CS for CS for SB 1084 First Engrossed
20241084e1
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 deleting certain fees; amending s. 496.406, F.S.;
75 revising the circumstances under which charitable
76 organizations or sponsors are exempt from specified
77 provisions; revising the information that charitable
78 organizations and sponsors must provide to the
79 department when claiming certain exemptions; amending
80 s. 496.407, F.S.; revising the information charitable
81 organizations or sponsors are required to provide to
82 the department when initially registering or annually
83 renewing a registration; revising circumstances under
84 which the department may extend the time for filing a
85 required financial statement; amending ss. 496.409,
86 496.410, 496.4101, 496.411, 496.4121, and 496.425,
87 F.S.; revising the information that professional
88 fundraising consultants must include in applications
89 for registration or renewals of registration, that
90 professional solicitors must include in applications
91 for registration, renewals of registration, and
92 solicitation notices provided to the department and
93 that professional solicitors are required to maintain
94 in their records, that must be included in certain
95 solicitor license applications, that disclosures of
96 charitable organizations or sponsors soliciting in
97 this state must include, that must be displayed on
98 certain collection receptacles, and that a person
99 desiring to solicit funds within a facility must
100 provide in an application to the department and must
101 display prominently on his or her badge or insignia,
102 respectively, to include street addresses; reenacting
103 and amending s. 500.03, F.S.; defining the term
104 “cultivated meat”; creating s. 500.452, F.S.;
105 prohibiting the manufacture for sale, sale, holding or
106 offering for sale, or distribution of cultivated meat
107 in this state; providing criminal penalties; providing
108 for disciplinary action and additional licensing
109 penalties; providing that such products are subject to
110 certain actions and orders; authorizing the department
111 to adopt rules; amending s. 507.07, F.S.; prohibiting
112 a mover from placing a shipper’s goods in a self
113 service storage unit or self-contained unit not owned
114 by the mover unless certain conditions are met;
115 repealing s. 531.67, F.S., relating to the scheduled
116 expiration of certain provisions related to weights,
117 measurements, and standards; amending s. 559.904,
118 F.S.; revising the information that must be provided
119 to the department on a motor vehicle repair shop
120 registration application; providing that the
121 registration fee must be calculated for each location;
122 amending s. 559.905, F.S.; revising the cost of repair
123 work which requires a motor vehicle repair shop to
124 provide a customer with a written repair estimate;
125 amending s. 570.07, F.S.; revising the amount up to
126 which the department is authorized to use to repair or
127 build structures; amending s. 570.69, F.S.; defining
128 the term “center”; deleting the definition of the term
129 “museum”; amending s. 570.691, F.S.; conforming
130 provisions to changes made by the act; amending s.
131 570.692, F.S.; renaming the Florida Agricultural
132 Museum as the Florida Agricultural Legacy Learning
133 Center; creating s. 581.189, F.S.; defining terms;
134 prohibiting the willful destruction, harvest, or sale
135 of saw palmetto berries without first obtaining
136 written permission from the landowner or legal
137 representative and a permit from the department;
138 specifying the information that the landowner’s
139 written permission must include; requiring an
140 authorized saw palmetto berry dealer to maintain
141 certain information for a specified timeframe;
142 authorizing law enforcement officers or authorized
143 employees of the department to seize or order to be
144 held for a specified timeframe saw palmetto berries
145 harvested, sold, or exposed for sale in violation of
146 specified provisions; declaring that unlawfully
147 harvested saw palmetto berries constitute contraband
148 and are subject to seizure and disposal; authorizing
149 law enforcement agencies that seize such saw palmetto
150 berries to sell the berries and retain the proceeds to
151 implement certain provisions; providing that such law
152 enforcement agencies are exempt from certain
153 provisions; requiring the law enforcement agencies to
154 submit certain information annually to the department;
155 providing criminal penalties; providing that
156 individuals convicted of such violations are
157 responsible for specified costs; defining the term
158 “convicted”; providing construction; requiring the
159 department to adopt rules; amending s. 585.01, F.S.;
160 revising the definition of the term “livestock” to
161 include poultry; amending s. 790.0625, F.S.;
162 authorizing certain tax collectors to collect and
163 retain certain convenience fees for certain concealed
164 weapon or firearm license applications; authorizing
165 such tax collectors to print and deliver replacement
166 licenses to licensees under certain circumstances;
167 authorizing such tax collectors to provide
168 fingerprinting and photography services; amending s.
169 810.011, F.S.; revising the definition of the term
170 “posted land” to include land classified as
171 agricultural which has specified signs placed at
172 specified points; amending s. 810.09, F.S.; providing
173 criminal penalties for trespassing with the intent to
174 commit a crime on commercial agricultural property
175 under certain circumstances; defining the term
176 “commercial agricultural property”; amending s.
177 1003.24, F.S.; providing that a student’s
178 participation in a 4-H or Future Farmers of America
179 activity is an excused absence from school; defining
180 the term “4-H representative”; amending ss. 379.3004,
181 812.014, and 921.0022, F.S.; conforming cross
182 references; reenacting s. 493.6115(6), F.S., relating
183 to weapons and firearms, to incorporate the amendment
184 made to s. 493.6113, F.S., in a reference thereto;
185 reenacting s. 496.4055(2), F.S., relating to
186 charitable organization or sponsor board duties, to
187 incorporate the amendment made to s. 496.405, F.S., in
188 references thereto; reenacting s. 559.907(1)(b), F.S.,
189 relating to the charges for motor vehicle repair
190 estimates, to incorporate the amendment made to s.
191 559.905, F.S., in a reference thereto; reenacting ss.
192 468.382(6), 534.47(3), 767.01, and 767.03, F.S.,
193 relating to the definition of the term “livestock” for
194 auctions, livestock markets, dog owner’s liability for
195 damages to livestock, and defenses for killing dogs,
196 respectively, to incorporate the amendment made to s.
197 585.01, F.S., in references thereto; providing
198 effective dates.
199
200 Be It Enacted by the Legislature of the State of Florida:
201
202 Section 1. Subsection (2) of section 366.94, Florida
203 Statutes, is amended to read:
204 366.94 Electric vehicle charging stations.—
205 (2) The regulation of electric vehicle charging stations is
206 preempted to the state.
207 (a) A local governmental entity may not enact or enforce an
208 ordinance or regulation related to electric vehicle charging
209 stations.
210 (b) The Department of Agriculture and Consumer Services
211 shall adopt rules to provide definitions, methods of sale,
212 labeling requirements, and price-posting requirements for
213 electric vehicle charging stations to allow for consistency for
214 consumers and the industry.
215 Section 2. Subsections (3), (4), and (10) of section
216 482.111, Florida Statutes, are amended to read:
217 482.111 Pest control operator’s certificate.—
218 (3) A certificate expires 1 year after the date of
219 issuance. Annually, on or before the 1-year an anniversary of
220 the date of issuance set by the department, an individual so
221 issued a pest control operator’s certificate must apply to the
222 department on a form prescribed by the department to renew the
223 for renewal of such certificate. After a grace period not
224 exceeding 30 calendar days following such expiration renewal
225 date, the department shall assess a late renewal charge of $50
226 shall be assessed and the certificateholder must pay the late
227 renewal charge be paid in addition to the renewal fee.
228 (4) If a certificateholder fails to renew his or her
229 certificate and provide proof of completion of the required
230 continuing education units under subsection (10) within 60 days
231 after the certificate’s expiration date, the certificateholder
232 may be recertified only after reexamination Unless timely
233 renewed, a certificate automatically expires 180 calendar days
234 after the anniversary renewal date. Subsequent to such
235 expiration, a certificate may be issued only upon successful
236 reexamination and upon payment of the examination and issuance
237 fees due.
238 (10) In order to renew Prior to the expiration date of a
239 certificate, the certificateholder must complete 2 hours of
240 approved continuing education on legislation, safety, pesticide
241 labeling, and integrated pest management and 2 hours of approved
242 continuing education in each category of her or his certificate
243 or must pass an examination given by the department. The
244 department may not renew a certificate if the continuing
245 education or examination requirement is not met.
246 (a) Courses or programs, to be considered for credit, must
247 include one or more of the following topics:
248 1. The law and rules of this state pertaining to pest
249 control.
250 2. Precautions necessary to safeguard life, health, and
251 property in the conducting of pest control and the application
252 of pesticides.
253 3. Pests, their habits, recognition of the damage they
254 cause, and identification of them by accepted common name.
255 4. Current accepted industry practices in the conducting of
256 fumigation, termites and other wood-destroying organisms pest
257 control, lawn and ornamental pest control, and household pest
258 control.
259 5. How to read labels, a review of current state and
260 federal laws on labeling, and a review of changes in or
261 additions to labels used in pest control.
262 6. Integrated pest management.
263 (b) The certificateholder must submit with her or his
264 application for renewal a statement certifying that she or he
265 has completed the required number of hours of continuing
266 education. The statement must be on a form prescribed by the
267 department and must identify at least the date, location,
268 provider, and subject of the training and must provide such
269 other information as required by the department.
270 (c) The department shall charge the same fee for
271 examination as provided in s. 482.141(2).
272 Section 3. Subsections (6), (7), and (8) of section
273 482.151, Florida Statutes, are amended to read:
274 482.151 Special identification card for performance of
275 fumigation.—
276 (6) A special identification card expires 1 year after the
277 date of issuance. A cardholder must apply An application to the
278 department to renew his or her for renewal of a special
279 identification card must be made on or before the 1-year an
280 anniversary of the date of issuance set by the department. The
281 department shall set the fee for renewal of a special
282 identification card shall be set by the department but the fee
283 may not be more than $100 or less than $50; however, until a
284 rule setting this fee is adopted by the department, the renewal
285 fee is shall be $50. After a grace period not exceeding 30
286 calendar days following such expiration renewal date, the
287 department shall assess a late renewal charge of $25, which the
288 cardholder must pay be paid in addition to the renewal fee.
289 (7) If a cardholder fails to renew his or her card and
290 provide proof of completion of the continuing education units
291 required by subsection (8) within 60 days after the expiration
292 date, the cardholder may be reissued a special identification
293 card only after reexamination Unless timely renewed, a special
294 identification card automatically expires 180 calendar days
295 after the anniversary renewal date. Subsequent to such
296 expiration, a special identification card may be issued only
297 upon successful reexamination and upon payment of examination
298 and issuance fees due, as provided in this section.
299 (8) In order to renew Prior to the expiration date of a
300 special identification card, the cardholder must do at least one
301 of the following:
302 (a) Complete 2 hours of approved continuing education on
303 legislation, safety, and pesticide labeling and 2 hours of
304 approved continuing education in the fumigation category.; or
305 (b) Pass an examination in fumigation given by the
306 department.
307 Section 4. Paragraph (b) of subsection (1) of section
308 482.155, Florida Statutes, is amended to read:
309 482.155 Limited certification for governmental pesticide
310 applicators or private applicators.—
311 (1)
312 (b) A person seeking limited certification under this
313 subsection must pass an examination given or approved by the
314 department. Each application for examination must be accompanied
315 by an examination fee set by the department, in an amount of not
316 more than $150 or less than $50; and a recertification fee of
317 $25 every 4 years. Until rules setting these fees are adopted by
318 the department, the examination fee is $50. Application for
319 recertification must be accompanied by proof of having completed
320 4 classroom hours of acceptable continuing education. The
321 limited certificate expires 4 years after the date of issuance.
322 If the certificateholder fails to renew his or her certificate
323 and provide proof of completion of the required continuing
324 education units within 60 days after the expiration date, the
325 certificateholder may be recertified only after reexamination.
326 The department shall provide the appropriate reference material
327 and make the examination readily accessible and available to all
328 applicants at least quarterly or as necessary in each county.
329 Section 5. Subsections (1), (2), and (3), of section
330 482.156, Florida Statutes, are amended to read:
331 482.156 Limited certification for commercial landscape
332 maintenance personnel.—
333 (1) The department shall establish a limited certification
334 category for individual commercial landscape maintenance
335 personnel to authorize them to apply herbicides for controlling
336 weeds in plant beds, driveways, sidewalks, and patios and to
337 perform integrated pest management on ornamental plants using
338 pesticides that do not have a insecticides and fungicides having
339 the signal word or that have the signal word “caution” but do
340 not have having the signal word “warning” or “danger” on the
341 label. The application equipment that may be used by a person
342 certified pursuant to this section is limited to portable,
343 handheld application equipment and 3-gallon compressed air
344 sprayers or backpack sprayers but having no more than a 5-gallon
345 capacity and does not include any type of power equipment.
346 (2)(a) A person seeking limited certification under this
347 section must pass an examination given by the department. Each
348 application for examination must be accompanied by an
349 examination fee set by rule of the department, in an amount of
350 not more than $150 or less than $50. Before the department
351 issues Prior to the department’s issuing a limited certification
352 under this section, each person applying for the certification
353 must furnish proof of having a certificate of insurance which
354 states that the employer meets the requirements for minimum
355 financial responsibility for bodily injury and property damage
356 required by s. 482.071(4).
357 (b) To be eligible to take the examination, an applicant
358 must have completed 6 classroom hours of plant bed and
359 ornamental continuing education training approved by the
360 department and provide sufficient proof, according to criteria
361 established by department rule. The department shall provide the
362 appropriate reference materials for the examination and make the
363 examination readily accessible and available to applicants at
364 least quarterly or as necessary in each county.
365 (3) A certificate expires 1 year after the date of
366 issuance. A certificateholder must apply to the department to
367 renew his or her certificate on or before the 1-year anniversary
368 of the date of issuance. The An application for recertification
369 under this section must be made annually and be accompanied by a
370 recertification fee set by rule of the department, in an amount
371 of not more than $75 or less than $25. The application must also
372 be accompanied by proof of having completed 4 classroom hours of
373 acceptable continuing education and the same proof of having a
374 certificate of insurance as is required for issuance of this
375 certification. After a grace period not exceeding 30 calendar
376 days following such expiration date the annual date that
377 recertification is due, a late renewal charge of $50 shall be
378 assessed and must be paid in addition to the renewal fee. If a
379 certificateholder fails to renew his or her certificate and
380 provide proof of completing the required continuing education
381 units within 60 days after the expiration date, the
382 certificateholder may be recertified only after reexamination
383 Unless timely recertified, a certificate automatically expires
384 180 calendar days after the anniversary recertification date.
385 Subsequent to such expiration, a certificate may be issued only
386 upon successful reexamination and upon payment of the
387 examination fees due.
388 Section 6. Subsection (3) of section 482.157, Florida
389 Statutes, is amended to read:
390 482.157 Limited certification for commercial wildlife
391 management personnel.—
392 (3) A certificate expires 1 year after the date of
393 issuance. A certificateholder must apply to the department to
394 renew his or her certificate on or before the 1-year anniversary
395 of the date of issuance. The An application for recertification
396 must be made annually and be accompanied by a recertification
397 fee of at least $75, but not more than $150, as prescribed by
398 the department by rule. The application must also be accompanied
399 by proof of completion of the required 4 classroom hours of
400 acceptable continuing education and the required proof of
401 insurance. After a grace period not exceeding 30 calendar days
402 following such expiration after the recertification renewal
403 date, the department shall assess a late fee of $50 in addition
404 to the renewal fee. If a certificateholder fails to renew his or
405 her certificate and provide proof of completing the required
406 continuing education units within 60 days after the expiration
407 date, the certificateholder may be recertified only after
408 reexamination A certificate automatically expires 180 days after
409 the recertification date if the renewal fee has not been paid.
410 After expiration, the department shall issue a new certificate
411 only if the applicant successfully passes a reexamination and
412 pays the examination fee and late fee.
413 Section 7. Paragraphs (k) and (l) are added to subsection
414 (1) of section 482.161, Florida Statutes, to read:
415 482.161 Disciplinary grounds and actions; reinstatement.—
416 (1) The department may issue a written warning to or impose
417 a fine against, or deny the application for licensure or
418 licensure renewal of, a licensee, certified operator, limited
419 certificateholder, identification cardholder, or special
420 identification cardholder or any other person, or may suspend,
421 revoke, or deny the issuance or renewal of any license,
422 certificate, limited certificate, identification card, or
423 special identification card that is within the scope of this
424 chapter, in accordance with chapter 120, upon any of the
425 following grounds:
426 (k) Swearing to or affirming any false statement in an
427 application for a license issued pursuant to this chapter.
428 (l) Cheating on an examination required for licensure under
429 this chapter or violating a published test center or examination
430 procedure provided orally, in writing, or electronically at the
431 test site and affirmatively acknowledged by the examinee.
432 Section 8. Section 482.191, Florida Statutes, is amended to
433 read:
434 482.191 Violation and penalty.—
435 (1) It is unlawful to do any of the following:
436 (a) Solicit, practice, perform, or advertise in pest
437 control except as provided by this chapter.
438 (b) Swear to or affirm a false statement in an application
439 for a license or certificate issued pursuant to this chapter. A
440 false statement contained in an application for such license or
441 certificate renders the application, license, or certificate
442 void.
443 (c) Cheat on an examination required for licensure under
444 this chapter or violate a published test center or examination
445 procedure provided orally, in writing, or electronically at the
446 test site and affirmatively acknowledged by an examinee.
447 Violating this paragraph renders the examinee’s exam attempt
448 void. The department shall adopt rules establishing penalties
449 for examinees who violate this subsection. The department may
450 exercise discretion in assessing penalties based on the nature
451 and frequency of the violation.
452 (2) Except as provided in paragraph (1)(c), a person who
453 violates any provision of this chapter commits is guilty of a
454 misdemeanor of the second degree, punishable as provided in s.
455 775.082 or s. 775.083.
456 (3) A Any person who violates any rule of the department
457 relative to pest control commits is guilty of a misdemeanor of
458 the second degree, punishable as provided in s. 775.082 or s.
459 775.083.
460 Section 9. Subsection (3) of section 482.226, Florida
461 Statutes, is amended to read:
462 482.226 Wood-destroying organism inspection report; notice
463 of inspection or treatment; financial responsibility.—
464 (3) When an inspection If periodic reinspections or
465 retreatments are specified in wood-destroying organisms
466 preventive or control contracts is conducted or any treatment
467 covered by the wood-destroying organisms preventive or control
468 contracts is performed, the licensee shall furnish the property
469 owner or the property owner’s authorized agent, after each such
470 reinspection or retreatment, a signed report indicating the
471 presence or absence of wood-destroying organisms covered by the
472 contract, whether treatment retreatment was made, and the common
473 or brand name of the pesticide used. Such report need not be on
474 a form prescribed by the department.
475 (a) If a licensee performs an inspection not specified in
476 the wood-destroying organisms preventive or control contract,
477 and the presence of wood-destroying organisms covered by the
478 contract is identified, the licensee must provide the property
479 owner or property owner’s authorized agent with a signed report
480 notifying her or him of the presence of wood-destroying
481 organisms.
482 (b) A person may not perform inspections periodic
483 reinspections or treatments retreatments unless she or he has an
484 identification card issued under s. 482.091(9).
485 Section 10. Subsection (13) of section 487.031, Florida
486 Statutes, is amended to read:
487 487.031 Prohibited acts.—It is unlawful:
488 (13) For any person to do any of the following:
489 (a) Make a false or fraudulent claim through any medium,
490 misrepresenting the effect of materials or methods used.;
491 (b) Make a pesticide recommendation or application not in
492 accordance with the label, except as provided in this section,
493 or not in accordance with recommendations of the United States
494 Environmental Protection Agency or not in accordance with the
495 specifications of a special local need registration.;
496 (c) Operate faulty or unsafe equipment.;
497 (d) Operate in a faulty, careless, or negligent manner.;
498 (e) Apply any pesticide directly to, or in any manner cause
499 any pesticide to drift onto, any person or area not intended to
500 receive the pesticide.;
501 (f) Fail to disclose to an agricultural crop grower, before
502 prior to the time pesticides are applied to a crop, full
503 information regarding the possible harmful effects to human
504 beings or animals and the earliest safe time for workers or
505 animals to reenter the treated field.;
506 (g) Refuse or, after notice, neglect to comply with the
507 provisions of this part, the rules adopted under this part, or
508 any lawful order of the department.;
509 (h) Refuse or neglect to keep and maintain the records
510 required by this part or to submit reports when and as
511 required.;
512 (i) Make false or fraudulent records, invoices, or
513 reports.;
514 (j) Use fraud or misrepresentation in making an application
515 for a license or license renewal.;
516 (k) Swear to or affirm a false statement in an application
517 for a license issued pursuant to this chapter.
518 (l) Cheat on an examination required for licensure under
519 this chapter or violate a published test center or examination
520 procedure provided orally, in writing, or electronically at the
521 test site and affirmatively acknowledged by the examinee.
522 (m) Refuse or neglect to comply with any limitations or
523 restrictions on or in a duly issued license.;
524 (n)(l) Aid or abet a licensed or unlicensed person to evade
525 the provisions of this part, or combine or conspire with a
526 licensed or unlicensed person to evade the provisions of this
527 part, or allow a license to be used by an unlicensed person.;
528 (o)(m) Make false or misleading statements during or after
529 an inspection concerning any infestation or infection of pests
530 found on land.;
531 (p)(n) Make false or misleading statements, or fail to
532 report, pursuant to this part, any suspected or known damage to
533 property or illness or injury to persons caused by the
534 application of pesticides.;
535 (q)(o) Impersonate any state, county, or city inspector or
536 official.;
537 (r)(p) Fail to maintain a current liability insurance
538 policy or surety bond required by as provided for in this part.;
539 (s)(q) Fail to adequately train, as required by provided
540 for in this part, unlicensed applicators or mixer-loaders
541 applying restricted-use pesticides under the direct supervision
542 of a licensed applicator.; or
543 (t)(r) Fail to provide authorized representatives of the
544 department with records required by this part or with free
545 access for inspection and sampling of any pesticide, areas
546 treated with or impacted by these materials, and equipment used
547 in their application.
548 Section 11. Section 487.175, Florida Statutes, is amended
549 to read:
550 487.175 Penalties; administrative fine; injunction.—
551 (1) In addition to any other penalty provided in this part,
552 when the department finds any person, applicant, or licensee has
553 violated any provision of this part or rule adopted under this
554 part, it may enter an order imposing any one or more of the
555 following penalties:
556 (a) Denial of an application for licensure.
557 (b) Revocation or suspension of a license.
558 (c) Issuance of a warning letter.
559 (d) Placement of the licensee on probation for a specified
560 period of time and subject to conditions the department may
561 specify by rule, including requiring the licensee to attend
562 continuing education courses, to demonstrate competency through
563 a written or practical examination, or to work under the direct
564 supervision of another licensee.
565 (e) Imposition of an administrative fine in the Class III
566 category pursuant to s. 570.971 for each violation. When
567 imposing a fine under this paragraph, the department shall
568 consider the degree and extent of harm caused by the violation,
569 the cost of rectifying the damage, the amount of money the
570 violator benefited from by noncompliance, whether the violation
571 was committed willfully, and the compliance record of the
572 violator.
573 (2) It is unlawful for a person to swear to or affirm a
574 false statement in an application for a license or certificate
575 issued pursuant to this chapter. A false statement contained in
576 an application for such license or certificate renders the
577 application, license, or certificate void.
578 (3) Cheating on an examination required for licensure under
579 this chapter or violating a published test center or examination
580 procedure provided orally, in writing, or electronically at the
581 test site and affirmatively acknowledged by the examinee renders
582 the examinee’s exam attempt void. The department shall adopt
583 rules establishing penalties for examinees who violate this
584 section. The department may exercise discretion in assessing
585 penalties based on the nature and frequency of the violation.
586 (4) Except as provided under subsection (3), a Any person
587 who violates any provision of this part or rules adopted
588 pursuant thereto commits a misdemeanor of the second degree and
589 upon conviction is punishable as provided in s. 775.082 or s.
590 775.083. For a subsequent violation, such person commits a
591 misdemeanor of the first degree and upon conviction is
592 punishable as provided in s. 775.082 or s. 775.083.
593 (5)(3) In addition to the remedies provided in this part
594 and notwithstanding the existence of any adequate remedy at law,
595 the department may bring an action to enjoin the violation or
596 threatened violation of any provision of this part, or rule
597 adopted under this part, in the circuit court of the county in
598 which the violation occurred or is about to occur. Upon the
599 department’s presentation of competent and substantial evidence
600 to the court of the violation or threatened violation, the court
601 shall immediately issue the temporary or permanent injunction
602 sought by the department. The injunction shall be issued without
603 bond. A single act in violation of any provision of this part is
604 shall be sufficient to authorize the issuance of an injunction.
605 Section 12. Paragraph (b) of subsection (3) of section
606 493.6113, Florida Statutes, is amended to read:
607 493.6113 Renewal application for licensure.—
608 (3) Each licensee is responsible for renewing his or her
609 license on or before its expiration by filing with the
610 department an application for renewal accompanied by payment of
611 the renewal fee and the fingerprint retention fee to cover the
612 cost of ongoing retention in the statewide automated biometric
613 identification system established in s. 943.05(2)(b). Upon the
614 first renewal of a license issued under this chapter before
615 January 1, 2017, the licensee shall submit a full set of
616 fingerprints and fingerprint processing fees to cover the cost
617 of entering the fingerprints into the statewide automated
618 biometric identification system pursuant to s. 493.6108(4)(a)
619 and the cost of enrollment in the Federal Bureau of
620 Investigation’s national retained print arrest notification
621 program. Subsequent renewals may be completed without submission
622 of a new set of fingerprints.
623 (b) Each Class “G” licensee shall additionally submit proof
624 that he or she has received during each year of the license
625 period a minimum of 4 hours of firearms requalification training
626 taught by a Class “K” licensee and has complied with such other
627 health and training requirements that the department shall adopt
628 by rule. Proof of completion of firearms requalification
629 training shall be submitted to the department upon completion of
630 the training. A Class “G” licensee must successfully complete
631 this requalification training for each type and caliber of
632 firearm carried in the course of performing his or her regulated
633 duties. At the discretion of a Class “K” instructor, a Class “G”
634 licensee may qualify for up to two calibers of firearms in one
635 4-hour firearm requalification class if the licensee
636 successfully completes training for each firearm, including a
637 separate course of fire for each caliber of firearm. If the
638 licensee fails to complete the required 4 hours of annual
639 training during the first year of the 2-year term of the
640 license, the license is shall be automatically suspended. The
641 licensee must complete the minimum number of hours of range and
642 classroom training required at the time of initial licensure and
643 submit proof of completion of such training to the department
644 before the license may be reinstated. If the licensee fails to
645 complete the required 4 hours of annual training during the
646 second year of the 2-year term of the license, the licensee must
647 complete the minimum number of hours of range and classroom
648 training required at the time of initial licensure and submit
649 proof of completion of such training to the department before
650 the license may be renewed. The department may waive the
651 firearms training requirement if:
652 1. The applicant provides proof that he or she is currently
653 certified as a law enforcement officer or correctional officer
654 under the Criminal Justice Standards and Training Commission and
655 has completed law enforcement firearms requalification training
656 annually during the previous 2 years of the licensure period;
657 2. The applicant provides proof that he or she is currently
658 certified as a federal law enforcement officer and has received
659 law enforcement firearms training administered by a federal law
660 enforcement agency annually during the previous 2 years of the
661 licensure period;
662 3. The applicant submits a valid firearm certificate among
663 those specified in s. 493.6105(6)(a) and provides proof of
664 having completed requalification training during the previous 2
665 years of the licensure period; or
666 4. The applicant provides proof that he or she has
667 completed annual firearms training in accordance with the
668 requirements of the federal Law Enforcement Officers Safety Act
669 under 18 U.S.C. ss. 926B-926C.
670 Section 13. Section 493.6127, Florida Statutes, is created
671 to read:
672 493.6127 Appointment of tax collectors to accept
673 applications and renewals for licenses; fees; penalties.—
674 (1) The department may appoint a tax collector, a county
675 officer as described in s. 1(d), Art. VIII of the State
676 Constitution, to accept new, renewal, and replacement license
677 applications on behalf of the department for licenses issued
678 under this chapter. Such appointment shall be for specified
679 locations that will best serve the public interest and
680 convenience in persons applying for these licenses. The
681 department shall establish by rule the type of new, renewal, or
682 replacement licenses a tax collector appointed under this
683 section is authorized to accept.
684 (2) A tax collector seeking to be appointed to accept
685 applications for new, renewal, or replacement licenses must
686 submit a written request to the department stating his or her
687 name, address, telephone number, each location within the county
688 at which the tax collector wishes to accept applications, and
689 other information as required by the department.
690 (a) Upon receipt of a written request, the department shall
691 review it and may decline to enter into a memorandum of
692 understanding or, if approved, may enter into a memorandum of
693 understanding with the tax collector to accept applications for
694 new or renewal licenses on behalf of the department.
695 (b) The department may rescind a memorandum of
696 understanding for any reason at any time.
697 (3) All information provided pursuant to s. 493.6105 or s.
698 493.6113 and contained in the records of a tax collector
699 appointed under this section which is confidential pursuant to
700 s. 493.6122, or any other state or federal law, retains its
701 confidentiality.
702 (4) A person may not handle an application for a license
703 issued pursuant to this chapter for a fee or compensation of any
704 kind unless he or she has been appointed by the department to do
705 so.
706 (5) A tax collector appointed under this section may
707 collect and retain a convenience fee of $22 for each new
708 application, $12 for each renewal application, $12 for each
709 replacement license, $9 for fingerprinting services associated
710 with the completion of an application submitted online or by
711 mail, and $9 for photography services associated with the
712 completion of an application submitted online or by mail, and
713 shall remit weekly to the department the license fees pursuant
714 to chapter 493 for deposit in the Division of Licensing Trust
715 Fund.
716 (6) A person who willfully violates this section commits a
717 misdemeanor of the second degree, punishable as provided in s.
718 775.082 or s. 775.083.
719 (7) Upon receipt of a completed renewal or replacement
720 application, a new color photograph, and appropriate payment of
721 required fees, a tax collector authorized to accept renewal or
722 replacement applications for licenses under this section may,
723 upon approval and confirmation of license issuance by the
724 department, print and deliver a license to a licensee renewing
725 or replacing his or her license at the tax collector’s office.
726 Section 14. Subsection (28) is added to section 496.404,
727 Florida Statutes, to read:
728 496.404 Definitions.—As used in ss. 496.401-496.424, the
729 term:
730 (28) “Street address” means the physical location where
731 activities subject to regulation under this chapter are
732 conducted or where an applicant, licensee, or other referenced
733 individual actually resides. The term does not include a virtual
734 office, a post office box, or a mail drop.
735 Section 15. Paragraph (d) of subsection (1), subsection
736 (3), and paragraph (a) of subsection (4) of section 496.405,
737 Florida Statutes, are amended to read:
738 496.405 Registration statements by charitable organizations
739 and sponsors.—
740 (1) A charitable organization or sponsor, unless exempted
741 pursuant to s. 496.406, which intends to solicit contributions
742 in or from this state by any means or have funds solicited on
743 its behalf by any other person, charitable organization,
744 sponsor, commercial co-venturer, or professional solicitor, or
745 that participates in a charitable sales promotion or sponsor
746 sales promotion, must, before engaging in any of these
747 activities, file an initial registration statement, and a
748 renewal statement annually thereafter, with the department.
749 (d) The registration of a charitable organization or
750 sponsor may not continue in effect and shall expire without
751 further action of the department under either of the following
752 circumstances:
753 1. After the date the charitable organization or sponsor
754 should have filed, but failed to file, its renewal statement in
755 accordance with this section.
756 2. For failure to provide a financial statement within any
757 extension period provided under s. 496.407.
758 (3) Each chapter, branch, or affiliate of a parent
759 organization that is required to register under this section
760 must file a separate registration statement and financial
761 statement or report the required information to its parent
762 organization, which shall then file, on a form prescribed by the
763 department, a consolidated registration statement for the parent
764 organization and its Florida chapters, branches, and affiliates.
765 A consolidated registration statement filed by a parent
766 organization must include or be accompanied by financial
767 statements as specified in s. 496.407 for the parent
768 organization and each of its Florida chapters, branches, and
769 affiliates that solicited or received contributions during the
770 preceding fiscal year. However, if all contributions received by
771 chapters, branches, or affiliates are remitted directly into a
772 depository account that feeds directly into the parent
773 organization’s centralized accounting system from which all
774 disbursements are made, the parent organization may submit one
775 consolidated financial statement on a form prescribed by the
776 department. The consolidated financial statement must comply
777 with s. 496.407 and must reflect the activities of each chapter,
778 branch, or affiliate of the parent organization, including all
779 contributions received in the name of each chapter, branch, or
780 affiliate; all payments made to each chapter, branch, or
781 affiliate; and all administrative fees assessed to each chapter,
782 branch, or affiliate. A copy of Internal Revenue Service Form
783 990 and all attached schedules filed for the preceding fiscal
784 year, or a copy of Internal Revenue Service Form 990-EZ and
785 Schedule O for the preceding fiscal year, for the parent
786 organization and each Florida chapter, branch, or affiliate that
787 is required to file such forms must be attached to the
788 consolidated financial statement.
789 (4)(a) Every charitable organization, sponsor, or parent
790 organization filing on behalf of one or more chapters, branches,
791 or affiliates that is required to register under this section
792 must pay a single registration fee. A parent organization filing
793 on behalf of one or more chapters, branches, or affiliates shall
794 total all contributions received by the chapters, branches, or
795 affiliates included in the registration statement to determine
796 registration fees. Fees shall be assessed as follows:
797 1.a. Ten dollars, if the contributions received for the
798 last fiscal or calendar year were less than $5,000; or
799 b. Ten dollars, if the contributions actually raised or
800 received from the public during the immediately preceding fiscal
801 year by such organization or sponsor are no more than $50,000
802 and the fundraising activities of such organization or sponsor
803 are carried on by volunteers, members, officers, or permanent
804 employees, who are not compensated, primarily to solicit such
805 contributions, provided no part of the assets or income of such
806 organization or sponsor inures to the benefit of or is paid to
807 any officer or member of such organization or sponsor or to any
808 professional fundraising consultant, professional solicitor, or
809 commercial co-venturer;
810 2. Seventy-five dollars, if the contributions received for
811 the last fiscal year were $5,000 or more, but less than
812 $100,000;
813 3. One hundred twenty-five dollars, if the contributions
814 received for the last fiscal year were $100,000 or more, but
815 less than $200,000;
816 4. Two hundred dollars, if the contributions received for
817 the last fiscal year were $200,000 or more, but less than
818 $500,000;
819 5. Three hundred dollars, if the contributions received for
820 the last fiscal year were $500,000 or more, but less than $1
821 million;
822 6. Three hundred fifty dollars, if the contributions
823 received for the last fiscal year were $1 million or more, but
824 less than $10 million;
825 7. Four hundred dollars, if the contributions received for
826 the last fiscal year were $10 million or more.
827 Section 16. Paragraph (d) of subsection (1) and paragraph
828 (a) of subsection (2) of section 496.406, Florida Statutes, are
829 amended to read:
830 496.406 Exemption from registration.—
831 (1) The following charitable organizations and sponsors are
832 exempt from the requirements of s. 496.405:
833 (d) A charitable organization or sponsor that has less than
834 $50,000 in total contributions revenue during a fiscal year if
835 the fundraising activities of such organization or sponsor are
836 carried on by volunteers, members, or officers who are not
837 compensated and no part of the assets or income of such
838 organization or sponsor inures to the benefit of or is paid to
839 any officer or member of such organization or sponsor or to any
840 professional fundraising consultant, professional solicitor, or
841 commercial co-venturer. If a charitable organization or sponsor
842 that has less than $50,000 in total contributions revenue during
843 a fiscal year actually acquires total contributions revenue
844 equal to or in excess of $50,000, the charitable organization or
845 sponsor must register with the department as required by s.
846 496.405 within 30 days after the date the contributions reach
847 revenue reaches $50,000.
848 (2) Before soliciting contributions, a charitable
849 organization or sponsor claiming to be exempt from the
850 registration requirements of s. 496.405 under paragraph (1)(d)
851 must submit annually to the department, on forms prescribed by
852 the department:
853 (a) The name, street address, and telephone number of the
854 charitable organization or sponsor, the name under which it
855 intends to solicit contributions, the purpose for which it is
856 organized, and the purpose or purposes for which the
857 contributions to be solicited will be used.
858 Section 17. Paragraph (a) of subsection (1) and subsection
859 (3) of section 496.407, Florida Statutes, are amended to read:
860 496.407 Financial statement.—
861 (1) A charitable organization or sponsor that is required
862 to initially register or annually renew registration must file
863 an annual financial statement for the immediately preceding
864 fiscal year on a form prescribed by the department.
865 (a) The statement must include the following:
866 1. A balance sheet.
867 2. A statement of support, revenue and expenses, and any
868 change in the fund balance.
869 3. The names and street addresses of the charitable
870 organizations or sponsors, professional fundraising consultant,
871 professional solicitors, and commercial co-venturers used, if
872 any, and the amounts received therefrom, if any.
873 4. A statement of functional expenses that must include,
874 but is not limited to, expenses in the following categories:
875 a. Program service costs.
876 b. Management and general costs.
877 c. Fundraising costs.
878 (3) Upon a showing of good cause by a charitable
879 organization or sponsor, The department may extend the time for
880 the filing of a financial statement required under this section
881 by up to 180 days, during which time the previous registration
882 shall remain active. The registration must shall be
883 automatically suspended for failure to file the financial
884 statement within the extension period.
885 Section 18. Paragraph (c) of subsection (2) of section
886 496.409, Florida Statutes, is amended to read:
887 496.409 Registration and duties of professional fundraising
888 consultant.—
889 (2) Applications for registration or renewal of
890 registration must be submitted on a form prescribed by the
891 department, signed by an authorized official of the professional
892 fundraising consultant who shall certify that the report is true
893 and correct, and must include the following information:
894 (c) The names and street residence addresses of all
895 principals of the applicant, including all officers, directors,
896 and owners.
897 Section 19. Paragraphs (d) and (j) of subsection (2),
898 paragraph (c) of subsection (6), paragraphs (a), (b), and (h) of
899 subsection (10), and subsection (11) of section 496.410, Florida
900 Statutes, are amended to read:
901 496.410 Registration and duties of professional
902 solicitors.—
903 (2) Applications for registration or renewal of
904 registration must be submitted on a form prescribed by rule of
905 the department, signed by an authorized official of the
906 professional solicitor who shall certify that the report is true
907 and correct, and must include the following information:
908 (d) The names and street residence addresses of all
909 principals of the applicant, including all officers, directors,
910 and owners.
911 (j) A list of all telephone numbers the applicant will use
912 to solicit contributions as well as the actual street physical
913 address associated with each telephone number and any fictitious
914 names associated with such address.
915 (6) No less than 15 days before commencing any solicitation
916 campaign or event, the professional solicitor must file with the
917 department a solicitation notice on a form prescribed by the
918 department. The notice must be signed and sworn to by the
919 contracting officer of the professional solicitor and must
920 include:
921 (c) The legal name and street residence address of each
922 person responsible for directing and supervising the conduct of
923 the campaign.
924 (10) During each solicitation campaign, and for not less
925 than 3 years after its completion, the professional solicitor
926 shall maintain the following records:
927 (a) The date and amount of each contribution received and
928 the name, street address, and telephone number of each
929 contributor.
930 (b) The name and residence street address of each employee,
931 agent, and any other person, however designated, who is involved
932 in the solicitation, the amount of compensation paid to each,
933 and the dates on which the payments were made.
934 (h) If a refund of a contribution has been requested, the
935 name and street address of each person requesting the refund,
936 and, if a refund was made, its amount and the date it was made.
937 (11) If the professional solicitor sells tickets to any
938 event and represents that the tickets will be donated for use by
939 another person, the professional solicitor also must shall
940 maintain for the same period as specified in subsection (10) the
941 following records:
942 (a) The name and street address of each contributor who
943 purchases or donates tickets and the number of tickets purchased
944 or donated by the contributor.
945 (b) The name and street address of each organization that
946 receives the donated tickets for the use of others, and the
947 number of tickets received by the organization.
948 Section 20. Paragraph (a) of subsection (2) of section
949 496.4101, Florida Statutes, is amended to read:
950 496.4101 Licensure of professional solicitors and certain
951 employees thereof.—
952 (2) Persons required to obtain a solicitor license under
953 subsection (1) shall submit to the department, in such form as
954 the department prescribes, an application for a solicitor
955 license. The application must include the following information:
956 (a) The true name, date of birth, unique identification
957 number of a driver license or other valid form of
958 identification, and street home address of the applicant.
959 Section 21. Paragraph (c) of subsection (2) of section
960 496.411, Florida Statutes, is amended, and paragraph (e) of that
961 subsection is reenacted, to read:
962 496.411 Disclosure requirements and duties of charitable
963 organizations and sponsors.—
964 (2) A charitable organization or sponsor soliciting in this
965 state must include all of the following disclosures at the point
966 of solicitation:
967 (c) Upon request, the name and either the street address or
968 telephone number of a representative to whom inquiries may be
969 addressed.
970 (e) Upon request, the source from which a written financial
971 statement may be obtained. Such financial statement must be for
972 the immediate preceding fiscal year and must be consistent with
973 the annual financial statement filed under s. 496.407. The
974 written financial statement must be provided within 14 days
975 after the request and must state the purpose for which funds are
976 raised, the total amount of all contributions raised, the total
977 costs and expenses incurred in raising contributions, the total
978 amount of contributions dedicated to the stated purpose or
979 disbursed for the stated purpose, and whether the services of
980 another person or organization have been contracted to conduct
981 solicitation activities.
982 Section 22. Paragraph (a) of subsection (2) of section
983 496.4121, Florida Statutes, is amended to read:
984 496.4121 Collection receptacles used for donations.—
985 (2) A collection receptacle must display a permanent sign
986 or label on each side which contains the following information
987 printed in letters that are at least 3 inches in height and no
988 less than one-half inch in width, in a color that contrasts with
989 the color of the collection receptacle:
990 (a) For a collection receptacle used by a person required
991 to register under this chapter, the name, street business
992 address, telephone number, and registration number of the
993 charitable organization or sponsor for whom the solicitation is
994 made.
995 Section 23. Paragraph (a) of subsection (2) and subsection
996 (6) of section 496.425, Florida Statutes, are amended to read:
997 496.425 Solicitation of funds within public transportation
998 facilities.—
999 (2) Any person desiring to solicit funds within a facility
1000 shall first obtain a written permit therefor from the authority
1001 responsible for the administration of the facility.
1002 (a) An application in writing for such permit must shall be
1003 submitted to the authority and must state shall set forth:
1004 1. The full name, street mailing address, and telephone
1005 number of the person or organization sponsoring, promoting, or
1006 conducting the proposed activities;
1007 2. The full name, street mailing address, and telephone
1008 number of each person who will participate in such activities
1009 and of the person who will have supervision of and
1010 responsibility for the proposed activities;
1011 3. A description of the proposed activities indicating the
1012 type of communication to be involved;
1013 4. The dates on and the hours during which the activities
1014 are proposed to be carried out and the expected duration of the
1015 proposed activities; and
1016 5. The number of persons to be engaged in such activities.
1017 (6) Each individual solicitor shall display prominently on
1018 her or his person a badge or insignia, provided by the solicitor
1019 and approved by the authority, bearing the signature of a
1020 responsible officer of the authority and that of the solicitor
1021 and describing the solicitor by name, age, height, weight, eye
1022 color, hair color, street address, and principal occupation and
1023 indicating the name of the organization for which funds are
1024 solicited.
1025 Section 24. Effective upon this act becoming a law, present
1026 paragraphs (k) through (y) of subsection (1) of section 500.03,
1027 Florida Statutes, are redesignated as paragraphs (l) through
1028 (z), respectively, a new paragraph (k) is added to that
1029 subsection, and present paragraph (m) of that subsection is
1030 reenacted, to read:
1031 500.03 Definitions; construction; applicability.—
1032 (1) For the purpose of this chapter, the term:
1033 (k) “Cultivated meat” means any meat or food product
1034 produced from cultured animal cells.
1035 (n)(m) “Food” includes:
1036 1. Articles used for food or drink for human consumption;
1037 2. Chewing gum;
1038 3. Articles used for components of any such article;
1039 4. Articles for which health claims are made, which claims
1040 are approved by the Secretary of the United States Department of
1041 Health and Human Services and which claims are made in
1042 accordance with s. 343(r) of the federal act, and which are not
1043 considered drugs solely because their labels or labeling contain
1044 health claims;
1045 5. Dietary supplements as defined in 21 U.S.C. s.
1046 321(ff)(1) and (2); and
1047 6. Hemp extract as defined in s. 581.217.
1048
1049 The term includes any raw, cooked, or processed edible
1050 substance; ice; any beverage; or any ingredient used, intended
1051 for use, or sold for human consumption.
1052 Section 25. Effective upon this act becoming a law, section
1053 500.452, Florida Statutes, is created to read:
1054 500.452 Cultivated meat; prohibition; penalties.—
1055 (1) It is unlawful for any person to manufacture for sale,
1056 sell, hold or offer for sale, or distribute cultivated meat in
1057 this state.
1058 (2) A person who knowingly violates this section commits a
1059 misdemeanor of the second degree, punishable as provided in s.
1060 775.082 or s. 775.083.
1061 (3) A food establishment that manufactures, distributes, or
1062 sells cultivated meat in violation of this section is subject to
1063 disciplinary action pursuant to s. 500.121.
1064 (4) In addition to the penalties provided in this section,
1065 the license of any restaurant, store, or other business may be
1066 suspended as provided in the applicable licensing law upon the
1067 conviction of an owner or employee of that business for a
1068 violation of this section in connection with that business.
1069 (5) A product found to be in violation of this section is
1070 subject to s. 500.172 and an immediate stop-sale order.
1071 (6) The department may adopt rules to implement this
1072 section.
1073 Section 26. Subsection (10) is added to section 507.07,
1074 Florida Statutes, to read:
1075 507.07 Violations.—It is a violation of this chapter:
1076 (10) For a mover to place a shipper’s goods in a self
1077 service storage unit or self-contained storage unit owned by
1078 anyone other than the mover unless those goods are stored in the
1079 name of the shipper and the shipper contracts directly with the
1080 owner of the self-service storage unit or self-contained storage
1081 unit.
1082 Section 27. Section 531.67, Florida Statutes, is repealed.
1083 Section 28. Paragraphs (d) and (e) of subsection (1) and
1084 paragraph (a) of subsection (3) of section 559.904, Florida
1085 Statutes, are amended to read:
1086 559.904 Motor vehicle repair shop registration;
1087 application; exemption.—
1088 (1) Each motor vehicle repair shop engaged or attempting to
1089 engage in the business of motor vehicle repair work must
1090 register with the department prior to doing business in this
1091 state. The application for registration must be on a form
1092 provided by the department and must include at least the
1093 following information:
1094 (d) Copies of all licenses, permits, and certifications
1095 obtained by the applicant or employees of the applicant.
1096 (e) Number of employees who perform repairs at each
1097 location or whom which the applicant intends to employ or which
1098 are currently employed.
1099 (3)(a) Each application for registration must be
1100 accompanied by a registration fee for each location calculated
1101 on a per-year basis as follows:
1102 1. If the place of business has 1 to 5 employees who
1103 perform repairs: $50.
1104 2. If the place of business has 6 to 10 employees who
1105 perform repairs: $150.
1106 3. If the place of business has 11 or more employees who
1107 perform repairs: $300.
1108 Section 29. Subsections (1) and (2) of section 559.905,
1109 Florida Statutes, are amended to read:
1110 559.905 Written motor vehicle repair estimate and
1111 disclosure statement required.—
1112 (1) When any customer requests a motor vehicle repair shop
1113 to perform repair work on a motor vehicle, the cost of which
1114 repair work will exceed $150 $100 to the customer, the shop
1115 shall prepare a written repair estimate, which is a form setting
1116 forth the estimated cost of repair work, including diagnostic
1117 work, before effecting any diagnostic work or repair. The
1118 written repair estimate must shall also include all of the
1119 following items:
1120 (a) The name, address, and telephone number of the motor
1121 vehicle repair shop.
1122 (b) The name, address, and telephone number of the
1123 customer.
1124 (c) The date and time of the written repair estimate.
1125 (d) The year, make, model, odometer reading, and license
1126 tag number of the motor vehicle.
1127 (e) The proposed work completion date.
1128 (f) A general description of the customer’s problem or
1129 request for repair work or service relating to the motor
1130 vehicle.
1131 (g) A statement as to whether the customer is being charged
1132 according to a flat rate or an hourly rate, or both.
1133 (h) The estimated cost of repair which must shall include
1134 any charge for shop supplies or for hazardous or other waste
1135 removal and, if a charge is included, the estimate must shall
1136 include the following statement:
1137
1138 “This charge represents costs and profits to the motor
1139 vehicle repair facility for miscellaneous shop
1140 supplies or waste disposal.”
1141
1142 If a charge is mandated by state or federal law, the estimate
1143 must shall contain a statement identifying the law and the
1144 specific amount charged under the law.
1145 (i) The charge for making a repair price estimate or, if
1146 the charge cannot be predetermined, the basis on which the
1147 charge will be calculated.
1148 (j) The customer’s intended method of payment.
1149 (k) The name and telephone number of another person who may
1150 authorize repair work, if the customer desires to designate such
1151 person.
1152 (l) A statement indicating what, if anything, is guaranteed
1153 in connection with the repair work and the time and mileage
1154 period for which the guarantee is effective.
1155 (m) A statement allowing the customer to indicate whether
1156 replaced parts should be saved for inspection or return.
1157 (n) A statement indicating the daily charge for storing the
1158 customer’s motor vehicle after the customer has been notified
1159 that the repair work has been completed. However, no storage
1160 charges may not shall accrue or be due and payable for a period
1161 of 3 working days from the date after of such notification.
1162 (2) If the cost of repair work will exceed $150 $100, the
1163 shop must shall present to the customer a written notice
1164 conspicuously disclosing, in a separate, blocked section, only
1165 the following statement, in capital letters of at least 12-point
1166 type:
1167
1168 PLEASE READ CAREFULLY, CHECK ONE OF THE STATEMENTS BELOW, AND
1169 SIGN:
1170 I UNDERSTAND THAT, UNDER STATE LAW, I AM ENTITLED TO A
1171 WRITTEN ESTIMATE IF MY FINAL BILL WILL EXCEED $150 $100.
1172
1173 .... I REQUEST A WRITTEN ESTIMATE.
1174
1175 .... I DO NOT REQUEST A WRITTEN ESTIMATE AS LONG AS THE
1176 REPAIR COSTS DO NOT EXCEED $..... THE SHOP MAY NOT EXCEED THIS
1177 AMOUNT WITHOUT MY WRITTEN OR ORAL APPROVAL.
1178
1179 .... I DO NOT REQUEST A WRITTEN ESTIMATE.
1180
1181 SIGNED ............ DATE ....
1182
1183 Section 30. Subsection (38), of section 570.07, Florida
1184 Statutes, is amended to read:
1185 570.07 Department of Agriculture and Consumer Services;
1186 functions, powers, and duties.—The department shall have and
1187 exercise the following functions, powers, and duties:
1188 (38) To repair or build structures, from existing
1189 appropriations authority, notwithstanding chapters 216 and 255,
1190 not to exceed a cost of $500,000 $250,000 per structure. These
1191 structures must meet all applicable building codes.
1192 Section 31. Section 570.69, Florida Statutes, is amended to
1193 read:
1194 570.69 Definitions; ss. 570.69 and 570.691.—For the purpose
1195 of this section and s. 570.691:
1196 (1) “Center” means the Florida Agricultural Legacy Learning
1197 Center.
1198 (2) “Designated program” means the departmental program
1199 that which a direct-support organization has been created to
1200 support.
1201 (3)(2) “Direct-support organization” or “organization”
1202 means an organization that which is a Florida corporation not
1203 for profit incorporated under chapter 617 and approved by the
1204 department to operate for the benefit of a museum or a
1205 designated program.
1206 (3) “Museum” means the Florida Agricultural Museum, which
1207 is designated as the museum for agriculture and rural history of
1208 the State of Florida.
1209 Section 32. Subsections (1), (2), (4), (5), and (7) of
1210 section 570.691, Florida Statutes, are amended to read:
1211 570.691 Direct-support organization.—
1212 (1) The department may authorize the establishment of
1213 direct-support organizations to provide assistance, funding, and
1214 promotional support for the museums and other programs of the
1215 department. The following provisions shall govern the creation,
1216 use, powers, and duties of the direct-support organizations:
1217 (a) The department shall enter into a memorandum or letter
1218 of agreement with the direct-support organization, which must
1219 shall specify the approval of the department, the powers and
1220 duties of the direct-support organization, and rules with which
1221 the direct-support organization must comply.
1222 (b) The department may authorize, without charge,
1223 appropriate use of property, facilities, and personnel of the
1224 department by the direct-support organization. The use must
1225 shall be for the approved purposes of the direct-support
1226 organization and may not be made at times or places that would
1227 unreasonably interfere with opportunities for the general public
1228 to use department facilities.
1229 (c) The department shall prescribe by agreement conditions
1230 with which the direct-support organization must comply in order
1231 to use property, facilities, or personnel of the department.
1232 Such conditions must shall provide for budget and audit review
1233 and oversight by the department.
1234 (d) The department may not authorize the use of property,
1235 facilities, or personnel of the center museum, department, or
1236 designated program by the direct-support organization that does
1237 not provide equal employment opportunities to all persons
1238 regardless of race, color, religion, sex, age, or national
1239 origin.
1240 (2)(a) The direct-support organization may conduct programs
1241 and activities; raise funds; request and receive grants, gifts,
1242 and bequests of money; acquire, receive, hold, invest, and
1243 administer, in its own name, securities, funds, objects of
1244 value, or other property, real or personal; and make
1245 expenditures to or for the direct or indirect benefit of the
1246 center museum or designated program.
1247 (b) Notwithstanding the provisions of s. 287.025(1)(e), the
1248 direct-support organization may enter into contracts to insure
1249 property of the center museum or designated programs and may
1250 insure objects or collections on loan from others in satisfying
1251 security terms of the lender.
1252 (4) A department employee, direct-support organization or
1253 center museum employee, volunteer, or director, or designated
1254 program may not do either of the following:
1255 (a) Receive a commission, fee, or financial benefit in
1256 connection with the sale or exchange of real or personal
1257 property or historical objects to the direct-support
1258 organization, the center museum, or the designated program.; or
1259 (b) Be a business associate of any individual, firm, or
1260 organization involved in the sale or exchange of real or
1261 personal property to the direct-support organization, the center
1262 museum, or the designated program.
1263 (5) All moneys received by the direct-support organization
1264 shall be deposited into an account of the direct-support
1265 organization and must shall be used by the organization in a
1266 manner consistent with the goals of the center museum or
1267 designated program.
1268 (7) The Commissioner of Agriculture, or the commissioner’s
1269 designee, may serve on the board of trustees and the executive
1270 committee of any direct-support organization established to
1271 benefit the center museum or any designated program.
1272 Section 33. Section 570.692, Florida Statutes, is amended
1273 to read:
1274 570.692 Florida Agricultural Legacy Learning Center
1275 Museum.—The Florida Agricultural Legacy Learning Center Museum
1276 is designated as the legacy learning center for museum of
1277 agriculture and rural history of this the state of Florida and
1278 is hereby established within the department.
1279 Section 34. Section 581.189, Florida Statutes, is created
1280 to read:
1281 581.189 Dealing in, buying, transporting, and processing
1282 saw palmetto berries.—
1283 (1) As used in this section, the term:
1284 (a) “Harvest” or “harvesting” means to dig up, remove, or
1285 cut and remove saw palmetto berries from the place where they
1286 are grown.
1287 (b) “Harvester” means a person, firm, or corporation that
1288 takes, harvests, or attempts to take or harvest saw palmetto
1289 berries.
1290 (c) “Landowner” means:
1291 1. The public agency administering any public lands; or
1292 2. The person who holds legal title to the real property
1293 from which saw palmetto berries are harvested or the person
1294 having possession, control, or use of that land which has lawful
1295 authority to grant permission to harvest saw palmetto berries
1296 from the land.
1297 (d) “Person” means an individual, a partnership, a
1298 corporation, an association, or any other legal entity.
1299 (e) “Saw palmetto berries” means the fruit of the plant
1300 Serenoa repens, commonly known as the saw palmetto.
1301 (f) “Saw palmetto berry dealer” means a person that
1302 purchases or otherwise obtains saw palmetto berries from a
1303 seller for the purpose of selling the saw palmetto berries at
1304 retail or for the purpose of selling the saw palmetto berries to
1305 another saw palmetto berry dealer or for both such purposes.
1306 This term also includes a person who purchases saw palmetto
1307 berries directly from a landowner for the purpose of selling the
1308 saw palmetto berries at retail.
1309 (g) “Seller” means a person that exchanges or offers to
1310 exchange saw palmetto berries for money or for any other
1311 valuable consideration.
1312 (2) It is unlawful for any person to willfully destroy,
1313 harvest, or sell saw palmetto berries on the private land of
1314 another or on any public land without first obtaining written
1315 permission from the landowner or legal representative of the
1316 landowner and a permit from the department as provided in s.
1317 581.185. The landowner’s written permission must include all of
1318 the following information:
1319 (a) The name, address, and telephone number of the
1320 landowner.
1321 (b) The start date, end date, and location, including
1322 county, of the harvest.
1323 (c) The landowner’s actual or electronic signature.
1324 (3)(a) A saw palmetto berry dealer that purchases saw
1325 palmetto berries from a landowner or a person harvesting saw
1326 palmetto berries from another’s property shall:
1327 1. Maintain a bill of lading, a copy of the harvester’s
1328 entire permit, as provided in s. 581.185, a copy of the
1329 landowner’s written permission to harvest, and all of the
1330 following:
1331 a. The name, address, and telephone number of the seller.
1332 b. The date or dates of harvesting.
1333 c. The weight, quantity, or volume and a description of the
1334 type of saw palmetto berries harvested.
1335 d. A scan or photocopy of a valid government-issued photo
1336 identification card of such person.
1337 (b) A person required to maintain the information under
1338 paragraph (a) shall retain such records for at least 2 years
1339 from the date the harvest ends.
1340 (4)(a) When any law enforcement officer or any authorized
1341 employee of the department finds that any saw palmetto berries
1342 are being harvested, offered for sale, or exposed for sale in
1343 violation of this section, the law enforcement officer or
1344 authorized department employee may seize or order such saw
1345 palmetto berries be held at a designated location until the
1346 individual:
1347 1. Provides the officer or employee with the required
1348 permit and landowner’s written permission to harvest, within 7
1349 calendar days following the seizure; or
1350 2. Legally disposes of the saw palmetto berries in
1351 accordance with this section.
1352 (b) A law enforcement officer or authorized department
1353 employee shall release the saw palmetto berries when the
1354 requirements of this section are met.
1355 (5) Unlawfully harvested saw palmetto berries constitute
1356 contraband and are subject to seizure and disposal by the
1357 seizing law enforcement agency or the department.
1358 (a) Notwithstanding any other provision of law, a law
1359 enforcement agency that seizes saw palmetto berries harvested or
1360 possessed in violation of this section or unlawfully harvested
1361 in violation of s. 581.185, or in violation of any other state
1362 or federal law, may sell such saw palmetto berries and retain
1363 the proceeds of the sale for the enforcement of this section.
1364 Law enforcement agencies selling contraband saw palmetto berries
1365 are exempt from s. 581.185.
1366 (b) Law enforcement agencies that seize unlawfully
1367 harvested saw palmetto berries shall submit annually to the
1368 department, in the manner prescribed by department rule:
1369 1. The quantity and a description of the saw palmetto
1370 berries seized; and
1371 2. The location from which the saw palmetto berries were
1372 harvested, if known.
1373 (6)(a) A harvester that exchanges or offers to exchange saw
1374 palmetto berries with a saw palmetto dealer, seller, or
1375 processor for money or any other valuable consideration without
1376 first presenting to the saw palmetto berry dealer, seller,
1377 processor the person’s entire permit, as provided in s. 581.185,
1378 or the landowner’s written permission commits a misdemeanor of
1379 the first degree, punishable as provided in s. 775.082 or s.
1380 775.083.
1381 (b) A person required to maintain records as required in
1382 this section that fails to maintain such record for the time
1383 period specified in paragraph (3)(b) commits a misdemeanor of
1384 the first degree, punishable as provided in s. 775.082 or s.
1385 775.083.
1386 (c) A person that willfully destroys or harvests saw
1387 palmetto berries without first obtaining the landowner’s written
1388 permission to harvest as required by subsection (2) or a permit
1389 as required by s. 581.185 commits a felony of the third degree,
1390 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1391 (d) A saw palmetto berry dealer, buyer, processor,
1392 harvester, or seller that presents a false, forged, or altered
1393 document purporting to be a landowner’s written permission or
1394 the permit required by s. 581.185 commits a felony of the third
1395 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1396 775.084.
1397 (e) A saw palmetto berry dealer, transporter, or processor
1398 that exchanges, offers to exchange for money or any other
1399 valuable consideration, or possesses unlawfully harvested saw
1400 palmetto berries commits a felony of the third degree,
1401 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1402 (7)(a) A person convicted of a violation of this section is
1403 responsible for:
1404 1. All reasonable costs incurred by the responding law
1405 enforcement agencies and the department, including, but not
1406 limited to, investigative costs; and
1407 2. Restitution to the landowner in an amount equal to the
1408 fair market value of the saw palmetto berries unlawfully
1409 harvested.
1410 (b) For the purposes of this subsection, the term
1411 “convicted” means that there has been a determination of guilt
1412 as a result of trial or the entry of a plea of guilty or nolo
1413 contendere, regardless of whether adjudication is withheld.
1414 (8) This section does not affect any other person that
1415 legally harvests or handles saw palmetto berries from up to two
1416 plants for home or personal use.
1417 (9) The department shall adopt rules to administer this
1418 section.
1419 Section 35. Subsection (13) of section 585.01, Florida
1420 Statutes, is amended to read:
1421 585.01 Definitions.—In construing this part, where the
1422 context permits, the word, phrase, or term:
1423 (13) “Livestock” means grazing animals, such as cattle,
1424 horses, sheep, swine, goats, other hoofed animals, poultry,
1425 ostriches, emus, and rheas, which are raised for private use or
1426 commercial purposes.
1427 Section 36. Subsections (5) and (8) of section 790.0625,
1428 Florida Statutes, are amended, and subsections (9) and (10) are
1429 added to that section, to read:
1430 790.0625 Appointment of tax collectors to accept
1431 applications for a concealed weapon or firearm license; fees;
1432 penalties.—
1433 (5) A tax collector appointed under this section may
1434 collect and retain a convenience fee of $22 for each new
1435 application, and $12 for each renewal application, $12 for each
1436 replacement license, $9 for fingerprinting services associated
1437 with the completion of an application submitted online or by
1438 mail, and $9 for photographing services associated with the
1439 completion of an application submitted online or by mail, and
1440 shall remit weekly to the department the license fees pursuant
1441 to s. 790.06 for deposit in the Division of Licensing Trust
1442 Fund.
1443 (8) Upon receipt of a completed renewal application, a new
1444 color photograph, and appropriate payment of required fees, a
1445 tax collector authorized to accept renewal applications for
1446 concealed weapon or firearm licenses under this section may,
1447 upon approval and confirmation of license issuance by the
1448 department, print and deliver a concealed weapon or firearm
1449 license to a licensee renewing his or her license at the tax
1450 collector’s office.
1451 (9) Upon receipt of a statement under oath to the
1452 department and payment of required fees, a tax collector
1453 authorized to accept an application for a concealed weapon or
1454 firearm license under this section may, upon approval and
1455 confirmation from the department that a license is in good
1456 standing, print and deliver a concealed weapon or firearm
1457 license to a licensee whose license has been lost or destroyed.
1458 (10) Tax collectors authorized to accept an application for
1459 a concealed weapon or firearm license under this section may
1460 provide fingerprinting and photographing services to aid
1461 concealed weapon and firearm applicants and licensees with
1462 initial and renewal applications submitted online or by mail.
1463 Section 37. Paragraph (a) of subsection (5) of section
1464 810.011, Florida Statutes, is amended to read:
1465 810.011 Definitions.—As used in this chapter:
1466 (5)(a) “Posted land” is land upon which any of the
1467 following are placed:
1468 1. Signs placed not more than 500 feet apart along and at
1469 each corner of the boundaries of the land or, for land owned by
1470 a water control district that exists pursuant to chapter 298 or
1471 was created by special act of the Legislature, signs placed at
1472 or near the intersection of any district canal right-of-way and
1473 a road right-of-way or, for land classified as agricultural
1474 pursuant to s. 193.461, signs placed at each point of ingress
1475 and at each corner of the boundaries of the agricultural land,
1476 which prominently display in letters of not less than 2 inches
1477 in height the words “no trespassing” and the name of the owner,
1478 lessee, or occupant of the land. The signs must be placed along
1479 the boundary line of posted land in a manner and in such
1480 position as to be clearly noticeable from outside the boundary
1481 line; or
1482 2.a. A conspicuous no trespassing notice is painted on
1483 trees or posts on the property, provided that the notice is:
1484 (I) Painted in an international orange color and displaying
1485 the stenciled words “No Trespassing” in letters no less than 2
1486 inches high and 1 inch wide either vertically or horizontally;
1487 (II) Placed so that the bottom of the painted notice is not
1488 less than 3 feet from the ground or more than 5 feet from the
1489 ground; and
1490 (III) Placed at locations that are readily visible to any
1491 person approaching the property and no more than 500 feet apart
1492 on agricultural land.
1493 b. When a landowner uses the painted no trespassing posting
1494 to identify a no trespassing area, those painted notices must be
1495 accompanied by signs complying with subparagraph 1. and must be
1496 placed conspicuously at all places where entry to the property
1497 is normally expected or known to occur.
1498 Section 38. Subsection (2) of section 810.09, Florida
1499 Statutes, is amended to read:
1500 810.09 Trespass on property other than structure or
1501 conveyance.—
1502 (2)(a) Except as provided in this subsection, trespass on
1503 property other than a structure or conveyance is a misdemeanor
1504 of the first degree, punishable as provided in s. 775.082 or s.
1505 775.083.
1506 (a)(b) If the offender defies an order to leave, personally
1507 communicated to the offender by the owner of the premises or by
1508 an authorized person, or if the offender willfully opens any
1509 door, fence, or gate or does any act that exposes animals,
1510 crops, or other property to waste, destruction, or freedom;
1511 unlawfully dumps litter on property; or trespasses on property
1512 other than a structure or conveyance, the offender commits a
1513 misdemeanor of the first degree, punishable as provided in s.
1514 775.082 or s. 775.083.
1515 (b)(c) If the offender is armed with a firearm or other
1516 dangerous weapon during the commission of the offense of
1517 trespass on property other than a structure or conveyance, he or
1518 she commits is guilty of a felony of the third degree,
1519 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1520 Any owner or person authorized by the owner may, for prosecution
1521 purposes, take into custody and detain, in a reasonable manner,
1522 for a reasonable length of time, any person when he or she
1523 reasonably believes that a violation of this paragraph has been
1524 or is being committed, and that the person to be taken into
1525 custody and detained has committed or is committing the
1526 violation. If a person is taken into custody, a law enforcement
1527 officer must shall be called as soon as is practicable after the
1528 person has been taken into custody. The taking into custody and
1529 detention in compliance with the requirements of this paragraph
1530 does not result in criminal or civil liability for false arrest,
1531 false imprisonment, or unlawful detention.
1532 (c)(d) The offender commits a felony of the third degree,
1533 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
1534 if the property trespassed is a construction site that is:
1535 1. Greater than 1 acre in area and is legally posted and
1536 identified in substantially the following manner: “THIS AREA IS
1537 A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON
1538 THIS PROPERTY COMMITS A FELONY.”; or
1539 2. One acre or less in area and is identified as such with
1540 a sign that appears prominently, in letters of not less than 2
1541 inches in height, and reads in substantially the following
1542 manner: “THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE
1543 WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.” The sign must
1544 shall be placed at the location on the property where the
1545 permits for construction are located. For construction sites of
1546 1 acre or less as provided in this subparagraph, it may shall
1547 not be necessary to give notice by posting as defined in s.
1548 810.011(5).
1549 (d)(e) The offender commits a felony of the third degree,
1550 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
1551 if the property trespassed upon is commercial horticulture
1552 property and the property is legally posted and identified in
1553 substantially the following manner: “THIS AREA IS DESIGNATED
1554 COMMERCIAL PROPERTY FOR HORTICULTURE PRODUCTS, AND ANYONE WHO
1555 TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
1556 (e)(f) The offender commits a felony of the third degree,
1557 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
1558 if the property trespassed upon is an agricultural site for
1559 testing or research purposes that is legally posted and
1560 identified in substantially the following manner: “THIS AREA IS
1561 A DESIGNATED AGRICULTURAL SITE FOR TESTING OR RESEARCH PURPOSES,
1562 AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
1563 (f)(g) The offender commits a felony of the third degree,
1564 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
1565 if the property trespassed upon is a domestic violence center
1566 certified under s. 39.905 which is legally posted and identified
1567 in substantially the following manner: “THIS AREA IS A
1568 DESIGNATED RESTRICTED SITE, AND ANYONE WHO TRESPASSES ON THIS
1569 PROPERTY COMMITS A FELONY.”
1570 (g)(h) Any person who in taking or attempting to take any
1571 animal described in s. 379.101(19) or (20), or in killing,
1572 attempting to kill, or endangering any animal described in s.
1573 585.01(13) knowingly propels or causes to be propelled any
1574 potentially lethal projectile over or across private land
1575 without authorization commits trespass, a felony of the third
1576 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1577 775.084. For purposes of this paragraph, the term “potentially
1578 lethal projectile” includes any projectile launched from any
1579 firearm, bow, crossbow, or similar tensile device. This section
1580 does not apply to any governmental agent or employee acting
1581 within the scope of his or her official duties.
1582 (h)(i) The offender commits a felony of the third degree,
1583 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
1584 if the property trespassed upon is an agricultural chemicals
1585 manufacturing facility that is legally posted and identified in
1586 substantially the following manner: “THIS AREA IS A DESIGNATED
1587 AGRICULTURAL CHEMICALS MANUFACTURING FACILITY, AND ANYONE WHO
1588 TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
1589 (i)1.(j)1. The offender commits a felony of the third
1590 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1591 775.084, if the offender trespasses with the intent to injure
1592 another person, damage property, or impede the operation or use
1593 of an aircraft, runway, taxiway, ramp, or apron area, and the
1594 property trespassed upon is the operational area of an airport
1595 that is legally posted and identified in substantially the
1596 following manner: “THIS AREA IS A DESIGNATED OPERATIONAL AREA OF
1597 AN AIRPORT, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A
1598 FELONY.”
1599 2. For purposes of this paragraph, the term “operational
1600 area of an airport” means any portion of an airport to which
1601 access by the public is prohibited by fences or appropriate
1602 signs and includes runways, taxiways, ramps, apron areas,
1603 aircraft parking and storage areas, fuel storage areas,
1604 maintenance areas, and any other area of an airport used or
1605 intended to be used for landing, takeoff, or surface maneuvering
1606 of aircraft.
1607 (j) The offender commits a felony of the third degree,
1608 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
1609 if the offender trespasses with the intent to commit a crime on
1610 commercial agricultural property that is legally posted and
1611 identified by signs in letters of at least 2 inches at each
1612 pedestrian and vehicle entrance in substantially the following
1613 manner: “THIS AREA IS A DESIGNATED COMMERCIAL AGRICULTURAL
1614 PROPERTY, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A
1615 FELONY.”
1616 1. A first-time offender who is under 18 years of age at
1617 the time he or she commits the crime specified in this paragraph
1618 must be given the option of participating in a diversion program
1619 described in s. 958.12, s. 985.125, s. 985.155, or s. 985.16 or
1620 a program to which a referral is made by a state attorney under
1621 s. 985.15.
1622 2. For the purpose of this paragraph, the term “commercial
1623 agricultural property” means property cleared of its natural
1624 vegetation or fenced for the purposes of planting, growing,
1625 harvesting, processing, raising, producing, or storing plant or
1626 animal commercial commodities.
1627 Section 39. Subsection (5) is added to section 1003.24,
1628 Florida Statutes, to read:
1629 1003.24 Parents responsible for attendance of children;
1630 attendance policy.—Each parent of a child within the compulsory
1631 attendance age is responsible for the child’s school attendance
1632 as required by law. The absence of a student from school is
1633 prima facie evidence of a violation of this section; however,
1634 criminal prosecution under this chapter may not be brought
1635 against a parent until the provisions of s. 1003.26 have been
1636 complied with. A parent of a student is not responsible for the
1637 student’s nonattendance at school under any of the following
1638 conditions:
1639 (5) AGRICULTURAL SCHOOL ACTIVITIES.—
1640 (a) A student who participates in an activity or program
1641 sponsored by 4-H or Future Farmers of America (FFA) must be
1642 credited with an excused absence by the school in which he or
1643 she is enrolled in the same manner as any other excused absence
1644 is credited. Any such participation in an activity or program
1645 sponsored by 4-H or FFA may not be counted as an unexcused
1646 absence, for any day, portion of a day, or days missed from
1647 school.
1648 (b) Upon request from a school principal or the principal’s
1649 designee, a 4-H or FFA representative shall provide
1650 documentation as proof of a student’s participation in an
1651 activity or program sponsored by 4-H or FFA.
1652 (c) As used in this subsection, the term “4-H
1653 representative” means an individual officially recognized or
1654 designated by the Florida Cooperative Extension Service 4-H
1655 Program as a 4-H professional or a 4-H adult volunteer.
1656
1657 Each district school board shall establish an attendance policy
1658 that includes, but is not limited to, the required number of
1659 days each school year that a student must be in attendance and
1660 the number of absences and tardinesses after which a statement
1661 explaining such absences and tardinesses must be on file at the
1662 school. Each school in the district must determine if an absence
1663 or tardiness is excused or unexcused according to criteria
1664 established by the district school board.
1665 Section 40. Paragraph (b) of subsection (2) of section
1666 379.3004, Florida Statutes, is amended to read:
1667 379.3004 Voluntary Authorized Hunter Identification
1668 Program.—
1669 (2) Any person hunting on private land enrolled in the
1670 Voluntary Authorized Hunter Identification Program shall have
1671 readily available on the land at all times when hunting on the
1672 property written authorization from the owner or his or her
1673 authorized representative to be on the land for the purpose of
1674 hunting. The written authorization shall be presented on demand
1675 to any law enforcement officer, the owner, or the authorized
1676 agent of the owner.
1677 (b) Failure by any person hunting on private land enrolled
1678 in the program to present written authorization to hunt on that
1679 said land to any law enforcement officer or the owner or
1680 representative thereof within 7 days after of demand shall be
1681 prima facie evidence of violation of s. 810.09(2)(b) s.
1682 810.09(2)(c), punishable as provided in s. 775.082, s. 775.083,
1683 or s. 775.084. However, such evidence may be contradicted or
1684 rebutted by other evidence.
1685 Section 41. Paragraph (c) of subsection (2) of section
1686 812.014, Florida Statutes, is amended to read:
1687 812.014 Theft.—
1688 (2)
1689 (c) It is grand theft of the third degree and a felony of
1690 the third degree, punishable as provided in s. 775.082, s.
1691 775.083, or s. 775.084, if the property stolen is:
1692 1. Valued at $750 or more, but less than $5,000.
1693 2. Valued at $5,000 or more, but less than $10,000.
1694 3. Valued at $10,000 or more, but less than $20,000.
1695 4. A will, codicil, or other testamentary instrument.
1696 5. A firearm, except as provided in paragraph (f).
1697 6. A motor vehicle, except as provided in paragraph (a).
1698 7. Any commercially farmed animal, including any animal of
1699 the equine, avian, bovine, or swine class or other grazing
1700 animal; a bee colony of a registered beekeeper; and aquaculture
1701 species raised at a certified aquaculture facility. If the
1702 property stolen is a commercially farmed animal, including an
1703 animal of the equine, avian, bovine, or swine class or other
1704 grazing animal; a bee colony of a registered beekeeper; or an
1705 aquaculture species raised at a certified aquaculture facility,
1706 a $10,000 fine shall be imposed.
1707 8. Any fire extinguisher that, at the time of the taking,
1708 was installed in any building for the purpose of fire prevention
1709 and control. This subparagraph does not apply to a fire
1710 extinguisher taken from the inventory at a point-of-sale
1711 business.
1712 9. Any amount of citrus fruit consisting of 2,000 or more
1713 individual pieces of fruit.
1714 10. Taken from a designated construction site identified by
1715 the posting of a sign as provided for in s. 810.09(2)(c) s.
1716 810.09(2)(d).
1717 11. Any stop sign.
1718 12. Anhydrous ammonia.
1719 13. Any amount of a controlled substance as defined in s.
1720 893.02. Notwithstanding any other law, separate judgments and
1721 sentences for theft of a controlled substance under this
1722 subparagraph and for any applicable possession of controlled
1723 substance offense under s. 893.13 or trafficking in controlled
1724 substance offense under s. 893.135 may be imposed when all such
1725 offenses involve the same amount or amounts of a controlled
1726 substance.
1727
1728 However, if the property is stolen during a riot or an
1729 aggravated riot prohibited under s. 870.01 and the perpetration
1730 of the theft is facilitated by conditions arising from the riot;
1731 or within a county that is subject to a state of emergency
1732 declared by the Governor under chapter 252, the property is
1733 stolen after the declaration of emergency is made, and the
1734 perpetration of the theft is facilitated by conditions arising
1735 from the emergency, the offender commits a felony of the second
1736 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1737 775.084, if the property is valued at $5,000 or more, but less
1738 than $10,000, as provided under subparagraph 2., or if the
1739 property is valued at $10,000 or more, but less than $20,000, as
1740 provided under subparagraph 3. As used in this paragraph, the
1741 terms “conditions arising from a riot” and “conditions arising
1742 from the emergency” have the same meanings as provided in
1743 paragraph (b). A person arrested for committing a theft during a
1744 riot or an aggravated riot or within a county that is subject to
1745 a state of emergency may not be released until the person
1746 appears before a committing magistrate at a first appearance
1747 hearing. For purposes of sentencing under chapter 921, a felony
1748 offense that is reclassified under this paragraph is ranked one
1749 level above the ranking under s. 921.0022 or s. 921.0023 of the
1750 offense committed.
1751 Section 42. Paragraphs (b) and (c) of subsection (3) of
1752 section 921.0022, Florida Statutes, are amended to read:
1753 921.0022 Criminal Punishment Code; offense severity ranking
1754 chart.—
1755 (3) OFFENSE SEVERITY RANKING CHART
1756 (b) LEVEL 2
1757
1758 FloridaStatute FelonyDegree Description
1759 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
1760 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
1761 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.
1762 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
1763 590.28(1) 3rd Intentional burning of lands.
1764 784.03(3) 3rd Battery during a riot or an aggravated riot.
1765 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
1766 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
1767 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
1768 806.13(3) 3rd Criminal mischief; damage of $200 or more to a memorial or historic property.
1769 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
1770 810.09(2)(d) 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
1771 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000.
1772 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling.
1773 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
1774 817.234(1)(a)2. 3rd False statement in support of insurance claim.
1775 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
1776 817.52(3) 3rd Failure to redeliver hired vehicle.
1777 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
1778 817.60(5) 3rd Dealing in credit cards of another.
1779 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
1780 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
1781 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
1782 831.01 3rd Forgery.
1783 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
1784 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
1785 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
1786 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
1787 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
1788 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
1789 843.01(2) 3rd Resist police canine or police horse with violence; under certain circumstances.
1790 843.08 3rd False personation.
1791 843.19(3) 3rd Touch or strike police, fire, SAR canine or police horse.
1792 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.
1793 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
1794
1795 (c) LEVEL 3
1796
1797 FloridaStatute FelonyDegree Description
1798 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
1799 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
1800 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
1801 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
1802 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
1803 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
1804 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
1805 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
1806 327.35(2)(b) 3rd Felony BUI.
1807 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
1808 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
1809 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
1810 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.
1811 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.
1812 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
1813 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
1814 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
1815 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
1816 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
1817 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
1818 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
1819 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
1820 697.08 3rd Equity skimming.
1821 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
1822 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.
1823 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
1824 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
1825 810.09(2)(b) 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
1826 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
1827 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
1828 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
1829 812.081(2) 3rd Theft of a trade secret.
1830 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
1831 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
1832 817.233 3rd Burning to defraud insurer.
1833 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
1834 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
1835 817.236 3rd Filing a false motor vehicle insurance application.
1836 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
1837 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
1838 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
1839 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
1840 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
1841 836.13(2) 3rd Person who promotes an altered sexual depiction of an identifiable person without consent.
1842 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
1843 860.15(3) 3rd Overcharging for repairs and parts.
1844 870.01(2) 3rd Riot.
1845 870.01(4) 3rd Inciting a riot.
1846 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).
1847 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.
1848 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.
1849 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
1850 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
1851 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
1852 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
1853 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
1854 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
1855 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.
1856 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.
1857 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
1858 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.
1859 918.13(1) 3rd Tampering with or fabricating physical evidence.
1860 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
1861 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
1862 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
1863
1864 Section 43. For the purpose of incorporating the amendment
1865 made by this act to section 493.6113, Florida Statutes, in a
1866 reference thereto, subsection (6) of section 493.6115, Florida
1867 Statutes, is reenacted to read:
1868 493.6115 Weapons and firearms.—
1869 (6) In addition to any other firearm approved by the
1870 department, a licensee who has been issued a Class “G” license
1871 may carry a .38 caliber revolver; or a .380 caliber or 9
1872 millimeter semiautomatic pistol; or a .357 caliber revolver with
1873 .38 caliber ammunition only; or a .40 caliber handgun; or a .45
1874 ACP handgun while performing duties authorized under this
1875 chapter. A licensee may not carry more than two firearms upon
1876 her or his person when performing her or his duties. A licensee
1877 may only carry a firearm of the specific type and caliber with
1878 which she or he is qualified pursuant to the firearms training
1879 referenced in subsection (8) or s. 493.6113(3)(b).
1880 Section 44. For the purpose of incorporating the amendment
1881 made by this act to section 496.405, Florida Statutes, in
1882 references thereto, subsection (2) of section 496.4055, Florida
1883 Statutes, is reenacted to read:
1884 496.4055 Charitable organization or sponsor board duties.—
1885 (2) The board of directors, or an authorized committee
1886 thereof, of a charitable organization or sponsor required to
1887 register with the department under s. 496.405 shall adopt a
1888 policy regarding conflict of interest transactions. The policy
1889 shall require annual certification of compliance with the policy
1890 by all directors, officers, and trustees of the charitable
1891 organization. A copy of the annual certification shall be
1892 submitted to the department with the annual registration
1893 statement required by s. 496.405.
1894 Section 45. For the purpose of incorporating the amendment
1895 made by this act to section 559.905, Florida Statutes, in a
1896 reference thereto, paragraph (b) of subsection (1) of section
1897 559.907, Florida Statutes, is reenacted to read:
1898 559.907 Charges for motor vehicle repair estimate;
1899 requirement of waiver of rights prohibited.—
1900 (1) No motor vehicle repair shop shall charge for making a
1901 repair price estimate unless, prior to making the price
1902 estimate, the shop:
1903 (b) Obtains authorization on the written repair estimate,
1904 in accordance with s. 559.905, to prepare an estimate. No motor
1905 vehicle repair shop shall impose or threaten to impose any such
1906 charge which is clearly excessive in relation to the work
1907 involved in making the price estimate.
1908 Section 46. For the purpose of incorporating the amendment
1909 made by this act to section 585.01, Florida Statutes, in a
1910 reference thereto, subsection (6) of section 468.382, Florida
1911 Statutes, is reenacted to read:
1912 468.382 Definitions.—As used in this act, the term:
1913 (6) “Livestock” means any animal included in the definition
1914 of “livestock” by s. 585.01 or s. 588.13.
1915 Section 47. For the purpose of incorporating the amendment
1916 made by this act to section 585.01, Florida Statutes, in a
1917 reference thereto, subsection (3) of section 534.47, Florida
1918 Statutes, is reenacted to read:
1919 534.47 Definitions.—As used in ss. 534.48-534.54, the term:
1920 (3) “Livestock” has the same meaning as in s. 585.01(13).
1921 Section 48. For the purpose of incorporating the amendment
1922 made by this act to section 585.01, Florida Statutes, in a
1923 reference thereto, section 767.01, Florida Statutes, is
1924 reenacted to read:
1925 767.01 Dog owner’s liability for damages to persons,
1926 domestic animals, or livestock.—Owners of dogs shall be liable
1927 for any damage done by their dogs to a person or to any animal
1928 included in the definitions of “domestic animal” and “livestock”
1929 as provided by s. 585.01.
1930 Section 49. For the purpose of incorporating the amendment
1931 made by this act to section 585.01, Florida Statutes, in a
1932 reference thereto, section 767.03, Florida Statutes, is
1933 reenacted to read:
1934 767.03 Good defense for killing dog.—In any action for
1935 damages or of a criminal prosecution against any person for
1936 killing or injuring a dog, satisfactory proof that said dog had
1937 been or was killing any animal included in the definitions of
1938 “domestic animal” and “livestock” as provided by s. 585.01 shall
1939 constitute a good defense to either of such actions.
1940 Section 50. Except as otherwise expressly provided in this
1941 act and except for this section, which shall take effect upon
1942 this act becoming a law, this act shall take effect July 1,
1943 2024.