Bill Text: FL S0382 | 2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Department of Agriculture and Consumer Services [EPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2010-04-30 - In Messages; Died in Messages, companion bill(s) passed, see HB 5 (Ch. 2010-230) [S0382 Detail]

Download: Florida-2010-S0382-Comm_Sub.html

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Florida Senate - 2010                CS for CS for CS for SB 382 
 
By the Committees on Health Regulation; Community Affairs; and 
Agriculture; and Senator Dean 
588-05226A-10                                          2010382c3 
1                        A bill to be entitled 
2         An act relating to the Department of Agriculture and 
3         Consumer Services; amending s. 369.20, F.S.; requiring 
4         the Fish and Wildlife Conservation Commission to enter 
5         into an agreement with the Department of Environmental 
6         Protection relating to the uniform application of 
7         pesticides to the waters of the state; revising 
8         exemptions from water pollution permits; amending s. 
9         373.1391, F.S.; requiring that the agricultural use of 
10         land present at the time of fee simple acquisition be 
11         given priority regarding the management of the land; 
12         amending s. 403.088, F.S.; requiring a permit for 
13         applying pesticide to the waters of the state; 
14         requiring the Department of Environmental Protection 
15         to enter into agreements with the Department of 
16         Agriculture and Consumer Services and the Fish and 
17         Wildlife Conservation Commission relating to the 
18         uniform application of pesticides to the waters of the 
19         state; providing a temporary deviation from the acute 
20         toxicity provisions provided by rule for pesticide 
21         application under certain circumstances; amending s. 
22         403.9336, F.S.; revising a reference to the Model 
23         Ordinance for Florida-Friendly Fertilizer Use on Urban 
24         Landscapes; amending s. 487.163, F.S.; requiring the 
25         Department of Agriculture and Consumer Services to 
26         enter into an agreement with the Department of 
27         Environmental Protection relating to the uniform 
28         application of pesticides to the waters of the state; 
29         amending s. 493.6102, F.S.; specifying that provisions 
30         regulating security officers do not apply to certain 
31         law enforcement, correctional, and probation officers 
32         performing off-duty activities; amending s. 493.6105, 
33         F.S.; revising the application requirements and 
34         procedures for certain private investigative, private 
35         security, recovery agent, and firearm licenses; 
36         specifying application requirements for firearms 
37         instructor licenses; amending s. 493.6106, F.S.; 
38         revising citizenship requirements and documentation 
39         for certain private investigative, private security, 
40         and recovery agent licenses; prohibiting the licensure 
41         of applicants for a statewide firearm license or 
42         firearms instructor license who are prohibited from 
43         purchasing or possessing firearms; requiring that 
44         private investigative, security, and recovery agencies 
45         notify the Department of Agriculture and Consumer 
46         Services of changes to their branch office locations; 
47         amending s. 493.6107, F.S.; requiring the department 
48         to accept certain methods of payment for certain fees; 
49         amending s. 493.6108, F.S.; revising requirements for 
50         criminal history checks of license applicants whose 
51         fingerprints are not legible; requiring the 
52         investigation of the mental and emotional fitness of 
53         applicants for firearms instructor licenses; amending 
54         s. 493.6111, F.S.; requiring a security officer school 
55         or recovery agent school to obtain the department’s 
56         approval for use of a fictitious name; specifying that 
57         a licensee may not conduct business under more than 
58         one fictitious name; amending s. 493.6113, F.S.; 
59         revising application renewal procedures and 
60         requirements; amending s. 493.6115, F.S.; conforming 
61         cross-references; amending s. 493.6118, F.S.; 
62         authorizing disciplinary action against statewide 
63         firearm licensees and firearms instructor licensees 
64         who are prohibited from purchasing or possessing 
65         firearms; amending s. 493.6121, F.S.; deleting 
66         provisions for the department’s access to certain 
67         criminal history records provided to licensed gun 
68         dealers, manufacturers, and exporters; amending s. 
69         493.6202, F.S.; requiring the department to accept 
70         certain methods of payment for certain fees; amending 
71         s. 493.6203, F.S.; prohibiting bodyguard services from 
72         being credited toward certain license requirements; 
73         revising the training requirements for private 
74         investigator intern license applicants; requiring the 
75         automatic suspension of an intern’s license under 
76         certain circumstances; providing an exception; 
77         amending s. 493.6302, F.S.; requiring the department 
78         to accept certain methods of payment for certain fees; 
79         amending s. 493.6303, F.S.; revising the training 
80         requirements for security officer license applicants; 
81         amending s. 493.6304, F.S.; revising application 
82         requirements and procedures for security officer 
83         school licenses; amending s. 493.6401, F.S.; revising 
84         terminology for recovery agent schools and training 
85         facilities; amending s. 493.6402, F.S.; revising 
86         terminology for recovery agent schools and training 
87         facilities; requiring the department to accept certain 
88         methods of payment for certain fees; amending s. 
89         493.6406, F.S.; revising terminology; requiring 
90         recovery agent school and instructor licenses; 
91         providing license application requirements and 
92         procedures; amending s. 500.033, F.S.; revising the 
93         membership of the Florida Food Safety and Food Defense 
94         Advisory Council; amending ss. 501.605 and 501.607, 
95         F.S.; revising application requirements for commercial 
96         telephone seller and salesperson licenses; amending s. 
97         501.913, F.S.; specifying the sample size required for 
98         antifreeze registration application; amending s. 
99         525.01, F.S.; revising requirements for petroleum fuel 
100         affidavits; amending s. 525.09, F.S.; imposing an 
101         inspection fee on certain alternative fuels containing 
102         alcohol; amending s. 526.50, F.S.; defining terms 
103         applicable to regulation of the sale of brake fluid; 
104         amending s. 526.51, F.S.; revising application 
105         requirements for brake fluid permits; amending s. 
106         526.52, F.S.; revising requirements for printed 
107         statements on brake fluid containers; amending s. 
108         526.53, F.S.; revising requirements and procedures for 
109         brake fluid stop-sale orders; authorizing businesses 
110         to dispose of unregistered brake fluid under certain 
111         circumstances; amending s. 527.0201, F.S.; revising 
112         requirements for liquefied petroleum gas qualifying 
113         examinations; increasing continuing education 
114         requirements for certain liquefied petroleum gas 
115         qualifiers; amending s. 527.12, F.S.; providing for 
116         the issuance of certain stop orders; amending ss. 
117         559.805 and 559.928, F.S.; deleting social security 
118         numbers as a listing requirement on registration 
119         affidavits for independent agents of sellers of 
120         business opportunities; amending s. 570.0725, F.S.; 
121         revising provisions for public information about food 
122         banks and similar food recovery programs; authorizing 
123         the department to adopt rules; amending ss. 570.53 and 
124         570.54, F.S.; conforming cross-references; amending s. 
125         570.55, F.S.; revising requirements for identifying 
126         sellers or handlers of tropical or subtropical fruit 
127         or vegetables; amending s. 570.902, F.S.; conforming 
128         terminology to the repeal by the act of provisions 
129         establishing the Florida Agricultural Museum; amending 
130         s. 570.903, F.S.; revising provisions for direct 
131         support organizations for certain agricultural 
132         programs to conform to the repeal by the act of 
133         provisions establishing the Florida Agricultural 
134         Museum; deleting provisions for a direct-support 
135         organization for the Florida State Collection of 
136         Arthropods; amending s. 573.118, F.S.; requiring the 
137         department to maintain records of marketing orders; 
138         requiring an audit at the request of an advisory 
139         council; requiring that the advisory council receive a 
140         copy of the audit within a specified time; amending s. 
141         581.011, F.S.; deleting terminology relating to the 
142         Florida State Collection of Arthropods; revising the 
143         term “nursery” for purposes of plant industry 
144         regulations; amending s. 581.211, F.S.; increasing the 
145         maximum fine for violations of plant industry 
146         regulations; amending s. 583.13, F.S.; deleting a 
147         prohibition on the sale of poultry without displaying 
148         the poultry grade; amending s. 585.61, F.S.; 
149         designating the animal disease diagnostic laboratory 
150         complex in Osceola County; amending s. 590.125, F.S.; 
151         revising terminology for open burning authorizations; 
152         specifying purposes of certified prescribed burning; 
153         requiring the authorization of the Division of 
154         Forestry for certified pile burning; providing pile 
155         burning requirements; limiting the liability of 
156         property owners or agents engaged in pile burning; 
157         providing for the certification of pile burners; 
158         providing penalties for violations by certified pile 
159         burners; requiring rules; authorizing the division to 
160         adopt rules regulating certified pile burning; 
161         revising notice requirements for wildfire hazard 
162         reduction treatments; providing for approval of local 
163         government open burning authorization programs; 
164         providing program requirements; authorizing the 
165         division to close local government programs under 
166         certain circumstances; providing penalties for 
167         violations of local government open burning 
168         requirements; amending s. 590.14, F.S.; authorizing 
169         fines for violations of any division rule; providing 
170         penalties for certain violations; providing 
171         legislative intent; amending s. 599.004, F.S.; 
172         revising standards that a winery must meet to qualify 
173         as a certified Florida Farm Winery; amending s. 
174         604.15, F.S.; revising the term “agricultural 
175         products” to make tropical foliage exempt from 
176         regulation under provisions relating to dealers in 
177         agricultural products; defining the term “responsible 
178         position”; amending s. 604.19, F.S.; revising 
179         requirements for late fees on agricultural products 
180         dealer applications; amending s. 604.25, F.S.; 
181         revising conditions under which the department may 
182         deny, refuse to renew, suspend, or revoke agricultural 
183         products dealer licenses; deleting a provision 
184         prohibiting certain persons from holding a responsible 
185         position with a licensee; amending s. 616.242, F.S.; 
186         authorizing the issuance of stop-operation orders for 
187         amusement rides under certain circumstances; amending 
188         s. 624.4095, F.S.; prohibiting certain gross written 
189         premiums for federal multiple-peril crop insurance 
190         from being included in certain insurer calculations; 
191         amending s. 686.201, F.S.; exempting contracts to 
192         which a seller of travel is a party from provisions 
193         governing certain contracts involving commissions; 
194         amending s. 790.06, F.S.; authorizing a concealed 
195         firearm license applicant to submit fingerprints 
196         administered by the Division of Licensing; repealing 
197         ss. 570.071 and 570.901, F.S., relating to the Florida 
198         Agricultural Exposition and the Florida Agricultural 
199         Museum; creating s. 828.126, F.S.; providing a 
200         definition for the term “sexual activities” as it 
201         involves animals; prohibiting persons from engaging in 
202         sexual activities with animals; providing penalties; 
203         providing that such prohibition does not apply to 
204         normal and ordinary animal husbandry practices, 
205         conformation judging practices, or accepted veterinary 
206         medical practices; requiring that the department and 
207         representatives of the state pest control industry 
208         prepare a report for the President of the Senate, the 
209         Speaker of the House of Representatives, and the 
210         chairpersons of specified legislative committees by a 
211         certain date; requiring that the report include 
212         recommendations for changes in the law to provide for 
213         disciplinary action against licensees of the pest 
214         control industry under certain circumstances; 
215         providing that the report may also address additional 
216         issues of concern to members of the industry; 
217         providing an effective date. 
218 
219  Be It Enacted by the Legislature of the State of Florida: 
220 
221         Section 1. Subsections (4) and (9) of section 369.20, 
222  Florida Statutes, are amended to read: 
223         369.20 Florida Aquatic Weed Control Act.— 
224         (4) The commission shall also promote, develop, and support 
225  research activities directed toward the more effective and 
226  efficient control of aquatic plants. In the furtherance of this 
227  purpose, the commission may is authorized to: 
228         (a) Accept donations and grants of funds and services from 
229  both public and private sources; 
230         (b) Contract or enter into agreements with public or 
231  private agencies or corporations for research and development of 
232  aquatic plant control methods or for the performance of aquatic 
233  plant control activities. The commission may enter into an 
234  agreement with the Department of Environmental Protection to 
235  ensure the uniform regulation of pesticides applied to the 
236  waters of the state, including provision for coordinating agency 
237  staff and resources, through the implementation of permitting, 
238  compliance, and enforcement activities under ss. 403.088 and 
239  403.0885; 
240         (c) Construct, acquire, operate, and maintain facilities 
241  and equipment; and 
242         (d) Enter upon, or authorize the entry upon, private 
243  property for purposes of making surveys and examinations and to 
244  engage in aquatic plant control activities; and such entry shall 
245  not be deemed a trespass. 
246         (9) A permit issued pursuant to this section for The 
247  application of herbicides to waters of in the state for the 
248  control of aquatic plants, algae, or invasive exotic plants is 
249  exempt from the requirement to obtain a water pollution 
250  operation permit except as provided in ss. pursuant to s. 
251  403.088 and 403.0885. 
252         Section 2. Paragraph (d) of subsection (1) of section 
253  373.1391, Florida Statutes, is amended to read: 
254         373.1391 Management of real property.— 
255         (1) 
256         (d) For any fee simple acquisition of a parcel which is or 
257  will be leased back for agricultural purposes, or for any 
258  acquisition of a less-than-fee interest in lands that is or will 
259  be used for agricultural purposes, the district governing board 
260  shall first consider having a soil and water conservation 
261  district created pursuant to chapter 582 manage and monitor such 
262  interest. Priority shall be given to the agricultural use 
263  present at the time of fee simple acquisition of the parcel. 
264         Section 3. Subsection (1) of section 403.088, Florida 
265  Statutes, is amended to read: 
266         403.088 Water pollution operation permits; conditions.— 
267         (1) No person, Without the written authorization of the 
268  department, a person may not shall discharge any waste into the 
269  waters of within the state any waste which, by itself or in 
270  combination with the wastes of other sources, reduces the 
271  quality of the receiving waters below the classification 
272  established for such waters them. However, this section does 
273  shall not be deemed to prohibit the application of pesticides to 
274  such waters in the state for the control of insects, aquatic 
275  weeds, or algae, or other pests if provided the application is 
276  performed in accordance with this section: 
277         (a) Upon execution of the agreement provided in s. 
278  487.163(3), the department may develop a permit or other 
279  authorization as required by 33 U.S.C. s. 1342 for the 
280  application of pesticides. A person must obtain such permit or 
281  other authorization before applying pesticides to the waters of 
282  the state. 
283         (b) In consultation with the Department of Agriculture and 
284  Consumer Services and the Fish and Wildlife Conservation 
285  Commission, the department shall also develop a general permit 
286  under s. 403.0885(2) for the application of pesticides. 
287         (c) The department shall also enter into agreements with 
288  the Department of Agriculture and Consumer Services pursuant to 
289  a program approved by the Department of Health, in the case of 
290  insect or other pest control, and with or the Fish and Wildlife 
291  Conservation Commission, in the case of aquatic weed, other 
292  aquatic pests, or algae control. The department is directed to 
293  enter into interagency agreements to establish the procedures 
294  for program approval. Such agreements must shall provide for 
295  public health, welfare, and safety, as well as environmental 
296  factors, and must ensure the uniform regulation of pesticides 
297  applied to waters of the state, including provisions for the 
298  coordination of agency staff and resources, through the 
299  implementation of permitting, compliance, and enforcement 
300  activities under this section and s. 403.0885. Pesticides that 
301  are Approved programs must provide that only chemicals approved 
302  for a the particular use by the United States Environmental 
303  Protection Agency or by the Department of Agriculture and 
304  Consumer Services may be employed and that they be applied in 
305  accordance with registered label instructions, state standards 
306  for such application, including any permit or other 
307  authorization required by this subsection, and the provisions of 
308  the Florida Pesticide Law, part I of chapter 487, are allowed a 
309  temporary deviation from the acute toxicity provisions of the 
310  department’s water quality rule, not to exceed the time 
311  necessary to control the target pests, only if the application 
312  does not reduce the quality of the receiving waters below the 
313  classification for such waters and is not likely to adversely 
314  affect any threatened or endangered species. 
315         Section 4. Section 403.9336, Florida Statutes, is amended 
316  to read: 
317         403.9336 Legislative findings.—The Legislature finds that 
318  the implementation of the Model Ordinance for Florida-Friendly 
319  Fertilizer Use on Urban Landscapes (2008), which was developed 
320  by the department in conjunction with the Florida Consumer 
321  Fertilizer Task Force, the Department of Agriculture and 
322  Consumer Services, and the University of Florida Institute of 
323  Food and Agricultural Sciences, will assist in protecting the 
324  quality of Florida’s surface water and groundwater resources. 
325  The Legislature further finds that local conditions, including 
326  variations in the types and quality of water bodies, site 
327  specific soils and geology, and urban or rural densities and 
328  characteristics, may necessitate the implementation of 
329  additional or more stringent fertilizer management practices at 
330  the local government level. 
331         Section 5. Subsection (3) is added to section 487.163, 
332  Florida Statutes, to read: 
333         487.163 Information; interagency cooperation.— 
334         (3) The department shall enter into an agreement with the 
335  Department of Environmental Protection to ensure the uniform 
336  regulation of pesticides applied to waters of the state, 
337  including provisions for the coordination of agency staff and 
338  resources, through the implementation of permitting, compliance, 
339  and enforcement activities under ss. 403.088 and 403.0885. 
340         Section 6. Subsection (1) of section 493.6102, Florida 
341  Statutes, is amended to read: 
342         493.6102 Inapplicability of this chapter.—This chapter 
343  shall not apply to: 
344         (1) An Any individual who is an “officer” as defined in s. 
345  943.10(14), or is a law enforcement officer of the United States 
346  Government, while such local, state, or federal officer is 
347  engaged in her or his official duties, or when performing off 
348  duty as a security officer provided such activity is activities 
349  approved by her or his superiors. 
350         Section 7. Section 493.6105, Florida Statutes, is amended 
351  to read: 
352         493.6105 Initial application for license.— 
353         (1) Each individual, partner, or principal officer in a 
354  corporation, shall file with the department a complete 
355  application accompanied by an application fee not to exceed $60, 
356  except that the applicant for a Class “D” or Class “G” license 
357  is shall not be required to submit an application fee. The 
358  application fee is shall not be refundable. 
359         (a) The application submitted by any individual, partner, 
360  or corporate officer must shall be approved by the department 
361  before the prior to that individual, partner, or corporate 
362  officer assumes assuming his or her duties. 
363         (b) Individuals who invest in the ownership of a licensed 
364  agency, but do not participate in, direct, or control the 
365  operations of the agency are shall not be required to file an 
366  application. 
367         (2) Each application must shall be signed and verified by 
368  the individual under oath as provided in s. 92.525 and shall be 
369  notarized. 
370         (3) The application must shall contain the following 
371  information concerning the individual signing the application 
372  same: 
373         (a) Name and any aliases. 
374         (b) Age and date of birth. 
375         (c) Place of birth. 
376         (d) Social security number or alien registration number, 
377  whichever is applicable. 
378         (e) Current Present residence address and his or her 
379  residence addresses within the 5 years immediately preceding the 
380  submission of the application. 
381         (f) Occupations held presently and within the 5 years 
382  immediately preceding the submission of the application. 
383         (f)(g) A statement of all criminal convictions, findings of 
384  guilt, and pleas of guilty or nolo contendere, regardless of 
385  adjudication of guilt. 
386         (g) One passport-type color photograph taken within the 6 
387  months immediately preceding submission of the application. 
388         (h) A statement whether he or she has ever been adjudicated 
389  incompetent under chapter 744. 
390         (i) A statement whether he or she has ever been committed 
391  to a mental institution under chapter 394. 
392         (j) A full set of fingerprints on a card provided by the 
393  department and a fingerprint fee to be established by rule of 
394  the department based upon costs determined by state and federal 
395  agency charges and department processing costs. An applicant who 
396  has, within the immediately preceding 6 months, submitted a 
397  fingerprint card and fee for licensing purposes under this 
398  chapter shall not be required to submit another fingerprint card 
399  or fee. 
400         (k) A personal inquiry waiver which allows the department 
401  to conduct necessary investigations to satisfy the requirements 
402  of this chapter. 
403         (l) Such further facts as may be required by the department 
404  to show that the individual signing the application is of good 
405  moral character and qualified by experience and training to 
406  satisfy the requirements of this chapter. 
407         (4) In addition to the application requirements outlined in 
408  subsection (3), the applicant for a Class “C,” Class “CC,” Class 
409  “E,” Class “EE,” or Class “G” license shall submit two color 
410  photographs taken within the 6 months immediately preceding the 
411  submission of the application, which meet specifications 
412  prescribed by rule of the department. All other applicants shall 
413  submit one photograph taken within the 6 months immediately 
414  preceding the submission of the application. 
415         (4)(5) In addition to the application requirements outlined 
416  under subsection (3), the applicant for a Class “C,” Class “E,” 
417  Class “M,” Class “MA,” Class “MB,” or Class “MR” license shall 
418  include a statement on a form provided by the department of the 
419  experience which he or she believes will qualify him or her for 
420  such license. 
421         (5)(6) In addition to the requirements outlined in 
422  subsection (3), an applicant for a Class “G” license shall 
423  satisfy minimum training criteria for firearms established by 
424  rule of the department, which training criteria shall include, 
425  but is not limited to, 28 hours of range and classroom training 
426  taught and administered by a Class “K” licensee; however, no 
427  more than 8 hours of such training shall consist of range 
428  training. If the applicant can show proof that he or she is an 
429  active law enforcement officer currently certified under the 
430  Criminal Justice Standards and Training Commission or has 
431  completed the training required for that certification within 
432  the last 12 months, or if the applicant submits one of the 
433  certificates specified in paragraph (6)(a) (7)(a), the 
434  department may waive the foregoing firearms training 
435  requirement. 
436         (6)(7) In addition to the requirements under subsection 
437  (3), an applicant for a Class “K” license shall: 
438         (a) Submit one of the following certificates: 
439         1. The Florida Criminal Justice Standards and Training 
440  Commission Firearms Instructor’s Certificate and confirmation by 
441  the commission that the applicant is authorized to provide 
442  firearms instruction. 
443         2. The National Rifle Association Law Enforcement Police 
444  Firearms Instructor’s Certificate. 
445         3. The National Rifle Association Security Firearms 
446  Instructor’s Certificate. 
447         3.4. A firearms instructor’s training certificate issued by 
448  any branch of the United States Armed Forces, from a federal law 
449  enforcement academy or agency, state, county, or municipal 
450  police academy in this state recognized as such by the Criminal 
451  Justice Standards and Training Commission or by the Department 
452  of Education. 
453         (b) Pay the fee for and pass an examination administered by 
454  the department which shall be based upon, but is not necessarily 
455  limited to, a firearms instruction manual provided by the 
456  department. 
457         (7)(8) In addition to the application requirements for 
458  individuals, partners, or officers outlined under subsection 
459  (3), the application for an agency license shall contain the 
460  following information: 
461         (a) The proposed name under which the agency intends to 
462  operate. 
463         (b) The street address, mailing address, and telephone 
464  numbers of the principal location at which business is to be 
465  conducted in this state. 
466         (c) The street address, mailing address, and telephone 
467  numbers of all branch offices within this state. 
468         (d) The names and titles of all partners or, in the case of 
469  a corporation, the names and titles of its principal officers. 
470         (8)(9) Upon submission of a complete application, a Class 
471  “CC,” Class “C,” Class “D,” Class “EE,” Class “E,” Class “M,” 
472  Class “MA,” Class “MB,” or Class “MR” applicant may commence 
473  employment or appropriate duties for a licensed agency or branch 
474  office. However, the Class “C” or Class “E” applicant must work 
475  under the direction and control of a sponsoring licensee while 
476  his or her application is being processed. If the department 
477  denies application for licensure, the employment of the 
478  applicant must be terminated immediately, unless he or she 
479  performs only unregulated duties. 
480         Section 8. Paragraph (f) of subsection (1) and paragraph 
481  (a) of subsection (2) of section 493.6106, Florida Statutes, are 
482  amended, and paragraph (g) is added to subsection (1) of that 
483  section, to read: 
484         493.6106 License requirements; posting.— 
485         (1) Each individual licensed by the department must: 
486         (f) Be a citizen or permanent legal resident alien of the 
487  United States or have appropriate been granted authorization 
488  issued to seek employment in this country by the United States 
489  Bureau of Citizenship and Immigration Services of the United 
490  States Department of Homeland Security. 
491         1. An applicant for a Class “C,” Class “CC,” Class “D,” 
492  Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class 
493  “MB,” Class “MR,” or Class “RI” license who is not a United 
494  States citizen must submit proof of current employment 
495  authorization issued by the Citizenship and Immigration Services 
496  or proof that she or he is deemed a permanent legal resident 
497  alien by the Citizenship and Immigration Services. 
498         2. An applicant for a Class “G” or Class “K” license who is 
499  not a United States citizen must submit proof that she or he is 
500  deemed a permanent legal resident alien by the Citizenship and 
501  Immigration Services, together with additional documentation 
502  establishing that she or he has resided in the state of 
503  residence shown on the application for at least 90 consecutive 
504  days before the date that the application is submitted. 
505         3. An applicant for an agency or school license who is not 
506  a United States citizen or permanent legal resident alien must 
507  submit documentation issued by the Citizenship and Immigration 
508  Services stating that she or he is lawfully in the United States 
509  and is authorized to own and operate the type of agency or 
510  school for which she or he is applying. An employment 
511  authorization card issued by the Citizenship and Immigration 
512  Services is not sufficient documentation. 
513         (g) Not be prohibited from purchasing or possessing a 
514  firearm by state or federal law if the individual is applying 
515  for a Class “G” license or a Class “K” license. 
516         (2) Each agency shall have a minimum of one physical 
517  location within this state from which the normal business of the 
518  agency is conducted, and this location shall be considered the 
519  primary office for that agency in this state. 
520         (a) If an agency or branch office desires to change the 
521  physical location of the business, as it appears on the agency 
522  license, the department must be notified within 10 days of the 
523  change, and, except upon renewal, the fee prescribed in s. 
524  493.6107 must be submitted for each license requiring revision. 
525  Each license requiring revision must be returned with such 
526  notification. 
527         Section 9. Subsection (3) of section 493.6107, Florida 
528  Statutes, is amended to read: 
529         493.6107 Fees.— 
530         (3) The fees set forth in this section must be paid by 
531  certified check or money order or, at the discretion of the 
532  department, by agency check at the time the application is 
533  approved, except that the applicant for a Class “G” or Class “M” 
534  license must pay the license fee at the time the application is 
535  made. If a license is revoked or denied or if the application is 
536  withdrawn, the license fee shall not be refunded. 
537         Section 10. Paragraph (a) of subsection (1) and subsection 
538  (3) of section 493.6108, Florida Statutes, are amended to read: 
539         493.6108 Investigation of applicants by Department of 
540  Agriculture and Consumer Services.— 
541         (1) Except as otherwise provided, prior to the issuance of 
542  a license under this chapter, the department shall make an 
543  investigation of the applicant for a license. The investigation 
544  shall include: 
545         (a)1. An examination of fingerprint records and police 
546  records. When a criminal history analysis of any applicant under 
547  this chapter is performed by means of fingerprint card 
548  identification, the time limitations prescribed by s. 120.60(1) 
549  shall be tolled during the time the applicant’s fingerprint card 
550  is under review by the Department of Law Enforcement or the 
551  United States Department of Justice, Federal Bureau of 
552  Investigation. 
553         2. If a legible set of fingerprints, as determined by the 
554  Department of Law Enforcement or the Federal Bureau of 
555  Investigation, cannot be obtained after two attempts, the 
556  Department of Agriculture and Consumer Services may determine 
557  the applicant’s eligibility based upon a criminal history record 
558  check under the applicant’s name conducted by the Department of 
559  Law Enforcement if the and the Federal Bureau of Investigation. 
560  A set of fingerprints are taken by a law enforcement agency or 
561  the department and the applicant submits a written statement 
562  signed by the fingerprint technician or a licensed physician 
563  stating that there is a physical condition that precludes 
564  obtaining a legible set of fingerprints or that the fingerprints 
565  taken are the best that can be obtained is sufficient to meet 
566  this requirement. 
567         (3) The department shall also investigate the mental 
568  history and current mental and emotional fitness of any Class 
569  “G” or Class “K” applicant, and may deny a Class “G” or Class 
570  “K” license to anyone who has a history of mental illness or 
571  drug or alcohol abuse. 
572         Section 11. Subsection (4) of section 493.6111, Florida 
573  Statutes, is amended to read: 
574         493.6111 License; contents; identification card.— 
575         (4) Notwithstanding the existence of a valid Florida 
576  corporate registration, an no agency or school licensee may not 
577  conduct activities regulated under this chapter under any 
578  fictitious name without prior written authorization from the 
579  department to use that name in the conduct of activities 
580  regulated under this chapter. The department may not authorize 
581  the use of a name which is so similar to that of a public 
582  officer or agency, or of that used by another licensee, that the 
583  public may be confused or misled thereby. The authorization for 
584  the use of a fictitious name shall require, as a condition 
585  precedent to the use of such name, the filing of a certificate 
586  of engaging in business under a fictitious name under s. 865.09. 
587  A No licensee may not shall be permitted to conduct business 
588  under more than one fictitious name except as separately 
589  licensed nor shall the license be valid to protect any licensee 
590  who is engaged in the business under any name other than that 
591  specified in the license. An agency desiring to change its 
592  licensed name shall notify the department and, except upon 
593  renewal, pay a fee not to exceed $30 for each license requiring 
594  revision including those of all licensed employees except Class 
595  “D” or Class “G” licensees. Upon the return of such licenses to 
596  the department, revised licenses shall be provided. 
597         Section 12. Subsection (2) and paragraph (a) of subsection 
598  (3) of section 493.6113, Florida Statutes, are amended to read: 
599         493.6113 Renewal application for licensure.— 
600         (2) At least No less than 90 days before prior to the 
601  expiration date of the license, the department shall mail a 
602  written notice to the last known mailing residence address of 
603  the licensee for individual licensees and to the last known 
604  agency address for agencies. 
605         (3) Each licensee shall be responsible for renewing his or 
606  her license on or before its expiration by filing with the 
607  department an application for renewal accompanied by payment of 
608  the prescribed license fee. 
609         (a) Each Class “B” Class “A,” Class “B,” or Class “R” 
610  licensee shall additionally submit on a form prescribed by the 
611  department a certification of insurance which evidences that the 
612  licensee maintains coverage as required under s. 493.6110. 
613         Section 13. Subsection (8), paragraph (d) of subsection 
614  (12), and subsection (16) of section 493.6115, Florida Statutes, 
615  are amended to read: 
616         493.6115 Weapons and firearms.— 
617         (8) A Class “G” applicant must satisfy the minimum training 
618  criteria as set forth in s. 493.6105(5)(6) and as established by 
619  rule of the department. 
620         (12) The department may issue a temporary Class “G” 
621  license, on a case-by-case basis, if: 
622         (d) The applicant has received approval from the department 
623  subsequent to its conduct of a criminal history record check as 
624  authorized in s. 493.6108(1)(a)1. 493.6121(6). 
625         (16) If the criminal history record check program 
626  referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the 
627  department may issue a temporary “G” license on a case-by-case 
628  basis, provided that the applicant has met all statutory 
629  requirements for the issuance of a temporary “G” license as 
630  specified in subsection (12), excepting the criminal history 
631  record check stipulated there; provided, that the department 
632  requires that the licensed employer of the applicant conduct a 
633  criminal history record check of the applicant pursuant to 
634  standards set forth in rule by the department, and provide to 
635  the department an affidavit containing such information and 
636  statements as required by the department, including a statement 
637  that the criminal history record check did not indicate the 
638  existence of any criminal history that would prohibit licensure. 
639  Failure to properly conduct such a check, or knowingly providing 
640  incorrect or misleading information or statements in the 
641  affidavit shall constitute grounds for disciplinary action 
642  against the licensed agency, including revocation of license. 
643         Section 14. Paragraph (u) of subsection (1) of section 
644  493.6118, Florida Statutes, is redesignated as paragraph (v), 
645  and a new paragraph (u) is added to that subsection to read: 
646         493.6118 Grounds for disciplinary action.— 
647         (1) The following constitute grounds for which disciplinary 
648  action specified in subsection (2) may be taken by the 
649  department against any licensee, agency, or applicant regulated 
650  by this chapter, or any unlicensed person engaged in activities 
651  regulated under this chapter. 
652         (u) For a Class “G” or a Class “K” applicant or licensee, 
653  being prohibited from purchasing or possessing a firearm by 
654  state or federal law. 
655         Section 15. Subsections (7) and (8) of section 493.6121, 
656  Florida Statutes, are renumbered as subsections (6) and (7), 
657  respectively, and present subsection (6) of that section is 
658  amended, to read: 
659         493.6121 Enforcement; investigation.— 
660         (6) The department shall be provided access to the program 
661  that is operated by the Department of Law Enforcement, pursuant 
662  to s. 790.065, for providing criminal history record information 
663  to licensed gun dealers, manufacturers, and exporters. The 
664  department may make inquiries, and shall receive responses in 
665  the same fashion as provided under s. 790.065. The department 
666  shall be responsible for payment to the Department of Law 
667  Enforcement of the same fees as charged to others afforded 
668  access to the program. 
669         Section 16. Subsection (3) of section 493.6202, Florida 
670  Statutes, is amended to read: 
671         493.6202 Fees.— 
672         (3) The fees set forth in this section must be paid by 
673  certified check or money order or, at the discretion of the 
674  department, by agency check at the time the application is 
675  approved, except that the applicant for a Class “G,” Class “C,” 
676  Class “CC,” Class “M,” or Class “MA” license must pay the 
677  license fee at the time the application is made. If a license is 
678  revoked or denied or if the application is withdrawn, the 
679  license fee shall not be refunded. 
680         Section 17. Subsections (2), (4), and (6) of section 
681  493.6203, Florida Statutes, are amended to read: 
682         493.6203 License requirements.—In addition to the license 
683  requirements set forth elsewhere in this chapter, each 
684  individual or agency shall comply with the following additional 
685  requirements: 
686         (2) An applicant for a Class “MA” license shall have 2 
687  years of lawfully gained, verifiable, full-time experience, or 
688  training in: 
689         (a) Private investigative work or related fields of work 
690  that provided equivalent experience or training; 
691         (b) Work as a Class “CC” licensed intern; 
692         (c) Any combination of paragraphs (a) and (b); 
693         (d) Experience described in paragraph (a) for 1 year and 
694  experience described in paragraph (e) for 1 year; 
695         (e) No more than 1 year using: 
696         1. College coursework related to criminal justice, 
697  criminology, or law enforcement administration; or 
698         2. Successfully completed law enforcement-related training 
699  received from any federal, state, county, or municipal agency; 
700  or 
701         (f) Experience described in paragraph (a) for 1 year and 
702  work in a managerial or supervisory capacity for 1 year. 
703 
704  However, experience in performing bodyguard services is not 
705  creditable toward the requirements of this subsection. 
706         (4) An applicant for a Class “C” license shall have 2 years 
707  of lawfully gained, verifiable, full-time experience, or 
708  training in one, or a combination of more than one, of the 
709  following: 
710         (a) Private investigative work or related fields of work 
711  that provided equivalent experience or training. 
712         (b) College coursework related to criminal justice, 
713  criminology, or law enforcement administration, or successful 
714  completion of any law enforcement-related training received from 
715  any federal, state, county, or municipal agency, except that no 
716  more than 1 year may be used from this category. 
717         (c) Work as a Class “CC” licensed intern. 
718 
719  However, experience in performing bodyguard services is not 
720  creditable toward the requirements of this subsection. 
721         (6)(a) A Class “CC” licensee shall serve an internship 
722  under the direction and control of a designated sponsor, who is 
723  a Class “C,” Class “MA,” or Class “M” licensee. 
724         (b) Effective January 1, 2011 September 1, 2008, before 
725  submission of an application to the department, the an applicant 
726  for a Class “CC” license must have completed a minimum of 40 at 
727  least 24 hours of professional training a 40-hour course 
728  pertaining to general investigative techniques and this chapter, 
729  which course is offered by a state university or by a school, 
730  community college, college, or university under the purview of 
731  the Department of Education, and the applicant must pass an 
732  examination. The training must be provided in two parts, one 24 
733  hour course and one 16-hour course. The certificate evidencing 
734  satisfactory completion of the 40 at least 24 hours of 
735  professional training a 40-hour course must be submitted with 
736  the application for a Class “CC” license. The remaining 16 hours 
737  must be completed and an examination passed within 180 days. If 
738  documentation of completion of the required training is not 
739  submitted within the specified timeframe, the individual’s 
740  license is automatically suspended or his or her authority to 
741  work as a Class “CC” pursuant to s. 493.6105(9) is rescinded 
742  until such time as proof of certificate of completion is 
743  provided to the department. The training course specified in 
744  this paragraph may be provided by face-to-face presentation, 
745  online technology, or a home study course in accordance with 
746  rules and procedures of the Department of Education. The 
747  administrator of the examination must verify the identity of 
748  each applicant taking the examination. 
749         1. Upon an applicant’s successful completion of each part 
750  of the approved training course and passage of any required 
751  examination, the school, community college, college, or 
752  university shall issue a certificate of completion to the 
753  applicant. The certificates must be on a form established by 
754  rule of the department. 
755         2. The department shall establish by rule the general 
756  content of the professional training course and the examination 
757  criteria. 
758         3. If the license of an applicant for relicensure is has 
759  been invalid for more than 1 year, the applicant must complete 
760  the required training and pass any required examination. 
761         (c) An individual who submits an application for a Class 
762  “CC” license on or after September 1, 2008, through December 31, 
763  2010, who has not completed the 16-hour course must submit proof 
764  of successful completion of the course within 180 days after the 
765  date the application is submitted. If documentation of 
766  completion of the required training is not submitted by that 
767  date, the individual’s license is automatically suspended until 
768  proof of the required training is submitted to the department. 
769  An individual licensed on or before August 31, 2008, is not 
770  required to complete additional training hours in order to renew 
771  an active license beyond the required total amount of training, 
772  and within the timeframe, in effect at the time he or she was 
773  licensed. 
774         Section 18. Subsection (3) of section 493.6302, Florida 
775  Statutes, is amended to read: 
776         493.6302 Fees.— 
777         (3) The fees set forth in this section must be paid by 
778  certified check or money order or, at the discretion of the 
779  department, by agency check at the time the application is 
780  approved, except that the applicant for a Class “D,” Class “G,” 
781  Class “M,” or Class “MB” license must pay the license fee at the 
782  time the application is made. If a license is revoked or denied 
783  or if the application is withdrawn, the license fee shall not be 
784  refunded. 
785         Section 19. Subsection (4) of section 493.6303, Florida 
786  Statutes, is amended to read: 
787         493.6303 License requirements.—In addition to the license 
788  requirements set forth elsewhere in this chapter, each 
789  individual or agency shall comply with the following additional 
790  requirements: 
791         (4)(a) Effective January 1, 2011, an applicant for a Class 
792  “D” license must submit proof of successful completion of 
793  complete a minimum of 40 hours of professional training at a 
794  school or training facility licensed by the department. The 
795  training must be provided in two parts, one 24-hour course and 
796  one 16-hour course. The department shall by rule establish the 
797  general content and number of hours of each subject area to be 
798  taught. 
799         (b) An individual who submits an application for a Class 
800  “D” license on or after January 1, 2007, through December 31, 
801  2010, who has not completed the 16-hour course must submit proof 
802  of successful completion of the course within 180 days after the 
803  date the application is submitted. If documentation of 
804  completion of the required training is not submitted by that 
805  date, the individual’s license is automatically suspended until 
806  proof of the required training is submitted to the department. 
807  This section does not require a person licensed before January 
808  1, 2007, to complete additional training hours in order to renew 
809  an active license beyond the required total amount of training 
810  within the timeframe prescribed by law at the time he or she was 
811  licensed. An applicant may fulfill the training requirement 
812  prescribed in paragraph (a) by submitting proof of: 
813         1. Successful completion of the total number of required 
814  hours of training before initial application for a Class “D” 
815  license; or 
816         2. Successful completion of 24 hours of training before 
817  initial application for a Class “D” license and successful 
818  completion of the remaining 16 hours of training within 180 days 
819  after the date that the application is submitted. If 
820  documentation of completion of the required training is not 
821  submitted within the specified timeframe, the individual’s 
822  license is automatically suspended until such time as proof of 
823  the required training is provided to the department. 
824         (c) An individual However, any person whose license is 
825  suspended or has been revoked, suspended pursuant to paragraph 
826  (b) subparagraph 2., or is expired for at least 1 year, or 
827  longer is considered, upon reapplication for a license, an 
828  initial applicant and must submit proof of successful completion 
829  of 40 hours of professional training at a school or training 
830  facility licensed by the department as provided prescribed in 
831  paragraph (a) before a license is will be issued. Any person 
832  whose license was issued before January 1, 2007, and whose 
833  license has been expired for less than 1 year must, upon 
834  reapplication for a license, submit documentation of completion 
835  of the total number of hours of training prescribed by law at 
836  the time her or his initial license was issued before another 
837  license will be issued. This subsection does not require an 
838  individual licensed before January 1, 2007, to complete 
839  additional training hours in order to renew an active license, 
840  beyond the required total amount of training within the 
841  timeframe prescribed by law at the time she or he was licensed. 
842         Section 20. Subsection (2) of section 493.6304, Florida 
843  Statutes, is amended to read: 
844         493.6304 Security officer school or training facility.— 
845         (2) The application shall be signed and verified by the 
846  applicant under oath as provided in s. 92.525 notarized and 
847  shall contain, at a minimum, the following information: 
848         (a) The name and address of the school or training facility 
849  and, if the applicant is an individual, her or his name, 
850  address, and social security or alien registration number. 
851         (b) The street address of the place at which the training 
852  is to be conducted. 
853         (c) A copy of the training curriculum and final examination 
854  to be administered. 
855         Section 21. Subsections (7) and (8) of section 493.6401, 
856  Florida Statutes, are amended to read: 
857         493.6401 Classes of licenses.— 
858         (7) Any person who operates a recovery agent repossessor 
859  school or training facility or who conducts an Internet-based 
860  training course or a correspondence training course must have a 
861  Class “RS” license. 
862         (8) Any individual who teaches or instructs at a Class “RS” 
863  recovery agent repossessor school or training facility shall 
864  have a Class “RI” license. 
865         Section 22. Paragraphs (f) and (g) of subsection (1) and 
866  subsection (3) of section 493.6402, Florida Statutes, are 
867  amended to read: 
868         493.6402 Fees.— 
869         (1) The department shall establish by rule biennial license 
870  fees which shall not exceed the following: 
871         (f) Class “RS” license—recovery agent repossessor school or 
872  training facility: $60. 
873         (g) Class “RI” license—recovery agent repossessor school or 
874  training facility instructor: $60. 
875         (3) The fees set forth in this section must be paid by 
876  certified check or money order, or, at the discretion of the 
877  department, by agency check at the time the application is 
878  approved, except that the applicant for a Class “E,” Class “EE,” 
879  or Class “MR” license must pay the license fee at the time the 
880  application is made. If a license is revoked or denied, or if an 
881  application is withdrawn, the license fee shall not be refunded. 
882         Section 23. Section 493.6406, Florida Statutes, is amended 
883  to read: 
884         493.6406 Recovery agent Repossession services school or 
885  training facility.— 
886         (1) Any school, training facility, or instructor who offers 
887  the training outlined in s. 493.6403(2) for Class “E” or Class 
888  “EE” applicants shall, before licensure of such school, training 
889  facility, or instructor, file with the department an application 
890  accompanied by an application fee in an amount to be determined 
891  by rule, not to exceed $60. The fee shall not be refundable. 
892  This training may be offered as face-to-face training, Internet 
893  based training, or correspondence training. 
894         (2) The application shall be signed and verified by the 
895  applicant under oath as provided in s. 92.525 notarized and 
896  shall contain, at a minimum, the following information: 
897         (a) The name and address of the school or training facility 
898  and, if the applicant is an individual, his or her name, 
899  address, and social security or alien registration number. 
900         (b) The street address of the place at which the training 
901  is to be conducted or the street address of the Class “RS” 
902  school offering Internet-based or correspondence training. 
903         (c) A copy of the training curriculum and final examination 
904  to be administered. 
905         (3) The department shall adopt rules establishing the 
906  criteria for approval of schools, training facilities, and 
907  instructors. 
908         Section 24. Section 500.033, Florida Statutes, is amended 
909  to read: 
910         500.033 Florida Food Safety and Food Defense Advisory 
911  Council.— 
912         (1) There is created the Florida Food Safety and Food 
913  Defense Advisory Council for the purpose of serving as a forum 
914  for presenting, investigating, and evaluating issues of current 
915  importance to the assurance of a safe and secure food supply to 
916  the citizens of Florida. The Florida Food Safety and Food 
917  Defense Advisory Council shall consist of, but not be limited 
918  to: the Commissioner of Agriculture or his or her designee; the 
919  State Surgeon General or his or her designee; the Secretary of 
920  Business and Professional Regulation or his or her designee; the 
921  person responsible for domestic security with the Department of 
922  Law Enforcement; members representing the production, 
923  processing, distribution, and sale of foods; members 
924  representing small farmers; consumers or members of citizens 
925  groups; representatives of food industry groups; scientists or 
926  other experts in aspects of food safety from state universities; 
927  representatives from local, state, and federal agencies that are 
928  charged with responsibilities for food safety or food defense; 
929  the chairs of the Agriculture Committees of the Senate and the 
930  House of Representatives or their designees; and the chairs of 
931  the committees of the Senate and the House of Representatives 
932  with jurisdictional oversight of home defense issues or their 
933  designees. The Commissioner of Agriculture shall appoint the 
934  remaining members. The council shall make periodic reports to 
935  the Department of Agriculture and Consumer Services concerning 
936  findings and recommendations in the area of food safety and food 
937  defense. 
938         (2) The council shall consider the development of 
939  appropriate advice or recommendations on food safety or food 
940  defense issues. In the discharge of their duties, the council 
941  members may receive for review confidential data exempt from the 
942  provisions of s. 119.07(1); however, it is unlawful for any 
943  member of the council to use the data for his or her advantage 
944  or reveal the data to the general public. 
945         Section 25. Paragraph (a) of subsection (2) of section 
946  501.605, Florida Statutes, is amended to read: 
947         501.605 Licensure of commercial telephone sellers.— 
948         (2) An applicant for a license as a commercial telephone 
949  seller must submit to the department, in such form as it 
950  prescribes, a written application for the license. The 
951  application must set forth the following information: 
952         (a) The true name, date of birth, driver’s license number, 
953  social security number, and home address of the applicant, 
954  including each name under which he or she intends to do 
955  business. 
956 
957  The application shall be accompanied by a copy of any: Script, 
958  outline, or presentation the applicant will require or suggest a 
959  salesperson to use when soliciting, or, if no such document is 
960  used, a statement to that effect; sales information or 
961  literature to be provided by the applicant to a salesperson; and 
962  sales information or literature to be provided by the applicant 
963  to a purchaser in connection with any solicitation. 
964         Section 26. Paragraph (a) of subsection (1) of section 
965  501.607, Florida Statutes, is amended to read: 
966         501.607 Licensure of salespersons.— 
967         (1) An applicant for a license as a salesperson must submit 
968  to the department, in such form as it prescribes, a written 
969  application for a license. The application must set forth the 
970  following information: 
971         (a) The true name, date of birth, driver’s license number, 
972  social security number, and home address of the applicant. 
973         Section 27. Subsection (2) of section 501.913, Florida 
974  Statutes, is amended to read: 
975         501.913 Registration.— 
976         (2) The completed application shall be accompanied by: 
977         (a) Specimens or facsimiles of the label for each brand of 
978  antifreeze; 
979         (b) An application fee of $200 for each brand; and 
980         (c) A properly labeled sample of at least 1 gallon, but not 
981  more than 2 gallons, of each brand of antifreeze. 
982         Section 28. Subsection (2) of section 525.01, Florida 
983  Statutes, is amended to read: 
984         525.01 Gasoline and oil to be inspected.— 
985         (2) All petroleum fuels are shall be subject to inspection 
986  and analysis by the department. Before selling or offering for 
987  sale in this state any petroleum fuel, all manufacturers, 
988  terminal suppliers, wholesalers, and importers as defined in s. 
989  206.01 jobbers shall file with the department: 
990         (a) An affidavit stating that they desire to do business in 
991  this state, and the name and address of the manufacturer of the 
992  petroleum fuel. 
993         (b) An affidavit stating that the petroleum fuel is in 
994  conformity with the standards prescribed by department rule. 
995         Section 29. Subsections (1) and (3) of section 525.09, 
996  Florida Statutes, are amended to read: 
997         525.09 Inspection fee.— 
998         (1) For the purpose of defraying the expenses incident to 
999  inspecting, testing, and analyzing petroleum fuels in this 
1000  state, there shall be paid to the department a charge of one 
1001  eighth cent per gallon on all gasoline, alternative fuel 
1002  containing alcohol as defined in s. 525.01(1)(c)1. or 2., 
1003  kerosene (except when used as aviation turbine fuel), and #1 
1004  fuel oil for sale or use in this state. This inspection fee 
1005  shall be imposed in the same manner as the motor fuel tax 
1006  pursuant to s. 206.41. Payment shall be made on or before the 
1007  25th day of each month. 
1008         (3) All remittances to the department for the inspection 
1009  tax herein provided shall be accompanied by a detailed report 
1010  under oath showing the number of gallons of gasoline, 
1011  alternative fuel containing alcohol as defined in s. 
1012  525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered 
1013  in each county. 
1014         Section 30. Section 526.50, Florida Statutes, is amended to 
1015  read: 
1016         526.50 Definition of terms.—As used in this part: 
1017         (1) “Brake fluid” means the fluid intended for use as the 
1018  liquid medium through which force is transmitted in the 
1019  hydraulic brake system of a vehicle operated upon the highways. 
1020         (2) “Brand” means the product name appearing on the label 
1021  of a container of brake fluid. 
1022         (3) “Container” means any receptacle in which brake fluid 
1023  is immediately contained when sold, but does not mean a carton 
1024  or wrapping in which a number of such receptacles are shipped or 
1025  stored or a tank car or truck. 
1026         (4)(2) “Department” means the Department of Agriculture and 
1027  Consumer Services. 
1028         (5) “Formula” means the name of the chemical mixture or 
1029  composition of the brake fluid product. 
1030         (6) “Labeling” includes all written, printed or graphic 
1031  representations, in any form whatsoever, imprinted upon or 
1032  affixed to any container of brake fluid. 
1033         (7) “Permit year” means a period of 12 months commencing 
1034  July 1 and ending on the next succeeding June 30. 
1035         (8) “Registrant” means any manufacturer, packer, 
1036  distributor, seller, or other person who has registered a brake 
1037  fluid with the department. 
1038         (9)(3) “Sell” includes give, distribute, barter, exchange, 
1039  trade, keep for sale, offer for sale or expose for sale, in any 
1040  of their variant forms. 
1041         (4) “Labeling” includes all written, printed or graphic 
1042  representations, in any form whatsoever, imprinted upon or 
1043  affixed to any container of brake fluid. 
1044         (5) “Container” means any receptacle in which brake fluid 
1045  is immediately contained when sold, but does not mean a carton 
1046  or wrapping in which a number of such receptacles are shipped or 
1047  stored or a tank car or truck. 
1048         (6) “Permit year” means a period of 12 months commencing 
1049  July 1 and ending on the next succeeding June 30. 
1050         (7) “Registrant” means any manufacturer, packer, 
1051  distributor, seller, or other person who has registered a brake 
1052  fluid with the department. 
1053         Section 31. Section 526.51, Florida Statutes, is amended to 
1054  read: 
1055         526.51 Registration; renewal and fees; departmental 
1056  expenses; cancellation or refusal to issue or renew.— 
1057         (1)(a) Application for registration of each brand of brake 
1058  fluid shall be made on forms to be supplied by the department. 
1059  The applicant shall give his or her name and address and the 
1060  brand name of the brake fluid, state that he or she owns the 
1061  brand name and has complete control over the product sold 
1062  thereunder in Florida, and provide the name and address of the 
1063  resident agent in Florida. If the applicant does not own the 
1064  brand name but wishes to register the product with the 
1065  department, a notarized affidavit that gives the applicant full 
1066  authorization to register the brand name and that is signed by 
1067  the owner of the brand name must accompany the application for 
1068  registration. The affidavit must include all affected brand 
1069  names, the owner’s company or corporate name and address, the 
1070  applicant’s company or corporate name and address, and a 
1071  statement from the owner authorizing the applicant to register 
1072  the product with the department. The owner of the brand name 
1073  shall maintain complete control over each product sold under 
1074  that brand name in this state. All first-time brand-formula 
1075  combination new product applications must be accompanied by a 
1076  certified report from an independent testing laboratory, setting 
1077  forth the analysis of the brake fluid which shall show its 
1078  quality to be not less than the specifications established by 
1079  the department for brake fluids. A sample of not less than 24 
1080  fluid ounces of brake fluid shall be submitted, in a container 
1081  or containers, with labels representing exactly how the 
1082  containers of brake fluid will be labeled when sold, and the 
1083  sample and container shall be analyzed and inspected by the 
1084  Division of Standards in order that compliance with the 
1085  department’s specifications and labeling requirements may be 
1086  verified. Upon approval of the application, the department shall 
1087  register the brand name of the brake fluid and issue to the 
1088  applicant a permit authorizing the registrant to sell the brake 
1089  fluid in this state during the permit year specified in the 
1090  permit. 
1091         (b) Each applicant shall pay a fee of $100 with each 
1092  application. A permit may be renewed by application to the 
1093  department, accompanied by a renewal fee of $50 on or before the 
1094  last day of the permit year immediately preceding the permit 
1095  year for which application is made for renewal of registration. 
1096  To any fee not paid when due, there shall accrue a penalty of 
1097  $25, which shall be added to the renewal fee. Renewals will be 
1098  accepted only on brake fluids that have no change in formula, 
1099  composition, or brand name. Any change in formula, composition, 
1100  or brand name of any brake fluid constitutes a new product that 
1101  must be registered in accordance with this part. 
1102         (2) All fees collected under the provisions of this section 
1103  shall be credited to the General Inspection Trust Fund of the 
1104  department and all expenses incurred in the enforcement of this 
1105  part shall be paid from said fund. 
1106         (3) The department may cancel, refuse to issue or refuse to 
1107  renew any registration and permit after due notice and 
1108  opportunity to be heard if it finds that the brake fluid is 
1109  adulterated or misbranded or that the registrant has failed to 
1110  comply with the provisions of this part or the rules and 
1111  regulations promulgated thereunder. 
1112         Section 32. Paragraph (a) of subsection (3) of section 
1113  526.52, Florida Statutes, is amended to read: 
1114         526.52 Specifications; adulteration and misbranding.— 
1115         (3) Brake fluid is deemed to be misbranded: 
1116         (a) If its container does not bear on its side or top a 
1117  label on which is printed the name and place of business of the 
1118  registrant of the product, the words “brake fluid,” and a 
1119  statement that the product therein equals or exceeds the minimum 
1120  specification of the Society of Automotive Engineers for heavy 
1121  duty-type brake fluid or equals or exceeds Federal Motor Vehicle 
1122  Safety Standard No. 116 adopted by the United States Department 
1123  of Transportation, heavy-duty-type. By regulation the department 
1124  may require that the duty-type classification appear on the 
1125  label. 
1126         Section 33. Subsection (2) of section 526.53, Florida 
1127  Statutes, is amended to read: 
1128         526.53 Enforcement; inspection and analysis, stop-sale and 
1129  disposition, regulations.— 
1130         (2)(a) When any brake fluid is sold in violation of any of 
1131  the provisions of this part, all such affected brake fluid of 
1132  the same brand name on the same premises on which the violation 
1133  occurred shall be placed under a stop-sale order by the 
1134  department by serving the owner of the brand name, distributor, 
1135  or other entity responsible for selling or distributing the 
1136  product in the state with the stop-sale order. The department 
1137  shall withdraw its stop-sale order upon the removal of the 
1138  violation or upon voluntary destruction of the product, or other 
1139  disposal approved by the department, under the supervision of 
1140  the department. 
1141         (b) In addition to being subject to the stop-sale 
1142  procedures above, unregistered brake fluid shall be held by the 
1143  department or its representative, at a place to be designated in 
1144  the stop-sale order, until properly registered and released in 
1145  writing by the department or its representative. If application 
1146  is has not been made for registration of the such product within 
1147  30 days after issue of the stop-sale order, such product shall 
1148  be disposed of by the department, or, with the department’s 
1149  consent, by the business, to any tax-supported institution or 
1150  agency of the state if the brake fluid meets legal 
1151  specifications or by other disposal authorized by rule of the 
1152  department if it fails to meet legal specifications. 
1153         Section 34. Subsections (1) and (3) and paragraphs (a) and 
1154  (c) of subsection (5) of section 527.0201, Florida Statutes, are 
1155  amended to read: 
1156         527.0201 Qualifiers; master qualifiers; examinations.— 
1157         (1) In addition to the requirements of s. 527.02, any 
1158  person applying for a license to engage in the activities of a 
1159  pipeline system operator, category I liquefied petroleum gas 
1160  dealer, category II liquefied petroleum gas dispenser, category 
1161  IV liquefied petroleum gas dispenser and recreational vehicle 
1162  servicer, category V liquefied petroleum gases dealer for 
1163  industrial uses only, LP gas installer, specialty installer, 
1164  requalifier requalification of cylinders, or fabricator, 
1165  repairer, and tester of vehicles and cargo tanks must prove 
1166  competency by passing a written examination administered by the 
1167  department or its agent with a grade of at least 75 percent in 
1168  each area tested or above. Each applicant for examination shall 
1169  submit a $20 nonrefundable fee. The department shall by rule 
1170  specify the general areas of competency to be covered by each 
1171  examination and the relative weight to be assigned in grading 
1172  each area tested. 
1173         (3) Qualifier cards issued to category I liquefied 
1174  petroleum gas dealers and liquefied petroleum gas installers 
1175  shall expire 3 years after the date of issuance. All category I 
1176  liquefied petroleum gas dealer qualifiers and liquefied 
1177  petroleum gas installer qualifiers holding a valid qualifier 
1178  card upon the effective date of this act shall retain their 
1179  qualifier status until July 1, 2003, and may sit for the master 
1180  qualifier examination at any time during that time period. All 
1181  such category I liquefied petroleum gas dealer qualifiers and 
1182  liquefied petroleum gas installer qualifiers may renew their 
1183  qualification on or before July 1, 2003, upon application to the 
1184  department, payment of a $20 renewal fee, and documentation of 
1185  the completion of a minimum of 16 12 hours of approved 
1186  continuing education courses, as defined by department rule, 
1187  during the previous 3-year period. Applications for renewal must 
1188  be made 30 calendar days prior to expiration. Persons failing to 
1189  renew prior to the expiration date must reapply and take a 
1190  qualifier competency examination in order to reestablish 
1191  category I liquefied petroleum gas dealer qualifier and 
1192  liquefied petroleum gas installer qualifier status. If a 
1193  category I liquefied petroleum gas qualifier or liquefied 
1194  petroleum gas installer qualifier becomes a master qualifier at 
1195  any time during the effective date of the qualifier card, the 
1196  card shall remain in effect until expiration of the master 
1197  qualifier certification. 
1198         (5) In addition to all other licensing requirements, each 
1199  category I liquefied petroleum gas dealer and liquefied 
1200  petroleum gas installer must, at the time of application for 
1201  licensure, identify to the department one master qualifier who 
1202  is a full-time employee at the licensed location. This person 
1203  shall be a manager, owner, or otherwise primarily responsible 
1204  for overseeing the operations of the licensed location and must 
1205  provide documentation to the department as provided by rule. The 
1206  master qualifier requirement shall be in addition to the 
1207  requirements of subsection (1). 
1208         (a) In order to apply for certification as a master 
1209  qualifier, each applicant must be a category I liquefied 
1210  petroleum gas dealer qualifier or liquefied petroleum gas 
1211  installer qualifier, must be employed by a licensed category I 
1212  liquefied petroleum gas dealer, liquefied petroleum gas 
1213  installer, or applicant for such license, must provide 
1214  documentation of a minimum of 1 year’s work experience in the 
1215  gas industry, and must pass a master qualifier competency 
1216  examination. Master qualifier examinations shall be based on 
1217  Florida’s laws, rules, and adopted codes governing liquefied 
1218  petroleum gas safety, general industry safety standards, and 
1219  administrative procedures. The examination must be successfully 
1220  passed completed by the applicant with a grade of at least 75 
1221  percent or more. Each applicant for master qualifier status 
1222  shall submit to the department a nonrefundable $30 examination 
1223  fee prior to the examination. 
1224         (c) Master qualifier status shall expire 3 years after the 
1225  date of issuance of the certificate and may be renewed by 
1226  submission to the department of documentation of completion of 
1227  at least 16 12 hours of approved continuing education courses 
1228  during the 3-year period; proof of employment with a licensed 
1229  category I liquefied petroleum gas dealer, liquefied petroleum 
1230  gas installer, or applicant; and a $30 certificate renewal fee. 
1231  The department shall define, by rule, approved courses of 
1232  continuing education. 
1233         Section 35. Section 527.12, Florida Statutes, is amended to 
1234  read: 
1235         527.12 Cease and desist orders; stop-use orders; stop 
1236  operation orders; stop-sale orders; administrative fines.— 
1237         (1) Whenever the department has shall have reason to 
1238  believe that any person is violating or has violated been 
1239  violating provisions of this chapter or any rules adopted under 
1240  this chapter pursuant thereto, the department it may issue a 
1241  cease and desist order, or impose a civil penalty, or do both 
1242  may issue such cease and desist order and impose a civil 
1243  penalty. 
1244         (2) Whenever a person or liquefied petroleum gas system or 
1245  storage facility, or any part or component thereof, fails to 
1246  comply with this chapter or any rules adopted under this 
1247  chapter, the department may issue a stop-use order, stop 
1248  operation order, or stop-sale order. 
1249         Section 36. Subsection (1) of section 559.805, Florida 
1250  Statutes, is amended to read: 
1251         559.805 Filings with the department; disclosure of 
1252  advertisement identification number.— 
1253         (1) Every seller of a business opportunity shall annually 
1254  file with the department a copy of the disclosure statement 
1255  required by s. 559.803 before prior to placing an advertisement 
1256  or making any other representation designed to offer to, sell 
1257  to, or solicit an offer to buy a business opportunity from a 
1258  prospective purchaser in this state and shall update this filing 
1259  by reporting any material change in the required information 
1260  within 30 days after the material change occurs. An 
1261  advertisement is not placed in the state merely because the 
1262  publisher circulates, or there is circulated on his or her 
1263  behalf in the state, any bona fide newspaper or other 
1264  publication of general, regular, and paid circulation which has 
1265  had more than two-thirds of its circulation during the past 12 
1266  months outside the state or because a radio or television 
1267  program originating outside the state is received in the state. 
1268  If the seller is required by s. 559.807 to provide a bond or 
1269  establish a trust account or guaranteed letter of credit, he or 
1270  she shall contemporaneously file with the department a copy of 
1271  the bond, a copy of the formal notification by the depository 
1272  that the trust account is established, or a copy of the 
1273  guaranteed letter of credit. Every seller of a business 
1274  opportunity shall file with the department a list of independent 
1275  agents who will engage in the offer or sale of business 
1276  opportunities on behalf of the seller in this state. This list 
1277  must be kept current and shall include the following 
1278  information: name, home and business address, telephone number, 
1279  present employer, social security number, and birth date. A No 
1280  person may not shall be allowed to offer or sell business 
1281  opportunities unless the required information is has been 
1282  provided to the department. 
1283         Section 37. Subsection (3) of section 559.928, Florida 
1284  Statutes, is amended to read: 
1285         559.928 Registration.— 
1286         (3) Each independent agent shall annually file an affidavit 
1287  with the department before prior to engaging in business in this 
1288  state. This affidavit must include the independent agent’s full 
1289  name, legal business or trade name, mailing address, business 
1290  address, telephone number, social security number, and the name 
1291  or names and addresses of each seller of travel represented by 
1292  the independent agent. A letter evidencing proof of filing must 
1293  be issued by the department and must be prominently displayed in 
1294  the independent agent’s primary place of business. Each 
1295  independent agent must also submit an annual registration fee of 
1296  $50. All moneys collected pursuant to the imposition of the fee 
1297  shall be deposited by the Chief Financial Officer into the 
1298  General Inspection Trust Fund of the Department of Agriculture 
1299  and Consumer Services for the sole purpose of administrating 
1300  this part. As used in this subsection, the term “independent 
1301  agent” means a person who represents a seller of travel by 
1302  soliciting persons on its behalf; who has a written contract 
1303  with a seller of travel which is operating in compliance with 
1304  this part and any rules adopted thereunder; who does not receive 
1305  a fee, commission, or other valuable consideration directly from 
1306  the purchaser for the seller of travel; who does not at any time 
1307  have any unissued ticket stock or travel documents in his or her 
1308  possession; and who does not have the ability to issue tickets, 
1309  vacation certificates, or any other travel document. The term 
1310  “independent agent” does not include an affiliate of the seller 
1311  of travel, as that term is used in s. 559.935(3), or the 
1312  employees of the seller of travel or of such affiliates. 
1313         Section 38. Subsection (7) of section 570.0725, Florida 
1314  Statutes, is amended to read: 
1315         570.0725 Food recovery; legislative intent; department 
1316  functions.— 
1317         (7) For public information purposes, the department may 
1318  shall develop and provide a public information brochure 
1319  detailing the need for food banks and similar of food recovery 
1320  programs, the benefit of such food recovery programs, the manner 
1321  in which such organizations may become involved in such food 
1322  recovery programs, and the protection afforded to such programs 
1323  under s. 768.136, and the food recovery entities or food banks 
1324  that exist in the state. This brochure must be updated annually. 
1325  A food bank or similar food recovery organization seeking to be 
1326  included on a list of such organizations must notify the 
1327  department and provide the information required by rule of the 
1328  department. Such organizations are responsible for updating the 
1329  information and providing the updated information to the 
1330  department. The department may adopt rules to implement this 
1331  section. 
1332         Section 39. Paragraph (e) of subsection (6) of section 
1333  570.53, Florida Statutes, is amended to read: 
1334         570.53 Division of Marketing and Development; powers and 
1335  duties.—The powers and duties of the Division of Marketing and 
1336  Development include, but are not limited to: 
1337         (6) 
1338         (e) Extending in every practicable way the distribution and 
1339  sale of Florida agricultural products throughout the markets of 
1340  the world as required of the department by s. ss. 570.07(7), 
1341  (8), (10), and (11) and 570.071 and chapters 571, 573, and 574. 
1342         Section 40. Subsection (2) of section 570.54, Florida 
1343  Statutes, is amended to read: 
1344         570.54 Director; duties.— 
1345         (2) It shall be the duty of the director of this division 
1346  to supervise, direct, and coordinate the activities authorized 
1347  by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and 
1348  (20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and 
1349  chapters 504, 571, 573, and 574 and to exercise other powers and 
1350  authority as authorized by the department. 
1351         Section 41. Subsection (4) of section 570.55, Florida 
1352  Statutes, is amended to read: 
1353         570.55 Identification of sellers or handlers of tropical or 
1354  subtropical fruit and vegetables; containers specified; 
1355  penalties.— 
1356         (4) IDENTIFICATION OF HANDLER.—At the time of each 
1357  transaction involving the handling or sale of 55 pounds or more 
1358  of tropical or subtropical fruit or vegetables in the primary 
1359  channel of trade, the buyer or receiver of the tropical or 
1360  subtropical fruit or vegetables shall demand a bill of sale, 
1361  invoice, sales memorandum, or other document listing the date of 
1362  the transaction, the quantity of the tropical or subtropical 
1363  fruit or vegetables involved in the transaction, and the 
1364  identification of the seller or handler as it appears on the 
1365  driver’s license of the seller or handler, including the 
1366  driver’s license number. If the seller or handler does not 
1367  possess a driver’s license, the buyer or receiver shall use any 
1368  other acceptable means of identification, which may include, but 
1369  is not limited to, i.e., voter’s registration card and number, 
1370  draft card, social security card, or other identification. 
1371  However, no less than two identification documents shall be 
1372  used. The identification of the seller or handler shall be 
1373  recorded on the bill of sale, sales memorandum, invoice, or 
1374  voucher, which shall be retained by the buyer or receiver for a 
1375  period of not less than 1 year from the date of the transaction. 
1376         Section 42. Subsection (3) of section 570.902, Florida 
1377  Statutes, is amended to read: 
1378         570.902 Definitions; ss. 570.902 and 570.903.—For the 
1379  purpose of ss. 570.902 and 570.903: 
1380         (3) “Museum” means the Florida Agricultural Museum which is 
1381  designated as the museum for agriculture and rural history of 
1382  the State of Florida. 
1383         Section 43. Section 570.903, Florida Statutes, is amended 
1384  to read: 
1385         570.903 Direct-support organization.— 
1386         (1) When the Legislature authorizes the establishment of a 
1387  direct-support organization to provide assistance for the 
1388  museums, the Florida Agriculture in the Classroom Program, the 
1389  Florida State Collection of Arthropods, the Friends of the 
1390  Florida State Forests Program of the Division of Forestry, and 
1391  the Forestry Arson Alert Program, and other programs of the 
1392  department, the following provisions shall govern the creation, 
1393  use, powers, and duties of the direct-support organization. 
1394         (a) The department shall enter into a memorandum or letter 
1395  of agreement with the direct-support organization, which shall 
1396  specify the approval of the department, the powers and duties of 
1397  the direct-support organization, and rules with which the 
1398  direct-support organization shall comply. 
1399         (b) The department may permit, without charge, appropriate 
1400  use of property, facilities, and personnel of the department by 
1401  a direct-support organization, subject to the provisions of ss. 
1402  570.902 and 570.903. The use shall be directly in keeping with 
1403  the approved purposes of the direct-support organization and 
1404  shall not be made at times or places that would unreasonably 
1405  interfere with opportunities for the general public to use 
1406  department facilities for established purposes. 
1407         (c) The department shall prescribe by contract or by rule 
1408  conditions with which a direct-support organization shall comply 
1409  in order to use property, facilities, or personnel of the 
1410  department or museum. Such rules shall provide for budget and 
1411  audit review and oversight by the department. 
1412         (d) The department shall not permit the use of property, 
1413  facilities, or personnel of the museum, department, or 
1414  designated program by a direct-support organization which does 
1415  not provide equal employment opportunities to all persons 
1416  regardless of race, color, religion, sex, age, or national 
1417  origin. 
1418         (2)(a) The direct-support organization shall be empowered 
1419  to conduct programs and activities; raise funds; request and 
1420  receive grants, gifts, and bequests of money; acquire, receive, 
1421  hold, invest, and administer, in its own name, securities, 
1422  funds, objects of value, or other property, real or personal; 
1423  and make expenditures to or for the direct or indirect benefit 
1424  of the museum or designated program. 
1425         (b) Notwithstanding the provisions of s. 287.057, the 
1426  direct-support organization may enter into contracts or 
1427  agreements with or without competitive bidding for the 
1428  restoration of objects, historical buildings, and other 
1429  historical materials or for the purchase of objects, historical 
1430  buildings, and other historical materials which are to be added 
1431  to the collections of the museum, or benefit of the designated 
1432  program. However, before the direct-support organization may 
1433  enter into a contract or agreement without competitive bidding, 
1434  the direct-support organization shall file a certification of 
1435  conditions and circumstances with the internal auditor of the 
1436  department justifying each contract or agreement. 
1437         (c) Notwithstanding the provisions of s. 287.025(1)(e), the 
1438  direct-support organization may enter into contracts to insure 
1439  property of the museum or designated programs and may insure 
1440  objects or collections on loan from others in satisfying 
1441  security terms of the lender. 
1442         (3) The direct-support organization shall provide for an 
1443  annual financial audit in accordance with s. 215.981. 
1444         (4) Neither a designated program or a museum, nor a 
1445  nonprofit corporation trustee or employee may: 
1446         (a) Receive a commission, fee, or financial benefit in 
1447  connection with the sale or exchange of property historical 
1448  objects or properties to the direct-support organization, the 
1449  museum, or the designated program; or 
1450         (b) Be a business associate of any individual, firm, or 
1451  organization involved in the sale or exchange of property to the 
1452  direct-support organization, the museum, or the designated 
1453  program. 
1454         (5) All moneys received by the direct-support organization 
1455  shall be deposited into an account of the direct-support 
1456  organization and shall be used by the organization in a manner 
1457  consistent with the goals of the museum or designated program. 
1458         (6) The identity of a donor or prospective donor who 
1459  desires to remain anonymous and all information identifying such 
1460  donor or prospective donor are confidential and exempt from the 
1461  provisions of s. 119.07(1) and s. 24(a), Art. I of the State 
1462  Constitution. 
1463         (7) The Commissioner of Agriculture, or the commissioner’s 
1464  designee, may serve on the board of trustees and the executive 
1465  committee of any direct-support organization established to 
1466  benefit the museum or any designated program. 
1467         (8) The department shall establish by rule archival 
1468  procedures relating to museum artifacts and records. The rules 
1469  shall provide procedures which protect the museum’s artifacts 
1470  and records equivalent to those procedures which have been 
1471  established by the Department of State under chapters 257 and 
1472  267. 
1473         Section 44. Subsection (4) of section 573.118, Florida 
1474  Statutes, is amended to read: 
1475         573.118 Assessment; funds; audit; loans.— 
1476         (4) In the event of levying and collecting of assessments, 
1477  for each fiscal year in which assessment funds are received by 
1478  the department, the department shall maintain records of 
1479  collections and expenditures for each marketing order separately 
1480  within the state’s accounting system. If requested by an 
1481  advisory council, department staff shall cause to be made a 
1482  thorough annual audit of the books and accounts by a certified 
1483  public accountant, such audit to be completed within 60 days 
1484  after the request is received end of the fiscal year. The 
1485  advisory council department and all producers and handlers 
1486  covered by the marketing order shall be provided a copy of the 
1487  properly advised of the details of the annual official audit of 
1488  the accounts as shown by the certified public accountant within 
1489  30 days after completion of the audit. 
1490         Section 45. Subsections (18) through (30) of section 
1491  581.011, Florida Statutes, are renumbered as subsections (17) 
1492  through (29), respectively, and present subsections (17) and 
1493  (20) of that section are amended to read: 
1494         581.011 Definitions.—As used in this chapter: 
1495         (17) “Museum” means the Florida State Collection of 
1496  Arthropods. 
1497         (19)(20) “Nursery” means any grounds or premises on or in 
1498  which nursery stock is grown, propagated, or held for sale or 
1499  distribution, including except where aquatic plant species are 
1500  tended for harvest in the natural environment. 
1501         Section 46. Paragraph (a) of subsection (3) of section 
1502  581.211, Florida Statutes, is amended to read: 
1503         581.211 Penalties for violations.— 
1504         (3)(a)1. In addition to any other provision of law, the 
1505  department may, after notice and hearing, impose an 
1506  administrative fine not exceeding $10,000 $5,000 for each 
1507  violation of this chapter, upon any person, nurseryman, stock 
1508  dealer, agent or plant broker. The fine, when paid, shall be 
1509  deposited in the Plant Industry Trust Fund. In addition, the 
1510  department may place the violator on probation for up to 1 year, 
1511  with conditions. 
1512         2. The imposition of a fine or probation pursuant to this 
1513  subsection may be in addition to or in lieu of the suspension or 
1514  revocation of a certificate of registration or certificate of 
1515  inspection. 
1516         Section 47. Section 583.13, Florida Statutes, is amended to 
1517  read: 
1518         583.13 Labeling and advertising requirements for dressed 
1519  poultry; unlawful acts.— 
1520         (1) It is unlawful for any dealer or broker to sell, offer 
1521  for sale, or hold for the purpose of sale in the state any 
1522  dressed or ready-to-cook poultry in bulk unless the such poultry 
1523  is packed in a container clearly bearing a label, not less than 
1524  3 inches by 5 inches, on which shall be plainly and legibly 
1525  printed, in letters of not less than 1/4 inch high in height, 
1526  the grade and the part name or whole-bird statement of such 
1527  poultry. The grade may be expressed in the term “premium,” 
1528  “good,” or “standard,” or as the grade of another state or 
1529  federal agency the standards of quality of which, by law, are 
1530  equal to the standards of quality provided by this law and rules 
1531  promulgated hereunder. 
1532         (2) It is unlawful to sell unpackaged dressed or ready-to 
1533  cook poultry at retail unless such poultry is labeled by a 
1534  placard immediately adjacent to the poultry or unless each bird 
1535  is individually labeled to show the grade and the part name or 
1536  whole-bird statement. The placard shall be no smaller than 7 
1537  inches by 7 inches in size, and the required labeling 
1538  information shall be legibly and plainly printed on the placard 
1539  in letters not smaller than 1 inch in height. 
1540         (3) It is unlawful to sell packaged dressed or ready-to 
1541  cook poultry at retail unless such poultry is labeled to show 
1542  the grade, the part name or whole-bird statement, the net weight 
1543  of the poultry, and the name and address of the dealer. The size 
1544  of the type on the label must be one-eighth inch or larger. A 
1545  placard immediately adjacent to such poultry may be used to 
1546  indicate the grade and the part name or whole-bird statement, 
1547  but not the net weight of the poultry or the name and address of 
1548  the dealer. 
1549         (4) It is unlawful to use dressed or ready-to-cook poultry 
1550  in bulk in the preparation of food served to the public, or to 
1551  hold such poultry for the purpose of such use, unless the 
1552  poultry when received was packed in a container clearly bearing 
1553  a label, not less than 3 inches by 5 inches, on which was 
1554  plainly and legibly printed, in letters not less than 1/4 one 
1555  fourth inch high in height, the grade and the part name or 
1556  whole-bird statement of such poultry. The grade may be expressed 
1557  in the term “premium,” “good,” or “standard,” or as the grade of 
1558  another state or federal agency the standards of quality of 
1559  which, by law, are equal to the standards of quality provided by 
1560  this law and rules promulgated hereunder. 
1561         (5) It is unlawful to offer dressed or ready-to-cook 
1562  poultry for sale in any advertisement in a newspaper or 
1563  circular, on radio or television, or in any other form of 
1564  advertising without plainly designating in such advertisement 
1565  the grade and the part name or whole-bird statement of such 
1566  poultry. 
1567         Section 48. Subsection (1) of section 585.61, Florida 
1568  Statutes, is amended to read: 
1569         585.61 Animal disease diagnostic laboratories.— 
1570         (1) There is hereby created and established an animal 
1571  disease diagnostic laboratory in Osceola County and Suwannee 
1572  County. The laboratory complex in Osceola County is designated 
1573  as “The Bronson Animal Disease Diagnostic Laboratory.” 
1574         Section 49. Section 590.125, Florida Statutes, is amended 
1575  to read: 
1576         590.125 Open burning authorized by the division.— 
1577         (1) DEFINITIONS.—As used in this section, the term: 
1578         (a) “Certified pile burner” means an individual who 
1579  successfully completes the division’s pile burning certification 
1580  program and possesses a valid pile burner certification number. 
1581         (a) “Prescribed burning” means the controlled application 
1582  of fire in accordance with a written prescription for vegetative 
1583  fuels under specified environmental conditions while following 
1584  appropriate precautionary measures that ensure that the fire is 
1585  confined to a predetermined area to accomplish the planned fire 
1586  or land-management objectives. 
1587         (b) “Certified prescribed burn manager” means an individual 
1588  who successfully completes the certified prescribed burning 
1589  certification program of the division and possesses a valid 
1590  certification number. 
1591         (c) “Prescription” means a written plan establishing the 
1592  criteria necessary for starting, controlling, and extinguishing 
1593  a prescribed burn. 
1594         (c)(d) “Extinguished” means: that no spreading flame 
1595         1. For wild land burning or certified prescribed burning, 
1596  that no spreading flames exist. and no visible flame, smoke, or 
1597  emissions 
1598         2. For vegetative land-clearing debris burning or pile 
1599  burning, that no visible flames exist. 
1600         3. For vegetative land-clearing debris burning or pile 
1601  burning in an area designated as smoke sensitive by the 
1602  division, that no visible flames, smoke, or emissions exist. 
1603         (d) “Land-clearing operation” means the uprooting or 
1604  clearing of vegetation in connection with the construction of 
1605  buildings and rights-of-way, land development, and mineral 
1606  operations. The term does not include the clearing of yard 
1607  trash. 
1608         (e) “Pile burning” means the burning of silvicultural, 
1609  agricultural, or land-clearing and tree-cutting debris 
1610  originating onsite, which is stacked together in a round or 
1611  linear fashion, including, but not limited to, a windrow. 
1612         (f) “Prescribed burning” means the controlled application 
1613  of fire in accordance with a written prescription for vegetative 
1614  fuels under specified environmental conditions while following 
1615  appropriate precautionary measures that ensure that the fire is 
1616  confined to a predetermined area to accomplish the planned fire 
1617  or land-management objectives. 
1618         (g) “Prescription” means a written plan establishing the 
1619  criteria necessary for starting, controlling, and extinguishing 
1620  a prescribed burn. 
1621         (h) “Yard trash” means vegetative matter resulting from 
1622  landscaping and yard maintenance operations and other such 
1623  routine property cleanup activities. The term includes materials 
1624  such as leaves, shrub trimmings, grass clippings, brush, and 
1625  palm fronds. 
1626         (2) NONCERTIFIED BURNING.— 
1627         (a) Persons may be authorized to burn wild land or 
1628  vegetative land-clearing debris in accordance with this 
1629  subsection if: 
1630         1. There is specific consent of the landowner or his or her 
1631  designee; 
1632         2. Authorization has been obtained from the division or its 
1633  designated agent before starting the burn; 
1634         3. There are adequate firebreaks at the burn site and 
1635  sufficient personnel and firefighting equipment for the control 
1636  of the fire; 
1637         4. The fire remains within the boundary of the authorized 
1638  area; 
1639         5. Someone is present at the burn site until the fire is 
1640  extinguished; 
1641         6. The division does not cancel the authorization; and 
1642         7. The division determines that air quality and fire danger 
1643  are favorable for safe burning. 
1644         (b) A person who burns wild land or vegetative land 
1645  clearing debris in a manner that violates any requirement of 
1646  this subsection commits a misdemeanor of the second degree, 
1647  punishable as provided in s. 775.082 or s. 775.083. 
1648         (3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND 
1649  PURPOSE.— 
1650         (a) The application of prescribed burning is a land 
1651  management tool that benefits the safety of the public, the 
1652  environment, and the economy of the state. The Legislature finds 
1653  that: 
1654         1. Prescribed burning reduces vegetative fuels within wild 
1655  land areas. Reduction of the fuel load reduces the risk and 
1656  severity of wildfire, thereby reducing the threat of loss of 
1657  life and property, particularly in urban areas. 
1658         2. Most of Florida’s natural communities require periodic 
1659  fire for maintenance of their ecological integrity. Prescribed 
1660  burning is essential to the perpetuation, restoration, and 
1661  management of many plant and animal communities. Significant 
1662  loss of the state’s biological diversity will occur if fire is 
1663  excluded from fire-dependent systems. 
1664         3. Forestland and rangeland constitute significant 
1665  economic, biological, and aesthetic resources of statewide 
1666  importance. Prescribed burning on forestland prepares sites for 
1667  reforestation, removes undesirable competing vegetation, 
1668  expedites nutrient cycling, and controls or eliminates certain 
1669  forest pathogens. On rangeland, prescribed burning improves the 
1670  quality and quantity of herbaceous vegetation necessary for 
1671  livestock production. 
1672         4. The state purchased hundreds of thousands of acres of 
1673  land for parks, preserves, wildlife management areas, forests, 
1674  and other public purposes. The use of prescribed burning for 
1675  management of public lands is essential to maintain the specific 
1676  resource values for which these lands were acquired. 
1677         5. A public education program is necessary to make citizens 
1678  and visitors aware of the public safety, resource, and economic 
1679  benefits of prescribed burning. 
1680         6. Proper training in the use of prescribed burning is 
1681  necessary to ensure maximum benefits and protection for the 
1682  public. 
1683         7. As Florida’s population continues to grow, pressures 
1684  from liability issues and nuisance complaints inhibit the use of 
1685  prescribed burning. Therefore, the division is urged to maximize 
1686  the opportunities for prescribed burning conducted during its 
1687  daytime and nighttime authorization process. 
1688         (b) Certified prescribed burning pertains only to broadcast 
1689  burning for purposes of silviculture, wildlife management, 
1690  ecological maintenance and restoration, hazardous fuels 
1691  reduction, and range and pasture management. It must be 
1692  conducted in accordance with this subsection and: 
1693         1. May be accomplished only when a certified prescribed 
1694  burn manager is present on site with a copy of the prescription 
1695  from ignition of the burn to its completion. 
1696         2. Requires that a written prescription be prepared before 
1697  receiving authorization to burn from the division. 
1698         3. Requires that the specific consent of the landowner or 
1699  his or her designee be obtained before requesting an 
1700  authorization. 
1701         4. Requires that an authorization to burn be obtained from 
1702  the division before igniting the burn. 
1703         5. Requires that there be adequate firebreaks at the burn 
1704  site and sufficient personnel and firefighting equipment for the 
1705  control of the fire. 
1706         6. Is considered to be in the public interest and does not 
1707  constitute a public or private nuisance when conducted under 
1708  applicable state air pollution statutes and rules. 
1709         7. Is considered to be a property right of the property 
1710  owner if vegetative fuels are burned as required in this 
1711  subsection. 
1712         (c) Neither a property owner nor his or her agent is liable 
1713  pursuant to s. 590.13 for damage or injury caused by the fire or 
1714  resulting smoke or considered to be in violation of subsection 
1715  (2) for burns conducted in accordance with this subsection 
1716  unless gross negligence is proven. 
1717         (d) Any certified burner who violates this section commits 
1718  a misdemeanor of the second degree, punishable as provided in s. 
1719  775.082 or s. 775.083. 
1720         (e) The division shall adopt rules for the use of 
1721  prescribed burning and for certifying and decertifying certified 
1722  prescribed burn managers based on their past experience, 
1723  training, and record of compliance with this section. 
1724         (4) CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND 
1725  PURPOSE.— 
1726         (a) Pile burning is a tool that benefits current and future 
1727  generations in Florida by disposing of naturally occurring 
1728  vegetative debris through burning rather than disposing of the 
1729  debris in landfills. 
1730         (b) Certified pile burning pertains to the disposal of 
1731  piled, naturally occurring debris from an agricultural, 
1732  silvicultural, or temporary land-clearing operation. A land 
1733  clearing operation is temporary if it operates for 6 months or 
1734  less. Certified pile burning must be conducted in accordance 
1735  with this subsection, and: 
1736         1. A certified pile burner must ensure, before ignition, 
1737  that the piles are properly placed and that the content of the 
1738  piles is conducive to efficient burning. 
1739         2. A certified pile burner must ensure that the piles are 
1740  properly extinguished no later than 1 hour after sunset. If the 
1741  burn is conducted in an area designated by the division as smoke 
1742  sensitive, a certified pile burner must ensure that the piles 
1743  are properly extinguished at least 1 hour before sunset. 
1744         3. A written pile burn plan must be prepared before 
1745  receiving authorization from the division to burn. 
1746         4. The specific consent of the landowner or his or her 
1747  agent must be obtained before requesting authorization to burn. 
1748         5. An authorization to burn must be obtained from the 
1749  division or its designated agent before igniting the burn. 
1750         6. There must be adequate firebreaks and sufficient 
1751  personnel and firefighting equipment at the burn site to control 
1752  the fire. 
1753         (c) If a burn is conducted in accordance with this 
1754  subsection, the property owner and his or her agent are not 
1755  liable under s. 590.13 for damage or injury caused by the fire 
1756  or resulting smoke, and are not in violation of subsection (2), 
1757  unless gross negligence is proven. 
1758         (d) A certified pile burner who violates this section 
1759  commits a misdemeanor of the second degree, punishable as 
1760  provided in s. 775.082 or s. 775.083. 
1761         (e) The division shall adopt rules regulating certified 
1762  pile burning. The rules shall include procedures and criteria 
1763  for certifying and decertifying certified pile burn managers 
1764  based on past experience, training, and record of compliance 
1765  with this section. 
1766         (5)(4) WILDFIRE HAZARD REDUCTION TREATMENT BY THE 
1767  DIVISION.—The division may conduct fuel reduction initiatives, 
1768  including, but not limited to, burning and mechanical and 
1769  chemical treatment, on any area of wild land within the state 
1770  which is reasonably determined to be in danger of wildfire in 
1771  accordance with the following procedures: 
1772         (a) Describe the areas that will receive fuels treatment to 
1773  the affected local governmental entity. 
1774         (b) Publish a treatment notice, including a description of 
1775  the area to be treated, in a conspicuous manner in at least one 
1776  newspaper of general circulation in the area of the treatment 
1777  not less than 10 days before the treatment. 
1778         (c) Prepare, and send the county tax collector shall 
1779  include with the annual tax statement, a notice to be sent to 
1780  all landowners in each area township designated by the division 
1781  as a wildfire hazard area. The notice must describe particularly 
1782  the area to be treated and the tentative date or dates of the 
1783  treatment and must list the reasons for and the expected 
1784  benefits from the wildfire hazard reduction. 
1785         (d) Consider any landowner objections to the fuels 
1786  treatment of his or her property. The landowner may apply to the 
1787  director of the division for a review of alternative methods of 
1788  fuel reduction on the property. If the director or his or her 
1789  designee does not resolve the landowner objection, the director 
1790  shall convene a panel made up of the local forestry unit 
1791  manager, the fire chief of the jurisdiction, and the affected 
1792  county or city manager, or any of their designees. If the 
1793  panel’s recommendation is not acceptable to the landowner, the 
1794  landowner may request further consideration by the Commissioner 
1795  of Agriculture or his or her designee and shall thereafter be 
1796  entitled to an administrative hearing pursuant to the provisions 
1797  of chapter 120. 
1798         (6) DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING 
1799  AUTHORIZATION PROGRAMS.— 
1800         (a) A county or municipality may exercise the division’s 
1801  authority, if delegated by the division under this subsection, 
1802  to issue authorizations for the burning of yard trash or debris 
1803  from land-clearing operations. A county’s or municipality’s 
1804  existing or proposed open burning authorization program must: 
1805         1. Be approved by the division. The division shall not 
1806  approve a program if it fails to meet the requirements of 
1807  subsections (2) and (4) and any rules adopted under those 
1808  subsections. 
1809         2. Provide by ordinance or local law the requirements for 
1810  obtaining and performing a burn authorization that comply with 
1811  subsections (2) and (4) and any rules adopted under those 
1812  subsections. 
1813         3. Provide for the enforcement of the program’s 
1814  requirements. 
1815         4. Provide financial, personnel, and other resources needed 
1816  to carry out the program. 
1817         (b) If the division determines that a county’s or 
1818  municipality’s open burning authorization program does not 
1819  comply with subsections (2) and (4) and any rules adopted under 
1820  those subsections, the division shall require the county or 
1821  municipality to take necessary corrective actions within a 
1822  reasonable period, not to exceed 90 days. 
1823         1. If the county or municipality fails to take the 
1824  necessary corrective actions within the required period, the 
1825  division shall resume administration of the open burning 
1826  authorization program in the county or municipality and the 
1827  county or municipality shall cease administration of its 
1828  program. 
1829         2. Each county and municipality administering an open 
1830  burning authorization program must cooperate with and assist the 
1831  division in carrying out the division’s powers, duties, and 
1832  functions. 
1833         3. A person who violates the requirements of a county’s or 
1834  municipality’s open burning authorization program, as provided 
1835  by ordinance or local law enacted pursuant to this section, 
1836  commits a violation of this chapter, punishable as provided in 
1837  s. 590.14. 
1838         (7)(5) DUTIES OF AGENCIES.—The Department of Education 
1839  shall incorporate, where feasible and appropriate, the issues of 
1840  fuels treatment, including prescribed burning, into its 
1841  educational materials. 
1842         Section 50. Section 590.14, Florida Statutes, is amended to 
1843  read: 
1844         590.14 Notice of violation; penalties.— 
1845         (1) If a division employee determines that a person has 
1846  violated chapter 589, or this chapter, or any rule adopted by 
1847  the division to administer provisions of law conferring duties 
1848  upon the division, the division employee he or she may issue a 
1849  notice of violation indicating the statute violated. This notice 
1850  will be filed with the division and a copy forwarded to the 
1851  appropriate law enforcement entity for further action if 
1852  necessary. 
1853         (2) In addition to any penalties provided by law, any 
1854  person who causes a wildfire or permits any authorized fire to 
1855  escape the boundaries of the authorization or to burn past the 
1856  time of the authorization is liable for the payment of all 
1857  reasonable costs and expenses incurred in suppressing the fire 
1858  or $150, whichever is greater. All costs and expenses incurred 
1859  by the division shall be payable to the division. When such 
1860  costs and expenses are not paid within 30 days after demand, the 
1861  division may take proper legal proceedings for the collection of 
1862  the costs and expenses. Those costs incurred by an agency acting 
1863  at the division’s direction are recoverable by that agency. 
1864         (3) The department may also impose an administrative fine, 
1865  not to exceed $1,000 per violation of any section of chapter 589 
1866  or this chapter or violation of any rule adopted by the division 
1867  to administer provisions of law conferring duties upon the 
1868  division. The fine shall be based upon the degree of damage, the 
1869  prior violation record of the person, and whether the person 
1870  knowingly provided false information to obtain an authorization. 
1871  The fines shall be deposited in the Incidental Trust Fund of the 
1872  division. 
1873         (4) A person may not: 
1874         (a) Fail to comply with any rule or order adopted by the 
1875  division to administer provisions of law conferring duties upon 
1876  the division; or 
1877         (b) Knowingly make any false statement or representation in 
1878  any application, record, plan, or other document required by 
1879  this chapter or any rules adopted under this chapter. 
1880         (5) A person who violates paragraph (4)(a) or paragraph 
1881  (4)(b) commits a misdemeanor of the second degree, punishable as 
1882  provided in s. 775.082 or s. 775.083. 
1883         (6) It is the intent of the Legislature that a penalty 
1884  imposed by a court under subsection (5) be of a severity that 
1885  ensures immediate and continued compliance with this section. 
1886         (7)(4) The penalties provided in this section shall extend 
1887  to both the actual violator and the person or persons, firm, or 
1888  corporation causing, directing, or permitting the violation. 
1889         Section 51. Paragraph (a) of subsection (1) of section 
1890  599.004, Florida Statutes, is amended to read: 
1891         599.004 Florida Farm Winery Program; registration; logo; 
1892  fees.— 
1893         (1) The Florida Farm Winery Program is established within 
1894  the Department of Agriculture and Consumer Services. Under this 
1895  program, a winery may qualify as a tourist attraction only if it 
1896  is registered with and certified by the department as a Florida 
1897  Farm Winery. A winery may not claim to be certified unless it 
1898  has received written approval from the department. 
1899         (a) To qualify as a certified Florida Farm Winery, a winery 
1900  shall meet the following standards: 
1901         1. Produce or sell less than 250,000 gallons of wine 
1902  annually. 
1903         2. Maintain a minimum of 10 acres of owned or managed land 
1904  vineyards in Florida which produces commodities used in the 
1905  production of wine. 
1906         3. Be open to the public for tours, tastings, and sales at 
1907  least 30 hours each week. 
1908         4. Make annual application to the department for 
1909  recognition as a Florida Farm Winery, on forms provided by the 
1910  department. 
1911         5. Pay an annual application and registration fee of $100. 
1912         Section 52. Subsection (1) of section 604.15, Florida 
1913  Statutes, is amended, and subsection (11) is added to that 
1914  section, to read: 
1915         604.15 Dealers in agricultural products; definitions.—For 
1916  the purpose of ss. 604.15-604.34, the following words and terms, 
1917  when used, shall be construed to mean: 
1918         (1) “Agricultural products” means the natural products of 
1919  the farm, nursery, grove, orchard, vineyard, garden, and apiary 
1920  (raw or manufactured); sod; tropical foliage; horticulture; hay; 
1921  livestock; milk and milk products; poultry and poultry products; 
1922  the fruit of the saw palmetto (meaning the fruit of the Serenoa 
1923  repens); limes (meaning the fruit Citrus aurantifolia, variety 
1924  Persian, Tahiti, Bearss, or Florida Key limes); and any other 
1925  nonexempt agricultural products produced in the state, except 
1926  tobacco, sugarcane, tropical foliage, timber and timber 
1927  byproducts, forest products as defined in s. 591.17, and citrus 
1928  other than limes. 
1929         (11) “Responsible position” means a position within the 
1930  business of a dealer in agricultural products that has the 
1931  authority to negotiate or make the purchase of agricultural 
1932  products on behalf of the dealer’s business or has principal 
1933  active management authority over the business decisions, 
1934  actions, and activities of the dealer’s business in this state. 
1935         Section 53. Section 604.19, Florida Statutes, is amended to 
1936  read: 
1937         604.19 License; fee; bond; certificate of deposit; 
1938  penalty.—Unless the department refuses the application on one or 
1939  more of the grounds provided in this section, it shall issue to 
1940  an applicant, upon the payment of required fees and the 
1941  execution and delivery of a bond or certificate of deposit as 
1942  provided in this section, a state license entitling the 
1943  applicant to conduct business as a dealer in agricultural 
1944  products for a 1-year period to coincide with the effective 
1945  period of the bond or certificate of deposit furnished by the 
1946  applicant. During the 1-year period covered by a license, if the 
1947  supporting surety bond or certificate of deposit is canceled for 
1948  any reason, the license shall automatically expire on the date 
1949  the surety bond or certificate of deposit terminates, unless an 
1950  acceptable replacement is in effect before the date of 
1951  termination so that continual coverage occurs for the remaining 
1952  period of the license. A surety company shall give the 
1953  department a 30-day written notice of cancellation by certified 
1954  mail in order to cancel a bond. Cancellation of a bond or 
1955  certificate of deposit does shall not relieve a surety company 
1956  or financial institution of liability for purchases or sales 
1957  occurring while the bond or certificate of deposit was in 
1958  effect. The license fee, which must be paid for the principal 
1959  place of business for a dealer in agricultural products, shall 
1960  be based upon the amount of the dealer’s surety bond or 
1961  certificate of deposit furnished by each dealer under the 
1962  provisions of s. 604.20 and may not exceed $500. For each 
1963  additional place in which the applicant desires to conduct 
1964  business and which the applicant names in the application, the 
1965  additional license fee must be paid but may not exceed $100 
1966  annually. If a Should any dealer in agricultural products fails, 
1967  refuses, or neglects fail, refuse, or neglect to apply and 
1968  qualify for the renewal of a license on or before its the date 
1969  of expiration date thereof, a penalty not to exceed $100 shall 
1970  apply to and be added to the original license fee for the 
1971  principal place of business and to the license fee for each 
1972  additional place of business named in the application and shall 
1973  be paid by the applicant before the renewal license may be 
1974  issued. The department by rule shall prescribe fee amounts 
1975  sufficient to fund ss. 604.15-604.34. 
1976         Section 54. Section 604.25, Florida Statutes, is amended to 
1977  read: 
1978         604.25 Denial of, refusal to renew grant, or suspension or 
1979  revocation of, license.— 
1980         (1) The department may deny, refuse to renew, decline to 
1981  grant a license or may suspend or revoke a license already 
1982  granted if the applicant or licensee has: 
1983         (1)(a) Suffered a monetary judgment entered against the 
1984  applicant or licensee upon which is execution has been returned 
1985  unsatisfied; 
1986         (2)(b) Made false charges for handling or services 
1987  rendered; 
1988         (3)(c) Failed to account promptly and properly or to make 
1989  settlements with any producer; 
1990         (4)(d) Made any false statement or statements as to 
1991  condition, quality, or quantity of goods received or held for 
1992  sale when the true condition, quality, or quantity could have 
1993  been ascertained by reasonable inspection; 
1994         (5)(e) Made any false or misleading statement or statements 
1995  as to market conditions or service rendered; 
1996         (6)(f) Been guilty of a fraud in the attempt to procure, or 
1997  the procurement of, a license; 
1998         (7)(g) Directly or indirectly sold agricultural products 
1999  received on consignment or on a net return basis for her or his 
2000  own account, without prior authority from the producer 
2001  consigning the same, or without notifying such producer; 
2002         (8)(h) Failed to prevent a person from holding a position 
2003  as the applicant’s or licensee’s owner, officer, director, 
2004  general or managing partner, or employee Employed in a 
2005  responsible position a person, or holding any other similarly 
2006  situated position, if the person holds or has held a similar 
2007  position with any entity that an officer of a corporation, who 
2008  has failed to fully comply with an order of the department, has 
2009  not satisfied a civil judgment held by the department, has 
2010  pending any administrative or civil enforcement action by the 
2011  department, or has pending any criminal charges pursuant to s. 
2012  604.30 at any time within 1 year after issuance; 
2013         (9)(i) Violated any statute or rule relating to the 
2014  purchase or sale of any agricultural product, whether or not 
2015  such transaction is subject to the provisions of this chapter; 
2016  or 
2017         (10)(j) Failed to submit to the department an application, 
2018  appropriate license fees, and an acceptable surety bond or 
2019  certificate of deposit; or. 
2020         (11)(2) Failed If a licensee fails or refused refuses to 
2021  comply in full with an order of the department or failed to 
2022  satisfy a civil judgment owed to the department, her or his 
2023  license may be suspended or revoked, in which case she or he 
2024  shall not be eligible for license for a period of 1 year or 
2025  until she or he has fully complied with the order of the 
2026  department. 
2027         (3) No person, or officer of a corporation, whose license 
2028  has been suspended or revoked for failure to comply with an 
2029  order of the department may hold a responsible position with a 
2030  licensee for a period of 1 year or until the order of the 
2031  department has been fully complied with. 
2032         Section 55. Subsections (18) and (19) of section 616.242, 
2033  Florida Statutes, are renumbered as subsections (19) and (20), 
2034  respectively, and a new subsection (18) is added to that section 
2035  to read: 
2036         616.242 Safety standards for amusement rides.— 
2037         (18) STOP-OPERATION ORDERS.—If an owner or amusement ride 
2038  fails to comply with this chapter or any rule adopted under this 
2039  chapter, the department may issue a stop-operation order. 
2040         Section 56. Subsection (7) is added to section 624.4095, 
2041  Florida Statutes, to read: 
2042         624.4095 Premiums written; restrictions.— 
2043         (7) For purposes of this section and s. 624.407, with 
2044  regard to required capital and surplus, gross written premiums 
2045  for federal multiple-peril crop insurance which are ceded to the 
2046  Federal Crop Insurance Corporation and authorized reinsurers may 
2047  not be included when calculating the insurer’s gross writing 
2048  ratio. The liabilities for the ceded reinsurance premiums shall 
2049  be netted against the asset for amounts recoverable from 
2050  reinsurers. Each insurer that writes other insurance products 
2051  together with federal multiple-peril crop insurance must 
2052  disclose in the notes to the annual and quarterly financial 
2053  statement, or file a supplement to the financial statement which 
2054  discloses, a breakout of the gross written premiums for federal 
2055  multiple-peril crop insurance. 
2056         Section 57. Subsection (4) of section 686.201, Florida 
2057  Statutes, is amended to read: 
2058         686.201 Sales representative contracts involving 
2059  commissions; requirements; termination of agreement; civil 
2060  remedies.— 
2061         (4) This section does not apply to persons licensed 
2062  pursuant to chapter 475 who are performing services within the 
2063  scope of their license or to contracts to which a seller of 
2064  travel, as defined in s. 559.927, is a party. 
2065         Section 58. Paragraph (c) of subsection (5) of section 
2066  790.06, Florida Statutes, is amended to read: 
2067         790.06 License to carry concealed weapon or firearm.— 
2068         (5) The applicant shall submit to the Department of 
2069  Agriculture and Consumer Services: 
2070         (c) A full set of fingerprints of the applicant 
2071  administered by a law enforcement agency or the Division of 
2072  Licensing of the Department of Agriculture and Consumer 
2073  Services. 
2074         Section 59. Sections 570.071 and 570.901, Florida Statutes, 
2075  are repealed. 
2076         Section 60. Section 828.126, Florida Statutes, is created 
2077  to read: 
2078         828.126 Sexual activities involving animals.— 
2079         (1) As used in this section, the term “sexual activities” 
2080  means oral, anal, or vaginal penetration by, or union with, the 
2081  sexual organ of an animal or the anal or vaginal penetration of 
2082  an animal by any object. 
2083         (2) A person may not knowingly: 
2084         (a) Engage in a sexual activities with an animal; 
2085         (b) Cause, aid, or abet another person to engage in sexual 
2086  activities with an animal; 
2087         (c) Permit any sexual activities with an animal to be 
2088  conducted on any premises under his or her control; or 
2089         (d) Organize, promote, conduct, advertise, aid, abet, 
2090  participate in as an observer, or perform any service in the 
2091  furtherance of an act involving any sexual activities with an 
2092  animal for a commercial or recreational purpose. 
2093         (3) A person who violates this section commits a 
2094  misdemeanor of the first degree, punishable as provided in s. 
2095  775.082 or s. 775.083. 
2096         (4) This section does not apply to normal and ordinary 
2097  animal husbandry practices, conformation judging practices, or 
2098  accepted veterinary medical practices. 
2099         Section 61. The Department of Agriculture and Consumer 
2100  Services shall meet with duly authorized representatives of 
2101  established organizations representing the Florida pest control 
2102  industry and prepare a report that shall be submitted to the 
2103  President of the Senate, the Speaker of the House of 
2104  Representatives, the chairperson of the Senate Committee on 
2105  Agriculture, and the chairperson of the House Committee on 
2106  Agribusiness by January 1, 2011. The report shall include 
2107  recommended amendments to chapter 482, Florida Statutes, which 
2108  provide for disciplinary action to be taken against licensees 
2109  who violate laws or rules pertaining to the pretreatment of soil 
2110  to protect newly constructed homes, pest control at sensitive 
2111  facilities such as schools and nursing homes, and also the 
2112  fumigation of existing homes for protection against termite 
2113  damage, thereby providing additional safeguards for consumers. 
2114  The report may also address other issues of concern to the 
2115  department and to members of the industry, such as changes to 
2116  requirements for professional liability insurance coverage or 
2117  the amount of bond required, duties and responsibilities of a 
2118  certified operator, issuance of a centralized pest control 
2119  service center license, and limited certification for commercial 
2120  wildlife management personnel. 
2121         Section 62. This act shall take effect July 1, 2010.