefit of or is paid to
826 any officer or member of such organization or sponsor or to any
827 professional fundraising consultant, professional solicitor, or
828 commercial co-venturer;
829 2. Seventy-five dollars, if the contributions received for
830 the last fiscal year were $5,000 or more, but less than
831 $100,000;
832 3. One hundred twenty-five dollars, if the contributions
833 received for the last fiscal year were $100,000 or more, but
834 less than $200,000;
835 4. Two hundred dollars, if the contributions received for
836 the last fiscal year were $200,000 or more, but less than
837 $500,000;
838 5. Three hundred dollars, if the contributions received for
839 the last fiscal year were $500,000 or more, but less than $1
840 million;
841 6. Three hundred fifty dollars, if the contributions
842 received for the last fiscal year were $1 million or more, but
843 less than $10 million;
844 7. Four hundred dollars, if the contributions received for
845 the last fiscal year were $10 million or more.
846 (7)
847 (b) If a charitable organization or sponsor discloses
848 information specified in subparagraphs (2)(e)2.-7. subparagraphs
849 (2)(d)2.-7. in the initial registration statement or annual
850 renewal statement, the time limits set forth in paragraph (a)
851 are waived, and the department must shall process such initial
852 registration statement or annual renewal statement in accordance
853 with the time limits set forth in chapter 120. The registration
854 of a charitable organization or sponsor shall be automatically
855 suspended for failure to disclose any information specified in
856 subparagraphs (2)(e)2.-7. subparagraphs (2)(d)2.-7. until such
857 time as the required information is submitted to the department.
858 Section 16. Paragraph (d) of subsection (1) and paragraph
859 (a) of subsection (2) of section 496.406, Florida Statutes, are
860 amended to read:
861 496.406 Exemption from registration.—
862 (1) The following charitable organizations and sponsors are
863 exempt from the requirements of s. 496.405:
864 (d) A charitable organization or sponsor that has less than
865 $50,000 in total contributions revenue during a fiscal year if
866 the fundraising activities of such organization or sponsor are
867 carried on by volunteers, members, or officers who are not
868 compensated and no part of the assets or income of such
869 organization or sponsor inures to the benefit of or is paid to
870 any officer or member of such organization or sponsor or to any
871 professional fundraising consultant, professional solicitor, or
872 commercial co-venturer. If a charitable organization or sponsor
873 that has less than $50,000 in total contributions revenue during
874 a fiscal year actually acquires total contributions revenue
875 equal to or in excess of $50,000, the charitable organization or
876 sponsor must register with the department as required by s.
877 496.405 within 30 days after the date the contributions reach
878 revenue reaches $50,000.
879 (2) Before soliciting contributions, a charitable
880 organization or sponsor claiming to be exempt from the
881 registration requirements of s. 496.405 under paragraph (1)(d)
882 must submit annually to the department, on forms prescribed by
883 the department:
884 (a) The name, street address, and telephone number of the
885 charitable organization or sponsor, the name under which it
886 intends to solicit contributions, the purpose for which it is
887 organized, and the purpose or purposes for which the
888 contributions to be solicited will be used.
889 Section 17. Paragraph (a) of subsection (1) and subsection
890 (3) of section 496.407, Florida Statutes, are amended to read:
891 496.407 Financial statement.—
892 (1) A charitable organization or sponsor that is required
893 to initially register or annually renew registration must file
894 an annual financial statement for the immediately preceding
895 fiscal year on a form prescribed by the department.
896 (a) The statement must include the following:
897 1. A balance sheet.
898 2. A statement of support, revenue and expenses, and any
899 change in the fund balance.
900 3. The names and street addresses of the charitable
901 organizations or sponsors, professional fundraising consultant,
902 professional solicitors, and commercial co-venturers used, if
903 any, and the amounts received therefrom, if any.
904 4. A statement of functional expenses that must include,
905 but is not limited to, expenses in the following categories:
906 a. Program service costs.
907 b. Management and general costs.
908 c. Fundraising costs.
909 (3) Upon a showing of good cause by a charitable
910 organization or sponsor, The department may extend the time for
911 the filing of a financial statement required under this section
912 by up to 180 days, during which time the previous registration
913 shall remain active. The registration must shall be
914 automatically suspended for failure to file the financial
915 statement within the extension period.
916 Section 18. Paragraph (c) of subsection (2) of section
917 496.409, Florida Statutes, is amended to read:
918 496.409 Registration and duties of professional fundraising
919 consultant.—
920 (2) Applications for registration or renewal of
921 registration must be submitted on a form prescribed by the
922 department, signed by an authorized official of the professional
923 fundraising consultant who shall certify that the report is true
924 and correct, and must include the following information:
925 (c) The names and street residence addresses of all
926 principals of the applicant, including all officers, directors,
927 and owners.
928 Section 19. Paragraphs (d) and (j) of subsection (2),
929 paragraph (c) of subsection (6), paragraphs (a), (b), and (h) of
930 subsection (10), and subsection (11) of section 496.410, Florida
931 Statutes, are amended to read:
932 496.410 Registration and duties of professional
933 solicitors.—
934 (2) Applications for registration or renewal of
935 registration must be submitted on a form prescribed by rule of
936 the department, signed by an authorized official of the
937 professional solicitor who shall certify that the report is true
938 and correct, and must include the following information:
939 (d) The names and street residence addresses of all
940 principals of the applicant, including all officers, directors,
941 and owners.
942 (j) A list of all telephone numbers the applicant will use
943 to solicit contributions as well as the actual street physical
944 address associated with each telephone number and any fictitious
945 names associated with such address.
946 (6) No less than 15 days before commencing any solicitation
947 campaign or event, the professional solicitor must file with the
948 department a solicitation notice on a form prescribed by the
949 department. The notice must be signed and sworn to by the
950 contracting officer of the professional solicitor and must
951 include:
952 (c) The legal name and street residence address of each
953 person responsible for directing and supervising the conduct of
954 the campaign.
955 (10) During each solicitation campaign, and for not less
956 than 3 years after its completion, the professional solicitor
957 shall maintain the following records:
958 (a) The date and amount of each contribution received and
959 the name, street address, and telephone number of each
960 contributor.
961 (b) The name and residence street address of each employee,
962 agent, and any other person, however designated, who is involved
963 in the solicitation, the amount of compensation paid to each,
964 and the dates on which the payments were made.
965 (h) If a refund of a contribution has been requested, the
966 name and street address of each person requesting the refund,
967 and, if a refund was made, its amount and the date it was made.
968 (11) If the professional solicitor sells tickets to any
969 event and represents that the tickets will be donated for use by
970 another person, the professional solicitor also must shall
971 maintain for the same period as specified in subsection (10) the
972 following records:
973 (a) The name and street address of each contributor who
974 purchases or donates tickets and the number of tickets purchased
975 or donated by the contributor.
976 (b) The name and street address of each organization that
977 receives the donated tickets for the use of others, and the
978 number of tickets received by the organization.
979 Section 20. Paragraph (a) of subsection (2) of section
980 496.4101, Florida Statutes, is amended to read:
981 496.4101 Licensure of professional solicitors and certain
982 employees thereof.—
983 (2) Persons required to obtain a solicitor license under
984 subsection (1) shall submit to the department, in such form as
985 the department prescribes, an application for a solicitor
986 license. The application must include the following information:
987 (a) The true name, date of birth, unique identification
988 number of a driver license or other valid form of
989 identification, and street home address of the applicant.
990 Section 21. Paragraph (c) of subsection (2) of section
991 496.411, Florida Statutes, is amended, and paragraph (e) of that
992 subsection is reenacted, to read:
993 496.411 Disclosure requirements and duties of charitable
994 organizations and sponsors.—
995 (2) A charitable organization or sponsor soliciting in this
996 state must include all of the following disclosures at the point
997 of solicitation:
998 (c) Upon request, the name and either the street address or
999 telephone number of a representative to whom inquiries may be
1000 addressed.
1001 (e) Upon request, the source from which a written financial
1002 statement may be obtained. Such financial statement must be for
1003 the immediate preceding fiscal year and must be consistent with
1004 the annual financial statement filed under s. 496.407. The
1005 written financial statement must be provided within 14 days
1006 after the request and must state the purpose for which funds are
1007 raised, the total amount of all contributions raised, the total
1008 costs and expenses incurred in raising contributions, the total
1009 amount of contributions dedicated to the stated purpose or
1010 disbursed for the stated purpose, and whether the services of
1011 another person or organization have been contracted to conduct
1012 solicitation activities.
1013 Section 22. Paragraph (a) of subsection (2) of section
1014 496.4121, Florida Statutes, is amended to read:
1015 496.4121 Collection receptacles used for donations.—
1016 (2) A collection receptacle must display a permanent sign
1017 or label on each side which contains the following information
1018 printed in letters that are at least 3 inches in height and no
1019 less than one-half inch in width, in a color that contrasts with
1020 the color of the collection receptacle:
1021 (a) For a collection receptacle used by a person required
1022 to register under this chapter, the name, street business
1023 address, telephone number, and registration number of the
1024 charitable organization or sponsor for whom the solicitation is
1025 made.
1026 Section 23. Paragraph (a) of subsection (2) and subsection
1027 (6) of section 496.425, Florida Statutes, are amended to read:
1028 496.425 Solicitation of funds within public transportation
1029 facilities.—
1030 (2) Any person desiring to solicit funds within a facility
1031 shall first obtain a written permit therefor from the authority
1032 responsible for the administration of the facility.
1033 (a) An application in writing for such permit must shall be
1034 submitted to the authority and must state shall set forth:
1035 1. The full name, street mailing address, and telephone
1036 number of the person or organization sponsoring, promoting, or
1037 conducting the proposed activities;
1038 2. The full name, street mailing address, and telephone
1039 number of each person who will participate in such activities
1040 and of the person who will have supervision of and
1041 responsibility for the proposed activities;
1042 3. A description of the proposed activities indicating the
1043 type of communication to be involved;
1044 4. The dates on and the hours during which the activities
1045 are proposed to be carried out and the expected duration of the
1046 proposed activities; and
1047 5. The number of persons to be engaged in such activities.
1048 (6) Each individual solicitor shall display prominently on
1049 her or his person a badge or insignia, provided by the solicitor
1050 and approved by the authority, bearing the signature of a
1051 responsible officer of the authority and that of the solicitor
1052 and describing the solicitor by name, age, height, weight, eye
1053 color, hair color, street address, and principal occupation and
1054 indicating the name of the organization for which funds are
1055 solicited.
1056 Section 24. Effective upon this act becoming a law, present
1057 paragraphs (k) through (y) of subsection (1) of section 500.03,
1058 Florida Statutes, are redesignated as paragraphs (l) through
1059 (z), respectively, and a new paragraph (k) is added to that
1060 subsection, to read:
1061 500.03 Definitions; construction; applicability.—
1062 (1) For the purpose of this chapter, the term:
1063 (k) “Cultivated meat” means any meat or food product
1064 produced from cultured animal cells.
1065 Section 25. Effective upon this act becoming a law, section
1066 500.452, Florida Statutes, is created to read:
1067 500.452 Cultivated meat; prohibition; penalties.—
1068 (1) It is unlawful for any person to manufacture, sell,
1069 hold or offer for sale, or distribute cultivated meat in this
1070 state.
1071 (2) A person who violates this section commits a
1072 misdemeanor of the second degree, punishable as provided in s.
1073 775.082 or s. 775.083.
1074 (3) A food establishment that manufactures, distributes, or
1075 sells cultivated meat in violation of this section is subject to
1076 disciplinary action pursuant to s. 500.121.
1077 (4) In addition to the penalties provided in this section,
1078 the license of any restaurant, store, or other business may be
1079 suspended as provided in the applicable licensing law upon the
1080 conviction of an owner or employee of that business for a
1081 violation of this section in connection with that business.
1082 (5) A product found to be in violation of this section is
1083 subject to s. 500.172 and an immediate stop-sale order.
1084 (6) The department may adopt rules to implement this
1085 section.
1086 Section 26. Subsection (10) is added to section 507.07,
1087 Florida Statutes, to read:
1088 507.07 Violations.—It is a violation of this chapter:
1089 (10) For a mover to place a shipper’s goods in a self
1090 service storage unit or self-contained storage unit owned by
1091 anyone other than the mover unless those goods are stored in the
1092 name of the shipper and the shipper contracts directly with the
1093 owner of the self-service storage unit or self-contained storage
1094 unit.
1095 Section 27. Section 531.67, Florida Statutes, is repealed.
1096 Section 28. Paragraphs (d) and (e) of subsection (1) and
1097 paragraph (a) of subsection (3) of section 559.904, Florida
1098 Statutes, are amended to read:
1099 559.904 Motor vehicle repair shop registration;
1100 application; exemption.—
1101 (1) Each motor vehicle repair shop engaged or attempting to
1102 engage in the business of motor vehicle repair work must
1103 register with the department prior to doing business in this
1104 state. The application for registration must be on a form
1105 provided by the department and must include at least the
1106 following information:
1107 (d) Copies of all licenses, permits, and certifications
1108 obtained by the applicant or employees of the applicant.
1109 (e) Number of employees who perform repairs at each
1110 location or whom which the applicant intends to employ or which
1111 are currently employed.
1112 (3)(a) Each application for registration must be
1113 accompanied by a registration fee for each location calculated
1114 on a per-year basis as follows:
1115 1. If the place of business has 1 to 5 employees who
1116 perform repairs: $50.
1117 2. If the place of business has 6 to 10 employees who
1118 perform repairs: $150.
1119 3. If the place of business has 11 or more employees who
1120 perform repairs: $300.
1121 Section 29. Subsections (1) and (2) of section 559.905,
1122 Florida Statutes, are amended to read:
1123 559.905 Written motor vehicle repair estimate and
1124 disclosure statement required.—
1125 (1) When any customer requests a motor vehicle repair shop
1126 to perform repair work on a motor vehicle, the cost of which
1127 repair work will exceed $150 $100 to the customer, the shop
1128 shall prepare a written repair estimate, which is a form setting
1129 forth the estimated cost of repair work, including diagnostic
1130 work, before effecting any diagnostic work or repair. The
1131 written repair estimate must shall also include all of the
1132 following items:
1133 (a) The name, address, and telephone number of the motor
1134 vehicle repair shop.
1135 (b) The name, address, and telephone number of the
1136 customer.
1137 (c) The date and time of the written repair estimate.
1138 (d) The year, make, model, odometer reading, and license
1139 tag number of the motor vehicle.
1140 (e) The proposed work completion date.
1141 (f) A general description of the customer’s problem or
1142 request for repair work or service relating to the motor
1143 vehicle.
1144 (g) A statement as to whether the customer is being charged
1145 according to a flat rate or an hourly rate, or both.
1146 (h) The estimated cost of repair which must shall include
1147 any charge for shop supplies or for hazardous or other waste
1148 removal and, if a charge is included, the estimate must shall
1149 include the following statement:
1150
1151 “This charge represents costs and profits to the motor
1152 vehicle repair facility for miscellaneous shop
1153 supplies or waste disposal.”
1154
1155 If a charge is mandated by state or federal law, the estimate
1156 must shall contain a statement identifying the law and the
1157 specific amount charged under the law.
1158 (i) The charge for making a repair price estimate or, if
1159 the charge cannot be predetermined, the basis on which the
1160 charge will be calculated.
1161 (j) The customer’s intended method of payment.
1162 (k) The name and telephone number of another person who may
1163 authorize repair work, if the customer desires to designate such
1164 person.
1165 (l) A statement indicating what, if anything, is guaranteed
1166 in connection with the repair work and the time and mileage
1167 period for which the guarantee is effective.
1168 (m) A statement allowing the customer to indicate whether
1169 replaced parts should be saved for inspection or return.
1170 (n) A statement indicating the daily charge for storing the
1171 customer’s motor vehicle after the customer has been notified
1172 that the repair work has been completed. However, no storage
1173 charges may not shall accrue or be due and payable for a period
1174 of 3 working days from the date after of such notification.
1175 (2) If the cost of repair work will exceed $150 $100, the
1176 shop must shall present to the customer a written notice
1177 conspicuously disclosing, in a separate, blocked section, only
1178 the following statement, in capital letters of at least 12-point
1179 type:
1180
1181 PLEASE READ CAREFULLY, CHECK ONE OF THE STATEMENTS BELOW, AND
1182 SIGN:
1183 I UNDERSTAND THAT, UNDER STATE LAW, I AM ENTITLED TO A
1184 WRITTEN ESTIMATE IF MY FINAL BILL WILL EXCEED $150 $100.
1185
1186 .... I REQUEST A WRITTEN ESTIMATE.
1187
1188 .... I DO NOT REQUEST A WRITTEN ESTIMATE AS LONG AS THE
1189 REPAIR COSTS DO NOT EXCEED $..... THE SHOP MAY NOT EXCEED THIS
1190 AMOUNT WITHOUT MY WRITTEN OR ORAL APPROVAL.
1191
1192 .... I DO NOT REQUEST A WRITTEN ESTIMATE.
1193
1194 SIGNED ............ DATE ....
1195
1196 Section 30. Subsection (38), of section 570.07, Florida
1197 Statutes, is amended to read:
1198 570.07 Department of Agriculture and Consumer Services;
1199 functions, powers, and duties.—The department shall have and
1200 exercise the following functions, powers, and duties:
1201 (38) To repair or build structures, from existing
1202 appropriations authority, notwithstanding chapters 216 and 255,
1203 not to exceed a cost of $500,000 $250,000 per structure. These
1204 structures must meet all applicable building codes.
1205 Section 31. Section 570.69, Florida Statutes, is amended to
1206 read:
1207 570.69 Definitions; ss. 570.69 and 570.691.—For the purpose
1208 of this section and s. 570.691:
1209 (1) “Center” means the Florida Agricultural Legacy Learning
1210 Center.
1211 (2) “Designated program” means the departmental program
1212 that which a direct-support organization has been created to
1213 support.
1214 (3)(2) “Direct-support organization” or “organization”
1215 means an organization that which is a Florida corporation not
1216 for profit incorporated under chapter 617 and approved by the
1217 department to operate for the benefit of a museum or a
1218 designated program.
1219 (3) “Museum” means the Florida Agricultural Museum, which
1220 is designated as the museum for agriculture and rural history of
1221 the State of Florida.
1222 Section 32. Subsections (1), (2), (4), (5), and (7) of
1223 section 570.691, Florida Statutes, are amended to read:
1224 570.691 Direct-support organization.—
1225 (1) The department may authorize the establishment of
1226 direct-support organizations to provide assistance, funding, and
1227 promotional support for the museums and other programs of the
1228 department. The following provisions shall govern the creation,
1229 use, powers, and duties of the direct-support organizations:
1230 (a) The department shall enter into a memorandum or letter
1231 of agreement with the direct-support organization, which must
1232 shall specify the approval of the department, the powers and
1233 duties of the direct-support organization, and rules with which
1234 the direct-support organization must comply.
1235 (b) The department may authorize, without charge,
1236 appropriate use of property, facilities, and personnel of the
1237 department by the direct-support organization. The use must
1238 shall be for the approved purposes of the direct-support
1239 organization and may not be made at times or places that would
1240 unreasonably interfere with opportunities for the general public
1241 to use department facilities.
1242 (c) The department shall prescribe by agreement conditions
1243 with which the direct-support organization must comply in order
1244 to use property, facilities, or personnel of the department.
1245 Such conditions must shall provide for budget and audit review
1246 and oversight by the department.
1247 (d) The department may not authorize the use of property,
1248 facilities, or personnel of the center museum, department, or
1249 designated program by the direct-support organization that does
1250 not provide equal employment opportunities to all persons
1251 regardless of race, color, religion, sex, age, or national
1252 origin.
1253 (2)(a) The direct-support organization may conduct programs
1254 and activities; raise funds; request and receive grants, gifts,
1255 and bequests of money; acquire, receive, hold, invest, and
1256 administer, in its own name, securities, funds, objects of
1257 value, or other property, real or personal; and make
1258 expenditures to or for the direct or indirect benefit of the
1259 center museum or designated program.
1260 (b) Notwithstanding the provisions of s. 287.025(1)(e), the
1261 direct-support organization may enter into contracts to insure
1262 property of the center museum or designated programs and may
1263 insure objects or collections on loan from others in satisfying
1264 security terms of the lender.
1265 (4) A department employee, direct-support organization or
1266 center museum employee, volunteer, or director, or designated
1267 program may not do either of the following:
1268 (a) Receive a commission, fee, or financial benefit in
1269 connection with the sale or exchange of real or personal
1270 property or historical objects to the direct-support
1271 organization, the center museum, or the designated program.; or
1272 (b) Be a business associate of any individual, firm, or
1273 organization involved in the sale or exchange of real or
1274 personal property to the direct-support organization, the center
1275 museum, or the designated program.
1276 (5) All moneys received by the direct-support organization
1277 shall be deposited into an account of the direct-support
1278 organization and must shall be used by the organization in a
1279 manner consistent with the goals of the center museum or
1280 designated program.
1281 (7) The Commissioner of Agriculture, or the commissioner’s
1282 designee, may serve on the board of trustees and the executive
1283 committee of any direct-support organization established to
1284 benefit the center museum or any designated program.
1285 Section 33. Section 570.692, Florida Statutes, is amended
1286 to read:
1287 570.692 Florida Agricultural Legacy Learning Center
1288 Museum.—The Florida Agricultural Legacy Learning Center Museum
1289 is designated as the legacy learning center for museum of
1290 agriculture and rural history of this the state of Florida and
1291 is hereby established within the department.
1292 Section 34. Section 581.189, Florida Statutes, is created
1293 to read:
1294 581.189 Dealing in, buying, transporting, and processing
1295 saw palmetto berries.—
1296 (1) As used in this section, the term:
1297 (a) “Harvest” or “harvesting” means to dig up, remove, or
1298 cut and remove saw palmetto berries from the place where they
1299 are grown.
1300 (b) “Harvester” means a person, firm, or corporation that
1301 takes, harvests, or attempts to take or harvest saw palmetto
1302 berries.
1303 (c) “Landowner” means:
1304 1. The public agency administering any public lands; or
1305 2. The person who holds legal title to the real property
1306 from which saw palmetto berries are harvested or the person
1307 having possession, control, or use of that land which has lawful
1308 authority to grant permission to harvest saw palmetto berries
1309 from the land.
1310 (d) “Person” means an individual, a partnership, a
1311 corporation, an association, or any other legal entity.
1312 (e) “Saw palmetto berries” means the fruit of the plant
1313 Serenoa repens, commonly known as the saw palmetto.
1314 (f) “Saw palmetto berry dealer” means a person that
1315 purchases or otherwise obtains saw palmetto berries from a
1316 seller for the purpose of selling the saw palmetto berries at
1317 retail or for the purpose of selling the saw palmetto berries to
1318 another saw palmetto berry dealer or for both such purposes.
1319 This term also includes a person who purchases saw palmetto
1320 berries directly from a landowner for the purpose of selling the
1321 saw palmetto berries at retail.
1322 (g) “Seller” means a person that exchanges or offers to
1323 exchange saw palmetto berries for money or for any other
1324 valuable consideration.
1325 (2) It is unlawful for any person to willfully destroy,
1326 harvest, or sell saw palmetto berries on the private land of
1327 another or on any public land without first obtaining written
1328 permission from the landowner or legal representative of the
1329 landowner and a permit from the department as provided in s.
1330 581.185. The landowner’s written permission must include all of
1331 the following information:
1332 (a) The name, address, and telephone number of the
1333 landowner.
1334 (b) The start date, end date, and location, including
1335 county, of the harvest.
1336 (c) The landowner’s actual or electronic signature.
1337 (3)(a) A saw palmetto berry dealer that purchases saw
1338 palmetto berries from a landowner or a person harvesting saw
1339 palmetto berries from another’s property shall:
1340 1. Maintain a bill of lading, a copy of the harvester’s
1341 entire permit, as provided in s. 581.185, a copy of the
1342 landowner’s written permission to harvest, and all of the
1343 following:
1344 a. The name, address, and telephone number of the seller.
1345 b. The date or dates of harvesting.
1346 c. The weight, quantity, or volume and a description of the
1347 type of saw palmetto berries harvested.
1348 d. A scan or photocopy of a valid government-issued photo
1349 identification card of such person.
1350 (b) A person required to maintain the information under
1351 paragraph (a) shall retain such records for at least 2 years
1352 from the date the harvest ends.
1353 (4)(a) When any law enforcement officer or any authorized
1354 employee of the department finds that any saw palmetto berries
1355 are being harvested, offered for sale, or exposed for sale in
1356 violation of this section, the law enforcement officer or
1357 authorized department employee may seize or order such saw
1358 palmetto berries be held at a designated location until the
1359 individual:
1360 1. Provides the officer or employee with the required
1361 permit and landowner’s written permission to harvest, within 7
1362 calendar days following the seizure; or
1363 2. Legally disposes of the saw palmetto berries in
1364 accordance with this section.
1365 (b) A law enforcement officer or authorized department
1366 employee shall release the saw palmetto berries when the
1367 requirements of this section are met.
1368 (5) Unlawfully harvested saw palmetto berries constitute
1369 contraband and are subject to seizure and disposal by the
1370 seizing law enforcement agency or the department.
1371 (a) Notwithstanding any other provision of law, a law
1372 enforcement agency that seizes saw palmetto berries harvested or
1373 possessed in violation of this section or unlawfully harvested
1374 in violation of s. 581.185, or in violation of any other state
1375 or federal law, may sell such saw palmetto berries and retain
1376 the proceeds of the sale for the enforcement of this section.
1377 Law enforcement agencies selling contraband saw palmetto berries
1378 are exempt from s. 581.185.
1379 (b) Law enforcement agencies that seize unlawfully
1380 harvested saw palmetto berries shall submit annually to the
1381 department, in the manner prescribed by department rule:
1382 1. The quantity and a description of the saw palmetto
1383 berries seized; and
1384 2. The location from which the saw palmetto berries were
1385 harvested, if known.
1386 (6)(a) A harvester that exchanges or offers to exchange saw
1387 palmetto berries with a saw palmetto dealer, seller, or
1388 processor for money or any other valuable consideration without
1389 first presenting to the saw palmetto berry dealer, seller,
1390 processor the person’s entire permit, as provided in s. 581.185,
1391 or the landowner’s written permission commits a misdemeanor of
1392 the first degree, punishable as provided in s. 775.082 or s.
1393 775.083.
1394 (b) A person required to maintain records as required in
1395 this section that fails to maintain such record for the time
1396 period specified in paragraph (3)(b) commits a misdemeanor of
1397 the first degree, punishable as provided in s. 775.082 or s.
1398 775.083.
1399 (c) A person that willfully destroys or harvests saw
1400 palmetto berries without first obtaining the landowner’s written
1401 permission to harvest as required by subsection (2) or a permit
1402 as required by s. 581.185 commits a felony of the third degree,
1403 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1404 (d) A saw palmetto berry dealer, buyer, processor,
1405 harvester, or seller that presents a false, forged, or altered
1406 document purporting to be a landowner’s written permission or
1407 the permit required by s. 581.185 commits a felony of the third
1408 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1409 775.084.
1410 (e) A saw palmetto berry dealer, transporter, or processor
1411 that exchanges, offers to exchange for money or any other
1412 valuable consideration, or possesses unlawfully harvested saw
1413 palmetto berries commits a felony of the third degree,
1414 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1415 (7)(a) A person convicted of a violation of this section is
1416 responsible for:
1417 1. All reasonable costs incurred by the responding law
1418 enforcement agencies and the department, including, but not
1419 limited to, investigative costs; and
1420 2. Restitution to the landowner in an amount equal to the
1421 fair market value of the saw palmetto berries unlawfully
1422 harvested.
1423 (b) For the purposes of this subsection, the term
1424 “convicted” means that there has been a determination of guilt
1425 as a result of trial or the entry of a plea of guilty or nolo
1426 contendere, regardless of whether adjudication is withheld.
1427 (8) This section does not affect any other person that
1428 legally harvests or handles saw palmetto berries from up to two
1429 plants for home or personal use.
1430 (9) The department shall adopt rules to administer this
1431 section.
1432 Section 35. Subsection (13) of section 585.01, Florida
1433 Statutes, is amended to read:
1434 585.01 Definitions.—In construing this part, where the
1435 context permits, the word, phrase, or term:
1436 (13) “Livestock” means grazing animals, such as cattle,
1437 horses, sheep, swine, goats, other hoofed animals, poultry,
1438 ostriches, emus, and rheas, which are raised for private use or
1439 commercial purposes.
1440 Section 36. Subsections (5) and (8) of section 790.0625,
1441 Florida Statutes, are amended, and subsections (9) and (10) are
1442 added to that section, to read:
1443 790.0625 Appointment of tax collectors to accept
1444 applications for a concealed weapon or firearm license; fees;
1445 penalties.—
1446 (5) A tax collector appointed under this section may
1447 collect and retain a convenience fee of $22 for each new
1448 application, and $12 for each renewal application, $12 for each
1449 replacement license, $9 for fingerprinting services associated
1450 with the completion of an application submitted online or by
1451 mail, and $9 for photographing services associated with the
1452 completion of an application submitted online or by mail, and
1453 shall remit weekly to the department the license fees pursuant
1454 to s. 790.06 for deposit in the Division of Licensing Trust
1455 Fund.
1456 (8) Upon receipt of a completed renewal application, a new
1457 color photograph, and appropriate payment of required fees, a
1458 tax collector authorized to accept renewal applications for
1459 concealed weapon or firearm licenses under this section may,
1460 upon approval and confirmation of license issuance by the
1461 department, print and deliver a concealed weapon or firearm
1462 license to a licensee renewing his or her license at the tax
1463 collector’s office.
1464 (9) Upon receipt of a statement under oath to the
1465 department and payment of required fees, a tax collector
1466 authorized to accept an application for a concealed weapon or
1467 firearm license under this section may, upon approval and
1468 confirmation from the department that a license is in good
1469 standing, print and deliver a concealed weapon or firearm
1470 license to a licensee whose license has been lost or destroyed.
1471 (10) Tax collectors authorized to accept an application for
1472 a concealed weapon or firearm license under this section may
1473 provide fingerprinting and photographing services to aid
1474 concealed weapon and firearm applicants and licensees with
1475 initial and renewal applications submitted online or by mail.
1476 Section 37. Paragraph (a) of subsection (5) of section
1477 810.011, Florida Statutes, is amended to read:
1478 810.011 Definitions.—As used in this chapter:
1479 (5)(a) “Posted land” is land upon which any of the
1480 following are placed:
1481 1. Signs placed not more than 500 feet apart along and at
1482 each corner of the boundaries of the land or, for land owned by
1483 a water control district that exists pursuant to chapter 298 or
1484 was created by special act of the Legislature, signs placed at
1485 or near the intersection of any district canal right-of-way and
1486 a road right-of-way or, for land classified as agricultural
1487 pursuant to s. 193.461, signs placed at each point of ingress
1488 and at each corner of the boundaries of the agricultural land,
1489 which prominently display in letters of not less than 2 inches
1490 in height the words “no trespassing” and the name of the owner,
1491 lessee, or occupant of the land. The signs must be placed along
1492 the boundary line of posted land in a manner and in such
1493 position as to be clearly noticeable from outside the boundary
1494 line; or
1495 2.a. A conspicuous no trespassing notice is painted on
1496 trees or posts on the property, provided that the notice is:
1497 (I) Painted in an international orange color and displaying
1498 the stenciled words “No Trespassing” in letters no less than 2
1499 inches high and 1 inch wide either vertically or horizontally;
1500 (II) Placed so that the bottom of the painted notice is not
1501 less than 3 feet from the ground or more than 5 feet from the
1502 ground; and
1503 (III) Placed at locations that are readily visible to any
1504 person approaching the property and no more than 500 feet apart
1505 on agricultural land.
1506 b. When a landowner uses the painted no trespassing posting
1507 to identify a no trespassing area, those painted notices must be
1508 accompanied by signs complying with subparagraph 1. and must be
1509 placed conspicuously at all places where entry to the property
1510 is normally expected or known to occur.
1511 Section 38. Subsection (2) of section 810.09, Florida
1512 Statutes, is amended to read:
1513 810.09 Trespass on property other than structure or
1514 conveyance.—
1515 (2)(a) Except as provided in this subsection, trespass on
1516 property other than a structure or conveyance is a misdemeanor
1517 of the first degree, punishable as provided in s. 775.082 or s.
1518 775.083.
1519 (a)(b) If the offender defies an order to leave, personally
1520 communicated to the offender by the owner of the premises or by
1521 an authorized person, or if the offender willfully opens any
1522 door, fence, or gate or does any act that exposes animals,
1523 crops, or other property to waste, destruction, or freedom;
1524 unlawfully dumps litter on property; or trespasses on property
1525 other than a structure or conveyance, the offender commits a
1526 misdemeanor of the first degree, punishable as provided in s.
1527 775.082 or s. 775.083.
1528 (b)(c) If the offender is armed with a firearm or other
1529 dangerous weapon during the commission of the offense of
1530 trespass on property other than a structure or conveyance, he or
1531 she commits is guilty of a felony of the third degree,
1532 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1533 Any owner or person authorized by the owner may, for prosecution
1534 purposes, take into custody and detain, in a reasonable manner,
1535 for a reasonable length of time, any person when he or she
1536 reasonably believes that a violation of this paragraph has been
1537 or is being committed, and that the person to be taken into
1538 custody and detained has committed or is committing the
1539 violation. If a person is taken into custody, a law enforcement
1540 officer must shall be called as soon as is practicable after the
1541 person has been taken into custody. The taking into custody and
1542 detention in compliance with the requirements of this paragraph
1543 does not result in criminal or civil liability for false arrest,
1544 false imprisonment, or unlawful detention.
1545 (c)(d) The offender commits a felony of the third degree,
1546 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
1547 if the property trespassed is a construction site that is:
1548 1. Greater than 1 acre in area and is legally posted and
1549 identified in substantially the following manner: “THIS AREA IS
1550 A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON
1551 THIS PROPERTY COMMITS A FELONY.”; or
1552 2. One acre or less in area and is identified as such with
1553 a sign that appears prominently, in letters of not less than 2
1554 inches in height, and reads in substantially the following
1555 manner: “THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE
1556 WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.” The sign must
1557 shall be placed at the location on the property where the
1558 permits for construction are located. For construction sites of
1559 1 acre or less as provided in this subparagraph, it may shall
1560 not be necessary to give notice by posting as defined in s.
1561 810.011(5).
1562 (d)(e) The offender commits a felony of the third degree,
1563 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
1564 if the property trespassed upon is commercial horticulture
1565 property and the property is legally posted and identified in
1566 substantially the following manner: “THIS AREA IS DESIGNATED
1567 COMMERCIAL PROPERTY FOR HORTICULTURE PRODUCTS, AND ANYONE WHO
1568 TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
1569 (e)(f) The offender commits a felony of the third degree,
1570 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
1571 if the property trespassed upon is an agricultural site for
1572 testing or research purposes that is legally posted and
1573 identified in substantially the following manner: “THIS AREA IS
1574 A DESIGNATED AGRICULTURAL SITE FOR TESTING OR RESEARCH PURPOSES,
1575 AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
1576 (f)(g) The offender commits a felony of the third degree,
1577 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
1578 if the property trespassed upon is a domestic violence center
1579 certified under s. 39.905 which is legally posted and identified
1580 in substantially the following manner: “THIS AREA IS A
1581 DESIGNATED RESTRICTED SITE, AND ANYONE WHO TRESPASSES ON THIS
1582 PROPERTY COMMITS A FELONY.”
1583 (g)(h) Any person who in taking or attempting to take any
1584 animal described in s. 379.101(19) or (20), or in killing,
1585 attempting to kill, or endangering any animal described in s.
1586 585.01(13) knowingly propels or causes to be propelled any
1587 potentially lethal projectile over or across private land
1588 without authorization commits trespass, a felony of the third
1589 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1590 775.084. For purposes of this paragraph, the term “potentially
1591 lethal projectile” includes any projectile launched from any
1592 firearm, bow, crossbow, or similar tensile device. This section
1593 does not apply to any governmental agent or employee acting
1594 within the scope of his or her official duties.
1595 (h)(i) The offender commits a felony of the third degree,
1596 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
1597 if the property trespassed upon is an agricultural chemicals
1598 manufacturing facility that is legally posted and identified in
1599 substantially the following manner: “THIS AREA IS A DESIGNATED
1600 AGRICULTURAL CHEMICALS MANUFACTURING FACILITY, AND ANYONE WHO
1601 TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
1602 (i)1.(j)1. The offender commits a felony of the third
1603 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1604 775.084, if the offender trespasses with the intent to injure
1605 another person, damage property, or impede the operation or use
1606 of an aircraft, runway, taxiway, ramp, or apron area, and the
1607 property trespassed upon is the operational area of an airport
1608 that is legally posted and identified in substantially the
1609 following manner: “THIS AREA IS A DESIGNATED OPERATIONAL AREA OF
1610 AN AIRPORT, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A
1611 FELONY.”
1612 2. For purposes of this paragraph, the term “operational
1613 area of an airport” means any portion of an airport to which
1614 access by the public is prohibited by fences or appropriate
1615 signs and includes runways, taxiways, ramps, apron areas,
1616 aircraft parking and storage areas, fuel storage areas,
1617 maintenance areas, and any other area of an airport used or
1618 intended to be used for landing, takeoff, or surface maneuvering
1619 of aircraft.
1620 (j) The offender commits a felony of the third degree,
1621 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
1622 if the offender trespasses with the intent to commit a crime on
1623 commercial agricultural property that is legally posted and
1624 identified by signs in letters of at least 2 inches at each
1625 pedestrian and vehicle entrance in substantially the following
1626 manner: “THIS AREA IS A DESIGNATED COMMERCIAL AGRICULTURAL
1627 PROPERTY, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A
1628 FELONY.”
1629 1. A first-time offender who is under 18 years of age at
1630 the time he or she commits the crime specified in this paragraph
1631 must be given the option of participating in a diversion program
1632 described in s. 958.12, s. 985.125, s. 985.155, or s. 985.16 or
1633 a program to which a referral is made by a state attorney under
1634 s. 985.15.
1635 2. For the purpose of this paragraph, the term “commercial
1636 agricultural property” means property cleared of its natural
1637 vegetation or fenced for the purposes of planting, growing,
1638 harvesting, processing, raising, producing, or storing plant or
1639 animal commercial commodities.
1640 Section 39. Subsection (5) is added to section 1003.24,
1641 Florida Statutes, to read:
1642 1003.24 Parents responsible for attendance of children;
1643 attendance policy.—Each parent of a child within the compulsory
1644 attendance age is responsible for the child’s school attendance
1645 as required by law. The absence of a student from school is
1646 prima facie evidence of a violation of this section; however,
1647 criminal prosecution under this chapter may not be brought
1648 against a parent until the provisions of s. 1003.26 have been
1649 complied with. A parent of a student is not responsible for the
1650 student’s nonattendance at school under any of the following
1651 conditions:
1652 (5) AGRICULTURAL SCHOOL ACTIVITIES.—
1653 (a) A student who participates in an activity or program
1654 sponsored by 4-H or Future Farmers of America (FFA) must be
1655 credited with an excused absence by the school in which he or
1656 she is enrolled in the same manner as any other excused absence
1657 is credited. Any such participation in an activity or program
1658 sponsored by 4-H or FFA may not be counted as an unexcused
1659 absence, for any day, portion of a day, or days missed from
1660 school.
1661 (b) Upon request from a school principal or the principal’s
1662 designee, a 4-H or FFA representative shall provide
1663 documentation as proof of a student’s participation in an
1664 activity or program sponsored by 4-H or FFA.
1665 (c) As used in this subsection, the term “4-H
1666 representative” means an individual officially recognized or
1667 designated by the Florida Cooperative Extension Service 4-H
1668 Program as a 4-H professional or a 4-H adult volunteer.
1669
1670 Each district school board shall establish an attendance policy
1671 that includes, but is not limited to, the required number of
1672 days each school year that a student must be in attendance and
1673 the number of absences and tardinesses after which a statement
1674 explaining such absences and tardinesses must be on file at the
1675 school. Each school in the district must determine if an absence
1676 or tardiness is excused or unexcused according to criteria
1677 established by the district school board.
1678 Section 40. Paragraph (b) of subsection (2) of section
1679 379.3004, Florida Statutes, is amended to read:
1680 379.3004 Voluntary Authorized Hunter Identification
1681 Program.—
1682 (2) Any person hunting on private land enrolled in the
1683 Voluntary Authorized Hunter Identification Program shall have
1684 readily available on the land at all times when hunting on the
1685 property written authorization from the owner or his or her
1686 authorized representative to be on the land for the purpose of
1687 hunting. The written authorization shall be presented on demand
1688 to any law enforcement officer, the owner, or the authorized
1689 agent of the owner.
1690 (b) Failure by any person hunting on private land enrolled
1691 in the program to present written authorization to hunt on that
1692 said land to any law enforcement officer or the owner or
1693 representative thereof within 7 days after of demand shall be
1694 prima facie evidence of violation of s. 810.09(2)(b) s.
1695 810.09(2)(c), punishable as provided in s. 775.082, s. 775.083,
1696 or s. 775.084. However, such evidence may be contradicted or
1697 rebutted by other evidence.
1698 Section 41. Paragraph (c) of subsection (2) of section
1699 812.014, Florida Statutes, is amended to read:
1700 812.014 Theft.—
1701 (2)
1702 (c) It is grand theft of the third degree and a felony of
1703 the third degree, punishable as provided in s. 775.082, s.
1704 775.083, or s. 775.084, if the property stolen is:
1705 1. Valued at $750 or more, but less than $5,000.
1706 2. Valued at $5,000 or more, but less than $10,000.
1707 3. Valued at $10,000 or more, but less than $20,000.
1708 4. A will, codicil, or other testamentary instrument.
1709 5. A firearm, except as provided in paragraph (f).
1710 6. A motor vehicle, except as provided in paragraph (a).
1711 7. Any commercially farmed animal, including any animal of
1712 the equine, avian, bovine, or swine class or other grazing
1713 animal; a bee colony of a registered beekeeper; and aquaculture
1714 species raised at a certified aquaculture facility. If the
1715 property stolen is a commercially farmed animal, including an
1716 animal of the equine, avian, bovine, or swine class or other
1717 grazing animal; a bee colony of a registered beekeeper; or an
1718 aquaculture species raised at a certified aquaculture facility,
1719 a $10,000 fine shall be imposed.
1720 8. Any fire extinguisher that, at the time of the taking,
1721 was installed in any building for the purpose of fire prevention
1722 and control. This subparagraph does not apply to a fire
1723 extinguisher taken from the inventory at a point-of-sale
1724 business.
1725 9. Any amount of citrus fruit consisting of 2,000 or more
1726 individual pieces of fruit.
1727 10. Taken from a designated construction site identified by
1728 the posting of a sign as provided for in s. 810.09(2)(c) s.
1729 810.09(2)(d).
1730 11. Any stop sign.
1731 12. Anhydrous ammonia.
1732 13. Any amount of a controlled substance as defined in s.
1733 893.02. Notwithstanding any other law, separate judgments and
1734 sentences for theft of a controlled substance under this
1735 subparagraph and for any applicable possession of controlled
1736 substance offense under s. 893.13 or trafficking in controlled
1737 substance offense under s. 893.135 may be imposed when all such
1738 offenses involve the same amount or amounts of a controlled
1739 substance.
1740
1741 However, if the property is stolen during a riot or an
1742 aggravated riot prohibited under s. 870.01 and the perpetration
1743 of the theft is facilitated by conditions arising from the riot;
1744 or within a county that is subject to a state of emergency
1745 declared by the Governor under chapter 252, the property is
1746 stolen after the declaration of emergency is made, and the
1747 perpetration of the theft is facilitated by conditions arising
1748 from the emergency, the offender commits a felony of the second
1749 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1750 775.084, if the property is valued at $5,000 or more, but less
1751 than $10,000, as provided under subparagraph 2., or if the
1752 property is valued at $10,000 or more, but less than $20,000, as
1753 provided under subparagraph 3. As used in this paragraph, the
1754 terms “conditions arising from a riot” and “conditions arising
1755 from the emergency” have the same meanings as provided in
1756 paragraph (b). A person arrested for committing a theft during a
1757 riot or an aggravated riot or within a county that is subject to
1758 a state of emergency may not be released until the person
1759 appears before a committing magistrate at a first appearance
1760 hearing. For purposes of sentencing under chapter 921, a felony
1761 offense that is reclassified under this paragraph is ranked one
1762 level above the ranking under s. 921.0022 or s. 921.0023 of the
1763 offense committed.
1764 Section 42. Paragraphs (b) and (c) of subsection (3) of
1765 section 921.0022, Florida Statutes, are amended to read:
1766 921.0022 Criminal Punishment Code; offense severity ranking
1767 chart.—
1768 (3) OFFENSE SEVERITY RANKING CHART
1769 (b) LEVEL 2
1770
1771 FloridaStatute FelonyDegree Description
1772 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
1773 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
1774 403.413(6)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
1775 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
1776 590.28(1) 3rd Intentional burning of lands.
1777 784.03(3) 3rd Battery during a riot or an aggravated riot.
1778 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
1779 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
1780 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
1781 806.13(3) 3rd Criminal mischief; damage of $200 or more to a memorial or historic property.
1782 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
1783 810.09(2)(d) 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
1784 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000.
1785 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling.
1786 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
1787 817.234(1)(a)2. 3rd False statement in support of insurance claim.
1788 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
1789 817.52(3) 3rd Failure to redeliver hired vehicle.
1790 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
1791 817.60(5) 3rd Dealing in credit cards of another.
1792 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
1793 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
1794 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
1795 831.01 3rd Forgery.
1796 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
1797 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
1798 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
1799 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
1800 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
1801 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
1802 843.01(2) 3rd Resist police canine or police horse with violence; under certain circumstances.
1803 843.08 3rd False personation.
1804 843.19(3) 3rd Touch or strike police, fire, SAR canine or police horse.
1805 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
1806 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
1807
1808 (c) LEVEL 3
1809
1810 FloridaStatute FelonyDegree Description
1811 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
1812 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
1813 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
1814 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
1815 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
1816 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
1817 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
1818 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
1819 327.35(2)(b) 3rd Felony BUI.
1820 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
1821 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
1822 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
1823 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
1824 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
1825 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
1826 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
1827 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
1828 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
1829 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
1830 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
1831 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
1832 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
1833 697.08 3rd Equity skimming.
1834 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
1835 794.053 3rd Lewd or lascivious written solicitation of a person 16 or 17 years of age by a person 24 years of age or older.
1836 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
1837 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
1838 810.09(2)(b) 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
1839 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
1840 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
1841 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
1842 812.081(2) 3rd Theft of a trade secret.
1843 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
1844 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
1845 817.233 3rd Burning to defraud insurer.
1846 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
1847 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
1848 817.236 3rd Filing a false motor vehicle insurance application.
1849 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
1850 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
1851 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
1852 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
1853 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
1854 836.13(2) 3rd Person who promotes an altered sexual depiction of an identifiable person without consent.
1855 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
1856 860.15(3) 3rd Overcharging for repairs and parts.
1857 870.01(2) 3rd Riot.
1858 870.01(4) 3rd Inciting a riot.
1859 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
1860 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
1861 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
1862 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
1863 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
1864 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
1865 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
1866 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
1867 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
1868 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
1869 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
1870 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
1871 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
1872 918.13(1) 3rd Tampering with or fabricating physical evidence.
1873 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
1874 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
1875 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
1876
1877 Section 43. For the purpose of incorporating the amendment
1878 made by this act to section 493.6113, Florida Statutes, in a
1879 reference thereto, subsection (6) of section 493.6115, Florida
1880 Statutes, is reenacted to read:
1881 493.6115 Weapons and firearms.—
1882 (6) In addition to any other firearm approved by the
1883 department, a licensee who has been issued a Class “G” license
1884 may carry a .38 caliber revolver; or a .380 caliber or 9
1885 millimeter semiautomatic pistol; or a .357 caliber revolver with
1886 .38 caliber ammunition only; or a .40 caliber handgun; or a .45
1887 ACP handgun while performing duties authorized under this
1888 chapter. A licensee may not carry more than two firearms upon
1889 her or his person when performing her or his duties. A licensee
1890 may only carry a firearm of the specific type and caliber with
1891 which she or he is qualified pursuant to the firearms training
1892 referenced in subsection (8) or s. 493.6113(3)(b).
1893 Section 44. For the purpose of incorporating the amendment
1894 made by this act to section 496.405, Florida Statutes, in
1895 references thereto, subsection (2) of section 496.4055, Florida
1896 Statutes, is reenacted to read:
1897 496.4055 Charitable organization or sponsor board duties.—
1898 (2) The board of directors, or an authorized committee
1899 thereof, of a charitable organization or sponsor required to
1900 register with the department under s. 496.405 shall adopt a
1901 policy regarding conflict of interest transactions. The policy
1902 shall require annual certification of compliance with the policy
1903 by all directors, officers, and trustees of the charitable
1904 organization. A copy of the annual certification shall be
1905 submitted to the department with the annual registration
1906 statement required by s. 496.405.
1907 Section 45. For the purpose of incorporating the amendment
1908 made by this act to section 559.905, Florida Statutes, in a
1909 reference thereto, paragraph (b) of subsection (1) of section
1910 559.907, Florida Statutes, is reenacted to read:
1911 559.907 Charges for motor vehicle repair estimate;
1912 requirement of waiver of rights prohibited.—
1913 (1) No motor vehicle repair shop shall charge for making a
1914 repair price estimate unless, prior to making the price
1915 estimate, the shop:
1916 (b) Obtains authorization on the written repair estimate,
1917 in accordance with s. 559.905, to prepare an estimate. No motor
1918 vehicle repair shop shall impose or threaten to impose any such
1919 charge which is clearly excessive in relation to the work
1920 involved in making the price estimate.
1921 Section 46. For the purpose of incorporating the amendment
1922 made by this act to section 585.01, Florida Statutes, in a
1923 reference thereto, subsection (6) of section 468.382, Florida
1924 Statutes, is reenacted to read:
1925 468.382 Definitions.—As used in this act, the term:
1926 (6) “Livestock” means any animal included in the definition
1927 of “livestock” by s. 585.01 or s. 588.13.
1928 Section 47. For the purpose of incorporating the amendment
1929 made by this act to section 585.01, Florida Statutes, in a
1930 reference thereto, subsection (3) of section 534.47, Florida
1931 Statutes, is reenacted to read:
1932 534.47 Definitions.—As used in ss. 534.48-534.54, the term:
1933 (3) “Livestock” has the same meaning as in s. 585.01(13).
1934 Section 48. For the purpose of incorporating the amendment
1935 made by this act to section 585.01, Florida Statutes, in a
1936 reference thereto, section 767.01, Florida Statutes, is
1937 reenacted to read:
1938 767.01 Dog owner’s liability for damages to persons,
1939 domestic animals, or livestock.—Owners of dogs shall be liable
1940 for any damage done by their dogs to a person or to any animal
1941 included in the definitions of “domestic animal” and “livestock”
1942 as provided by s. 585.01.
1943 Section 49. For the purpose of incorporating the amendment
1944 made by this act to section 585.01, Florida Statutes, in a
1945 reference thereto, section 767.03, Florida Statutes, is
1946 reenacted to read:
1947 767.03 Good defense for killing dog.—In any action for
1948 damages or of a criminal prosecution against any person for
1949 killing or injuring a dog, satisfactory proof that said dog had
1950 been or was killing any animal included in the definitions of
1951 “domestic animal” and “livestock” as provided by s. 585.01 shall
1952 constitute a good defense to either of such actions.
1953 Section 50. Except as otherwise expressly provided in this
1954 act and except for this section, which shall take effect upon
1955 this act becoming a law, this act shall take effect July 1,
1956 2024.