Bill Text: FL S0740 | 2018 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Agriculture and Consumer Services
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2018-03-26 - Chapter No. 2018-84 [S0740 Detail]
Download: Florida-2018-S0740-Introduced.html
Bill Title: Department of Agriculture and Consumer Services
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2018-03-26 - Chapter No. 2018-84 [S0740 Detail]
Download: Florida-2018-S0740-Introduced.html
Florida Senate - 2018 SB 740 By Senator Stargel 22-00439B-18 2018740__ 1 A bill to be entitled 2 An act relating to the Department of Agriculture and 3 Consumer Services; amending s. 379.361, F.S.; 4 transferring authority to issue licenses for oyster 5 harvesting in Apalachicola Bay from the department to 6 the City of Apalachicola; revising the disposition and 7 permitted uses of license proceeds; amending s. 8 487.041, F.S.; deleting obsolete provisions; deleting 9 a requirement that all pesticide registration fees be 10 submitted electronically; amending s. 493.6105, F.S.; 11 revising the submission requirements for a Class “K” 12 firearm license application; amending s. 493.6113, 13 F.S.; revising submission requirements for a Class “K” 14 firearm license renewal; amending s. 496.415, F.S.; 15 prohibiting the comingling of funds in connection with 16 the planning, conduct, or execution of any 17 solicitation or charitable or sponsor sales promotion; 18 amending s. 496.418, F.S.; revising recordkeeping and 19 accounting requirements for solicitations of funds; 20 amending s. 500.459, F.S.; revising permitting 21 requirements and operating standards for water vending 22 machines; amending s. 501.059, F.S.; revising the term 23 “telephonic sales call”; prohibiting telephone 24 solicitors from initiating certain contact with 25 businesses who previously communicated that they did 26 not wish to be so contacted; creating s. 501.6175, 27 F.S.; specifying recordkeeping requirements for 28 commercial telephone sellers; amending s. 501.912, 29 F.S.; revising terms; amending s. 501.913, F.S.; 30 authorizing antifreeze brands to be registered for a 31 specified period; deleting a provision relating to the 32 registration of brands that are no longer in 33 production; specifying a certified report requirement 34 for first-time applications; amending s. 501.917, 35 F.S.; revising department sampling and analysis 36 requirements for antifreeze; specifying that the 37 certificate of analysis is prima facie evidence of the 38 facts stated therein; amending s. 501.92, F.S.; 39 revising when the department may require an antifreeze 40 formula for analysis; amending s. 525.07, F.S.; 41 authorizing the department to seize skimming devices 42 without a warrant; amending s. 526.51, F.S.; revising 43 application requirements and fees for brake fluid 44 brands; deleting a provision relating to the 45 registration of brands that are no longer in 46 production; amending s. 526.53, F.S.; revising 47 department sampling and analysis requirements for 48 brake fluid; specifying that the certificate of 49 analysis is prima facie evidence of the facts stated 50 therein; amending s. 527.01, F.S.; revising terms; 51 amending s. 527.02, F.S.; revising the persons subject 52 to liquefied petroleum business licensing provisions; 53 revising such licensing fees and requirements; 54 revising reporting and fee requirements for certain 55 material changes to license information; deleting a 56 provision authorizing license transfers; amending s. 57 527.0201, F.S.; revising the persons subject to 58 liquefied petroleum qualifier competency examination, 59 registry, supervisory, and employment requirements; 60 revising the expiration of qualifier registrations; 61 revising the persons subject to master qualifier 62 requirements; revising master qualifier application 63 requirements; deleting provisions specifying that a 64 failure to replace master qualifiers within certain 65 periods constitutes grounds for license revocation; 66 deleting a provision relating to facsimile 67 transmission of duplicate licenses; amending s. 68 527.021, F.S.; revising the circumstances under which 69 liquefied petroleum gas bulk delivery vehicles must be 70 registered with the department; amending s. 527.03, 71 F.S.; authorizing certain liquefied petroleum gas 72 registrations to be renewed for 2 or 3 years; deleting 73 certain renewal period requirements; amending s. 74 527.04, F.S.; revising the persons required to provide 75 the department with proof of insurance; revising the 76 required payee for a bond in lieu of such insurance; 77 amending s. 527.0605, F.S.; deleting provisions 78 requiring licensees to submit a site plan and review 79 fee for liquefied petroleum bulk storage container 80 locations; amending s. 527.065, F.S.; revising the 81 circumstances under which a liquefied petroleum gas 82 licensee must notify the department of an accident; 83 amending ss. 527.10 and 527.21, F.S.; conforming 84 provisions to changes made by the act; amending s. 85 527.22, F.S.; deleting an obsolete provision; amending 86 s. 531.67, F.S.; extending the expiration date of 87 certain provisions relating to permits for 88 commercially operated or tested weights or measures 89 instruments or devices; amending s. 570.07, F.S.; 90 authorizing the department to waive certain fees 91 during a state of emergency; amending s. 573.111, 92 F.S.; revising the required posting location for the 93 issuance of an agricultural commodity marketing order; 94 amending s. 578.011, F.S.; revising and defining 95 terms; creating s. 578.012, F.S.; providing 96 legislative intent; creating a preemption of local law 97 relating to regulation of seed; amending s. 578.08, 98 F.S.; revising application requirements for the 99 registration of seed dealers; conforming provisions to 100 changes made by the act; specifying that a receipt 101 from the department need not be written to constitute 102 a permit; deleting an exception to registration 103 requirements for certain experiment stations; 104 requiring the payment of fees when packet seed is 105 placed into commerce; amending s. 578.09, F.S.; 106 revising labeling requirements for agricultural, 107 vegetable, flower, tree, and shrub seeds; conforming a 108 cross-reference; repealing s. 578.091, F.S., relating 109 to labeling of forest tree seed; amending s. 578.10, 110 F.S.; revising exemptions to seed labeling, sale, and 111 solicitation requirements; amending s. 578.11, F.S.; 112 conforming provisions to changes made by the act; 113 making technical changes; amending s. 578.12, F.S.; 114 conforming provisions to changes made by the act; 115 amending s. 578.13, F.S.; conforming provisions to 116 changes made by the act; specifying that it is 117 unlawful to move, handle, or dispose of seeds or tags 118 under a stop-sale notice or order without permission 119 from the department; specifying that it is unlawful to 120 represent seed as certified except under specified 121 conditions or to label seed with a variety name under 122 certain conditions; repealing s. 578.14, F.S., 123 relating to packet vegetable and flower seed; amending 124 s. 578.181, F.S.; revising penalties; amending s. 125 578.23, F.S.; revising recordkeeping requirements 126 relating to seed labeling; amending s. 578.26, F.S.; 127 conforming provisions to changes made by the act; 128 specifying that certain persons may not commence legal 129 proceedings or make certain claims against a seed 130 dealer before certain findings and recommendations are 131 transmitted by the seed investigation and conciliation 132 council to the complainant and dealer; deleting a 133 requirement that the department transmit such findings 134 and recommendations to complainants and dealers; 135 requiring the department to mail a copy of the 136 council’s procedures to both parties upon receipt of a 137 complaint; amending s. 578.27, F.S.; removing 138 alternate membership from the seed investigation and 139 conciliation council; revising the terms of members of 140 the council; conforming provisions to changes made by 141 the act; revising the purpose of the council; revising 142 the council’s investigatory process; renumbering and 143 amending s. 578.28, F.S.; making a technical change; 144 creating s. 578.29, F.S.; prohibiting certain noxious 145 weed seed from being offered or exposed for sale; 146 amending s. 590.02, F.S.; authorizing the Florida 147 Forest Service to pay certain employees’ initial 148 commercial driver license examination fees; amending 149 s. 790.06, F.S.; revising required department handling 150 of incomplete criminal history information in relation 151 to licensure to carry concealed firearms; revising the 152 required furnished statement to obtain a duplicate or 153 substitute concealed weapon or firearm license; 154 amending s. 790.0625, F.S.; revising required tax 155 collector collection and remittance of firearm license 156 fees; revising the fees which a tax collector may 157 retain; authorizing certain tax collectors to print 158 and deliver certain replacement licenses under certain 159 conditions; authorizing certain tax collectors to 160 offer fingerprinting and photographing services to aid 161 license applicants; creating s. 817.417, F.S.; 162 providing a short title; defining terms; specifying 163 department duties and responsibilities relating to 164 government impostor and deceptive advertisements; 165 requiring rulemaking by the department; specifying 166 that it is a violation to disseminate certain 167 misleading or confusing advertisements, to make 168 certain misleading or confusing representations, to 169 use content implying or leading to confusion that such 170 content is from a governmental entity when such is not 171 true, to fail to provide certain disclosures, and to 172 fail to provide certain responses and answers to the 173 department; requiring a person offering documents that 174 are available free of charge or at a lesser price from 175 a governmental entity to provide a certain disclosure; 176 providing penalties; amending s. 489.105, F.S.; 177 conforming provisions to changes made by the act; 178 reenacting s. 527.06(3), F.S., relating to published 179 standards of the National Fire Protection Association; 180 providing an effective date. 181 182 Be It Enacted by the Legislature of the State of Florida: 183 184 Section 1. Paragraphs (b), (d), and (i) of subsection (5) 185 of section 379.361, Florida Statutes, are amended to read: 186 379.361 Licenses.— 187 (5) APALACHICOLA BAY OYSTER HARVESTING LICENSE.— 188 (b) ANoperson may notshallharvest oysters from the 189 Apalachicola Bay without a valid Apalachicola Bay oyster 190 harvesting license issued by the City of ApalachicolaDepartment191of Agriculture and Consumer Services. This requirement does 192shallnot apply to anyone harvesting noncommercial quantities of 193 oysters in accordance with commission rules, or to any person 194 less than 18 years old. 195 (d) The City of ApalachicolaDepartment of Agriculture and196Consumer Servicesshall collect an annual fee of $100 from state 197 residents and $500 from nonresidents for the issuance of an 198 Apalachicola Bay oyster harvesting license. The license year 199 shall begin on July 1 of each year and end on June 30 of the 200 following year. The license shall be valid only for the 201 licensee. Only bona fide residents of the stateFloridamay 202 obtain a resident license pursuant to this subsection. 203 (i) The proceeds from Apalachicola Bay oyster harvesting 204 license fees shall be deposited by the City of Apalachicola into 205 a trust accountin the General Inspection Trust Fundand, less 206 reasonable administrative costs, mustshallbe used or 207 distributed by the City of ApalachicolaDepartment of208Agriculture and Consumer Servicesfor the following purposes in 209 Apalachicola Bay: 210 1. An Apalachicola Bay oyster shell recycling program 211Relaying and transplanting live oysters. 212 2. Shell planting to construct or rehabilitate oyster bars. 213 3. Education programs for licensed oyster harvesters on 214 oyster biology, aquaculture, boating and water safety, 215 sanitation, resource conservation, small business management, 216 marketing, and other relevant subjects. 217 4. Research directed toward the enhancement of oyster 218 production in the bay and the water management needs of the bay. 219 Section 2. Paragraphs (a), (b), and (i) of subsection (1) 220 of section 487.041, Florida Statutes, are amended to read: 221 487.041 Registration.— 222 (1)(a)Effective January 1, 2009,Each brand of pesticide, 223 as defined in s. 487.021, which is distributed, sold, or offered 224 for sale, except as provided in this section, within this state 225 or delivered for transportation or transported in intrastate 226 commerce or between points within this state through any point 227 outside this state must be registered in the office of the 228 department, and such registration shall be renewed biennially. 229 Emergency exemptions from registration may be authorized in 230 accordance with the rules of the department. The registrant 231 shall file with the department a statement including: 232 1. The name, business mailing address, and street address 233 of the registrant. 234 2. The name of the brand of pesticide. 235 3. An ingredient statement and a complete current copy of 236 the labeling accompanying the brand of pesticide, which must 237 conform to the registration, and a statement of all claims to be 238 made for it, including directions for use and a guaranteed 239 analysis showing the names and percentages by weight of each 240 active ingredient, the total percentage of inert ingredients, 241 and the names and percentages by weight of each “added 242 ingredient.” 243 (b)Effective January 1, 2009,For the purpose of defraying 244 expenses of the department in connection with carrying out the 245 provisions of this part, each registrant shall pay a biennial 246 registration fee for each registered brand of pesticide. The 247 registration of each brand of pesticide shall cover a designated 248 2-year period beginning on January 1 of each odd-numbered year 249 and expiring on December 31 of the following year. 250(i) Effective January 1, 2013, all payments of any251pesticide registration fees, including late fees, shall be252submitted electronically using the department’s Internet website253for registration of pesticide product brands.254 Section 3. Paragraph (a) of subsection (6) of section 255 493.6105, Florida Statutes, is amended to read: 256 493.6105 Initial application for license.— 257 (6) In addition to the requirements under subsection (3), 258 an applicant for a Class “K” license must: 259 (a) Submit one of the following: 260 1. The Florida Criminal Justice Standards and Training 261 Commission Instructor Certificate and written confirmation by 262 the commission that the applicant possesses an active firearms 263 certification. 264 2. A valid National Rifle Association Private Security 265 Firearm Instructor Certificate issued not more than 3 years 266 before the submission of the applicant’s Class “K” application. 267 3. A valid firearms instructor certificate issued by a 268 federal law enforcement agency issued not more than 3 years 269 before the submission of the applicant’s Class “K” application. 270 4. A valid DD form 214 issued by the United States 271 Department of Defense, an acceptable form as specified by the 272 Department of Veterans’ Affairs, or other official military 273 documentation. Such form or documentation must be issued not 274 more than 3 years before the submission of the applicant’s Class 275 “K” application, indicating that the applicant has been 276 honorably discharged and has served as a military firearms 277 instructor within the last 3 years of service. 278 Section 4. Paragraph (d) of subsection (3) of section 279 493.6113, Florida Statutes, is amended to read: 280 493.6113 Renewal application for licensure.— 281 (3) Each licensee is responsible for renewing his or her 282 license on or before its expiration by filing with the 283 department an application for renewal accompanied by payment of 284 the renewal fee and the fingerprint retention fee to cover the 285 cost of ongoing retention in the statewide automated biometric 286 identification system established in s. 943.05(2)(b). Upon the 287 first renewal of a license issued under this chapter before 288 January 1, 2017, the licensee shall submit a full set of 289 fingerprints and fingerprint processing fees to cover the cost 290 of entering the fingerprints into the statewide automated 291 biometric identification system pursuant to s. 493.6108(4)(a) 292 and the cost of enrollment in the Federal Bureau of 293 Investigation’s national retained print arrest notification 294 program. Subsequent renewals may be completed without submission 295 of a new set of fingerprints. 296 (d) Each Class “K” licensee shall additionally submit: 297 1. One of the certificates specified under s. 493.6105(6) 298 as proof that he or she remains certified to provide firearms 299 instruction; or 300 2. Proof of having taught no less than six 28-hour firearms 301 instruction courses to Class “G” applicants, as specified in s. 302 493.6105(5), during the previous triennial licensure period. 303 Section 5. Subsection (19) is added to section 496.415, 304 Florida Statutes, to read: 305 496.415 Prohibited acts.—It is unlawful for any person in 306 connection with the planning, conduct, or execution of any 307 solicitation or charitable or sponsor sales promotion to: 308 (19) Commingle charitable contributions with noncharitable 309 funds. 310 Section 6. Section 496.418, Florida Statutes, is amended to 311 read: 312 496.418 Recordkeeping and accountingRecords.— 313 (1) Each charitable organization, sponsor, professional 314 fundraising consultant, and professional solicitor that collects 315 or takes control or possession of contributions made for a 316 charitable purpose must keep records to permit accurate 317 reporting and auditing as required by law, must not commingle 318 contributions with noncharitable funds as specified in s. 319 496.415(19), and must be able to account for the funds. When 320 expenditures are not properly documented and disclosed by 321 records, there exists a presumption that the charitable 322 organization, sponsor, professional fundraising consultant, or 323 professional solicitor did not properly expend such funds. 324 Noncharitable funds include any funds that are not used or 325 intended to be used for the operation of the charity or for 326 charitable purposes. 327 (2) Each charitable organization, sponsor, professional 328 fundraising consultant, and professional solicitor must keep for 329 a period of at least 3 years true and accurate records as to its 330 activities in this state which are covered by ss. 496.401 331 496.424. The records must be made available, without subpoena, 332 to the department for inspection and must be furnished no later 333 than 10 working days after requested. 334 Section 7. Paragraph (b) of subsection (3) and paragraph 335 (i) of subsection (5) of section 500.459, Florida Statutes, are 336 amended to read: 337 500.459 Water vending machines.— 338 (3) PERMITTING REQUIREMENTS.— 339 (b) An application for an operating permit must be madein340writingto the department on forms provided by the department 341 and must be accompanied by a fee as provided in subsection (4). 342 The application must state the location of each water vending 343 machine, the source of the water to be vended, the treatment the 344 water will receive prior to being vended, and any other 345 information considered necessary by the department. 346 (5) OPERATING STANDARDS.— 347 (i) The operator shall place on each water vending machine, 348 in a position clearly visible to customers, the following 349 information: the name and address of the operator;the operating350permit number;the fact that the water is obtained from a public 351 water supply; the method of treatment used; the method of 352 postdisinfection used; and a local or toll-free telephone number 353 that may be called for obtaining further information, reporting 354 problems, or making complaints. 355 Section 8. Paragraph (g) of subsection (1) and subsection 356 (5) of section 501.059, Florida Statutes, are amended to read: 357 501.059 Telephone solicitation.— 358 (1) As used in this section, the term: 359 (g) “Telephonic sales call” means a telephone call, 360 ringless direct-to-voicemail delivery, or text message to a 361 consumer for the purpose of soliciting a sale of any consumer 362 goods or services, soliciting an extension of credit for 363 consumer goods or services, or obtaining information that will 364 or may be used for the direct solicitation of a sale of consumer 365 goods or services or an extension of credit for such purposes. 366 (5) A telephone solicitor or other person may not initiate 367 an outbound telephone call or text message to a consumer, 368 business, or donor or potential donor who has previously 369 communicated to the telephone solicitor or other person that he 370 or she does not wish to receive an outbound telephone call or 371 text message: 372 (a) Made by or on behalf of the seller whose goods or 373 services are being offered; or 374 (b) Made on behalf of a charitable organization for which a 375 charitable contribution is being solicited. 376 Section 9. Section 501.6175, Florida Statutes, is created 377 to read: 378 501.6175 Recordkeeping.—A commercial telephone seller shall 379 keep all of the following information for 2 years after the date 380 the information first becomes part of the seller’s business 381 records: 382 (1) The name and telephone number of each consumer 383 contacted by a telephone sales call. 384 (2) All express requests authorizing the telephone 385 solicitor to contact the consumer. 386 (3) Any script, outline, or presentation the applicant 387 requires or suggests a salesperson use when soliciting; sales 388 information or literature to be provided by the commercial 389 telephone seller to a salesperson; and sales information or 390 literature to be provided by the commercial telephone seller to 391 a consumer in connection with any solicitation. 392 393 Within 10 days of an oral or written request by the department, 394 including a written request transmitted by electronic mail, a 395 commercial telephone seller must make the records it keeps 396 pursuant to this section available for inspection and copying by 397 the department during the department’s normal business hours. 398 This section does not limit the department’s ability to inspect 399 and copy material pursuant to any other law. 400 Section 10. Section 501.912, Florida Statutes, is amended 401 to read: 402 501.912 Definitions.—As used in ss. 501.91-501.923: 403 (1) “Antifreeze” means any substance or preparation, 404 including, but not limited to, antifreeze-coolant, antifreeze 405 and summer coolant, or summer coolant, that is sold, 406 distributed, or intended for use: 407 (a) As the cooling liquid, or to be added to the cooling 408 liquid, in the cooling system of internal combustion engines of 409 motor vehicles to prevent freezing of the cooling liquid or to 410 lower its freezing point; or 411 (b) To raise the boiling point of water or for the 412 prevention of engine overheating, whether or not the liquid is 413 used as a year-round cooling system fluid. 414(2) “Antifreeze-coolant,” “antifreeze and summer coolant,”415or “summer coolant” means any substance as defined in subsection416(1) which also is sold, distributed, or intended for raising the417boiling point of water or for the prevention of engine418overheating whether or not used as a year-round cooling system419fluid. Unless otherwise stated, the term “antifreeze” includes420“antifreeze,” “antifreeze-coolant,” “antifreeze and summer421coolant,” and “summer coolant.”422 (2)(3)“Department” means the Department of Agriculture and 423 Consumer Services. 424 (3)(4)“Distribute” means to hold with an intent to sell, 425 offer for sale, sell, barter, or otherwise supply to the 426 consumer. 427 (4)(5)“Package” means a sealed, tamperproof retail 428 package, drum, or other container designed for the sale of 429 antifreeze directly to the consumer or a container from which 430 the antifreeze may be installed directly by the seller into the 431 cooling system. However, this term, butdoes not include 432 shipping containers containing properly labeled inner 433 containers. 434 (5)(6)“Label” means any display of written, printed, or 435 graphic matter on, or attached to, a package or to the outside 436 individual container or wrapper of the package. 437 (6)(7)“Labeling” means the labels and any other written, 438 printed, or graphic matter accompanying a package. 439 Section 11. Section 501.913, Florida Statutes, is amended 440 to read: 441 501.913 Registration.— 442 (1) Each brand of antifreeze to be distributed in this 443 state mustshallbe registered with the department before 444 distribution. The person whose name appears on the label, the 445 manufacturer, or the packager shall make application annually or 446 biennially to the department on forms provided by the 447 department. The registration certificate expiresshall expire12 448 or 24 months after the date of issue, as indicated on the 449 registration certificate. The registrant assumes, by application 450 to register the brand, full responsibility for the registration, 451 quality, and quantity of the product sold, offered, or exposed 452 for sale in this state.If a registered brand is not in453production for distribution in this state and to ensure any454remaining product that is still available for sale in the state455is properly registered, the registrant must submit a notarized456affidavit on company letterhead to the department certifying457that:458(a) The stated brand is no longer in production;459(b) The stated brand will not be distributed in this state;460and461(c) All existing product of the stated brand will be462removed by the registrant from the state within 30 days after463expiration of the registration or the registrant will reregister464the brand for two subsequent registration periods.465 466If production resumes, the brand must be reregistered before it467is distributed in this state.468 (2) The completed application shall be accompanied by: 469 (a) Specimens or copiesfacsimilesof the label for each 470 brand of antifreeze; 471 (b) An application fee of $200 for a 12-month registration 472 or $400 for a 24-month registration for each brand of 473 antifreeze; and 474 (c) For first-time applications, a certified report from an 475 independent testing laboratory, dated no more than 6 months 476 before the registration application, providing analysis showing 477 that the antifreeze conforms to minimum standards required for 478 antifreeze by this part or rules of the department and is not 479 adulteratedA properly labeled sample of between 1 and 2 gallons480for each brand of antifreeze. 481 (3) The department may analyze or inspect the antifreeze to 482 ensure that it: 483 (a) Meets the labeling claims; 484 (b) Conforms to minimum standards required for antifreeze 485 by this partchapteror rules of the department; and 486 (c) Is not adulterated as prescribed for antifreeze by this 487 partchapter. 488 (4)(a) If the registration requirements are met, and, if 489 the antifreeze meets the minimum standards, is not adulterated, 490 and meets the labeling claims, the department shall issue a 491 certificate of registration authorizing the distribution of that 492 antifreeze in the state for the permit periodyear. 493 (b) If registration requirements are not met, or, if the 494 antifreeze fails to meet the minimum standards, is adulterated, 495 or fails to meet the labeling claims, the department shall 496 refuse to register the antifreeze. 497 Section 12. Section 501.917, Florida Statutes, is amended 498 to read: 499 501.917 Inspection by department; sampling and analysis. 500 The department hasshall havethe right to have access at 501 reasonable hours to all places and property where antifreeze is 502 stored, distributed, or offered or intended to be offered for 503 sale, including the right to inspect and examine all antifreeze 504 and to take reasonable samples of antifreeze for analysis 505 together with specimens of labeling. Collected samples must be 506 analyzed by the department. The certificate of analysis by the 507 department shall be prima facie evidence of the facts stated 508 therein in any legal proceeding in this stateAll samples taken509shall be properly sealed and sent to a laboratory designated by510the department for examination together with all labeling511pertaining to such samples. It shall be the duty of said512laboratory to examine promptly all samples received in513connection with the administration and enforcement of this act. 514 Section 13. Section 501.92, Florida Statutes, is amended to 515 read: 516 501.92 Formula may be required.—The department may, if 517 required for the analysis of antifreeze bythe laboratory518designated bythe departmentfor the purpose of registration, 519 require the applicant to furnish a statement of the formula of 520 such antifreeze, unless the applicant can furnish other 521 satisfactory evidence that such antifreeze is not adulterated or 522 misbranded. Such statement need not include inhibitor or other 523 minor ingredients which total less than 5 percent by weight of 524 the antifreeze; and, if over 5 percent, the composition of the 525 inhibitor and such other ingredients may be given in generic 526 terms. 527 Section 14. Paragraph (e) of subsection (10) of section 528 525.07, Florida Statutes, is redesignated as paragraph (f), and 529 a new paragraph (e) is added to that subsection, to read: 530 525.07 Powers and duties of department; inspections; 531 unlawful acts.— 532 (10) 533 (e) The department may seize without warrant any skimming 534 device, as defined in s. 817.625, for use as evidence. 535 Section 15. Subsection (1) of section 526.51, Florida 536 Statutes, is amended to read: 537 526.51 Registration; renewal and fees; departmental 538 expenses; cancellation or refusal to issue or renew.— 539 (1)(a) Application for registration of each brand of brake 540 fluid shall be made on forms supplied by the department. The 541 applicant shall give his or her name and address and the brand 542 name of the brake fluid, state that he or she owns the brand 543 name and has complete control over the product sold thereunder 544 in this state, and provide the name and address of the resident 545 agent in this state. If the applicant does not own the brand 546 name but wishes to register the product with the department, a 547 notarized affidavit that gives the applicant full authorization 548 to register the brand name and that is signed by the owner of 549 the brand name must accompany the application for registration. 550 The affidavit must include all affected brand names, the owner’s 551 company or corporate name and address, the applicant’s company 552 or corporate name and address, and a statement from the owner 553 authorizing the applicant to register the product with the 554 department. The owner of the brand name shall maintain complete 555 control over each product sold under that brand name in this 556 state. 557 (b) The completed application must be accompanied by the 558 following: 559 1. Specimens or copies of the label for each brand of brake 560 fluid. 561 2. An application fee of $50 for a 12-month registration or 562 $100 for a 24-month registration for each brand of brake fluid. 563 3. ForAllfirst-time applications for a brand and formula 564 combination,must be accompanied bya certified report from an 565 independent testing laboratory, dated no more than 6 months 566 before the registration application, setting forth the analysis 567 of the brake fluid which shows its quality to be not less than 568 the specifications established by the department for brake 569 fluids.A sample of not less than 24 fluid ounces of brake fluid570shall be submitted, in a container with a label printed in the571same manner that it will be labeled when sold, and the sample572and container shall be analyzed and inspected by the department573in order that compliance with the department’s specifications574and labeling requirements may be verified.575 576 Upon approval of the application, the department shall register 577 the brand name of the brake fluid and issue to the applicant a 578 permit authorizing the registrant to sell the brake fluid in 579 this state. The registration certificate expiresshall expire12 580 or 24 months after the date of issue, as indicated on the 581 registration certificate. 582 (c)(b)Each applicant shall pay a fee of $100 with each583application.A permit may be renewed by application to the 584 department, accompanied by a renewal fee of $50 for a 12-month 585 registration, or $100 for a 24-month registration, on or before 586 the expiration of the previously issued permit. To reregister a 587 previously registered brand and formula combination, an 588 applicant must submit a completed application and all materials 589 as required in this section to the department before the 590 expiration of the previously issued permit. A brand and formula 591 combination for which a completed application and all materials 592 required in this section are not received before the expiration 593 of the previously issued permit may not be registered with the 594 department until a completed application and all materials 595 required in this section have been received and approved. If the 596 brand and formula combination was previously registered with the 597 department and a fee, application, or materials required in this 598 section are received after the expiration of the previously 599 issued permit, a penalty of $25 accrues, which shall be added to 600 the fee. Renewals shall be accepted only on brake fluids that 601 have no change in formula, composition, or brand name. Any 602 change in formula, composition, or brand name of a brake fluid 603 constitutes a new product that must be registered in accordance 604 with this part. 605(c) If a registered brand and formula combination is no606longer in production for distribution in this state, in order to607ensure that any remaining product still available for sale in608this state is properly registered, the registrant must submit a609notarized affidavit on company letterhead to the department610certifying that:6111. The stated brand and formula combination is no longer in612production;6132. The stated brand and formula combination will not be614distributed in this state; and6153. Either all existing product of the stated brand and616formula combination will be removed by the registrant from the617state within 30 days after the expiration of the registration or618that the registrant will reregister the brand and formula619combination for 2 subsequent years.620 621If production resumes, the brand and formula combination must be622reregistered before it is again distributed in this state.623 Section 16. Subsection (1) of section 526.53, Florida 624 Statutes, is amended to read: 625 526.53 Enforcement; inspection and analysis, stop-sale and 626 disposition, regulations.— 627 (1) The department shall enforcethe provisions ofthis 628 part through the department, and may sample, inspect, analyze, 629 and test any brake fluid manufactured, packed, or sold within 630 this state. Collected samples must be analyzed by the 631 department. The certificate of analysis by the department shall 632 be prima facie evidence of the facts stated therein in any legal 633 proceeding in this state. The department hasshall havefree 634 access during business hours to all premises, buildings, 635 vehicles, cars, or vessels used in the manufacture, packing, 636 storage, sale, or transportation of brake fluid, and may open 637 any box, carton, parcel, or container of brake fluid and take 638 samples for inspection and analysis or for evidence. 639 Section 17. Section 527.01, Florida Statutes, is amended to 640 read: 641 527.01 Definitions.—As used in this chapter: 642 (1) “Liquefied petroleum gas” means any material which is 643 composed predominantly of any of the following hydrocarbons, or 644 mixtures of the same: propane, propylene, butanes (normal butane 645 or isobutane), and butylenes. 646 (2) “Person” means any individual, firm, partnership, 647 corporation, company, association, organization, or cooperative. 648 (3) “UltimateConsumer” means the person last purchasing 649 liquefied petroleum gas in its liquid or vapor state for 650 industrial, commercial, or domestic use. 651 (4) “Department” means the Department of Agriculture and 652 Consumer Services. 653 (5) “Qualifier” means any person who has passed a 654 competency examination administered by the department and is 655 employed by a licensed category I, category II, or category V 656 business.in one or more of the following classifications:657(a) Category I liquefied petroleum gas dealer.658(b) Category II liquefied petroleum gas dispenser.659(c) LP gas installer.660(d) Specialty installer.661(e) Requalifier of cylinders.662(f) Fabricator, repairer, and tester of vehicles and cargo663tanks.664(g) Category IV liquefied petroleum gas dispensing unit665operator and recreational vehicle servicer.666(h) Category V liquefied petroleum gases dealer for667industrial uses only.668 (6) “Category I liquefied petroleum gas dealer” means any 669 person selling or offering to sell by delivery or at a 670 stationary location any liquefied petroleum gas to theultimate671 consumer for industrial, commercial, or domestic use; any person 672 leasing or offering to lease, or exchanging or offering to 673 exchange, any apparatus, appliances, and equipment for the use 674 of liquefied petroleum gas; any person installing, servicing, 675 altering, or modifying apparatus, piping, tubing, appliances, 676 and equipment for the use of liquefied petroleum or natural gas; 677 any person installing carburetion equipment; or any person 678 requalifying cylinders. 679 (7) “Category II liquefied petroleum gas dispenser” means 680 any person engaging in the business of operating a liquefied 681 petroleum gas dispensing unit for the purpose of serving liquid 682 products to theultimateconsumer for industrial, commercial, or 683 domestic use, and selling or offering to sell, or leasing or 684 offering to lease, apparatus, appliances, and equipment for the 685 use of liquefied petroleum gas, including maintaining a cylinder 686 storage rack at the licensed business location for the purpose 687 of storing cylinders filled by the licensed business for sale or 688 use at a later date. 689 (8) “Category III liquefied petroleum gas cylinder exchange 690 operator” means any person operating a storage facility used for 691 the purpose of storing filled propane cylinders of not more than 692 43.5 pounds propane capacity or 104 pounds water capacity, while 693 awaiting sale to theultimateconsumer, or a facility used for 694 the storage of empty or filled containers which have been 695 offered for exchange. 696 (9) “Category IV dealer in appliances and equipment 697liquefied petroleum gas dispenser and recreational vehicle698servicer” means any person selling or offering to sell, or 699 leasing or offering to lease, apparatus, appliances, and 700 equipment for the use of liquefied petroleum gasengaging in the701business of operating a liquefied petroleum gas dispensing unit702for the purpose of serving liquid product to the ultimate703consumer for industrial, commercial, or domestic use, and704selling or offering to sell, or leasing or offering to lease,705apparatus, appliances, and equipment for the use of liquefied706petroleum gas, and whose services include the installation,707service, or repair of recreational vehicle liquefied petroleum708gas appliances and equipment. 709 (10) “Category V LP gas installer” means any person who is 710 engaged in the liquefied petroleum gas business and whose 711 services include the installation, servicing, altering, or 712 modifying of apparatus, piping, tubing, tanks, and equipment for 713 the use of liquefied petroleum or natural gas and selling or 714 offering to sell, or leasing or offering to lease, apparatus, 715 appliances, and equipment for the use of liquefied petroleum or 716 natural gas. 717 (11) “Category VI miscellaneous operator” means any person 718 who is engaged in operation as a manufacturer of LP gas 719 appliances and equipment; a fabricator, repairer, and tester of 720 vehicles and cargo tanks; a requalifier of LP gas cylinders; or 721 a pipeline system operatorSpecialty installer” means any person722involved in the installation, service, or repair of liquefied723petroleum or natural gas appliances and equipment, and selling724or offering to sell, or leasing or offering to lease, apparatus,725appliances, and equipment for the use of liquefied petroleum726gas, whose activities are limited to specific types of727appliances and equipment as designated by department rule. 728(12) “Dealer in appliances and equipment for use of729liquefied petroleum gas” means any person selling or offering to730sell, or leasing or offering to lease, apparatus, appliances,731and equipment for the use of liquefied petroleum gas.732 (12)(13)“Manufacturer of liquefied petroleum gas 733 appliances and equipment” means any person in this state 734 manufacturing and offering for sale or selling tanks, cylinders, 735 or other containers and necessary appurtenances for use in the 736 storage, transportation, or delivery of such gas to theultimate737 consumer, or manufacturing and offering for sale or selling 738 apparatus, appliances, and equipment for the use of liquefied 739 petroleum gas to theultimateconsumer. 740 (13)(14)“Wholesaler” means any person, as defined by 741 subsection (2), selling or offering to sell any liquefied 742 petroleum gas for industrial, commercial, or domestic use to any 743 person except theultimateconsumer. 744 (14)(15)“Requalifier of cylinders” means any person 745 involved in the retesting, repair, qualifying, or requalifying 746 of liquefied petroleum gas tanks or cylinders manufactured under 747 specifications of the United States Department of Transportation 748or former Interstate Commerce Commission. 749 (15)(16)“Fabricator, repairer, and tester of vehicles and 750 cargo tanks” means any person involved in the hydrostatic 751 testing, fabrication, repair, or requalifying of any motor 752 vehicles or cargo tanks used for the transportation of liquefied 753 petroleum gases, when such tanks are permanently attached to or 754 forming a part of the motor vehicle. 755(17) “Recreational vehicle” means a motor vehicle designed756to provide temporary living quarters for recreational, camping,757or travel use, which has its own propulsion or is mounted on or758towed by another motor vehicle.759 (16)(18)“Pipeline system operator” means any person who 760 owns or operates a liquefied petroleum gas pipeline system that 761 is used to transmit liquefied petroleum gas from a common source 762 to theultimatecustomer and that serves 10 or more customers. 763(19) “Category V liquefied petroleum gases dealer for764industrial uses only” means any person engaged in the business765of filling, selling, and transporting liquefied petroleum gas766containers for use in welding, forklifts, or other industrial767applications.768 (17)(20)“License periodyear” means the period 1 to 3 769 years from the issuance of the licensefrom September 1 through770the following August 31, or April 1 through the following March77131, depending upon the type of license. 772 Section 18. Section 527.02, Florida Statutes, is amended to 773 read: 774 527.02 License; penalty; fees.— 775 (1) It is unlawful for any person to engage in this state 776 in the activities defined in s. 527.01(6) through (11)of a777pipeline system operator, category I liquefied petroleum gas778dealer, category II liquefied petroleum gas dispenser, category779III liquefied petroleum gas cylinder exchange operator, category780IV liquefied petroleum gas dispenser and recreational vehicle781servicer, category V liquefied petroleum gas dealer for782industrial uses only, LP gas installer, specialty installer,783dealer in liquefied petroleum gas appliances and equipment,784manufacturer of liquefied petroleum gas appliances and785equipment, requalifier of cylinders, or fabricator, repairer,786and tester of vehicles and cargo tankswithout first obtaining 787 from the department a license to engage in one or more of these 788 businesses. The sale of liquefied petroleum gas cylinders with a 789 volume of 10 pounds water capacity or 4.2 pounds liquefied 790 petroleum gas capacity or less is exempt from the requirements 791 of this chapter. It is a felony of the third degree, punishable 792 as provided in s. 775.082, s. 775.083, or s. 775.084, to 793 intentionally or willfully engage in any of said activities 794 without first obtaining appropriate licensure from the 795 department. 796 (2) Each business location of a person having multiple 797 locations mustshallbe separately licensed and must meet the 798 requirements of this section. Such license shall be granted to 799 any applicant determined by the department to be competent, 800 qualified, and trustworthy who files with the department a 801 surety bond, insurance affidavit, or other proof of insurance, 802 as hereinafter specified, and pays for such license the 803 following annual licenseoriginal applicationfeefor new804licenses and annual renewal fees for existing licenses: 805 806 License Category LicenseOriginalApplicationFee Per YearRenewalFee807 Category I liquefiedpetroleum gasdealer $400$525$425808 Category II liquefiedpetroleum gasdispenser $400525375809 Category IIIliquefied petroleumgas cylinderexchange unitoperator $6510065810 Category IVdealer in appliances and equipmentliquefied petroleumgas dispenser andrecreational vehicleservicer$65525400811 Category V LP gas installerliquefiedpetroleum gasesdealer for industrialuses only$200300200812 Category VI miscellaneous operatorLP gasinstaller$200300200813Specialtyinstaller300200814Dealer in appliancesand equipmentfor use of liquefiedpetroleum gas5045815Manufacturer ofliquefied petroleumgas appliances andequipment525375816Requalifier ofcylinders525375817Fabricator, repairer,and tester ofvehicles andcargo tanks525375818 (3)(a)An applicant for an original license who submits an819application during the last 6 months of the license year may820have the original license fee reduced by one-half for the 6821month period. This provision applies only to those companies822applying for an original license and may not be applied to823licensees who held a license during the previous license year824and failed to renew the license.The department may refuse to 825 issue an initial license to an applicant who is under 826 investigation in any jurisdiction for an action that would 827 constitute a violation of this chapter until such time as the 828 investigation is complete. 829 (b) The department shall waive the initial license fee for 830 1 year for an honorably discharged veteran of the United States 831 Armed Forces, the spouse of such a veteran, or a business entity 832 that has a majority ownership held by such a veteran or spouse 833 if the department receives an application, in a format 834 prescribed by the department, within 60 months after the date of 835 the veteran’s discharge from any branch of the United States 836 Armed Forces. To qualify for the waiver, a veteran must provide 837 to the department a copy of his or her DD Form 214, as issued by 838 the United States Department of Defense or another acceptable 839 form of identification as specified by the Department of 840 Veterans’ Affairs; the spouse of a veteran must provide to the 841 department a copy of the veteran’s DD Form 214, as issued by the 842 United States Department of Defense, or another acceptable form 843 of identification as specified by the Department of Veterans’ 844 Affairs, and a copy of a valid marriage license or certificate 845 verifying that he or she was lawfully married to the veteran at 846 the time of discharge; or a business entity must provide to the 847 department proof that a veteran or the spouse of a veteran holds 848 a majority ownership in the business, a copy of the veteran’s DD 849 Form 214, as issued by the United States Department of Defense, 850 or another acceptable form of identification as specified by the 851 Department of Veterans’ Affairs, and, if applicable, a copy of a 852 valid marriage license or certificate verifying that the spouse 853 of the veteran was lawfully married to the veteran at the time 854 of discharge. 855 (4) Any licensee submitting a material change in their 856 information for licensing, before the date for renewal, must 857 submit such change to the department in the manner prescribed by 858 the department, along with a fee in the amount of $10Any person859applying for a liquefied petroleum gas license as a specialty860installer, as defined by s. 527.01(11), shall upon application861to the department identify the specific area of work to be862performed. Upon completion of all license requirements set forth863in this chapter, the department shall issue the applicant a864license specifying the scope of work, as identified by the865applicant and defined by rule of the department, for which the866person is authorized. 867(5) The license fee for a pipeline system operator shall be868$100 per system owned or operated by the person, not to exceed869$400 per license year. Such license fee applies only to a870pipeline system operator who owns or operates a liquefied871petroleum gas pipeline system that is used to transmit liquefied872petroleum gas from a common source to the ultimate customer and873that serves 10 or more customers.874 (5)(6)The department shall adoptpromulgaterules 875 specifying acts deemed by the department to demonstrate a lack 876 of trustworthiness to engage in activities requiring a license 877 or qualifier identification card under this section. 878(7) Any license issued by the department may be transferred879to any person, firm, or corporation for the remainder of the880current license year upon written request to the department by881the original licenseholder. Prior to approval of any transfer,882all licensing requirements of this chapter must be met by the883transferee. A license transfer fee of $50 shall be charged for884each such transfer.885 Section 19. Section 527.0201, Florida Statutes, is amended 886 to read: 887 527.0201 Qualifiers; master qualifiers; examinations.— 888 (1) In addition to the requirements of s. 527.02, any 889 person applying for a license to engage in category I, category 890 II, or category Vtheactivitiesof apipeline system operator,891category I liquefied petroleum gas dealer, category II liquefied892petroleum gas dispenser, category IV liquefied petroleum gas893dispenser and recreational vehicle servicer, category V894liquefied petroleum gases dealer for industrial uses only, LP895gas installer, specialty installer, requalifier of cylinders, or896fabricator, repairer, and tester of vehicles and cargo tanks897 must prove competency by passing a written examination 898 administered by the department or its agent with a grade of 70 89975percent or above in each area tested. Each applicant for 900 examination shall submit a $20 nonrefundable fee. The department 901 shall by rule specify the general areas of competency to be 902 covered by each examination and the relative weight to be 903 assigned in grading each area tested. 904 (2) Application for examination for competency may be made 905 by an individual or by an owner, a partner, or any person 906 employed by the license applicant. Upon successful completion of 907 the competency examination, the department shall registerissue908a qualifier identification card tothe examinee. 909 (a) Qualifier registration automatically expires if 910identification cards, except those issued to category I911liquefied petroleum gas dealers and liquefied petroleum gas912installers, shall remain in effect as long as the individual913shows to the department proof of active employment in the area914of examination and all continuing education requirements are915met. Shouldthe individual terminatesterminateactive 916 employment in the area of examination for a period exceeding 24 917 months, or failsfailto provide documentation of continuing 918 education, the individual’s qualifier status shall automatically919expire. If the qualifier registrationstatushas expired, the 920 individual must apply for and successfully complete an 921 examination by the department in order to reestablish qualifier 922 status. 923 (b) Every business organization in license category I, 924 category II, or category V shall employ at all times a full-time 925 qualifier who has successfully completed an examination in the 926 corresponding category of the license held by the business 927 organization. A person may not act as a qualifier for more than 928 one licensed location. 929 (3) Qualifier registration expirescards issued to category930I liquefied petroleum gas dealers and liquefied petroleum gas931installersshall expire3 years after the date of issuance.All932category I liquefied petroleum gas dealer qualifiers and933liquefied petroleum gas installer qualifiers holding a valid934qualifier card upon the effective date of this act shall retain935their qualifier status until July 1, 2003, and may sit for the936master qualifier examination at any time during that time937period.All suchcategory I liquefied petroleum gas dealer938qualifiers and liquefied petroleum gas installerqualifiers may 939 renew their qualificationon or before July 1, 2003,upon 940 application to the department, payment of a $20 renewal fee, and 941 documentation of the completion of a minimum of 16 hours of 942 approved continuing education courses, as defined by department 943 rule, during the previous 3-year period. Applications for 944 renewal must be made 30 calendar days before expiration. Persons 945 failing to renew before the expiration date must reapply and 946 take a qualifier competency examination in order to reestablish 947category I liquefied petroleum gas dealer qualifier and948liquefied petroleum gas installerqualifier status.If a949category I liquefied petroleum gas qualifier or liquefied950petroleum gas installer qualifier becomes a master qualifier at951any time during the effective date of the qualifier card, the952card shall remain in effect until expiration of the master953qualifier certification.954 (4) A qualifier for a businessorganization involved in955installation, repair, maintenance, or service of liquefied956petroleum gas appliances, equipment, or systemsmust actually 957 function in a supervisory capacity of other company employees 958 performing licensed activitiesinstalling, repairing,959maintaining, or servicing liquefied petroleum gas appliances,960equipment, or systems. A separate qualifier shall be required 961 for every 10 such employees.Additional qualifiers are required962for those business organizations employing more than 10963employees that install, repair, maintain, or service liquefied964petroleum gas equipment and systems.965 (5) In addition to all other licensing requirements, each 966 category I and category V licenseeliquefied petroleum gas967dealer and liquefied petroleum gas installermust, at the time 968 of application for licensure, identify to the department one 969 master qualifier who is a full-time employee at the licensed 970 location. This person shall be a manager, owner, or otherwise 971 primarily responsible for overseeing the operations of the 972 licensed location and must provide documentation to the 973 department as provided by rule. The master qualifier requirement 974 shall be in addition to the requirements of subsection (1). 975 (a) In order to apply for certification as a master 976 qualifier, each applicant must have been a registeredbe a977category I liquefied petroleum gas dealer qualifier or liquefied978petroleum gas installerqualifier for a minimum of 3 years 979 immediately preceding submission of the application, must be 980 employed by a licensed category I or category V licensee 981liquefied petroleum gas dealer, liquefied petroleum gas982installer, or applicant for such license,must provide983documentation of a minimum of 1 year’s work experience in the984gas industry,and must pass a master qualifier competency 985 examination. Master qualifier examinations shall be based on 986 Florida’s laws, rules, and adopted codes governing liquefied 987 petroleum gas safety, general industry safety standards, and 988 administrative procedures. The applicant must successfully pass 989 the examination with a grade of 7075percent or above. Each 990 applicant for master qualifier registrationstatusmust submit 991 to the department a nonrefundable $30 examination fee before the 992 examination. 993 (b) Upon successful completion of the master qualifier 994 examination, the department shall issue the examinee a 995certificate ofmaster qualifier registrationstatus which shall996include the name of the licensed company for which the master997qualifier is employed. A master qualifier may transfer from one 998 licenseholder to another upon becoming employed by the company 999 and providing a written request to the department. 1000 (c) A master qualifier registration expiresstatusshall1001expire3 years after the date of issuanceof the certificateand 1002 may be renewed by submission to the department of documentation 1003 of completion of at least 16 hours of approved continuing 1004 education courses during the 3-year period; proof of employment 1005with a licensed category I liquefied petroleum gas dealer,1006liquefied petroleum gas installer, or applicant; and a $30 1007 certificate renewal fee. The department shall define,by rule,1008 approved courses of continuing education. 1009(d) Each category I liquefied petroleum gas dealer or1010liquefied petroleum gas installer licensed as of August 31,10112000, shall identify to the department one current category I1012liquefied petroleum gas dealer qualifier or liquefied petroleum1013gas installer qualifier who will be the designated master1014qualifier for the licenseholder. Such individual must provide1015proof of employment for 3 years or more within the liquefied1016petroleum gas industry, and shall, upon approval of the1017department, be granted a master qualifier certificate. All other1018requirements with regard to master qualifier certificate1019expiration, renewal, and continuing education shall apply.1020 (6) A vacancy in a qualifier or master qualifier position 1021 in a business organization which results from the departure of 1022 the qualifier or master qualifier shall be immediately reported 1023 to the department by the departing qualifier or master qualifier 1024 and the licensed company. 1025 (a) If a business organization no longer possesses a duly 1026 designated qualifier, as required by this section, its liquefied 1027 petroleum gas licenses shall be suspended by order of the 1028 department after 20 working days. The license shall remain 1029 suspended until a competent qualifier has been employed, the 1030 order of suspension terminated by the department, and the 1031 license reinstated. A vacancy in the qualifier position for a 1032 period of more than 20 working days shall be deemed to 1033 constitute an immediate threat to the public health, safety, and 1034 welfare.Failure to obtain a replacement qualifier within 601035days after the vacancy occurs shall be grounds for revocation of1036licensure or eligibility for licensure.1037 (b) Any category I or category V licenseeliquefied1038petroleum gas dealer or LP gas installerwho no longer possesses 1039 a master qualifier but currently employs acategory I liquefied1040petroleum gas dealer or LP gas installerqualifier as required 1041 by this section,hasshall have60 days within which to replace 1042 the master qualifier. If the company fails to replace the master 1043 qualifier within the 60-daytimeperiod, the license of the 1044 company shall be suspended by order of the department. The 1045 license shall remain suspended until a competent master 1046 qualifier has been employed, the order of suspension has been 1047 terminated by the department, and the license reinstated. 1048Failure to obtain a replacement master qualifier within 90 days1049after the vacancy occurs shall be grounds for revocation of1050licensure or eligibility for licensure.1051 (7) The department may deny, refuse to renew, suspend, or 1052 revoke any qualifiercardor master qualifier registration 1053certificatefor any of the following causes: 1054 (a) Violation of any provision of this chapter or any rule 1055 or order of the department; 1056 (b) Falsification of records relating to the qualifiercard1057 or master qualifier registrationcertificate; or 1058 (c) Failure to meet any of the renewal requirements. 1059 (8) Any individual having competency qualifications on file 1060 with the department may request the transfer of such 1061 qualifications to any existing licenseholder by making a written 1062 request to the department for such transfer. Any individual 1063 having a competency examination on file with the department may 1064 use such examination for a new license application after making 1065 application in writing to the department. All examinations are 1066 confidential and exempt from the provisions of s. 119.07(1). 1067 (9) If a duplicate license, qualifiercard, or master 1068 qualifier registration certificate is requested by the licensee, 1069 a fee of $10 must be received before issuance of the duplicate 1070 license or certificatecard.If a facsimile transmission of an1071original license is requested, upon completion of the1072transmission a fee of $10 must be received by the department1073before the original license may be mailed to the requester.1074 (10) All revenues collected herein shall be deposited in 1075 the General Inspection Trust Fund for the purpose of 1076 administering the provisions of this chapter. 1077 Section 20. Section 527.021, Florida Statutes, is amended 1078 to read: 1079 527.021 Registration of transport vehicles.— 1080 (1) Each liquefied petroleum gas bulk delivery vehicle 1081 owned or leased by a liquefied petroleum gas licensee must be 1082 registered with the department as part of the licensing 1083 application or when placed into serviceannually. 1084 (2) For the purposes of this section, a “liquefied 1085 petroleum gas bulk delivery vehicle” means any vehicle that is 1086 used to transport liquefied petroleum gas on any public street 1087 or highway as liquid cargo in a cargo tank, which tank is 1088 mounted on a conventional truck chassis or is an integral part 1089 of a transporting vehicle in which the tank constitutes, in 1090 whole or in part, the stress member used as a frame and is a 1091 permanent part of the transporting vehicle. 1092 (3)Vehicle registrations shall be submitted by the vehicle1093owner or lessee in conjunction with the annual renewal of his or1094her liquefied petroleum gas license, but no later than August 311095of each year.A dealer who fails to register a vehicle with the 1096 departmentdoes not submit the required vehicle registration by1097August 31 of each yearis subject to the penalties in s. 527.13. 1098 (4) The department shall issue a decal to be placed on each 1099 vehicle that is inspected by the department and found to be in 1100 compliance with applicable codes. 1101 Section 21. Section 527.03, Florida Statutes, is amended to 1102 read: 1103 527.03AnnualRenewal of license.—All licenses required 1104 under this chapter shall be renewed annually, biennially, or 1105 triennially, as elected by the licensee, subject to the license 1106 fees prescribed in s. 527.02. All renewals must meet the same 1107 requirements and conditions as an annual license for each 1108 licensed yearAll licenses, except Category III Liquefied1109Petroleum Gas Cylinder Exchange Unit Operator licenses and1110Dealer in Appliances and Equipment for Use of Liquefied1111Petroleum Gas licenses, shall be renewed for the period1112beginning September 1 and shall expire on the following August111331 unless sooner suspended, revoked, or otherwise terminated.1114Category III Liquefied Petroleum Gas Cylinder Exchange Unit1115Operator licenses and Dealer in Appliances and Equipment for Use1116of Liquefied Petroleum Gas licenses shall be renewed for the1117period beginning April 1 and shall expire on the following March111831 unless sooner suspended, revoked, or otherwise terminated. 1119 Any license allowed to expire willshallbecome inoperative 1120 because of failure to renew. The fee for restoration of a 1121 license is equal to the original license fee and must be paid 1122 before the licensee may resume operations. 1123 Section 22. Section 527.04, Florida Statutes, is amended to 1124 read: 1125 527.04 Proof of insurance required.— 1126 (1) Before any license is issued, except to a category IV 1127 dealer in appliances and equipmentfor use of liquefied1128petroleum gasor a category III liquefied petroleum gas cylinder 1129 exchange operator, the applicant must deliver to the department 1130 satisfactory evidence that the applicant is covered by a primary 1131 policy of bodily injury liability and property damage liability 1132 insurance that covers the products and operations with respect 1133 to such business and is issued by an insurer authorized to do 1134 business in this state for an amount not less than $1 million 1135 and that the premium on such insurance is paid. An insurance 1136 certificate, affidavit, or other satisfactory evidence of 1137 acceptable insurance coverage shall be accepted as proof of 1138 insurance. In lieu of an insurance policy, the applicant may 1139 deliver a good and sufficient bond in the amount of $1 million, 1140 payable to the Commissioner of AgricultureGovernor of Florida, 1141 with the applicant as principal and a surety company authorized 1142 to do business in this state as surety. The bond must be 1143 conditioned upon the applicant’s compliance with this chapter 1144 and the rules of the department with respect to the conduct of 1145 such business and shall indemnify and hold harmless all persons 1146 from loss or damage by reason of the applicant’s failure to 1147 comply. However, the aggregated liability of the surety may not 1148 exceed $1 million. If the insurance policy is canceled or 1149 otherwise terminated or the bond becomes insufficient, the 1150 department may require new proof of insurance or a new bond to 1151 be filed, and if the licenseholder fails to comply, the 1152 department shall cancel the license issued and give the 1153 licenseholder written notice that it is unlawful to engage in 1154 business without a license. A new bond is not required as long 1155 as the original bond remains sufficient and in force. If the 1156 licenseholder’s insurance coverage as required by this 1157 subsection is canceled or otherwise terminated, the insurer must 1158 notify the department within 30 days after the cancellation or 1159 termination. 1160 (2) Before any license is issued to a categoryclassIII 1161 liquefied petroleum gas cylinder exchange operator, the 1162 applicant must deliver to the department satisfactory evidence 1163 that the applicant is covered by a primary policy of bodily 1164 injury liability and property damage liability insurance that 1165 covers the products and operations with respect to the business 1166 and is issued by an insurer authorized to do business in this 1167 state for an amount not less than $300,000 and that the premium 1168 on the insurance is paid. An insurance certificate, affidavit, 1169 or other satisfactory evidence of acceptable insurance coverage 1170 shall be accepted as proof of insurance. In lieu of an insurance 1171 policy, the applicant may deliver a good and sufficient bond in 1172 the amount of $300,000, payable to the Commissioner of 1173 AgricultureGovernor, with the applicant as principal and a 1174 surety company authorized to do business in this state as 1175 surety. The bond must be conditioned upon the applicant’s 1176 compliance with this chapter and the rules of the department 1177 with respect to the conduct of such business and must indemnify 1178 and hold harmless all persons from loss or damage by reason of 1179 the applicant’s failure to comply. However, the aggregated 1180 liability of the surety may not exceed $300,000. If the 1181 insurance policy is canceled or otherwise terminated or the bond 1182 becomes insufficient, the department may require new proof of 1183 insurance or a new bond to be filed, and if the licenseholder 1184 fails to comply, the department shall cancel the license issued 1185 and give the licenseholder written notice that it is unlawful to 1186 engage in business without a license. A new bond is not required 1187 as long as the original bond remains sufficient and in force. If 1188 the licenseholder’s insurance coverage required by this 1189 subsection is canceled or otherwise terminated, the insurer must 1190 notify the department within 30 days after the cancellation or 1191 termination. 1192 (3) Any person having a cause of action on the bond may 1193 bring suit against the principal and surety, and a copy of such 1194 bond duly certified by the department shall be received in 1195 evidence in the courts of this state without further proof. The 1196 department shall furnish a certified copy of thesuchbond upon 1197 payment to it of its lawful fee for making and certifying such 1198 copy. 1199 Section 23. Section 527.0605, Florida Statutes, is amended 1200 to read: 1201 527.0605 Liquefied petroleum gas bulk storage locations; 1202 jurisdiction.— 1203 (1) The provisions of this chaptershallapply to liquefied 1204 petroleum gas bulk storage locations when: 1205 (a) A single container in the bulk storage location has a 1206 capacity of 2,000 gallons or more; 1207 (b) The aggregate container capacity of the bulk storage 1208 location is 4,000 gallons or more; or 1209 (c) A container or containers are installed for the purpose 1210 of serving the public the liquid product. 1211(2) Prior to the installation of any bulk storage1212container, the licensee must submit to the department a site1213plan of the facility which shows the proposed location of the1214container and must obtain written approval of such location from1215the department.1216(3) A fee of $200 shall be assessed for each site plan1217reviewed by the division. The review shall include1218preconstruction inspection of the proposed site, plan review,1219and final inspection of the completed facility.1220 (2)(4)No newly installed container may be placed in 1221 operation until it has been inspected and approved by the 1222 department. 1223 Section 24. Subsection (1) of section 527.065, Florida 1224 Statutes, is amended to read: 1225 527.065 Notification of accidents; leak calls.— 1226 (1) Immediately upon discovery, all liquefied petroleum gas 1227 licensees shall notify the department of any liquefied petroleum 1228 gas-related accident involving a liquefied petroleum gas 1229 licensee or customer account: 1230 (a) Which caused a death or personal injury requiring 1231 professional medical treatment; 1232 (b) Where uncontrolled ignition of liquefied petroleum gas 1233 resulted in death, personal injury, or property damage exceeding 1234 $3,000$1,000; or 1235 (c) Which caused estimated damage to property exceeding 1236 $3,000$1,000. 1237 Section 25. Section 527.10, Florida Statutes, is amended to 1238 read: 1239 527.10 Restriction on use of unsafe container or system.—No 1240 liquefied petroleum gas shall be introduced into or removed from 1241 any container or system in this state that has been identified 1242 by the department or its duly authorized inspectors as not 1243 complying with the rules pertaining to such container or system, 1244 until such violations as specified have been satisfactorily 1245 corrected and authorization for continued service or removal 1246 granted by the department. A statement of violations of the 1247 rules that render such a system unsafe for use shall be 1248 furnished in writing by the department to theultimateconsumer 1249 or dealer in liquefied petroleum gas. 1250 Section 26. Subsections (3) and (17) of section 527.21, 1251 Florida Statutes, are amended to read: 1252 527.21 Definitions relating to Florida Propane Gas 1253 Education, Safety, and Research Act.—As used in ss. 527.20 1254 527.23, the term: 1255 (3) “Dealer” means a business engaged primarily in selling 1256 propane gas and its appliances and equipment to theultimate1257 consumer or to retail propane gas dispensers. 1258 (17) “Wholesaler” or “reseller” means a seller of propane 1259 gas who is not a producer and who does not sell propane gas to 1260 theultimateconsumer. 1261 Section 27. Paragraph (a) of subsection (2) of section 1262 527.22, Florida Statutes, is amended to read: 1263 527.22 Florida Propane Gas Education, Safety, and Research 1264 Council established; membership; duties and responsibilities.— 1265 (2)(a)Within 90 days after the effective date of this act,1266the commissioner shall make a call to qualified industry1267organizations for nominees to the council.The commissioner 1268 shall appoint members of the council from a list of nominees 1269 submitted by qualified industry organizations. The commissioner 1270 may require such reports or documentation as is necessary to 1271 document the nomination process for members of the council. 1272 Qualified industry organizations, in making nominations, and the 1273 commissioner, in making appointments, shall give due regard to 1274 selecting a council that is representative of the industry and 1275 the geographic regions of the state. Other than the public 1276 member, council members must be full-time employees or owners of 1277 propane gas producers or dealers doing business in this state. 1278 Section 28. Section 531.67, Florida Statutes, is amended to 1279 read: 1280 531.67 Expiration of sections.—Sections 531.60, 531.61, 1281 531.62, 531.63, 531.64, 531.65, and 531.66 shall expire July 1, 1282 20252020. 1283 Section 29. Subsection (46) is added to section 570.07, 1284 Florida Statutes, to read: 1285 570.07 Department of Agriculture and Consumer Services; 1286 functions, powers, and duties.—The department shall have and 1287 exercise the following functions, powers, and duties: 1288 (46) During a state of emergency declared pursuant to s. 1289 252.36, to waive fees by emergency order for duplicate copies or 1290 renewal of permits, licenses, certifications, or other similar 1291 types of authorizations during a period specified by the 1292 commissioner. 1293 Section 30. Section 573.111, Florida Statutes, is amended 1294 to read: 1295 573.111 Notice of effective date of marketing order.—Before 1296 the issuance of any marketing order, or any suspension, 1297 amendment, or termination thereof, a notice mustshallbe posted 1298on a public bulletin board to be maintained by the department in1299the Division of Marketing and Development of the department in1300the Nathan Mayo Building, Tallahassee, Leon County, and a copy1301of the notice shall be postedon the department websitethe same1302date that the notice is posted on the bulletin board. ANo1303 marketing order, or any suspension, amendment, or termination 1304 thereof, may notshallbecome effective untilthe termination of1305a period of5 days afterfromthe date of posting and 1306 publication. 1307 Section 31. Section 578.011, Florida Statutes, is amended 1308 to read: 1309 578.011 Definitions; Florida Seed Law.—When used in this 1310 chapter, the term: 1311 (1) “Advertisement” means all representations, other than 1312 those on the label, disseminated in any manner or by any means, 1313 relating to seed within the scope of this law. 1314 (2) “Agricultural seed” includes the seed of grass, forage, 1315 cereal and fiber crops, and chufas and any other seed commonly 1316 recognized within the state as agricultural seed, lawn seed, and 1317 combinations of such seed, and may include identified noxious 1318 weed seed when the department determines that such seed is being 1319 used as agricultural seedor field seed and mixtures of such1320seed. 1321 (3) “Blend” means seed consisting of more than one variety 1322 of one kind, each present in excess of 5 percent by weight of 1323 the whole. 1324 (4) “Buyer” means a person who purchases agricultural, 1325 vegetable, flower, tree, or shrub seed in packaging of 1,000 1326 seeds or more by count. 1327 (5) “Brand” means a distinguishing word, name, symbol, 1328 number, or design used to identify seed produced, packaged, 1329 advertised, or offered for sale by a particular person. 1330 (6)(3)“Breeder seed” means a class of certified seed 1331 directly controlled by the originating or sponsoring plant 1332 breeding institution or person, or designee thereof, and is the 1333 source for the production of seed of the other classes of 1334 certified seedthat are released directly from the breeder or1335experiment station that develops the seed. These seed are one1336class above foundation seed. 1337 (7)(4)“Certified seed,” means a class of seed which is the 1338 progeny of breeder, foundation, or registered seed“registered1339seed,” and “foundation seed” mean seed that have been produced1340and labeled in accordance with the procedures and in compliance1341with the rules and regulations of any agency authorized by the1342laws of this state or the laws of another state. 1343 (8) “Certifying agency” means: 1344 (a) An agency authorized under the laws of a state, 1345 territory, or possession of the United States to officially 1346 certify seed and which has standards and procedures approved by 1347 the United States Secretary of Agriculture to assure the genetic 1348 purity and identity of the seed certified; or 1349 (b) An agency of a foreign country that the United States 1350 Secretary of Agriculture has determined as adhering to 1351 procedures and standards for seed certification comparable to 1352 those adhered to generally by seed certifying agencies under 1353 paragraph (a). 1354 (9) “Coated seed” means seed that has been covered by a 1355 layer of materials that obscures the original shape and size of 1356 the seed and substantially increases the weight of the product. 1357 The addition of biologicals, pesticides, identifying colorants 1358 or dyes, or other active ingredients including polymers may be 1359 included in this process. 1360 (10)(5)“Date of test” means the month and year the 1361 percentage of germination appearing on the label was obtained by 1362 laboratory test. 1363 (11)(6)“Dealer” means any person who sells or offers for 1364 sale any agricultural, vegetable, flower,or foresttree, or 1365 shrub seed for seeding purposes, and includes farmers who sell 1366 cleaned, processed, packaged, and labeled seed. 1367 (12)(7)“Department” means the Department of Agriculture 1368 and Consumer Services or its authorized representative. 1369 (13)(8)“Dormant seed” refers to viable seed, other than 1370 hard seed, which neither germinate nor decay during the 1371 prescribed test period and under the prescribed test conditions. 1372 (14)(9)“Flower seed” includes seed of herbaceous plants 1373 grown for blooms, ornamental foliage, or other ornamental parts, 1374 and commonly known and sold under the name of flower or 1375 wildflower seed in this state. 1376(10) “Forest tree seed” includes seed of woody plants1377commonly known and sold as forest tree seed.1378 (15) “Foundation seed” means a class of certified seed 1379 which is the progeny of breeder or other foundation seed and is 1380 produced and handled under procedures established by the 1381 certifying agency, in accordance with this part, for producing 1382 foundation seed, for the purpose of maintaining genetic purity 1383 and identity. 1384 (16)(11)“Germination” means the emergence and development 1385 from the seed embryo of those essential structures which, for 1386 the kind of seed in question, are indicative of the ability to 1387 produce a normal plant under favorable conditionspercentage of1388seed capable of producing normal seedlings under ordinarily1389favorable conditions. Broken seedlings and weak, malformed and1390obviously abnormal seedlings shall not be considered to have1391germinated. 1392 (17)(12)“Hard seed” means seeds that remain hard at the 1393 end of a prescribed test period because they have not absorbed 1394 water due to an impermeable seed coatthe percentage of seed1395which because of hardness or impermeability did not absorb1396moisture or germinate under prescribed tests but remain hard1397during the period prescribed for germination of the kind of seed1398concerned. 1399 (18)(13)“Hybrid” means the first generation seed of a 1400 cross produced by controlling the pollination and by combining: 1401 (a) Two or more inbred lines; 1402 (b) One inbred or a single cross with an open-pollinated 1403 variety; or 1404 (c) Two varieties or species, except open-pollinated 1405 varieties of corn (Zea mays). 1406 1407 The second generation or subsequent generations from such 1408 crosses mayshallnot be regarded as hybrids. Hybrid 1409 designations shall be treated as variety names. 1410 (19)(14)“Inert matter” means all matter that is not a full 1411 seedincludes broken seed when one-half in size or less; seed of1412legumes or crucifers with the seed coats removed; undeveloped1413and badly injured weed seed such as sterile dodder which, upon1414visual examination, are clearly incapable of growth; empty1415glumes of grasses; attached sterile glumes of grasses (which1416must be removed from the fertile glumes except in Rhodes grass);1417dirt, stone, chaff, nematode, fungus bodies, and any matter1418other than seed. 1419 (20)(15)“Kind” means one or more related species or 1420 subspecies which singly or collectively is known by one common 1421 name; e.g., corn, beans, lespedeza. 1422 (21) “Label” means the display or displays of written or 1423 printed material upon or attached to a container of seed. 1424 (22)(16)“Labeling” includes all labels and other written, 1425 printed, or graphic representations, in any form, accompanying 1426 and pertaining to any seed, whether in bulk or in containers, 1427 and includes invoices and other bills of shipment when sold in 1428 bulk. 1429 (23)(17)“Lotof seed” means a definite quantity of seed 1430 identified by a lot number or other markidentification, every 1431 portion or bag of which is uniform within recognized tolerances 1432 for the factors that appear in the labeling, for the factors1433which appear in the labeling, within permitted tolerances. 1434 (24)(18)“Mix,” “mixed,” or “mixture” means seed consisting 1435 of more than one kindor variety, each present in excess of 5 1436 percent by weight of the whole. 1437 (25) “Mulch” means a protective covering of any suitable 1438 substance placed with seed which acts to retain sufficient 1439 moisture to support seed germination and sustain early seedling 1440 growth and aid in the prevention of the evaporation of soil 1441 moisture, the control of weeds, and the prevention of erosion. 1442 (26) “Noxious weed seed” means seed in one of two classes 1443 of seed: 1444 (a) “Prohibited noxious weed seed” means the seed of weeds 1445 that are highly destructive and difficult to control by good 1446 cultural practices and the use of herbicides. 1447 (b) “Restricted noxious weed seed” means weed seeds that 1448 are objectionable in agricultural crops, lawns, and gardens of 1449 this state and which can be controlled by good agricultural 1450 practices or the use of herbicides. 1451 (27)(19)“Origin” means the state, District of Columbia, 1452 Puerto Rico, or possession of the United States, or the foreign 1453 country where the seed were grown, except for native species, 1454 where the term means the county or collection zone and the state 1455 where the seed were grownfor forest tree seed, with respect to1456which the term “origin” means the county or state forest service1457seed collection zone and the state where the seed were grown. 1458 (28)(20)“Other crop seed” includes all seed of plants 1459 grown in this state as crops, other than the kind or kind and 1460 variety included in the pure seed, when not more than 5 percent 1461 of the whole of a single kind or variety is present, unless 1462 designated as weed seed. 1463 (29) “Packet seed” means seed prepared for use in home 1464 gardens and household plantings packaged in labeled, sealed 1465 containers of less than 8 ounces and typically sold from seed 1466 racks or displays in retail establishments, via the Internet, or 1467 through mail order. 1468 (30)(21)“Processing” means conditioning, cleaning, 1469 scarifying, or blending to obtain uniform quality and other 1470 operations which would change the purity or germination of the 1471 seed and, therefore, require retesting to determine the quality 1472 of the seed. 1473(22) “Prohibited noxious weed seed” means the seed and1474bulblets of perennial weeds such as not only reproduce by seed1475or bulblets, but also spread by underground roots or stems and1476which, when established, are highly destructive and difficult to1477control in this state by ordinary good cultural practice.1478 (31)(23)“Pure seed” means the seed, exclusive of inert 1479 matter, of the kind or kind and variety of seed declared on the 1480 label or tagincludes all seed of the kind or kind and variety1481or strain under consideration, whether shriveled, cracked, or1482otherwise injured, and pieces of broken seed larger than one1483half the original size. 1484 (32)(24)“Record” includes the symbol identifying the seed 1485 as to origin, amount, processing, testing, labeling, and 1486 distribution,file sample of the seed,and any other document or 1487 instrument pertaining to the purchase, sale, or handling of 1488 agricultural, vegetable, flower,or foresttree, or shrub seed. 1489 Such information includes seed samples and records of 1490 declarations, labels, purchases, sales, conditioning, bulking, 1491 treatment, handling, storage, analyses, tests, and examinations. 1492 (33) “Registered seed” means a class of certified seed 1493 which is the progeny of breeder or foundation seed and is 1494 produced and handled under procedures established by the 1495 certifying agency, in accordance with this part, for the purpose 1496 of maintaining genetic purity and identity. 1497(25) “Restricted noxious weed seed” means the seed of such1498weeds as are very objectionable in fields, lawns, or gardens of1499this state, but can be controlled by good cultural practice.1500Seed of poisonous plants may be included.1501 (34) “Shrub seed” means seed of a woody plant that is 1502 smaller than a tree and has several main stems arising at or 1503 near the ground. 1504 (35)(26)“Stop-sale” means any written or printed notice or 1505 order issued by the department to the owner or custodian of any 1506 lot of agricultural, vegetable, flower,or foresttree, or shrub 1507 seed in the state, directing the owner or custodian not to sell 1508 or offer for sale seed designated by the order within the state 1509 until the requirements of this law are complied with and a 1510 written release has been issued; except that the seed may be 1511 released to be sold for feed. 1512 (36)(27)“Treated” means that the seed has been given an 1513 application of a material or subjected to a process designed to 1514 control or repel disease organisms, insects, or other pests 1515 attacking seed or seedlings grown therefrom to improve its 1516 planting value or to serve any other purpose. 1517 (37) “Tree seed” means seed of a woody perennial plant 1518 typically having a single stem or trunk growing to a 1519 considerable height and bearing lateral branches at some 1520 distance from the ground. 1521 (38)(28)“Type” means a group of varieties so nearly 1522 similar that the individual varieties cannot be clearly 1523 differentiated except under special conditions. 1524 (39)(29)“Variety” means a subdivision of a kind which is 1525 distinct in the sense that the variety can be differentiated by 1526 one or more identifiable morphological, physiological, or other 1527 characteristics from all other varieties of public knowledge; 1528 uniform in the sense that the variations in essential and 1529 distinctive characteristics are describable; and stable in the 1530 sense that the variety will remain unchanged in its essential 1531 and distinctive characteristics and its uniformity when 1532 reproduced or reconstitutedcharacterized by growth, plant1533fruit, seed, or other characteristics by which it can be1534differentiated from other sorts of the same kind; e.g.,1535Whatley’s Prolific corn, Bountiful beans, Kobe lespedeza. 1536 (40)(30)“Vegetable seed” means the seed of those crops 1537 thatwhichare grown in gardens or on truck farms, and are 1538 generally known and sold under the name of vegetable seed or 1539 herb seed in this state. 1540 (41)(31)“Weed seed” includes the seed of all plants 1541 generally recognized as weeds within this state, and includes 1542 prohibited and restricted noxious weed seed, bulblets,and1543 tubers, and any other vegetative propagules. 1544 Section 32. Section 578.012, Florida Statutes, is created 1545 to read: 1546 578.012 Preemption.— 1547 (1) It is the intent of the Legislature to eliminate 1548 duplication of regulation of seed. As such, this chapter is 1549 intended as comprehensive and exclusive and occupies the whole 1550 field of regulation of seed. 1551 (2) The authority to regulate seed or matters relating to 1552 seed in this state is preempted to the state. A local government 1553 or political subdivision of the state may not enact or enforce 1554 an ordinance that regulates seed, including the power to assess 1555 any penalties provided for violation of this chapter. 1556 Section 33. Section 578.08, Florida Statutes, is amended to 1557 read: 1558 578.08 Registrations.— 1559 (1) Every person, except as provided in subsection (4)and1560s. 578.14, before selling, distributing for sale, offering for 1561 sale, exposing for sale, handling for sale, or soliciting orders 1562 for the purchase of any agricultural, vegetable, flower,or1563foresttree, or shrub seed or mixture thereof, shall first 1564 register with the department as a seed dealer. The application 1565 for registration must include the name and location of each 1566 place of business at which the seed is sold, distributed for 1567 sale, offered for sale, exposed for sale, or handled for sale. 1568 The application mustfor registration shallbe filed with the 1569 department by using a form prescribed by the department or by 1570 using the department’s website and shall be accompanied by an 1571 annual registration fee for each such place of business based on 1572 the gross receipts from the sale of such seed for the last 1573 preceding license year as follows: 1574 (a)1. Receipts of less than $500, a fee of $10. 1575 2. Receipts of $500 or more but less than $1,000, a fee of 1576 $25. 1577 3. Receipts of $1,000 or more but less than $2,500, a fee 1578 of $100. 1579 4. Receipts of $2,500 or more but less than $5,000, a fee 1580 of $200. 1581 5. Receipts of $5,000 or more but less than $10,000, a fee 1582 of $350. 1583 6. Receipts of $10,000 or more but less than $20,000, a fee 1584 of $800. 1585 7. Receipts of $20,000 or more but less than $40,000, a fee 1586 of $1,000. 1587 8. Receipts of $40,000 or more but less than $70,000, a fee 1588 of $1,200. 1589 9. Receipts of $70,000 or more but less than $150,000, a 1590 fee of $1,600. 1591 10. Receipts of $150,000 or more but less than $400,000, a 1592 fee of $2,400. 1593 11. Receipts of $400,000 or more, a fee of $4,600. 1594 (b) For places of business not previously in operation, the 1595 fee shall be based on anticipated receipts for the first license 1596 year. 1597 (2) Awrittenreceipt from the department of the 1598 registration and payment of the fee shall constitute a 1599 sufficient permit for the dealer to engage in or continue in the 1600 business of selling, distributing for sale, offering or exposing 1601 for sale, handling for sale, or soliciting orders for the 1602 purchase of any agricultural, vegetable, flower,or foresttree, 1603 or shrub seed within the state. However, the department has 1604shall haveauthority to suspend or revoke any permit for the 1605 violation of any provision of this law or of any rule adopted 1606 under authority hereof. The registration shall expire on June 30 1607 of the next calendar year and shall be renewed on July 1 of each 1608 year. If any person subject to the requirements of this section 1609 fails to comply, the department may issue a stop-sale notice or 1610 order which shall prohibit the person from selling or causing to 1611 be sold any agricultural, vegetable, flower,or foresttree, or 1612 shrub seed until the requirements of this section are met. 1613 (3) Every person selling, distributing for sale, offering 1614 for sale, exposing for sale, handling for sale, or soliciting 1615 orders for the purchase of any agricultural, vegetable, flower, 1616or foresttree, or shrub seed in the state other than as 1617 provided in subsection (4)s. 578.14, shall be subject to the 1618 requirements of this section;except that agricultural1619experiment stations of the State University System shall not be1620subject to the requirements of this section. 1621 (4)The provisions ofThis chapter doesshallnot apply to 1622 farmers who sell only uncleaned, unprocessed, unpackaged, and 1623 unlabeled seed, but shall apply to farmers who sell cleaned, 1624 processed, packaged, and labeled seed in amounts in excess of 1625 $10,000 in any one year. 1626 (5) When packet seed is sold, offered for sale, or exposed 1627 for sale, the company who packs seed for retail sale must 1628 register and pay fees as provided under subsection (1). 1629 Section 34. Section 578.09, Florida Statutes, is amended to 1630 read: 1631 578.09 Label requirements for agricultural, vegetable, 1632 flower, tree, or shrub seeds.—Each container of agricultural, 1633 vegetable,orflower, tree, or shrub seed which is sold, offered 1634 for sale, exposed for sale, or distributed for sale within this 1635 state for sowingor plantingpurposes mustshallbear thereon or 1636 have attached thereto, in a conspicuous place,alabel or labels1637containing all information required under this section,plainly 1638 written or printed label or tag in the English language,in1639Century type. All data pertaining to analysis shall appear on a1640single label. Language setting forth the requirements for filing 1641 and serving complaints as described in s. 578.26(1)(c) musts.1642578.26(1)(b) shallbe included on the analysis label or be 1643 otherwise attached to the package, except for packages 1644 containing less than 1,000 seeds by count. 1645 (1)FOR TREATED SEED.—For all treated agricultural, 1646 vegetable,orflower, tree, or shrub seedtreatedas defined in 1647 this chapter: 1648 (a) A word or statement indicating that the seed has been 1649 treatedor description of process used. 1650 (b) The commonly accepted coined, chemical, or abbreviated 1651 chemical (generic) name of the applied substance or description 1652 of the process usedand the words “poison treated” in red1653letters, in not less than 1/4-inch type. 1654 (c) If the substance in the amount present with the seed is 1655 harmful to humans or other vertebrate animals, a caution 1656 statement such as “Do not use for food, feed, or oil purposes.” 1657 The caution for mercurials, Environmental Protection Agency 1658 Toxicity Category 1 as referenced in 7 C.F.R. 201.31a(c)(2), and 1659 similarly toxic substances shall be designated by a poison 1660 statement or symbol. 1661(d)Rate of application or statement “Treated at1662manufacturer’s recommended rate.”1663 (d)(e)If the seed is treated with an inoculant, the date 1664 beyond which the inoculant is not to be considered effective 1665 (date of expiration). 1666 1667 A label separate from other labels required by this section or 1668 other law may be used to identify seed treatments as required by 1669 this subsection. 1670 (2) For agricultural seed, including lawn and turf grass 1671 seed and mixtures thereof:AGRICULTURAL SEED.—1672 (a)Commonly acceptedThe name of the kind and variety of 1673 eachagricultural seedcomponent present in excess of 5 percent 1674 of the whole, and the percentage by weight of each in the order 1675 of its predominance. Where more than one component is required 1676 to be named, the word “mixed,” “mixture,” or “blend”the word1677“mixed”shall be shown conspicuously on the label. 1678 (b) Lot number or other lot identification. 1679 (c) Net weight or seed count. 1680 (d) Origin, if known. If the origin is; ifunknown, that 1681 fact mustshallbe stated. 1682 (e) Percentage by weight of all weed seed. 1683 (f)TheName and number of noxious weed seed per pound, if 1684 presentper pound of each kind of restricted noxious weed seed. 1685 (g) Percentage by weight of agricultural seed which may be 1686 designated as other crop seed, other than those required to be 1687 named on the label. 1688 (h) Percentage by weight of inert matter. 1689 (i) For each named agricultural seed, including lawn and 1690 turf grass seed: 1691 1. Percentage of germination, exclusive of hard or dormant 1692 seed; 1693 2. Percentage of hard or dormant seed, ifwhenpresent, if1694desired; and 1695 3. The calendar month and year the test was completed to 1696 determine such percentages, provided that the germination test 1697 must have been completed within the previous 9 months, exclusive 1698 of the calendar month of test. 1699 (j) Name and address of the person who labeled said seed or 1700 who sells, distributes, offers, or exposes said seed for sale 1701 within this state. 1702 1703 The sum total of the percentages listed pursuant to paragraphs 1704 (a),(e),(g), and (h) must be equal to 100 percent. 1705 (3) For seed that is coated: 1706 (a) Percentage by weight of pure seed with coating material 1707 removed. The percentage of coating material may be included with 1708 the inert matter percentage or may be listed separately. 1709 (b) Percentage of germination. This percentage must be 1710 determined based on an examination of 400 coated units with or 1711 without seed. 1712 1713 In addition to the requirements of this subsection, labeling of 1714 coated seed must also comply with the requirements of any other 1715 subsection pertaining to that type of seed.FOR VEGETABLE SEED1716IN CONTAINERS OF 8 OUNCES OR MORE.—1717(a) Name of kind and variety of seed.1718(b) Net weight or seed count.1719(c) Lot number or other lot identification.1720(d) Percentage of germination.1721(e) Calendar month and year the test was completed to1722determine such percentages.1723(f) Name and address of the person who labeled said seed or1724who sells, distributes, offers or exposes said seed for sale1725within this state.1726(g) For seed which germinate less than the standard last1727established by the department the words “below standard,” in not1728less than 8-point type, must be printed or written in ink on the1729face of the tag, in addition to the other information required.1730Provided, that no seed marked “below standard” shall be sold1731which falls more than 20 percent below the standard for such1732seed which has been established by the department, as authorized1733by this law.1734(h) The name and number of restricted noxious weed seed per1735pound.1736 (4) For combination mulch, seed, and fertilizer products: 1737 (a) The word “combination” followed, as appropriate, by the 1738 words “mulch - seed – fertilizer” must appear prominently on the 1739 principal display panel of the package. 1740 (b) If the product is an agricultural seed placed in a 1741 germination medium, mat, tape, or other device or is mixed with 1742 mulch or fertilizer, it must also be labeled with all of the 1743 following: 1744 1. Product name. 1745 2. Lot number or other lot identification. 1746 3. Percentage by weight of pure seed of each kind and 1747 variety named which may be less than 5 percent of the whole. 1748 4. Percentage by weight of other crop seed. 1749 5. Percentage by weight of inert matter. 1750 6. Percentage by weight of weed seed. 1751 7. Name and number of noxious weed seeds per pound, if 1752 present. 1753 8. Percentage of germination, and hard or dormant seed if 1754 appropriate, of each kind or kind and variety named. The 1755 germination test must have been completed within the previous 12 1756 months exclusive of the calendar month of test. 1757 9. The calendar month and year the test was completed to 1758 determine such percentages. 1759 10. Name and address of the person who labeled the seed, or 1760 who sells, offers, or exposes the seed for sale within the 1761 state. 1762 1763 The sum total of the percentages listed pursuant to 1764 subparagraphs 3., 4., 5., and 6. must be equal to 100 percent. 1765 (5) For vegetable seed in packets as prepared for use in 1766 home gardens or household plantings or vegetable seeds in 1767 preplanted containers, mats, tapes, or other planting devices: 1768FOR VEGETABLE SEED IN CONTAINERS OF LESS THAN 8 OUNCES.—1769 (a) Name of kind and variety of seed. Hybrids must be 1770 labeled as hybrids. 1771 (b) Lot number or other lot identification. 1772 (c) Germination test date identified in the following 1773 manner: 1774 1. The calendar month and year the germination test was 1775 completed and the statement “Sell by ...(month/year)...”, which 1776 may be no more than 12 months from the date of test, beginning 1777 with the month after the test date; 1778 2. The month and year the germination test was completed, 1779 provided that the germination test must have been completed 1780 within the previous 12 months, exclusive of the calendar month 1781 of test; or 1782 3. The year for which the seed was packaged for sale as 1783 “Packed for ...(year)...” and the statement “Sell by 1784 ...(year)...” which shall be one year after the seed was 1785 packaged for sale. 1786 (d)(b)Name and address of the person who labeled the seed 1787 or who sells,distributes,offers, or exposes said seed for sale 1788 within this state. 1789 (e)(c)For seed which germinate less than standard last 1790 established by the department, the additional information must1791be shown: 1792 1. Percentage of germination, exclusive of hard or dormant 1793 seed. 1794 2. Percentage of hard or dormant seedwhen present, if 1795 presentdesired. 17963. Calendar month and year the test was completed to1797determine such percentages.1798 3.4.The words “Below Standard” prominently displayedin1799not less than 8-point type. 1800 1801 (f)(d)No seed marked “below standard” mayshallbe sold 1802 that fallswhichfallmore than 20 percent below the established 1803 standard for such seed. For seeds that do not have an 1804 established standard, the minimum germination standard shall be 1805 50 percent, and no such seed may be sold that is 20 percent 1806 below this standard. 1807 (g) For seed placed in a germination medium, mat, tape, or 1808 other device in such a way as to make it difficult to determine 1809 the quantity of seed without removing the seeds from the medium, 1810 mat, tape or device, a statement to indicate the minimum number 1811 of seeds in the container. 1812 (6) For vegetable seed in containers, other than packets 1813 prepared for use in home gardens or household plantings, and 1814 other than preplanted containers, mats, tapes, or other planting 1815 devices: 1816 (a) The name of each kind and variety present of any seed 1817 in excess of 5 percent of the total weight in the container, and 1818 the percentage by weight of each type of seed in order of its 1819 predominance. Hybrids must be labeled as hybrids. 1820 (b) Net weight or seed count. 1821 (c) Lot number or other lot identification. 1822 (d) For each named vegetable seed: 1823 1. Percentage germination, exclusive of hard or dormant 1824 seed; 1825 2. Percentage of hard or dormant seed, if present; 1826 3. Listed below the requirements of subparagraphs 1. and 1827 2., the “total germination and hard or dormant seed” may be 1828 stated as such, if desired; and 1829 4. The calendar month and year the test was completed to 1830 determine the percentages specified in subparagraphs 1. and 2., 1831 provided that the germination test must have been completed 1832 within 9 months, exclusive of the calendar month of test. 1833 (e) Name and address of the person who labeled the seed, or 1834 who sells, offers, or exposes the seed for sale within this 1835 state. 1836 (f) For seed which germinate less than the standard last 1837 established by the department, the words “Below Standard” 1838 prominently displayed. 1839 1. No seed marked “Below Standard” may be sold if the seed 1840 is more than 20 percent below the established standard for such 1841 seed. 1842 2. For seeds that do not have an established standard, the 1843 minimum germination standard shall be 50 percent, and no such 1844 seed may be sold that is 20 percent below this standard. 1845 (7)(5)For flower seed in packets prepared for use in home 1846 gardens or household plantings or flower seed in preplanted 1847 containers, mats, tapes, or other planting devices:FOR FLOWER1848SEED IN PACKETS PREPARED FOR USE IN HOME GARDENS OR HOUSEHOLD1849PLANTINGS OR FLOWER SEED IN PREPLANTED CONTAINERS, MATS, TAPES,1850OR OTHER PLANTING DEVICES.—1851 (a) For all kinds of flower seed: 1852 1. The name of the kind and variety or a statement of type 1853 and performance characteristics as prescribed in the rules and 1854 regulations adoptedpromulgatedunder the provisions of this 1855 chapter. 1856 2. Germination test date, identified in the following 1857 manner: 1858 a. The calendar month and year the germination test was 1859 completed and the statement “Sell by_ ...(month/year)...”. The 1860 sell by date must be no more than 12 months from the date of 1861 test, beginning with the month after the test date; 1862 b. The year for which the seed was packed for sale as 1863 “Packed for ...(year)...” and the statement “Sell by 1864 ...(year)...” which shall be for a calendar year; or 1865 c. The calendar month and year the test was completed, 1866 provided that the germination test must have been completed 1867 within the previous 12 months, exclusive of the calendar month 1868 of test. 18692. The calendar month and year the seed was tested or the1870year for which the seed was packaged.1871 3. The name and address of the person who labeled said 1872 seed, or who sells, offers, or exposes said seed for sale within 1873 this state. 1874 (b) For seed of those kinds for which standard testing 1875 procedures are prescribed and which germinate less than the 1876 germination standard last established under the provisions of 1877 this chapter: 1878 1. The percentage of germination exclusive of hard or 1879 dormant seed. 1880 2. Percentage of hard or dormant seed, if present. 1881 3. The words “Below Standard” prominently displayedin not1882less than 8-point type. 1883 (c) For seed placed in a germination medium, mat, tape, or 1884 other device in such a way as to make it difficult to determine 1885 the quantity of seed without removing the seed from the medium, 1886 mat, tape, or device, a statement to indicate the minimum number 1887 of seed in the container. 1888 (8)(6)For flower seed in containers other than packets and 1889 other than preplanted containers, mats, tapes, or other planting 1890 devices and not prepared for use in home flower gardens or 1891 household plantings:FOR FLOWER SEED IN CONTAINERS OTHER THAN1892PACKETS PREPARED FOR USE IN HOME FLOWER GARDENS OR HOUSEHOLD1893PLANTINGS AND OTHER THAN PREPLANTED CONTAINERS, MATS, TAPES, OR1894OTHER PLANTING DEVICES.—1895 (a) The name of the kind and variety, and for wildflowers, 1896 the genus and species and subspecies, if appropriateor a1897statement of type and performance characteristics as prescribed1898in rules and regulations promulgated under the provisions of1899this chapter. 1900 (b) Net weight or seed count. 1901 (c)(b)TheLot number or other lot identification. 1902 (d) For flower seed with a pure seed percentage of less 1903 than 90 percent: 1904 1. Percentage, by weight, of each component listed in order 1905 of its predominance. 1906 2. Percentage by weight of weed seed, if present. 1907 3. Percentage by weight of other crop seed. 1908 4. Percentage by weight of inert matter. 1909 (e) For those kinds of seed for which standard testing 1910 procedures are prescribed: 1911 1. Percentage germination exclusive of hard or dormant 1912 seed. 1913 2. Percentage of hard or dormant seed, if present. 1914 3.(c)The calendar month and year that the test was 1915 completed. The germination test must have been completed within 1916 the previous 9 months, exclusive of the calendar month of test. 1917 (f) For those kinds of seed for which standard testing 1918 procedures are not available, the year of production or 1919 collectionseed were tested or the year for which the seed were1920packaged. 1921 (g)(d)The name and address of the person who labeled said 1922 seed or who sells, offers, or exposes said seed for sale within 1923 this state. 1924(e) For those kinds of seed for which standard testing1925procedures are prescribed:19261. The percentage germination exclusive of hard seed.19272. The percentage of hard seed, if present.1928 (h)(f)Forthoseseedswhich germinate less than the 1929 standard last established by the department, the words “Below 1930 Standard” prominently displayedin not less than 8-point type1931must be printed or written in ink on the face of the tag. 1932 (9) For tree or shrub seed: 1933 (a) Common name of the species of seed and, if appropriate, 1934 subspecies. 1935 (b) The scientific name of the genus, species, and, if 1936 appropriate, subspecies. 1937 (c) Lot number or other lot identification. 1938 (d) Net weight or seed count. 1939 (e) Origin, indicated in the following manner: 1940 1. For seed collected from a predominantly indigenous 1941 stand, the area of collection given by latitude and longitude or 1942 geographic description, or political subdivision, such as state 1943 or county. 1944 2. For seed collected from other than a predominantly 1945 indigenous stand, the area of collection and the origin of the 1946 stand or the statement “Origin not Indigenous”. 1947 3. The elevation or the upper and lower limits of 1948 elevations within which the seed was collected. 1949 (f) Purity as a percentage of pure seed by weight. 1950 (g) For those species for which standard germination 1951 testing procedures are prescribed by the department: 1952 1. Percentage germination exclusive of hard or dormant 1953 seed. 1954 2. Percentage of hard or dormant seed, if present. 1955 3. The calendar month and year test was completed, provided 1956 that the germination test must have been completed within the 1957 previous 12 months, exclusive of the calendar month of test. 1958 (h) In lieu of subparagraphs (g)1., 2., and 3., the seed 1959 may be labeled “Test is in progress; results will be supplied 1960 upon request.” 1961 (i) For those species for which standard germination 1962 testing procedures have not been prescribed by the department, 1963 the calendar year in which the seed was collected. 1964 (j) The name and address of the person who labeled the seed 1965 or who sells, offers, or exposes the seed for sale within this 1966 state. 1967(7) DEPARTMENT TO PRESCRIBE UNIFORM ANALYSIS TAG.—The1968department shall have the authority to prescribe a uniform1969analysis tag required by this section.1970 1971 The information required by this section to be placed on labels 1972 attached to seed containers may not be modified or denied in the 1973 labeling or on another label attached to the container. However, 1974 labeling of seed supplied under a contractual agreement may be 1975 by invoice accompanying the shipment or by an analysis tag 1976 attached to the invoice if each bag or other container is 1977 clearly identified by a lot number displayed on the bag or other 1978 container. Each bag or container that is not so identified must 1979 carry complete labeling. 1980 Section 35. Section 578.091, Florida Statutes, is repealed. 1981 Section 36. Subsections (2) and (3) of section 578.10, 1982 Florida Statutes, are amended to read: 1983 578.10 Exemptions.— 1984 (2) The provisions of ss. 578.09 and 578.13 do not apply 1985 to: 1986 (a)ToSeed or grain not intended for sowing or planting 1987 purposes. 1988 (b)ToSeed storedin storagein, consigned to, or being 1989 transported to seed cleaning or processing establishments for 1990 cleaning or processing only. Any labeling or other 1991 representation which may be made with respect to the unclean 1992 seed isshall besubject to this law. 1993 (c) Seed under development or maintained exclusively for 1994 research purposes. 1995 (3) If seeds cannot be identified by examination thereof, a 1996 person is not subject to the criminal penalties of this chapter 1997 for having sold or offered for sale seeds subject to this 1998 chapter which were incorrectly labeled or represented as to 1999 kind, species, and, if appropriate, subspecies, variety, type, 2000 or origin, elevation, and, if required, year of collection 2001 unless he or she has failed to obtain an invoice, genuine 2002 grower’s or tree seed collector’s declaration, or other labeling 2003 information and to take such other precautions as may be 2004 reasonable to ensure the identity of the seeds to be as stated 2005 by the grower. A genuine grower’s declaration of variety must 2006 affirm that the grower holds records of proof of identity 2007 concerning parent seed, such as invoice and labelsNo person2008shall be subject to the criminal penalties of this law for2009having sold, offered, exposed, or distributed for sale in this2010state any agricultural, vegetable, or forest tree seed which2011were incorrectly labeled or represented as to kind and variety2012or origin, which seed cannot be identified by examination2013thereof, unless she or he has failed to obtain an invoice or2014grower’s declaration giving kind and variety and origin. 2015 Section 37. Section 578.11, Florida Statutes, is amended to 2016 read: 2017 578.11 Duties, authority, and rules of the department.— 2018 (1) The duty of administering this law and enforcing its 2019 provisions and requirements shall be vested in the Department of 2020 Agriculture and Consumer Services, which is hereby authorized to 2021 employ such agents and persons as in its judgment shall be 2022 necessary therefor. It shall be the duty of the department, 2023 which may act through its authorized agents, to sample, inspect, 2024 make analyses of, and test agricultural, vegetable, flower,or2025foresttree, or shrub seed transported, sold, offered or exposed 2026 for sale, or distributed within this state for sowing or 2027 planting purposes, at such time and place and to such extent as 2028 it may deem necessary to determine whether said agricultural, 2029 vegetable, flower,or foresttree, or shrub seed are in 2030 compliance with the provisions of this law, and to notify 2031 promptly the person who transported, distributed, sold, offered 2032 or exposed the seed for sale, of any violation. 2033 (2) The department is authorized to: 2034 (a)ToEnforce this chapteractand prescribe the methods 2035 of sampling, inspecting, testing, and examining agricultural, 2036 vegetable, flower,orforesttree, or shrub seed. 2037 (b)ToEstablish standards and tolerances to be followed in 2038 the administration of this law, which shall be in general accord 2039 with officially prescribed practices in interstate commerce. 2040 (c)ToPrescribe uniform labels. 2041 (d)ToAdopt prohibited and restricted noxious weed seed 2042 lists. 2043 (e)ToPrescribe limitations for each restricted noxious 2044 weed to be used in enforcement of this chapteractand to add or 2045 subtract therefrom from time to time as the need may arise. 2046 (f)ToMake commercial tests of seed and to fix and collect 2047 charges for such tests. 2048 (g)ToList the kinds of flower,andforesttree, and shrub 2049 seed subject to this law. 2050 (h)ToAnalyze samples, as requested by a consumer. The 2051 department shall establish, by rule, a fee schedule for 2052 analyzing samples at the request of a consumer. The fees shall 2053 be sufficient to cover the costs to the department for taking 2054 the samples and performing the analysis, not to exceed $150 per 2055 sample. 2056 (i)ToAdopt rules pursuant to ss. 120.536(1) and 120.54 to 2057 implementthe provisions ofthis chapteract. 2058 (j)ToEstablish, by rule, requirements governing aircraft 2059 used for the aerial application of seed, including requirements 2060 for recordkeeping, annual aircraft registration, secure storage 2061 when not in use, area-of-application information, and reporting 2062 any sale, lease, purchase, rental, or transfer of such aircraft 2063 to another person. 2064 (3) For the purpose of carrying outtheprovisions ofthis 2065 law, the department, through its authorized agents, is 2066 authorized to: 2067 (a)ToEnter upon any public or private premises, where 2068 agricultural, vegetable, flower,or foresttree, or shrub seed 2069 is sold, offered, exposed, or distributed for sale during 2070 regular business hours, in order to have access to seed subject 2071 to this law and the rules and regulations hereunder. 2072 (b)ToIssue and enforce a stop-sale notice or order to the 2073 owner or custodian of any lot of agricultural, vegetable, 2074 flower,orforesttree, or shrub seed,which the department 2075 finds or has good reason to believe is in violation of any 2076 provisions of this law, which shall prohibit further sale, 2077 barter, exchange, or distribution of such seed until the 2078 department is satisfied that the law has been complied with and 2079 has issued a written release or notice to the owner or custodian 2080 of such seed. After a stop-sale notice or order has been issued 2081 against or attached to any lot of seed and the owner or 2082 custodian of such seed has received confirmation that the seed 2083 does not comply with this law, she or he hasshall have15 days 2084 beyond the normal test period within which to comply with the 2085 law and obtain a written release of the seed.The provisions of2086 This paragraph mayshallnot be construed as limiting the right 2087 of the department to proceed as authorized by other sections of 2088 this law. 2089 (c)ToEstablish and maintain a seed laboratory, employ 2090 seed analysts and other personnel, and incur such other expenses 2091 as may be necessary to comply with these provisions. 2092 Section 38. Section 578.12, Florida Statutes, is amended to 2093 read: 2094 578.12 Stop-sale, stop-use, removal, or hold orders.—When 2095 agricultural, vegetable, flower,orforesttree, or shrub seed 2096 is being offered or exposed for sale or held in violation of any 2097 of the provisions of this chapter, the department, through its 2098 authorized representative, may issue and enforce a stop-sale, 2099 stop-use, removal, or hold order to the owner or custodian of 2100 said seed ordering it to be held at a designated place until the 2101 law has been complied with and said seed is released in writing 2102 by the department or its authorized representative. If seed is 2103 not brought into compliance with this law it shall be destroyed 2104 within 30 days or disposed of by the department in such a manner 2105 as it shall by regulation prescribe. 2106 Section 39. Section 578.13, Florida Statutes, is amended to 2107 read: 2108 578.13 Prohibitions.— 2109 (1) It shall be unlawful for any person to sell, distribute 2110 for sale, offer for sale, expose for sale, handle for sale, or 2111 solicit orders for the purchase of any agricultural, vegetable, 2112 flower,or foresttree, or shrub, seed within this state: 2113 (a) Unless the test to determine the percentage of 2114 germination required by s. 578.09 hasshall havebeen completed 2115within a period of 7 months,exclusive of the calendar month in2116which the test was completed,immediately prior to sale, 2117 exposure for sale, offering for sale, or transportation, except 2118 for a germination test for seed in hermetically sealed 2119 containers which is provided for in s. 579.092s. 578.28. 2120 (b) Not labeled in accordance withthe provisions ofthis 2121 law, or having false or misleading labeling. 2122 (c) Pertaining to which there has been a false or 2123 misleading advertisement. 2124 (d) Containing noxious weed seeds subject to tolerances and 2125 methods of determination prescribed in the rules and regulations 2126 under this law. 2127 (e) Unless a seed license has been obtained in accordance 2128 withthe provisions ofthis law. 2129 (f) Unless such seed conforms to the definition of a “lot 2130of seed.” 2131 (2) It shall be unlawful for aanyperson within this state 2132 to: 2133 (a)ToDetach, deface, destroy, or use a second time any 2134 label or tag provided for in this law or in the rules and 2135 regulations made and promulgated hereunder or to alter or 2136 substitute seed in a manner that may defeat the purpose of this 2137 law. 2138 (b)ToDisseminate any false or misleading advertisement 2139 concerning agricultural, vegetable, flower,orforesttree ,or 2140 shrub seed in any manner or by any means. 2141 (c)ToHinder or obstruct in any way any authorized person 2142 in the performance of her or his duties under this law. 2143 (d)ToFail to comply with a stop-sale order or to move, 2144 handle, or dispose of any lot of seed, or tags attached to such 2145 seed, held under a “stop-sale” order, except with express 2146 permission of the department and for the purpose specified by 2147 the departmentor seizure order. 2148 (e) Label, advertise, or otherwise represent seed subject 2149 to this chapter to be certified seed or any class thereof, 2150 including classes such as “registered seed,” “foundation seed,” 2151 “breeder seed” or similar representations, unless: 2152 1. A seed certifying agency determines that such seed 2153 conformed to standards of purity and identify as to the kind, 2154 variety, or species and, if appropriate, subspecies and the seed 2155 certifying agency also determines that tree or shrub seed was 2156 found to be of the origin and elevation claimed, in compliance 2157 with the rules and regulations of such agency pertaining to such 2158 seed; and 2159 2. The seed bears an official label issued for such seed by 2160 a seed certifying agency certifying that the seed is of a 2161 specified class and specified to the kind, variety, or species 2162 and, if appropriate, subspecies. 2163 (f) Label, by variety name, seed not certified by an 2164 official seed-certifying agency when it is a variety for which a 2165 certificate of plant variety protection under the United States 2166 Plant Variety Protection Act, 7 U.S.C. 2321 et. seq., specifies 2167 sale only as a class of certified seed, except that seed from a 2168 certified lot may be labeled as to variety name when used in a 2169 mixture by, or with the written approval of, the owner of the 2170 variety.To sell, distribute for sale, offer for sale, expose2171for sale, handle for sale, or solicit orders for the purchase of2172any agricultural, vegetable, flower, or forest tree seed labeled2173“certified seed,” “registered seed,” “foundation seed,” “breeder2174seed,” or similar terms, unless it has been produced and labeled2175under seal in compliance with the rules and regulations of any2176agency authorized by law.2177 (g)(f)ToFail to keep a complete record, including a file 2178 sample which shall be retained for 1 year after seed is sold, of 2179 each lot of seed and to make available for inspection such 2180 records to the department or its duly authorized agents. 2181 (h)(g)ToUse the name of the Department of Agriculture and 2182 Consumer Services or Florida State Seed Laboratory in connection 2183 with analysis tag, labeling advertisement, or sale of any seed 2184 in any manner whatsoever. 2185 Section 40. Section 578.14, Florida Statutes, is repealed. 2186 Section 41. Subsection (1) of section 578.181, Florida 2187 Statutes, is amended to read: 2188 578.181 Penalties; administrative fine.— 2189 (1) The department may enter an order imposing one or more 2190 of the following penalties against a person who violates this 2191 chapter or the rules adopted under this chapter or who impedes, 2192 obstructs,orhinders, or otherwise attempts to prevent the 2193 department from performing its duty in connection with 2194performing its duties underthis chapter: 2195 (a) For a minor violation, issuance of a warning letter. 2196 (b) For violations other than a minor violation: 2197 1. Imposition of an administrative fine in the Class I 2198 category pursuant to s. 570.971 for each occurrenceafter the2199issuance of a warning letter. 2200 2.(c)Revocation or suspension of the registration as a 2201 seed dealer. 2202 Section 42. Section 578.23, Florida Statutes, is amended to 2203 read: 2204 578.23Dealers’Recordsto be kept available.—Each person 2205 who allows his or her name or brand to appear on the label as 2206 handling agricultural, vegetable, flower, tree, or shrub seeds 2207 subject to this chapter must keep, for 2 years, complete records 2208 of each lot of agricultural, vegetable, flower, tree, or shrub 2209 seed handled, and keep for 1 year after final disposition a file 2210 sample of each lot of seed. All such records and samples 2211 pertaining to the shipment or shipments involved must be 2212 accessible for inspection by the department or its authorized 2213 representative during normal business hoursEvery seed dealer2214shall make and keep for a period of 3 years satisfactory records2215of all agricultural, vegetable, flower, or forest tree seed2216bought or handled to be sold, which records shall at all times2217be made readily available for inspection, examination, or audit2218by the department. Such records shall also be maintained by2219persons who purchase seed for production of plants for resale. 2220 Section 43. Section 578.26, Florida Statutes, is amended to 2221 read: 2222 578.26 Complaint, investigation, hearings, findings, and 2223 recommendation prerequisite to legal action.— 2224 (1)(a) When any buyerfarmeris damaged by the failure of 2225 agricultural, vegetable, flower,orforesttree, or shrub seed 2226 planted in this state to produce or perform as represented by 2227 the labeling of suchlabel attached to theseed as required by 2228 s. 578.09, as a prerequisite to her or his right to maintain a 2229 legal action against the dealer from whom the seed was 2230 purchased, the buyer mustfarmershallmake a sworn complaint 2231 against the dealer alleging damages sustained. The complaint 2232 shall be filed with the department, and a copy of the complaint 2233 shall be served by the department on the dealer by certified 2234 mail, within such time as to permit inspection of the property, 2235 crops, plants, or trees referenced in, or related to, the 2236 buyer’s complaint by the seed investigation and conciliation 2237 council or its representatives and by the dealer from whom the 2238 seed was purchased. 2239 (b) For types of claims specified in paragraph (a), the 2240 buyer may not commence legal proceedings against the dealer or 2241 assert such a claim as a counterclaim or defense in any action 2242 brought by the dealer until the findings and recommendations of 2243 the seed investigation and conciliation council are transmitted 2244 to the complainant and the dealer. 2245 (c)(b)Language setting forth the requirement for filing 2246 and serving the complaint shall be legibly typed or printed on 2247 the analysis label or be attached to the package containing the 2248 seed at the time of purchase by the buyerfarmer. 2249 (d)(c)A nonrefundable filing fee of $100 shall be paid to 2250 the department with each complaint filed. However, the 2251 complainant may recover the filing fee cost from the dealer upon 2252 the recommendation of the seed investigation and conciliation 2253 council. 2254 (2) Within 15 days after receipt of a copy of the 2255 complaint, the dealer shall file with the department her or his 2256 answer to the complaint and serve a copy of the answer on the 2257 buyerfarmerby certified mail.Upon receipt of the findings and2258recommendation of the arbitration council, the department shall2259transmit them to the farmer and to the dealer by certified mail.2260 (3) The department shall refer the complaint and the answer 2261 thereto to the seed investigation and conciliation council 2262 provided in s. 578.27 for investigation, informal hearing, 2263 findings, and recommendation on the matters complained of. 2264 (a) Each party mustshallbe allowed to present its side of 2265 the dispute at an informal hearing before the seed investigation 2266 and conciliation council. Attorneys may be present at the 2267 hearing to confer with their clients. However, no attorney may 2268 participate directly in the proceeding. 2269 (b) Hearings, including the deliberations of the seed 2270 investigation and conciliation council, mustshallbe open to 2271 the public. 2272 (c) Within 30 days after completion of a hearing, the seed 2273 investigation and conciliation council shall transmit its 2274 findings and recommendations to the department. Upon receipt of 2275 the findings and recommendation of the seed investigation and 2276 conciliation council, the department shall transmit them to the 2277 buyerfarmerand to the dealer by certified mail. 2278 (4) The department shall provide administrative support for 2279 the seed investigation and conciliation council and shall mail a 2280 copy of the council’s procedures to each party upon receipt of a 2281 complaint by the department. 2282 Section 44. Subsections (1), (2), and (4) of section 2283 578.27, Florida Statutes, are amended to read: 2284 578.27 Seed investigation and conciliation council; 2285 composition; purpose; meetings; duties; expenses.— 2286 (1) The Commissioner of Agriculture shall appoint a seed 2287 investigation and conciliation council composed of seven members 2288and seven alternate members, one memberand one alternateto be 2289 appointed upon the recommendation of each of the following: the 2290 deans of extension and research, Institute of Food and 2291 Agricultural Sciences, University of Florida; president of the 2292 Florida SeedSeedsmen and Garden SupplyAssociation; president 2293 of the Florida Farm Bureau Federation; and the president of the 2294 Florida Fruit and Vegetable Association. The Commissioner of 2295 Agriculture shall appoint a representativeand an alternatefrom 2296 the agriculture industry at large and from the Department of 2297 Agriculture and Consumer Services. Each member shall be 2298 appointed for a term of 4 years or less and shall serve until 2299 his or her successor is appointedInitially, three members and2300their alternates shall be appointed for 4-year terms and four2301members and their alternates shall be appointed for 2-year2302terms. Thereafter, members and alternates shall be appointed for23034-year terms. Each alternate member shall serve only in the2304absence of the member for whom she or he is an alternate. A 2305 vacancy shall be filled for the remainder of the unexpired term 2306 in the same manner as the original appointment. The council 2307 shall annually elect a chair from its membership. It shall be 2308 the duty of the chair to conduct all meetings and deliberations 2309 held by the council and to direct all other activities of the 2310 council. The department representative shall serve as secretary 2311 of the council. It shall be the duty of the secretary to keep 2312 accurate and correct records on all meetings and deliberations 2313 and perform other duties for the council as directed by the 2314 chair. 2315 (2) The purpose of the seed investigation and conciliation 2316 council is to assist buyersfarmersandagriculturalseed 2317 dealers in determining the validity of seed complaints made by 2318 buyersfarmersagainst dealers and recommend a settlement, when 2319 appropriate,cost damagesresulting from the alleged failure of 2320 the seed to produce or perform as represented by the label of 2321 suchon theseedpackage. 2322 (4)(a) When the department refers to the seed investigation 2323 and conciliation council any complaint made by a buyerfarmer2324 against a dealer, thesaidcouncil mustshallmake a full and 2325 complete investigation of the matters complained of and at the 2326 conclusion of thesaidinvestigation mustshallreport its 2327 findings and make its recommendationof cost damagesand file 2328 same with the department. 2329 (b) In conducting its investigation, the seed investigation 2330 and conciliation council or any representative, member, or 2331 members thereof are authorized to examine the buyer’s property, 2332 crops, plants, or trees referenced in or relating to the 2333 complaintfarmer on her or his farming operation of which she or2334he complainsand the dealer on her or his packaging, labeling, 2335 and selling operation of the seed alleged to be faulty; to grow 2336 to production a representative sample of the alleged faulty seed 2337 through the facilities of the state, under the supervision of 2338 the department when such action is deemed to be necessary; to 2339 hold informal hearings at a time and place directed by the 2340 department or by the chair of the council upon reasonable notice 2341 to the buyerfarmerand the dealer. 2342 (c) Any investigation made by less than the whole 2343 membership of the council mustshallbe by authority of a 2344 written directive by the department or by the chair, and such 2345 investigation mustshallbe summarized in writing and considered 2346 by the council in reporting its findings and making its 2347 recommendation. 2348 Section 45. Section 578.28, Florida Statutes, is renumbered 2349 as section 578.092, Florida Statutes, and amended to read: 2350 578.092578.28Seed in hermetically sealed containers.—The 2351 period of validity of germination tests is extended to the 2352 following periods for seed packaged in hermetically sealed 2353 containers, under conditions and label requirements set forth in 2354 this section: 2355 (1) GERMINATION TESTS.—The germination test for 2356 agricultural and vegetable seed mustshallhave been completed 2357 within the following periods, exclusive of the calendar month in 2358 which the test was completed, immediately prior to shipment, 2359 delivery, transportation, or sale: 2360 (a) In the case of agricultural or vegetable seed shipped, 2361 delivered, transported, or sold to a dealer for resale, 18 2362 months; 2363 (b) In the case of agricultural or vegetable seed for sale 2364 or sold at retail, 24 months. 2365 (2) CONDITIONS OF PACKAGING.—The following conditions are 2366 considered as minimum: 2367 (a) Hermetically sealed packages or containers.—A 2368 container, to be acceptable under the provisions of this 2369 section, shall not allow water vapor penetration through any 2370 wall, including the wall seals, greater than 0.05 gram of water 2371 per 24 hours per 100 square inches of surface at 100 °F. with a 2372 relative humidity on one side of 90 percent and on the other of 2373 0 percent. Water vapor penetration (WVP) is measured by the 2374 standards of the National Institute of Standards and Technology 2375 as: gm H2O/24 hr./100 sq. in./100 °F/90 percent RH V. 0 percent 2376 RH. 2377 (b) Moisture of seed packaged.—The moisture of agricultural 2378 or vegetable seed subject to the provisions of this section 2379 shall be established by rule of the department. 2380 (3) LABELING REQUIRED.—In addition to the labeling required 2381 by s. 578.09, seed packaged under the provisions of this section 2382 shall be labeled with the following information: 2383 (a) Seed has been preconditioned as to moisture content. 2384 (b) Container is hermetically sealed. 2385 (c) “Germination test valid until (month, year)” may be 2386 used. (Not to exceed 24 months from date of test). 2387 Section 46. Section 578.29, Florida Statutes, is created to 2388 read: 2389 578.29 Prohibited noxious weed seed.—Seeds meeting the 2390 definition of prohibited noxious weed seed under s. 578.011, may 2391 not be present in agricultural, vegetable, flower, tree, or 2392 shrub seed offered or exposed for sale in this state. 2393 Section 47. Subsection (1) of section 590.02, Florida 2394 Statutes, is amended to read: 2395 590.02 Florida Forest Service; powers, authority, and 2396 duties; liability; building structures; Withlacoochee Training 2397 Center.— 2398 (1) The Florida Forest Service has the following powers, 2399 authority, and duties to: 2400 (a)ToEnforce the provisions of this chapter; 2401 (b)ToPrevent, detect, and suppress wildfires wherever 2402 they may occur on public or private land in this state and to do 2403 all things necessary in the exercise of such powers, authority, 2404 and duties; 2405 (c)ToProvide firefighting crews, who shall be under the 2406 control and direction of the Florida Forest Service and its 2407 designated agents; 2408 (d)ToAppoint center managers, forest area supervisors, 2409 forestry program administrators, a forest protection bureau 2410 chief, a forest protection assistant bureau chief, a field 2411 operations bureau chief, deputy chiefs of field operations, 2412 district managers, forest operations administrators, senior 2413 forest rangers, investigators, forest rangers, firefighter 2414 rotorcraft pilots, and other employees who may, at the Florida 2415 Forest Service’s discretion, be certified as forestry 2416 firefighters pursuant to s. 633.408(8). Other law 2417 notwithstanding, center managers, district managers, forest 2418 protection assistant bureau chief, and deputy chiefs of field 2419 operations haveshall haveSelected Exempt Service status in the 2420 state personnel designation; 2421 (e)ToDevelop a training curriculum for forestry 2422 firefighters which must contain the basic volunteer structural 2423 fire training course approved by the Florida State Fire College 2424 of the Division of State Fire Marshal and a minimum of 250 hours 2425 of wildfire training; 2426 (f) Pay the cost of the initial commercial driver license 2427 examination fee for those employees whose position requires them 2428 to operate equipment requiring a license. This paragraph is 2429 intended to be an authorization to the department to pay such 2430 costs, not an obligation; 2431(f)Tomake rules to accomplish the purposes of this2432chapter;2433 (g)ToProvide fire management services and emergency 2434 response assistance and to set and charge reasonable fees for 2435 performance of those services. Moneys collected from such fees 2436 shall be deposited into the Incidental Trust Fund of the Florida 2437 Forest Service; 2438 (h)ToRequire all state, regional, and local government 2439 agencies operating aircraft in the vicinity of an ongoing 2440 wildfire to operate in compliance with the applicable state 2441 Wildfire Aviation Plan;and2442 (i)ToAuthorize broadcast burning, prescribed burning, 2443 pile burning, and land clearing debris burning to carry out the 2444 duties of this chapter and the rules adopted thereunder; and 2445 (j) Make rules to accomplish the purposes of this chapter. 2446 Section 48. Paragraph (c) of subsection (6) and subsection 2447 (9) of section 790.06, Florida Statutes, are amended to read: 2448 790.06 License to carry concealed weapon or firearm.— 2449 (6) 2450 (c) The Department of Agriculture and Consumer Services 2451 shall, within 90 days after the date of receipt of the items 2452 listed in subsection (5): 2453 1. Issue the license; or 2454 2. Deny the application based solely on the ground that the 2455 applicant fails to qualify under the criteria listed in 2456 subsection (2) or subsection (3). If the Department of 2457 Agriculture and Consumer Services denies the application, it 2458 shall notify the applicant in writing, stating the ground for 2459 denial and informing the applicant of any right to a hearing 2460 pursuant to chapter 120. 2461 3. In the event the department receives incomplete criminal 2462 history information orwithno final disposition on a crime 2463 which may disqualify the applicant, the Department of 2464 Agriculture and Consumer Services must expedite efforts to 2465 acquire the final disposition or proof of restoration of civil 2466 and firearm rights, or confirmation that clarifying records are 2467 not available from the jurisdiction where the criminal history 2468 originated. Ninety days after the date of receipt of the 2469 completed application, if the department has not acquired final 2470 disposition or proof of restoration of civil and firearm rights, 2471 or confirmation that clarifying records are not available from 2472 the jurisdiction where the criminal history originated, the 2473 department shall issue the license in the absence of 2474 disqualifying information. However, such license must be 2475 immediately suspended and revoked upon receipt of disqualifying 2476 information pursuant to this sectiontime limitation prescribed2477by this paragraph may be suspended until receipt of the final2478disposition or proof of restoration of civil and firearm rights. 2479 (9) In the event that a concealed weapon or firearm license 2480 is lost or destroyed, the license shall be automatically 2481 invalid, and the person to whom the same was issued may, upon 2482 payment of $15 to the Department of Agriculture and Consumer 2483 Services, obtain a duplicate, or substitute thereof, upon 2484 furnishing anotarizedstatement under oath to the Department of 2485 Agriculture and Consumer Services that such license has been 2486 lost or destroyed. 2487 Section 49. Subsections (5) and (8) of section 790.0625, 2488 Florida Statutes, are amended, and sections (9) and (10) are 2489 added to that section, to read: 2490 790.0625 Appointment of tax collectors to accept 2491 applications for a concealed weapon or firearm license; fees; 2492 penalties.— 2493 (5) A tax collector appointed under this section shall 2494 collect and remit weekly to the department the license fees 2495 pursuant to s. 790.06 for deposit in the Division of Licensing 2496 Trust Fund and may collect and retainaconvenience fees for the 2497 following:fee of $22 for each new application and $12 for each2498renewal application andshall remit weekly to the department the2499license fees pursuant to s. 790.06 for deposit in the Division2500of Licensing Trust Fund.2501 (a) Twenty-two dollars for each new application. 2502 (b) Twelve dollars for each renewal application. 2503 (c) Twelve dollars for each duplicate license issued to 2504 replace a lost or destroyed license. 2505 (d) Six dollars for fingerprinting. 2506 (e) Six dollars for photographing services associated with 2507 the completion of an application submitted online. 2508 (8) Upon receipt of a completed renewal application, a new 2509 color photograph, andappropriatepayment of required fees, a 2510 tax collector authorized to accept renewal applications for 2511 concealed weapon or firearm licenses under this section may, 2512 upon approval and confirmation of license issuance by the 2513 department, print and deliver a concealed weapon or firearm 2514 license to a licensee renewing his or her license at the tax 2515 collector’s office. 2516 (9) Upon receipt of a statement under oath to the 2517 department, and the payment of required fees, a tax collector 2518 authorized to accept applications for concealed weapon or 2519 firearm licenses under this section may, upon approval and 2520 confirmation from the department that a license is in good 2521 standing, print and deliver a concealed weapon or firearm 2522 license to a licensee whose license has been lost or destroyed. 2523 (10) Tax collectors authorized to accept applications for 2524 concealed weapon or firearm licenses under this section may 2525 provide fingerprinting and photographing services to aid 2526 concealed weapon and firearm applicants and licensees with 2527 online initial and renewal applications. 2528 Section 50. Section 817.417, Florida Statutes, is created 2529 to read: 2530 817.417 Government Impostor and Deceptive Advertisement 2531 Act.— 2532 (1) SHORT TITLE.—This act may be cited as the “Government 2533 Impostor and Deceptive Advertisements Act.” 2534 (2) DEFINITIONS.—As used in this section: 2535 (a) “Advertisement” means any representation disseminated 2536 in any manner or by any means, other than by a label, for the 2537 purpose of inducing, or which is reasonably likely to induce, 2538 directly or indirectly, a purchase. 2539 (b) “Department” means the Department of Agriculture and 2540 Consumer Services. 2541 (c) “Governmental entity” means a political subdivision or 2542 agency of any state, possession, or territory of the United 2543 States, or the Federal Government, including, but not limited 2544 to, a board, a department, an office, an agency, a military 2545 veteran entity, or a military or veteran service organization by 2546 whatever name known. 2547 (3) DUTIES AND RESPONSIBILITIES.—The department has the 2548 duty and responsibility to: 2549 (a) Investigate potential violations of this section. 2550 (b) Request and obtain information regarding potential 2551 violations of this section. 2552 (c) Seek compliance with this section. 2553 (d) Enforce this section. 2554 (e) Adopt rules necessary to administer this section. 2555 (4) VIOLATIONS.—Each occurrence of the following acts or 2556 practices constitute a violation of this section: 2557 (a) Disseminating an advertisement that: 2558 1. Simulates a summons, complaint, jury notice, or other 2559 court, judicial, or administrative process of any kind. 2560 2. Represents, implies, or otherwise engages in an action 2561 that may reasonably cause confusion that the person using or 2562 employing the advertisement is a part of or associated with a 2563 governmental entity, when such is not true. 2564 (b) Representing, implying, or otherwise reasonably causing 2565 confusion that goods, services, an advertisement, or an offer 2566 was disseminated by or has been approved, authorized, or 2567 endorsed, in whole or in part, by a governmental entity, when 2568 such is not true. 2569 (c) Using or employing language, symbols, logos, 2570 representations, statements, titles, names, seals, emblems, 2571 insignia, trade or brand names, business or control tracking 2572 numbers, website or e-mail addresses, or any other term, symbol, 2573 or other content that represents or implies or otherwise 2574 reasonably causes confusion that goods, services, an 2575 advertisement, or an offer is from a governmental entity, when 2576 such is not true. 2577 (d) Failing to provide the disclosures as required in 2578 subsections (5) or (6). 2579 (e) Failing to timely submit to the department written 2580 responses and answers to its inquiries concerning alleged 2581 practices inconsistent with, or in violation of, this section. 2582 Responses or answers may include, but are not limited to, copies 2583 of customer lists, invoices, receipts, or other business 2584 records. 2585 (5) NOTICE REGARDING DOCUMENT AVAILABILITY.— 2586 (a) Any person offering documents that are available free 2587 of charge or at a lesser price from a governmental entity must 2588 provide the notice specified in paragraph (b) on advertisements 2589 as follows: 2590 1. For printed or written advertisements, notice must be in 2591 the same font size, color, style, and visibility as primarily 2592 used elsewhere on the page or envelope and displayed as follows: 2593 a. On the outside front of any mailing envelope used in 2594 disseminating the advertisement. 2595 b. At the top of each printed or written page used in the 2596 advertisement. 2597 2. For electronic advertisements, notice must be in the 2598 same font size, color, style, and visibility as the body text 2599 primarily used in the e-mail or web page and displayed as 2600 follows: 2601 a. At the beginning of each e-mail message, before any 2602 offer or other substantive information. 2603 b. In a prominent location on each web page, such as the 2604 top of each page or immediately following the offer or other 2605 substantive information on the page. 2606 (b) Advertisements specified in paragraph (a) must include 2607 the following disclosure: 2608 2609 “IMPORTANT NOTICE: 2610 2611 The documents offered by this advertisement are available to 2612 Florida consumers free of charge or for a lesser price from 2613 ...(insert name, telephone number, and mailing address of the 2614 applicable governmental entity).... You are NOT required to 2615 purchase anything from this company and the company is NOT 2616 affiliated, endorsed, or approved by any governmental entity. 2617 The item offered in this advertisement has NOT been approved or 2618 endorsed by any governmental agency, and this offer is NOT being 2619 made by an agency of the government.” 2620 2621 (6) NOTICE REGARDING CLAIM OF LEGAL COMPLIANCE.— 2622 (a) Any person disseminating an advertisement that includes 2623 a form or template to be completed by the consumer with the 2624 claim that such form or template will assist the consumer in 2625 complying with a legal filing or record retention requirement 2626 must provide the notice specified in paragraph (b) on 2627 advertisements as follows: 2628 1. For printed or written advertisements, the notice must 2629 be in the same font size, color, style, and visibility as 2630 primarily used elsewhere on the page or envelope and displayed 2631 as follows: 2632 a. On the outside front of any mailing envelope used in 2633 disseminating the advertisement. 2634 b. At the top of each printed or written page used in the 2635 advertisement. 2636 2. For electronic advertisements, the notice must be in the 2637 same font size, color, style, and visibility as the body text 2638 primarily used in the e-mail or web page and displayed as 2639 follows: 2640 a. At the beginning of each e-mail message, before any 2641 offer or other substantive information. 2642 b. In a prominent location on each web page, such as the 2643 top of each page or immediately following the offer or other 2644 substantive information on the page. 2645 (b) Advertisements specified in paragraph (a) must include 2646 the following disclosure: 2647 2648 “IMPORTANT NOTICE: 2649 2650 You are NOT required to purchase anything from this company and 2651 the company is NOT affiliated, endorsed, or approved by any 2652 governmental entity. The item offered in this advertisement has 2653 NOT been approved or endorsed by any governmental agency, and 2654 this offer is NOT being made by an agency of the government.” 2655 2656 (7) PENALTIES.— 2657 (a) Any person substantially affected by a violation of 2658 this section may bring an action in a court of proper 2659 jurisdiction to enforce the provisions of this section. A person 2660 prevailing in a civil action for a violation of this section 2661 shall be awarded costs, including reasonable attorney fees, and 2662 may be awarded punitive damages in addition to actual damages 2663 proven. This provision is in addition to any other remedies 2664 prescribed by law. 2665 (b) The department may bring one or more of the following 2666 for a violation of this section: 2667 1. A civil action in circuit court for: 2668 a. Temporary or permanent injunctive relief to enforce this 2669 section. 2670 b. For printed advertisements and e-mail, a fine of up to 2671 $1,000 for each separately addressed advertisement or message 2672 containing content in violation of paragraphs (4)(a)-(d) 2673 received by or addressed to a state resident. 2674 c. For websites, a fine of up to $5,000 for each day a 2675 website, with content in violation of paragraphs (4)(a)-(d), is 2676 published and made available to the general public. 2677 d. For violations of paragraph (4)(e), a fine of up to 2678 $5,000 for each violation. 2679 e. Recovery of restitution and damages on behalf of persons 2680 substantially affected by a violation of this section. 2681 f. The recovery of court costs and reasonable attorney 2682 fees. 2683 2. An action for an administrative fine in the Class III 2684 category pursuant to s. 570.971 for each act or omission which 2685 constitutes a violation under this section. 2686 (c) The department may terminate any investigation or 2687 action upon agreement by the alleged offender to pay a 2688 stipulated fine, make restitution, pay damages to customers, or 2689 satisfy any other relief authorized by this section. 2690 (d) Any person who violates paragraphs (4)(a)-(d) also 2691 commits an unfair and deceptive trade practice in violation of 2692 part II of chapter 501 and is subject to the penalties and 2693 remedies imposed for such violation. 2694 Section 51. Paragraph (m) of subsection (3) of section 2695 489.105, Florida Statutes, is amended to read: 2696 489.105 Definitions.—As used in this part: 2697 (3) “Contractor” means the person who is qualified for, and 2698 is only responsible for, the project contracted for and means, 2699 except as exempted in this part, the person who, for 2700 compensation, undertakes to, submits a bid to, or does himself 2701 or herself or by others construct, repair, alter, remodel, add 2702 to, demolish, subtract from, or improve any building or 2703 structure, including related improvements to real estate, for 2704 others or for resale to others; and whose job scope is 2705 substantially similar to the job scope described in one of the 2706 paragraphs of this subsection. For the purposes of regulation 2707 under this part, the term “demolish” applies only to demolition 2708 of steel tanks more than 50 feet in height; towers more than 50 2709 feet in height; other structures more than 50 feet in height; 2710 and all buildings or residences. Contractors are subdivided into 2711 two divisions, Division I, consisting of those contractors 2712 defined in paragraphs (a)-(c), and Division II, consisting of 2713 those contractors defined in paragraphs (d)-(q): 2714 (m) “Plumbing contractor” means a contractor whose services 2715 are unlimited in the plumbing trade and includes contracting 2716 business consisting of the execution of contracts requiring the 2717 experience, financial means, knowledge, and skill to install, 2718 maintain, repair, alter, extend, or, if not prohibited by law, 2719 design plumbing. A plumbing contractor may install, maintain, 2720 repair, alter, extend, or, if not prohibited by law, design the 2721 following without obtaining an additional local regulatory 2722 license, certificate, or registration: sanitary drainage or 2723 storm drainage facilities, water and sewer plants and 2724 substations, venting systems, public or private water supply 2725 systems, septic tanks, drainage and supply wells, swimming pool 2726 piping, irrigation systems, and solar heating water systems and 2727 all appurtenances, apparatus, or equipment used in connection 2728 therewith, including boilers and pressure process piping and 2729 including the installation of water, natural gas, liquefied 2730 petroleum gas and related venting, and storm and sanitary sewer 2731 lines. The scope of work of the plumbing contractor also 2732 includes the design, if not prohibited by law, and installation, 2733 maintenance, repair, alteration, or extension of air-piping, 2734 vacuum line piping, oxygen line piping, nitrous oxide piping, 2735 and all related medical gas systems; fire line standpipes and 2736 fire sprinklers if authorized by law; ink and chemical lines; 2737 fuel oil and gasoline piping and tank and pump installation, 2738 except bulk storage plants; and pneumatic control piping 2739 systems, all in a manner that complies with all plans, 2740 specifications, codes, laws, and regulations applicable. The 2741 scope of work of the plumbing contractor applies to private 2742 property and public property, including any excavation work 2743 incidental thereto, and includes the work of the specialty 2744 plumbing contractor. Such contractor shall subcontract, with a 2745 qualified contractor in the field concerned, all other work 2746 incidental to the work but which is specified as being the work 2747 of a trade other than that of a plumbing contractor. This 2748 definition does not limit the scope of work of any specialty 2749 contractor certified pursuant to s. 489.113(6) and does not 2750 require certification or registration under this part as a 2751 category I liquefied petroleum gas dealer, or category V LP gas 2752 installer, as defined in s. 527.01,or specialty installerwho 2753 is licensed under chapter 527 or an authorized employee of a 2754 public natural gas utility or of a private natural gas utility 2755 regulated by the Public Service Commission when disconnecting 2756 and reconnecting water lines in the servicing or replacement of 2757 an existing water heater. A plumbing contractor may perform 2758 drain cleaning and clearing and install or repair rainwater 2759 catchment systems; however, a mandatory licensing requirement is 2760 not established for the performance of these specific services. 2761 Section 52. Subsection (3) of section 527.06, Florida 2762 Statutes, is reenacted to read: 2763 527.06 Rules.— 2764 (3) Rules in substantial conformity with the published 2765 standards of the National Fire Protection Association (NFPA) are 2766 deemed to be in substantial conformity with the generally 2767 accepted standards of safety concerning the same subject matter. 2768 Section 53. This act shall take effect July 1, 2018.