Bill Text: FL S0740 | 2018 | Regular Session | Enrolled
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-Enrolled.html
ENROLLED 2018 Legislature CS for CS for SB 740, 1st Engrossed 2018740er 1 2 An act relating to the Department of Agriculture and 3 Consumer Services; amending s. 193.461, F.S.; 4 specifying the methodology for the assessment of 5 certain structures in horticultural production; 6 specifying, subject to certain conditions, that land 7 classified as agricultural remains classified as such 8 for a specified period if such lands are damaged by 9 certain natural disasters and agricultural production 10 is halted or reduced; providing for retroactive 11 application; creating s. 252.3569, F.S.; providing a 12 legislative finding; establishing a state agricultural 13 response team within the department; specifying the 14 responsibilities of the team in coordination with the 15 Division of Emergency Management; requiring, during 16 emergency and disaster situations, the division to 17 coordinate with the department for specified purposes; 18 amending s. 316.565, F.S.; revising the Governor’s 19 authority, to include agricultural products instead of 20 only perishable food, in declaring an emergency 21 relating to the transport of such products when there 22 is a breakdown in the normal public transportation 23 facilities necessary to move such products; 24 authorizing the Department of Transportation to issue, 25 and specifying that certain law enforcement officers 26 must accept, electronic verification of permits during 27 a declared state of emergency; providing that such 28 permits are valid for up to a specified period, but no 29 longer than the duration of the declared state of 30 emergency or any extension thereof; requiring the 31 Department of Transportation to consult with the 32 Department of Agriculture and Consumer Services and 33 stakeholders in the agricultural industry in 34 implementing emergency transportation assistance for 35 agricultural products; amending s. 379.361, F.S.; 36 transferring authority to issue licenses for oyster 37 harvesting in Apalachicola Bay from the department to 38 the City of Apalachicola; revising the disposition and 39 permitted uses of license proceeds; amending s. 40 487.041, F.S.; deleting obsolete provisions; deleting 41 a requirement that all pesticide registration fees be 42 submitted electronically; amending s. 496.415, F.S.; 43 prohibiting the commingling of funds in connection 44 with the planning, conduct, or execution of any 45 solicitation or charitable or sponsor sales promotion; 46 amending s. 496.418, F.S.; revising recordkeeping and 47 accounting requirements for solicitations of funds; 48 specifying a rebuttable presumption under certain 49 circumstances; amending s. 500.459, F.S.; revising 50 permitting requirements and operating standards for 51 water vending machines; amending s. 501.059, F.S.; 52 revising the term “telephonic sales call” to include 53 voicemail transmissions; defining the term “voicemail 54 transmission”; prohibiting the transmission of 55 voicemails to specified persons who communicate to a 56 telephone solicitor that they would not like to 57 receive certain voicemail solicitations or requests 58 for donations; requiring a solicitor to ensure that if 59 a telephone number is available through a caller 60 identification system, that telephone number must be 61 capable of receiving calls and must connect the 62 original call recipient to the solicitor; revising 63 civil penalties; creating s. 501.6175, F.S.; 64 specifying recordkeeping requirements for commercial 65 telephone sellers; amending s. 501.912, F.S.; revising 66 terms; amending s. 501.913, F.S.; authorizing 67 antifreeze brands to be registered for a specified 68 period; deleting a provision relating to the 69 registration of brands that are no longer in 70 production; specifying a certified report requirement 71 for first-time applications; amending s. 501.917, 72 F.S.; revising department sampling and analysis 73 requirements for antifreeze; specifying that the 74 certificate of analysis is prima facie evidence of the 75 facts stated therein; amending s. 501.92, F.S.; 76 revising when the department may require an antifreeze 77 formula for analysis; amending s. 525.07, F.S.; 78 authorizing the department to seize skimming devices 79 without a warrant; amending s. 526.51, F.S.; revising 80 application requirements and fees for brake fluid 81 brands; deleting a provision relating to the 82 registration of brands that are no longer in 83 production; amending s. 526.53, F.S.; revising 84 department sampling and analysis requirements for 85 brake fluid; specifying that the certificate of 86 analysis is prima facie evidence of the facts stated 87 therein; amending s. 527.01, F.S.; revising terms; 88 amending s. 527.02, F.S.; revising the persons subject 89 to liquefied petroleum business licensing provisions; 90 revising such licensing fees and requirements; 91 revising reporting and fee requirements for certain 92 material changes to license information; deleting a 93 provision authorizing license transfers; amending s. 94 527.0201, F.S.; revising the persons subject to 95 liquefied petroleum qualifier competency examination, 96 registry, supervisory, and employment requirements; 97 revising the expiration of qualifier registrations; 98 revising the persons subject to master qualifier 99 requirements; revising master qualifier application 100 requirements; deleting provisions specifying that a 101 failure to replace master qualifiers within certain 102 periods constitutes grounds for license revocation; 103 deleting a provision relating to facsimile 104 transmission of duplicate licenses; amending s. 105 527.021, F.S.; revising the circumstances under which 106 liquefied petroleum gas bulk delivery vehicles must be 107 registered with the department; amending s. 527.03, 108 F.S.; authorizing certain liquefied petroleum gas 109 registrations to be renewed for 2 or 3 years; deleting 110 certain renewal period requirements; amending s. 111 527.04, F.S.; revising the persons required to provide 112 the department with proof of insurance; revising the 113 required payee for a bond in lieu of such insurance; 114 amending s. 527.0605, F.S.; deleting provisions 115 requiring licensees to submit a site plan and review 116 fee for liquefied petroleum bulk storage container 117 locations; amending s. 527.065, F.S.; revising the 118 circumstances under which a liquefied petroleum gas 119 licensee must notify the department of an accident; 120 amending s. 527.067, F.S.; requiring certain liquefied 121 petroleum gas dealers to provide notice within a 122 specified period before rendering a consumer’s 123 liquefied petroleum gas equipment or system inoperable 124 or discontinuing service; providing an exception; 125 amending ss. 527.10 and 527.21, F.S.; conforming 126 provisions to changes made by the act; amending s. 127 527.22, F.S.; deleting an obsolete provision; amending 128 s. 531.67, F.S.; extending the expiration date of 129 certain provisions relating to permits for 130 commercially operated or tested weights or measures 131 instruments or devices; amending s. 534.47, F.S.; 132 revising and providing definitions; amending s. 133 534.49, F.S.; conforming provisions to changes made by 134 the act; repealing s. 534.50, F.S., relating to 135 reporting and notice requirements for dishonored 136 checks and drafts for payment of livestock purchases; 137 amending s. 534.501, F.S.; providing that delaying or 138 failing to make payment for certain livestock is an 139 unfair and deceptive act; repealing s. 534.51, F.S., 140 relating to the prohibition of the filing of 141 complaints by certain livestock markets; amending s. 142 534.54, F.S.; providing that purchasers who delay or 143 fail to render payment for purchased livestock are 144 liable for certain fees, costs, and expenses; 145 conforming provisions to changes made by the act; 146 amending s. 570.07, F.S.; authorizing the department 147 to waive certain fees during a state of emergency; 148 amending s. 573.111, F.S.; revising the required 149 posting location for the issuance of an agricultural 150 commodity marketing order; amending s. 578.011, F.S.; 151 revising and defining terms; creating s. 578.012, 152 F.S.; providing legislative intent; creating a 153 preemption of local law relating to regulation of 154 seed; amending s. 578.08, F.S.; revising application 155 requirements for the registration of seed dealers; 156 conforming provisions to changes made by the act; 157 specifying that a receipt from the department need not 158 be written to constitute a permit; deleting an 159 exception to registration requirements for certain 160 experiment stations; requiring the payment of fees 161 when packet seed is placed into commerce; amending s. 162 578.09, F.S.; revising labeling requirements for 163 agricultural, vegetable, flower, tree, and shrub 164 seeds; conforming a cross-reference; repealing s. 165 578.091, F.S., relating to labeling of forest tree 166 seed; amending s. 578.10, F.S.; revising exemptions to 167 seed labeling, sale, and solicitation requirements; 168 amending s. 578.11, F.S.; conforming provisions to 169 changes made by the act; making technical changes; 170 amending s. 578.12, F.S.; conforming provisions to 171 changes made by the act; amending s. 578.13, F.S.; 172 conforming provisions to changes made by the act; 173 specifying that it is unlawful to move, handle, or 174 dispose of seeds or tags under a stop-sale notice or 175 order without permission from the department; 176 specifying that it is unlawful to represent seed as 177 certified except under specified conditions or to 178 label seed with a variety name under certain 179 conditions; repealing s. 578.14, F.S., relating to 180 packet vegetable and flower seed; amending s. 578.181, 181 F.S.; revising penalties; amending s. 578.23, F.S.; 182 revising recordkeeping requirements relating to seed 183 labeling; amending s. 578.26, F.S.; conforming 184 provisions to changes made by the act; specifying that 185 certain persons may not commence legal proceedings or 186 make certain claims against a seed dealer before 187 certain findings and recommendations are transmitted 188 by the seed investigation and conciliation council to 189 the complainant and dealer; deleting a requirement 190 that the department transmit such findings and 191 recommendations to complainants and dealers; requiring 192 the department to mail a copy of the council’s 193 procedures to both parties upon receipt of a 194 complaint; amending s. 578.27, F.S.; removing 195 alternate membership from the seed investigation and 196 conciliation council; revising the terms of members of 197 the council; conforming provisions to changes made by 198 the act; revising the purpose of the council; revising 199 the council’s investigatory process; renumbering and 200 amending s. 578.28, F.S.; making a technical change; 201 creating s. 578.29, F.S.; prohibiting certain noxious 202 weed seed from being offered or exposed for sale; 203 amending s. 590.02, F.S.; authorizing the Florida 204 Forest Service to pay certain employees’ initial 205 commercial driver license examination fees; creating 206 s. 817.417, F.S.; providing a short title; defining 207 terms; specifying department duties and 208 responsibilities relating to government impostor and 209 deceptive advertisements; requiring rulemaking by the 210 department; specifying that it is a violation to 211 disseminate certain misleading or confusing 212 advertisements, to make certain misleading or 213 confusing representations, to use content implying or 214 leading to confusion that such content is from a 215 governmental entity when such is not true, to fail to 216 provide certain disclosures, and to fail to provide 217 certain responses and answers to the department; 218 requiring a person offering documents that are 219 available free of charge or at a lesser price from a 220 governmental entity to provide a certain disclosure; 221 providing penalties; amending s. 489.105, F.S.; 222 conforming provisions to changes made by the act; 223 reenacting s. 527.06(3), F.S., relating to published 224 standards of the National Fire Protection Association; 225 providing an effective date. 226 227 Be It Enacted by the Legislature of the State of Florida: 228 229 Section 1. Section 193.461, Florida Statutes, is amended to 230 read: 231 193.461 Agricultural lands; classification and assessment; 232 mandated eradication or quarantine program; natural disasters.— 233 (1) The property appraiser shall, on an annual basis, 234 classify for assessment purposes all lands within the county as 235 either agricultural or nonagricultural. 236 (2) Any landowner whose land is denied agricultural 237 classification by the property appraiser may appeal to the value 238 adjustment board. The property appraiser shall notify the 239 landowner in writing of the denial of agricultural 240 classification on or before July 1 of the year for which the 241 application was filed. The notification shall advise the 242 landowner of his or her right to appeal to the value adjustment 243 board and of the filing deadline. The property appraiser shall 244 have available at his or her office a list by ownership of all 245 applications received showing the acreage, the full valuation 246 under s. 193.011, the valuation of the land under the provisions 247 of this section, and whether or not the classification requested 248 was granted. 249 (3)(a) Lands may not be classified as agricultural lands 250 unless a return is filed on or before March 1 of each year. 251 Before classifying such lands as agricultural lands, the 252 property appraiser may require the taxpayer or the taxpayer’s 253 representative to furnish the property appraiser such 254 information as may reasonably be required to establish that such 255 lands were actually used for a bona fide agricultural purpose. 256 Failure to make timely application by March 1 constitutes a 257 waiver for 1 year of the privilege granted in this section for 258 agricultural assessment. However, an applicant who is qualified 259 to receive an agricultural classification who fails to file an 260 application by March 1 must file an application for the 261 classification with the property appraiser on or before the 25th 262 day after the mailing by the property appraiser of the notice 263 required under s. 194.011(1). Upon receipt of sufficient 264 evidence, as determined by the property appraiser, that 265 demonstrates that the applicant was unable to apply for the 266 classification in a timely manner or that otherwise demonstrates 267 extenuating circumstances that warrant the granting of the 268 classification, the property appraiser may grant the 269 classification. If the applicant files an application for the 270 classification and fails to provide sufficient evidence to the 271 property appraiser as required, the applicant may file, pursuant 272 to s. 194.011(3), a petition with the value adjustment board 273 requesting that the classification be granted. The petition may 274 be filed at any time during the taxable year on or before the 275 25th day following the mailing of the notice by the property 276 appraiser as provided in s. 194.011(1). Notwithstanding s. 277 194.013, the applicant must pay a nonrefundable fee of $15 upon 278 filing the petition. Upon reviewing the petition, if the person 279 is qualified to receive the classification and demonstrates 280 particular extenuating circumstances judged by the value 281 adjustment board to warrant granting the classification, the 282 value adjustment board may grant the classification for the 283 current year. The owner of land that was classified agricultural 284 in the previous year and whose ownership or use has not changed 285 may reapply on a short form as provided by the department. The 286 lessee of property may make original application or reapply 287 using the short form if the lease, or an affidavit executed by 288 the owner, provides that the lessee is empowered to make 289 application for the agricultural classification on behalf of the 290 owner and a copy of the lease or affidavit accompanies the 291 application. A county may, at the request of the property 292 appraiser and by a majority vote of its governing body, waive 293 the requirement that an annual application or statement be made 294 for classification of property within the county after an 295 initial application is made and the classification granted by 296 the property appraiser. Such waiver may be revoked by a majority 297 vote of the governing body of the county. 298 (b) Subject to the restrictions specified in this section, 299 only lands that are used primarily for bona fide agricultural 300 purposes shall be classified agricultural. The term “bona fide 301 agricultural purposes” means good faith commercial agricultural 302 use of the land. 303 1. In determining whether the use of the land for 304 agricultural purposes is bona fide, the following factors may be 305 taken into consideration: 306 a. The length of time the land has been so used. 307 b. Whether the use has been continuous. 308 c. The purchase price paid. 309 d. Size, as it relates to specific agricultural use, but a 310 minimum acreage may not be required for agricultural assessment. 311 e. Whether an indicated effort has been made to care 312 sufficiently and adequately for the land in accordance with 313 accepted commercial agricultural practices, including, without 314 limitation, fertilizing, liming, tilling, mowing, reforesting, 315 and other accepted agricultural practices. 316 f. Whether the land is under lease and, if so, the 317 effective length, terms, and conditions of the lease. 318 g. Such other factors as may become applicable. 319 2. Offering property for sale does not constitute a primary 320 use of land and may not be the basis for denying an agricultural 321 classification if the land continues to be used primarily for 322 bona fide agricultural purposes while it is being offered for 323 sale. 324 (c) The maintenance of a dwelling on part of the lands used 325 for agricultural purposes doesshallnot in itself preclude an 326 agricultural classification. 327 (d) When property receiving an agricultural classification 328 contains a residence under the same ownership, the portion of 329 the property consisting of the residence and curtilage must be 330 assessed separately, pursuant to s. 193.011, to qualify for the 331 assessment limitation set forth in s. 193.155. The remaining 332 property may be classified under the provisions of paragraphs 333 (a) and (b). 334 (e) Notwithstanding the provisions of paragraph (a), land 335 that has received an agricultural classification from the value 336 adjustment board or a court of competent jurisdiction pursuant 337 to this section is entitled to receive such classification in 338 any subsequent year until such agricultural use of the land is 339 abandoned or discontinued, the land is diverted to a 340 nonagricultural use, or the land is reclassified as 341 nonagricultural pursuant to subsection (4). The property 342 appraiser must, no later than January 31 of each year, provide 343 notice to the owner of land that was classified agricultural in 344 the previous year informing the owner of the requirements of 345 this paragraph and requiring the owner to certify that neither 346 the ownership nor the use of the land has changed. The 347 department shall, by administrative rule, prescribe the form of 348 the notice to be used by the property appraiser under this 349 paragraph. If a county has waived the requirement that an annual 350 application or statement be made for classification of property 351 pursuant to paragraph (a), the county may, by a majority vote of 352 its governing body, waive the notice and certification 353 requirements of this paragraph and shall provide the property 354 owner with the same notification provided to owners of land 355 granted an agricultural classification by the property 356 appraiser. Such waiver may be revoked by a majority vote of the 357 county’s governing body. This paragraph does not apply to any 358 property if the agricultural classification of that property is 359 the subject of current litigation. 360 (4) The property appraiser shall reclassify the following 361 lands as nonagricultural: 362 (a) Land diverted from an agricultural to a nonagricultural 363 use. 364 (b) Land no longer being utilized for agricultural 365 purposes. 366 (5) For the purpose of this section, the term “agricultural 367 purposes” includes, but is not limited to, horticulture; 368 floriculture; viticulture; forestry; dairy; livestock; poultry; 369 bee; pisciculture, if the land is used principally for the 370 production of tropical fish; aquaculture, including algaculture; 371 sod farming; and all forms of farm products as defined in s. 372 823.14(3) and farm production. 373 (6)(a) In years in which proper application for 374 agricultural assessment has been made and granted pursuant to 375 this section, the assessment of land shall be based solely on 376 its agricultural use. The property appraiser shall consider the 377 following use factors only: 378 1. The quantity and size of the property; 379 2. The condition of the property; 380 3. The present market value of the property as agricultural 381 land; 382 4. The income produced by the property; 383 5. The productivity of land in its present use; 384 6. The economic merchantability of the agricultural 385 product; and 386 7. Such other agricultural factors as may from time to time 387 become applicable, which are reflective of the standard present 388 practices of agricultural use and production. 389 (b) Notwithstanding any provision relating to annual 390 assessment found in s. 192.042, the property appraiser shall 391 rely on 5-year moving average data when utilizing the income 392 methodology approach in an assessment of property used for 393 agricultural purposes. 394 (c)1. For purposes of the income methodology approach to 395 assessment of property used for agricultural purposes, 396 irrigation systems, including pumps and motors, physically 397 attached to the land shall be considered a part of the average 398 yields per acre and shall have no separately assessable 399 contributory value. 400 2. Litter containment structures located on producing 401 poultry farms and animal waste nutrient containment structures 402 located on producing dairy farms shall be assessed by the 403 methodology described in subparagraph 1. 404 3. Structures or improvements used in horticultural 405 production for frost or freeze protection, which are consistent 406 with the interim measures or best management practices adopted 407 by the Department of Agriculture and Consumer Services pursuant 408 to s. 570.93 or s. 403.067(7)(c), shall be assessed by the 409 methodology described in subparagraph 1. 410 4. Screened enclosed structures used in horticultural 411 production for protection from pests and diseases or to comply 412 with state or federal eradication or compliance agreements shall 413 be assessed by the methodology described in subparagraph 1. 414 (d) In years in which proper application for agricultural 415 assessment has not been made, the land shall be assessed under 416 the provisions of s. 193.011. 417 (7)(a) Lands classified for assessment purposes as 418 agricultural lands which are taken out of production by a state 419 or federal eradication or quarantine program, including the 420 Citrus Health Response Program, shall continue to be classified 421 as agricultural lands for 5 years after the date of execution of 422 a compliance agreement between the landowner and the Department 423 of Agriculture and Consumer Services or a federal agency, as 424 applicable, pursuant to such program or successor programs. 425 Lands under these programs which are converted to fallow or 426 otherwise nonincome-producing uses shall continue to be 427 classified as agricultural lands and shall be assessed at a de 428 minimis value of up to $50 per acre on a single-year assessment 429 methodology while fallow or otherwise used for nonincome 430 producing purposes. Lands under these programs which are 431 replanted in citrus pursuant to the requirements of the 432 compliance agreement shall continue to be classified as 433 agricultural lands and shall be assessed at a de minimis value 434 of up to $50 per acre, on a single-year assessment methodology, 435 during the 5-year term of agreement. However, lands converted to 436 other income-producing agricultural uses permissible under such 437 programs shall be assessed pursuant to this section. Land under 438 a mandated eradication or quarantine program which is diverted 439 from an agricultural to a nonagricultural use shall be assessed 440 under s. 193.011. 441 (b) Lands classified for assessment purposes as 442 agricultural lands that participate in a dispersed water storage 443 program pursuant to a contract with the Department of 444 Environmental Protection or a water management district which 445 requires flooding of land shall continue to be classified as 446 agricultural lands for the duration of the inclusion of the 447 lands in such program or successor programs and shall be 448 assessed as nonproductive agricultural lands. Land that 449 participates in a dispersed water storage program that is 450 diverted from an agricultural to a nonagricultural use shall be 451 assessed under s. 193.011. 452 (c) Lands classified for assessment purposes as 453 agricultural lands which are not being used for agricultural 454 production as a result of a natural disaster for which a state 455 of emergency is declared pursuant to s. 252.36, when such 456 disaster results in the halting of agricultural production, must 457 continue to be classified as agricultural lands for 5 years 458 after termination of the emergency declaration. However, if such 459 lands are diverted from agricultural use to nonagricultural use 460 during or after the 5-year recovery period, such lands must be 461 assessed under s. 193.011. This paragraph applies retroactively 462 to natural disasters that occurred on or after July 1, 2017. 463 Section 2. Section 252.3569, Florida Statutes, is created 464 to read: 465 252.3569 Florida state agricultural response team; 466 emergency response to animal, agricultural, and vector issues. 467 The Legislature finds that the Department of Agriculture and 468 Consumer Services is the lead agency for animal, agricultural, 469 and vector issues in the state. Pursuant to this responsibility, 470 there is established within the Department of Agriculture and 471 Consumer Services a state agricultural response team. 472 (1) The state agricultural response team, in coordination 473 with the division, is responsible for the development, training, 474 and support of county agricultural response teams and other 475 nonemergency support functions. 476 (2) During emergency or disaster situations, as described 477 by the Florida Comprehensive Emergency Management Plan, the 478 division shall coordinate with the Department of Agriculture and 479 Consumer Services for the purposes of: 480 (a) Oversight of the emergency management functions of 481 preparedness, recovery, mitigation, and response with all 482 agencies and organizations that are involved with the state’s 483 response activities to animal, agricultural, and vector issues; 484 and 485 (b) Staffing the Emergency Support Function 17 at the State 486 Emergency Operations Center and staffing, as necessary, at 487 county emergency operations centers. 488 Section 3. Section 316.565, Florida Statutes, is amended to 489 read: 490 316.565 Emergency transportation, agricultural products 491perishable food; establishment of weight loads, etc.— 492 (1) The Governor may declare an emergency to exist when 493 there is a breakdown in the normal public transportation 494 facilities necessary in moving agricultural products, as defined 495 in s. 604.60,perishable food cropsgrown in the state. The 496 Department of Transportation is authorized during such emergency 497 to establish such weight loads for hauling over the highways 498from the fields or packinghouses to the nearest available public499transportation facilityas circumstances demand. The Department 500 of Transportation may issue, and any law enforcement officer 501 authorized to enforce the traffic laws of this state must 502 accept, electronic verification of permits during such an 503 emergency. A permit issued pursuant to this section is valid for 504 up to 60 days; however, the validity of the permit may not 505 exceed the period of the declared state of emergency or any 506 extension thereof. The Department of Transportation shall 507 designate special highway routes, excluding the interstate 508 highway system, to facilitate the trucking and render any other 509 assistance needed to expedite moving the agricultural products 510perishables. 511 (2) It is the intent of the Legislature in this chapter to 512 supersede any existing laws when necessary to protect and save 513 any agricultural productsperishable food cropsgrown in the 514 state and give authority for agencies to provide necessary 515 temporary assistance requested during any such emergency. The 516 department shall consult with the Department of Agriculture and 517 Consumer Services and stakeholders in the agricultural industry 518 in implementing this section. 519 Section 4. Paragraphs (b), (d), and (i) of subsection (5) 520 of section 379.361, Florida Statutes, are amended to read: 521 379.361 Licenses.— 522 (5) APALACHICOLA BAY OYSTER HARVESTING LICENSE.— 523 (b) ANoperson may notshallharvest oysters from the 524 Apalachicola Bay without a valid Apalachicola Bay oyster 525 harvesting license issued by the City of ApalachicolaDepartment526of Agriculture and Consumer Services. This requirement does 527shallnot apply to anyone harvesting noncommercial quantities of 528 oysters in accordance with commission rules, or to any person 529 less than 18 years old. 530 (d) The City of ApalachicolaDepartment of Agriculture and531Consumer Servicesshall collect an annual fee of $100 from state 532 residents and $500 from nonresidents for the issuance of an 533 Apalachicola Bay oyster harvesting license. The license year 534 shall begin on July 1 of each year and end on June 30 of the 535 following year. The license shall be valid only for the 536 licensee. Only bona fide residents of the stateFloridamay 537 obtain a resident license pursuant to this subsection. 538 (i) The proceeds from Apalachicola Bay oyster harvesting 539 license fees shall be deposited by the City of Apalachicola into 540 a trust accountin the General Inspection Trust Fundand, less 541 reasonable administrative costs, mustshallbe used or 542 distributed by the City of ApalachicolaDepartment of543Agriculture and Consumer Servicesfor the following purposes in 544 Apalachicola Bay: 545 1. An Apalachicola Bay oyster shell recycling program 546Relaying and transplanting live oysters. 547 2. Shell planting to construct or rehabilitate oyster bars. 548 3. Education programs for licensed oyster harvesters on 549 oyster biology, aquaculture, boating and water safety, 550 sanitation, resource conservation, small business management, 551 marketing, and other relevant subjects. 552 4. Research directed toward the enhancement of oyster 553 production in the bay and the water management needs of the bay. 554 Section 5. Paragraphs (a), (b), and (i) of subsection (1) 555 of section 487.041, Florida Statutes, are amended to read: 556 487.041 Registration.— 557 (1)(a)Effective January 1, 2009,Each brand of pesticide, 558 as defined in s. 487.021, which is distributed, sold, or offered 559 for sale, except as provided in this section, within this state 560 or delivered for transportation or transported in intrastate 561 commerce or between points within this state through any point 562 outside this state must be registered in the office of the 563 department, and such registration shall be renewed biennially. 564 Emergency exemptions from registration may be authorized in 565 accordance with the rules of the department. The registrant 566 shall file with the department a statement including: 567 1. The name, business mailing address, and street address 568 of the registrant. 569 2. The name of the brand of pesticide. 570 3. An ingredient statement and a complete current copy of 571 the labeling accompanying the brand of pesticide, which must 572 conform to the registration, and a statement of all claims to be 573 made for it, including directions for use and a guaranteed 574 analysis showing the names and percentages by weight of each 575 active ingredient, the total percentage of inert ingredients, 576 and the names and percentages by weight of each “added 577 ingredient.” 578 (b)Effective January 1, 2009,For the purpose of defraying 579 expenses of the department in connection with carrying out the 580 provisions of this part, each registrant shall pay a biennial 581 registration fee for each registered brand of pesticide. The 582 registration of each brand of pesticide shall cover a designated 583 2-year period beginning on January 1 of each odd-numbered year 584 and expiring on December 31 of the following year. 585(i)Effective January 1, 2013, all payments of any586pesticide registration fees, including late fees, shall be587submitted electronically using the department’s Internet website588for registration of pesticide product brands.589 Section 6. Subsection (19) is added to section 496.415, 590 Florida Statutes, to read: 591 496.415 Prohibited acts.—It is unlawful for any person in 592 connection with the planning, conduct, or execution of any 593 solicitation or charitable or sponsor sales promotion to: 594 (19) Commingle charitable contributions with noncharitable 595 funds. 596 Section 7. Section 496.418, Florida Statutes, is amended to 597 read: 598 496.418 Recordkeeping and accountingRecords.— 599 (1) Each charitable organization, sponsor, professional 600 fundraising consultant, and professional solicitor that collects 601 or takes control or possession of contributions made for a 602 charitable purpose must keep records to permit accurate 603 reporting and auditing as required by law, must not commingle 604 contributions with noncharitable funds as specified in s. 605 496.415(19), and must be able to account for the funds. When 606 expenditures are not properly documented and disclosed by 607 records, there exists a rebuttable presumption that the 608 charitable organization, sponsor, professional fundraising 609 consultant, or professional solicitor did not properly expend 610 such funds. Noncharitable funds include any funds that are not 611 used or intended to be used for the operation of the charity or 612 for charitable purposes. 613 (2) Each charitable organization, sponsor, professional 614 fundraising consultant, and professional solicitor must keep for 615 a period of at least 3 years true and accurate records as to its 616 activities in this state which are covered by ss. 496.401 617 496.424. The records must be made available, without subpoena, 618 to the department for inspection and must be furnished no later 619 than 10 working days after requested. 620 Section 8. Paragraph (b) of subsection (3) and paragraph 621 (i) of subsection (5) of section 500.459, Florida Statutes, are 622 amended to read: 623 500.459 Water vending machines.— 624 (3) PERMITTING REQUIREMENTS.— 625 (b) An application for an operating permit must be madein626writingto the department on forms provided by the department 627 and must be accompanied by a fee as provided in subsection (4). 628 The application must state the location of each water vending 629 machine, the source of the water to be vended, the treatment the 630 water will receive prior to being vended, and any other 631 information considered necessary by the department. 632 (5) OPERATING STANDARDS.— 633 (i) The operator shall place on each water vending machine, 634 in a position clearly visible to customers, the following 635 information: the name and address of the operator;the operating636permit number;the fact that the water is obtained from a public 637 water supply; the method of treatment used; the method of 638 postdisinfection used; and a local or toll-free telephone number 639 that may be called for obtaining further information, reporting 640 problems, or making complaints. 641 Section 9. Paragraph (g) of subsection (1) of section 642 501.059, Florida Statutes, is amended, and paragraph (i) is 643 added to that subsection, and subsection (5), paragraph (c) of 644 subsection (8), and subsection (9) of that section are amended, 645 to read: 646 501.059 Telephone solicitation.— 647 (1) As used in this section, the term: 648 (g) “Telephonic sales call” means a telephone call,ortext 649 message, or voicemail transmission to a consumer for the purpose 650 of soliciting a sale of any consumer goods or services, 651 soliciting an extension of credit for consumer goods or 652 services, or obtaining information that will or may be used for 653 the direct solicitation of a sale of consumer goods or services 654 or an extension of credit for such purposes. 655 (i) “Voicemail transmission” means technologies that 656 deliver a voice message directly to a voicemail application, 657 service, or device. 658 (5) A telephone solicitor or other person may not initiate 659 an outbound telephone call,ortext message, or voicemail 660 transmission to a consumer, business, or donor or potential 661 donor who has previously communicated to the telephone solicitor 662 or other person that he or she does not wish to receive an 663 outbound telephone call,ortext message, or voicemail 664 transmission: 665 (a) Made by or on behalf of the seller whose goods or 666 services are being offered; or 667 (b) Made on behalf of a charitable organization for which a 668 charitable contribution is being solicited. 669 (8) 670 (c) It shall be unlawful for any person who makes a 671 telephonic sales call or causes a telephonic sales call to be 672 made to fail to transmit or cause not to be transmitted the 673 originating telephone number and, when made available by the 674 telephone solicitor’s carrier, the name of the telephone 675 solicitor to any caller identification service in use by a 676 recipient of a telephonic sales call. However, it shall not be a 677 violation to substitute, for the name and telephone number used 678 in or billed for making the call, the name of the seller on 679 behalf of which a telephonic sales call is placed and the 680 seller’s customer service telephone number, which is answered 681 during regular business hours. If a telephone number is made 682 available through a caller identification service as a result of 683 a telephonic sales call, the solicitor must ensure that 684 telephone number is capable of receiving telephone calls and 685 must connect the original call recipient, upon calling such 686 number, to the telephone solicitor or to the seller on behalf of 687 which a telephonic sales call was placed. For purposes of this 688 section, the term “caller identification service” means a 689 service that allows a telephone subscriber to have the telephone 690 number and, where available, the name of the calling party 691 transmitted contemporaneously with the telephone call and 692 displayed on a device in or connected to the subscriber’s 693 telephone. 694 (9)(a) The department shall investigate any complaints 695 received concerning violations of this section. If, after 696 investigating a complaint, the department finds that there has 697 been a violation of this section, the department or the 698 Department of Legal Affairs may bring an action to impose a 699 civil penalty and to seek other relief, including injunctive 700 relief, as the court deems appropriate against the telephone 701 solicitor. The civil penalty shall be in the Class IVIII702 category pursuant to s. 570.971 for each violation and shall be 703 deposited in the General Inspection Trust Fund if the action or 704 proceeding was brought by the department, or the Legal Affairs 705 Revolving Trust Fund if the action or proceeding was brought by 706 the Department of Legal Affairs. This civil penalty may be 707 recovered in any action brought under this part by the 708 department, or the department may terminate any investigation or 709 action upon agreement by the person to pay a stipulated civil 710 penalty. The department or the court may waive any civil penalty 711 if the person has previously made full restitution or 712 reimbursement or has paid actual damages to the consumers who 713 have been injured by the violation. 714 (b) The department may, as an alternative to the civil 715 penalties provided in paragraph (a), impose an administrative 716 fine in the Class IIIIcategory pursuant to s. 570.971 for each 717 act or omission that constitutes a violation of this section. An 718 administrative proceeding that could result in the entry of an 719 order imposing an administrative penalty must be conducted 720 pursuant to chapter 120. 721 Section 10. Section 501.6175, Florida Statutes, is created 722 to read: 723 501.6175 Recordkeeping.—A commercial telephone seller shall 724 keep all of the following information for 2 years after the date 725 the information first becomes part of the seller’s business 726 records: 727 (1) The name and telephone number of each consumer 728 contacted by a telephone sales call. 729 (2) All express requests authorizing the telephone 730 solicitor to contact the consumer. 731 (3) Any script, outline, or presentation the applicant 732 requires or suggests a salesperson use when soliciting; sales 733 information or literature to be provided by the commercial 734 telephone seller to a salesperson; and sales information or 735 literature to be provided by the commercial telephone seller to 736 a consumer in connection with any solicitation. 737 738 Within 10 days of an oral or written request by the department, 739 including a written request transmitted by electronic mail, a 740 commercial telephone seller must make the records it keeps 741 pursuant to this section available for inspection and copying by 742 the department during the department’s normal business hours. 743 This section does not limit the department’s ability to inspect 744 and copy material pursuant to any other law. 745 Section 11. Section 501.912, Florida Statutes, is amended 746 to read: 747 501.912 Definitions.—As used in ss. 501.91-501.923: 748 (1) “Antifreeze” means any substance or preparation, 749 including, but not limited to, antifreeze-coolant, antifreeze 750 and summer coolant, or summer coolant, that is sold, 751 distributed, or intended for use: 752 (a) As the cooling liquid, or to be added to the cooling 753 liquid, in the cooling system of internal combustion engines of 754 motor vehicles to prevent freezing of the cooling liquid or to 755 lower its freezing point; or 756 (b) To raise the boiling point of water or for the 757 prevention of engine overheating, whether or not the liquid is 758 used as a year-round cooling system fluid. 759(2)“Antifreeze-coolant,” “antifreeze and summer coolant,”760or “summer coolant” means any substance as defined in subsection761(1) which also is sold, distributed, or intended for raising the762boiling point of water or for the prevention of engine763overheating whether or not used as a year-round cooling system764fluid. Unless otherwise stated, the term “antifreeze” includes765“antifreeze,” “antifreeze-coolant,” “antifreeze and summer766coolant,” and “summer coolant.”767 (2)(3)“Department” means the Department of Agriculture and 768 Consumer Services. 769 (3)(4)“Distribute” means to hold with an intent to sell, 770 offer for sale, sell, barter, or otherwise supply to the 771 consumer. 772 (4)(5)“Package” means a sealed, tamperproof retail 773 package, drum, or other container designed for the sale of 774 antifreeze directly to the consumer or a container from which 775 the antifreeze may be installed directly by the seller into the 776 cooling system. However, this term, butdoes not include 777 shipping containers containing properly labeled inner 778 containers. 779 (5)(6)“Label” means any display of written, printed, or 780 graphic matter on, or attached to, a package or to the outside 781 individual container or wrapper of the package. 782 (6)(7)“Labeling” means the labels and any other written, 783 printed, or graphic matter accompanying a package. 784 Section 12. Section 501.913, Florida Statutes, is amended 785 to read: 786 501.913 Registration.— 787 (1) Each brand of antifreeze to be distributed in this 788 state mustshallbe registered with the department before 789 distribution. The person whose name appears on the label, the 790 manufacturer, or the packager shall make application annually or 791 biennially to the department on forms provided by the 792 department. The registration certificate expiresshall expire12 793 or 24 months after the date of issue, as indicated on the 794 registration certificate. The registrant assumes, by application 795 to register the brand, full responsibility for the registration, 796 quality, and quantity of the product sold, offered, or exposed 797 for sale in this state.If a registered brand is not in798production for distribution in this state and to ensure any799remaining product that is still available for sale in the state800is properly registered, the registrant must submit a notarized801affidavit on company letterhead to the department certifying802that:803(a)The stated brand is no longer in production;804(b)The stated brand will not be distributed in this state;805and806(c)All existing product of the stated brand will be807removed by the registrant from the state within 30 days after808expiration of the registration or the registrant will reregister809the brand for two subsequent registration periods.810 811If production resumes, the brand must be reregistered before it812is distributed in this state.813 (2) The completed application shall be accompanied by: 814 (a) Specimens or copiesfacsimilesof the label for each 815 brand of antifreeze; 816 (b) An application fee of $200 for a 12-month registration 817 or $400 for a 24-month registration for each brand of 818 antifreeze; and 819 (c) For first-time applications, a certified report from an 820 independent testing laboratory, dated no more than 6 months 821 before the registration application, providing analysis showing 822 that the antifreeze conforms to minimum standards required for 823 antifreeze by this part or rules of the department and is not 824 adulteratedA properly labeled sample of between 1 and 2 gallons825for each brand of antifreeze. 826 (3) The department may analyze or inspect the antifreeze to 827 ensure that it: 828 (a) Meets the labeling claims; 829 (b) Conforms to minimum standards required for antifreeze 830 by this partchapteror rules of the department; and 831 (c) Is not adulterated as prescribed for antifreeze by this 832 partchapter. 833 (4)(a) If the registration requirements are met, and, if 834 the antifreeze meets the minimum standards, is not adulterated, 835 and meets the labeling claims, the department shall issue a 836 certificate of registration authorizing the distribution of that 837 antifreeze in the state for the permit periodyear. 838 (b) If registration requirements are not met, or, if the 839 antifreeze fails to meet the minimum standards, is adulterated, 840 or fails to meet the labeling claims, the department shall 841 refuse to register the antifreeze. 842 Section 13. Section 501.917, Florida Statutes, is amended 843 to read: 844 501.917 Inspection by department; sampling and analysis. 845 The department hasshall havethe right to have access at 846 reasonable hours to all places and property where antifreeze is 847 stored, distributed, or offered or intended to be offered for 848 sale, including the right to inspect and examine all antifreeze 849 and to take reasonable samples of antifreeze for analysis 850 together with specimens of labeling. Collected samples must be 851 analyzed by the department. The certificate of analysis by the 852 department shall be prima facie evidence of the facts stated 853 therein in any legal proceeding in this stateAll samples taken854shall be properly sealed and sent to a laboratory designated by855the department for examination together with all labeling856pertaining to such samples. It shall be the duty of said857laboratory to examine promptly all samples received in858connection with the administration and enforcement of this act. 859 Section 14. Section 501.92, Florida Statutes, is amended to 860 read: 861 501.92 Formula may be required.—The department may, if 862 required for the analysis of antifreeze bythe laboratory863designated bythe departmentfor the purpose of registration, 864 require the applicant to furnish a statement of the formula of 865 such antifreeze, unless the applicant can furnish other 866 satisfactory evidence that such antifreeze is not adulterated or 867 misbranded. Such statement need not include inhibitor or other 868 minor ingredients which total less than 5 percent by weight of 869 the antifreeze; and, if over 5 percent, the composition of the 870 inhibitor and such other ingredients may be given in generic 871 terms. 872 Section 15. Paragraph (e) of subsection (10) of section 873 525.07, Florida Statutes, is redesignated as paragraph (f), and 874 a new paragraph (e) is added to that subsection, to read: 875 525.07 Powers and duties of department; inspections; 876 unlawful acts.— 877 (10) 878 (e) The department may seize without warrant any skimming 879 device, as defined in s. 817.625, for use as evidence. 880 Section 16. Subsection (1) of section 526.51, Florida 881 Statutes, is amended to read: 882 526.51 Registration; renewal and fees; departmental 883 expenses; cancellation or refusal to issue or renew.— 884 (1)(a) Application for registration of each brand of brake 885 fluid shall be made on forms supplied by the department. The 886 applicant shall give his or her name and address and the brand 887 name of the brake fluid, state that he or she owns the brand 888 name and has complete control over the product sold thereunder 889 in this state, and provide the name and address of the resident 890 agent in this state. If the applicant does not own the brand 891 name but wishes to register the product with the department, a 892 notarized affidavit that gives the applicant full authorization 893 to register the brand name and that is signed by the owner of 894 the brand name must accompany the application for registration. 895 The affidavit must include all affected brand names, the owner’s 896 company or corporate name and address, the applicant’s company 897 or corporate name and address, and a statement from the owner 898 authorizing the applicant to register the product with the 899 department. The owner of the brand name shall maintain complete 900 control over each product sold under that brand name in this 901 state. 902 (b) The completed application must be accompanied by the 903 following: 904 1. Specimens or copies of the label for each brand of brake 905 fluid. 906 2. An application fee of $50 for a 12-month registration or 907 $100 for a 24-month registration for each brand of brake fluid. 908 3. ForAllfirst-time applications for a brand and formula 909 combination,must be accompanied bya certified report from an 910 independent testing laboratory, dated no more than 6 months 911 before the registration application, setting forth the analysis 912 of the brake fluid which shows its quality to be not less than 913 the specifications established by the department for brake 914 fluids.A sample of not less than 24 fluid ounces of brake fluid915shall be submitted, in a container with a label printed in the916same manner that it will be labeled when sold, and the sample917and container shall be analyzed and inspected by the department918in order that compliance with the department’s specifications919and labeling requirements may be verified.920 921 Upon approval of the application, the department shall register 922 the brand name of the brake fluid and issue to the applicant a 923 permit authorizing the registrant to sell the brake fluid in 924 this state. The registration certificate expiresshall expire12 925 or 24 months after the date of issue, as indicated on the 926 registration certificate. 927 (c)(b)Each applicant shall pay a fee of $100 with each928application.A permit may be renewed by application to the 929 department, accompanied by a renewal fee of $50 for a 12-month 930 registration, or $100 for a 24-month registration, on or before 931 the expiration of the previously issued permit. To reregister a 932 previously registered brand and formula combination, an 933 applicant must submit a completed application and all materials 934 as required in this section to the department before the 935 expiration of the previously issued permit. A brand and formula 936 combination for which a completed application and all materials 937 required in this section are not received before the expiration 938 of the previously issued permit may not be registered with the 939 department until a completed application and all materials 940 required in this section have been received and approved. If the 941 brand and formula combination was previously registered with the 942 department and a fee, application, or materials required in this 943 section are received after the expiration of the previously 944 issued permit, a penalty of $25 accrues, which shall be added to 945 the fee. Renewals shall be accepted only on brake fluids that 946 have no change in formula, composition, or brand name. Any 947 change in formula, composition, or brand name of a brake fluid 948 constitutes a new product that must be registered in accordance 949 with this part. 950(c)If a registered brand and formula combination is no951longer in production for distribution in this state, in order to952ensure that any remaining product still available for sale in953this state is properly registered, the registrant must submit a954notarized affidavit on company letterhead to the department955certifying that:9561.The stated brand and formula combination is no longer in957production;9582.The stated brand and formula combination will not be959distributed in this state; and9603.Either all existing product of the stated brand and961formula combination will be removed by the registrant from the962state within 30 days after the expiration of the registration or963that the registrant will reregister the brand and formula964combination for 2 subsequent years.965 966If production resumes, the brand and formula combination must be967reregistered before it is again distributed in this state.968 Section 17. Subsection (1) of section 526.53, Florida 969 Statutes, is amended to read: 970 526.53 Enforcement; inspection and analysis, stop-sale and 971 disposition, regulations.— 972 (1) The department shall enforcethe provisions ofthis 973 part through the department, and may sample, inspect, analyze, 974 and test any brake fluid manufactured, packed, or sold within 975 this state. Collected samples must be analyzed by the 976 department. The certificate of analysis by the department shall 977 be prima facie evidence of the facts stated therein in any legal 978 proceeding in this state. The department hasshall havefree 979 access during business hours to all premises, buildings, 980 vehicles, cars, or vessels used in the manufacture, packing, 981 storage, sale, or transportation of brake fluid, and may open 982 any box, carton, parcel, or container of brake fluid and take 983 samples for inspection and analysis or for evidence. 984 Section 18. Section 527.01, Florida Statutes, is amended to 985 read: 986 527.01 Definitions.—As used in this chapter: 987 (1) “Liquefied petroleum gas” means any material which is 988 composed predominantly of any of the following hydrocarbons, or 989 mixtures of the same: propane, propylene, butanes (normal butane 990 or isobutane), and butylenes. 991 (2) “Person” means any individual, firm, partnership, 992 corporation, company, association, organization, or cooperative. 993 (3) “UltimateConsumer” means the person last purchasing 994 liquefied petroleum gas in its liquid or vapor state for 995 industrial, commercial, or domestic use. 996 (4) “Department” means the Department of Agriculture and 997 Consumer Services. 998 (5) “Qualifier” means any person who has passed a 999 competency examination administered by the department and is 1000 employed by a licensed category I, category II, or category V 1001 business.in one or more of the following classifications:1002(a)Category I liquefied petroleum gas dealer.1003(b)Category II liquefied petroleum gas dispenser.1004(c)LP gas installer.1005(d)Specialty installer.1006(e)Requalifier of cylinders.1007(f)Fabricator, repairer, and tester of vehicles and cargo1008tanks.1009(g)Category IV liquefied petroleum gas dispensing unit1010operator and recreational vehicle servicer.1011(h)Category V liquefied petroleum gases dealer for1012industrial uses only.1013 (6) “Category I liquefied petroleum gas dealer” means any 1014 person selling or offering to sell by delivery or at a 1015 stationary location any liquefied petroleum gas to theultimate1016 consumer for industrial, commercial, or domestic use; any person 1017 leasing or offering to lease, or exchanging or offering to 1018 exchange, any apparatus, appliances, and equipment for the use 1019 of liquefied petroleum gas; any person installing, servicing, 1020 altering, or modifying apparatus, piping, tubing, appliances, 1021 and equipment for the use of liquefied petroleum or natural gas; 1022 any person installing carburetion equipment; or any person 1023 requalifying cylinders. 1024 (7) “Category II liquefied petroleum gas dispenser” means 1025 any person engaging in the business of operating a liquefied 1026 petroleum gas dispensing unit for the purpose of serving liquid 1027 products to theultimateconsumer for industrial, commercial, or 1028 domestic use, and selling or offering to sell, or leasing or 1029 offering to lease, apparatus, appliances, and equipment for the 1030 use of liquefied petroleum gas, including maintaining a cylinder 1031 storage rack at the licensed business location for the purpose 1032 of storing cylinders filled by the licensed business for sale or 1033 use at a later date. 1034 (8) “Category III liquefied petroleum gas cylinder exchange 1035 operator” means any person operating a storage facility used for 1036 the purpose of storing filled propane cylinders of not more than 1037 43.5 pounds propane capacity or 104 pounds water capacity, while 1038 awaiting sale to theultimateconsumer, or a facility used for 1039 the storage of empty or filled containers which have been 1040 offered for exchange. 1041 (9) “Category IV dealer in appliances and equipment 1042liquefied petroleum gas dispenser and recreational vehicle1043servicer” means any person selling or offering to sell, or 1044 leasing or offering to lease, apparatus, appliances, and 1045 equipment for the use of liquefied petroleum gasengaging in the1046business of operating a liquefied petroleum gas dispensing unit1047for the purpose of serving liquid product to the ultimate1048consumer for industrial, commercial, or domestic use, and1049selling or offering to sell, or leasing or offering to lease,1050apparatus, appliances, and equipment for the use of liquefied1051petroleum gas, and whose services include the installation,1052service, or repair of recreational vehicle liquefied petroleum1053gas appliances and equipment. 1054 (10) “Category V LP gas installer” means any person who is 1055 engaged in the liquefied petroleum gas business and whose 1056 services include the installation, servicing, altering, or 1057 modifying of apparatus, piping, tubing, tanks, and equipment for 1058 the use of liquefied petroleum or natural gas and selling or 1059 offering to sell, or leasing or offering to lease, apparatus, 1060 appliances, and equipment for the use of liquefied petroleum or 1061 natural gas. 1062 (11) “Category VI miscellaneous operator” means any person 1063 who is engaged in operation as a manufacturer of LP gas 1064 appliances and equipment; a fabricator, repairer, and tester of 1065 vehicles and cargo tanks; a requalifier of LP gas cylinders; or 1066 a pipeline system operatorSpecialty installer” means any person1067involved in the installation, service, or repair of liquefied1068petroleum or natural gas appliances and equipment, and selling1069or offering to sell, or leasing or offering to lease, apparatus,1070appliances, and equipment for the use of liquefied petroleum1071gas, whose activities are limited to specific types of1072appliances and equipment as designated by department rule. 1073(12)“Dealer in appliances and equipment for use of1074liquefied petroleum gas” means any person selling or offering to1075sell, or leasing or offering to lease, apparatus, appliances,1076and equipment for the use of liquefied petroleum gas.1077 (12)(13)“Manufacturer of liquefied petroleum gas 1078 appliances and equipment” means any person in this state 1079 manufacturing and offering for sale or selling tanks, cylinders, 1080 or other containers and necessary appurtenances for use in the 1081 storage, transportation, or delivery of such gas to theultimate1082 consumer, or manufacturing and offering for sale or selling 1083 apparatus, appliances, and equipment for the use of liquefied 1084 petroleum gas to theultimateconsumer. 1085 (13)(14)“Wholesaler” means any person, as defined by 1086 subsection (2), selling or offering to sell any liquefied 1087 petroleum gas for industrial, commercial, or domestic use to any 1088 person except theultimateconsumer. 1089 (14)(15)“Requalifier of cylinders” means any person 1090 involved in the retesting, repair, qualifying, or requalifying 1091 of liquefied petroleum gas tanks or cylinders manufactured under 1092 specifications of the United States Department of Transportation 1093or former Interstate Commerce Commission. 1094 (15)(16)“Fabricator, repairer, and tester of vehicles and 1095 cargo tanks” means any person involved in the hydrostatic 1096 testing, fabrication, repair, or requalifying of any motor 1097 vehicles or cargo tanks used for the transportation of liquefied 1098 petroleum gases, when such tanks are permanently attached to or 1099 forming a part of the motor vehicle. 1100(17)“Recreational vehicle” means a motor vehicle designed1101to provide temporary living quarters for recreational, camping,1102or travel use, which has its own propulsion or is mounted on or1103towed by another motor vehicle.1104 (16)(18)“Pipeline system operator” means any person who 1105 owns or operates a liquefied petroleum gas pipeline system that 1106 is used to transmit liquefied petroleum gas from a common source 1107 to theultimatecustomer and that serves 10 or more customers. 1108(19)“Category V liquefied petroleum gases dealer for1109industrial uses only” means any person engaged in the business1110of filling, selling, and transporting liquefied petroleum gas1111containers for use in welding, forklifts, or other industrial1112applications.1113 (17)(20)“License periodyear” means the period 1 to 3 1114 years from the issuance of the licensefrom September 1 through1115the following August 31, or April 1 through the following March111631, depending upon the type of license. 1117 Section 19. Section 527.02, Florida Statutes, is amended to 1118 read: 1119 527.02 License; penalty; fees.— 1120 (1) It is unlawful for any person to engage in this state 1121 in the activities defined in s. 527.01(6) through (11)of a1122pipeline system operator, category I liquefied petroleum gas1123dealer, category II liquefied petroleum gas dispenser, category1124III liquefied petroleum gas cylinder exchange operator, category1125IV liquefied petroleum gas dispenser and recreational vehicle1126servicer, category V liquefied petroleum gas dealer for1127industrial uses only, LP gas installer, specialty installer,1128dealer in liquefied petroleum gas appliances and equipment,1129manufacturer of liquefied petroleum gas appliances and1130equipment, requalifier of cylinders, or fabricator, repairer,1131and tester of vehicles and cargo tankswithout first obtaining 1132 from the department a license to engage in one or more of these 1133 businesses. The sale of liquefied petroleum gas cylinders with a 1134 volume of 10 pounds water capacity or 4.2 pounds liquefied 1135 petroleum gas capacity or less is exempt from the requirements 1136 of this chapter. It is a felony of the third degree, punishable 1137 as provided in s. 775.082, s. 775.083, or s. 775.084, to 1138 intentionally or willfully engage in any of said activities 1139 without first obtaining appropriate licensure from the 1140 department. 1141 (2) Each business location of a person having multiple 1142 locations mustshallbe separately licensed and must meet the 1143 requirements of this section. Such license shall be granted to 1144 any applicant determined by the department to be competent, 1145 qualified, and trustworthy who files with the department a 1146 surety bond, insurance affidavit, or other proof of insurance, 1147 as hereinafter specified, and pays for such license the 1148 following annual licenseoriginal applicationfeefor new1149licenses and annual renewal fees for existing licenses: 1150 1151 License Category LicenseOriginalApplicationFee Per YearRenewalFee 1152 Category I liquefiedpetroleum gasdealer $400$525$4251153 Category II liquefiedpetroleum gasdispenser $4005253751154 Category IIIliquefied petroleumgas cylinderexchange unitoperator $65100651155 Category IVdealer in appliances and equipmentliquefied petroleumgas dispenser andrecreational vehicleservicer $655254001156 Category V LP gas installerliquefiedpetroleum gasesdealer for industrialuses only $2003002001157 Category VI miscellaneous operatorLP gasinstaller $2003002001158Specialtyinstaller3002001159Dealer in appliancesand equipmentfor use of liquefiedpetroleum gas50451160Manufacturer ofliquefied petroleumgas appliances andequipment5253751161Requalifier ofcylinders5253751162Fabricator, repairer,and tester ofvehicles andcargo tanks5253751163 1164 1165 (3)(a)An applicant for an original license who submits an1166application during the last 6 months of the license year may1167have the original license fee reduced by one-half for the 61168month period. This provision applies only to those companies1169applying for an original license and may not be applied to1170licensees who held a license during the previous license year1171and failed to renew the license.The department may refuse to 1172 issue an initial license to an applicant who is under 1173 investigation in any jurisdiction for an action that would 1174 constitute a violation of this chapter until such time as the 1175 investigation is complete. 1176 (b) The department shall waive the initial license fee for 1177 1 year for an honorably discharged veteran of the United States 1178 Armed Forces, the spouse of such a veteran, or a business entity 1179 that has a majority ownership held by such a veteran or spouse 1180 if the department receives an application, in a format 1181 prescribed by the department, within 60 months after the date of 1182 the veteran’s discharge from any branch of the United States 1183 Armed Forces. To qualify for the waiver, a veteran must provide 1184 to the department a copy of his or her DD Form 214, as issued by 1185 the United States Department of Defense or another acceptable 1186 form of identification as specified by the Department of 1187 Veterans’ Affairs; the spouse of a veteran must provide to the 1188 department a copy of the veteran’s DD Form 214, as issued by the 1189 United States Department of Defense, or another acceptable form 1190 of identification as specified by the Department of Veterans’ 1191 Affairs, and a copy of a valid marriage license or certificate 1192 verifying that he or she was lawfully married to the veteran at 1193 the time of discharge; or a business entity must provide to the 1194 department proof that a veteran or the spouse of a veteran holds 1195 a majority ownership in the business, a copy of the veteran’s DD 1196 Form 214, as issued by the United States Department of Defense, 1197 or another acceptable form of identification as specified by the 1198 Department of Veterans’ Affairs, and, if applicable, a copy of a 1199 valid marriage license or certificate verifying that the spouse 1200 of the veteran was lawfully married to the veteran at the time 1201 of discharge. 1202 (4) Any licensee submitting a material change in their 1203 information for licensing, before the date for renewal, must 1204 submit such change to the department in the manner prescribed by 1205 the department, along with a fee in the amount of $10Any person1206applying for a liquefied petroleum gas license as a specialty1207installer, as defined by s. 527.01(11), shall upon application1208to the department identify the specific area of work to be1209performed. Upon completion of all license requirements set forth1210in this chapter, the department shall issue the applicant a1211license specifying the scope of work, as identified by the1212applicant and defined by rule of the department, for which the1213person is authorized. 1214(5)The license fee for a pipeline system operator shall be1215$100 per system owned or operated by the person, not to exceed1216$400 per license year. Such license fee applies only to a1217pipeline system operator who owns or operates a liquefied1218petroleum gas pipeline system that is used to transmit liquefied1219petroleum gas from a common source to the ultimate customer and1220that serves 10 or more customers.1221 (5)(6)The department shall adoptpromulgaterules 1222 specifying acts deemed by the department to demonstrate a lack 1223 of trustworthiness to engage in activities requiring a license 1224 or qualifier identification card under this section. 1225(7)Any license issued by the department may be transferred1226to any person, firm, or corporation for the remainder of the1227current license year upon written request to the department by1228the original licenseholder. Prior to approval of any transfer,1229all licensing requirements of this chapter must be met by the1230transferee. A license transfer fee of $50 shall be charged for1231each such transfer.1232 Section 20. Section 527.0201, Florida Statutes, is amended 1233 to read: 1234 527.0201 Qualifiers; master qualifiers; examinations.— 1235 (1) In addition to the requirements of s. 527.02, any 1236 person applying for a license to engage in category I, category 1237 II, or category Vtheactivitiesof a pipeline system operator,1238category I liquefied petroleum gas dealer, category II liquefied1239petroleum gas dispenser, category IV liquefied petroleum gas1240dispenser and recreational vehicle servicer, category V1241liquefied petroleum gases dealer for industrial uses only, LP1242gas installer, specialty installer, requalifier of cylinders, or1243fabricator, repairer, and tester of vehicles and cargo tanks1244 must prove competency by passing a written examination 1245 administered by the department or its agent with a grade of 70 124675percent or above in each area tested. Each applicant for 1247 examination shall submit a $20 nonrefundable fee. The department 1248 shall by rule specify the general areas of competency to be 1249 covered by each examination and the relative weight to be 1250 assigned in grading each area tested. 1251 (2) Application for examination for competency may be made 1252 by an individual or by an owner, a partner, or any person 1253 employed by the license applicant. Upon successful completion of 1254 the competency examination, the department shall registerissue1255a qualifier identification card tothe examinee. 1256 (a) Qualifier registration automatically expires if 1257identification cards, except those issued to category I1258liquefied petroleum gas dealers and liquefied petroleum gas1259installers, shall remain in effect as long as the individual1260shows to the department proof of active employment in the area1261of examination and all continuing education requirements are1262met. Shouldthe individual terminatesterminateactive 1263 employment in the area of examination for a period exceeding 24 1264 months, or failsfailto provide documentation of continuing 1265 education, the individual’s qualifier status shall automatically1266expire. If the qualifier registrationstatushas expired, the 1267 individual must apply for and successfully complete an 1268 examination by the department in order to reestablish qualifier 1269 status. 1270 (b) Every business organization in license category I, 1271 category II, or category V shall employ at all times a full-time 1272 qualifier who has successfully completed an examination in the 1273 corresponding category of the license held by the business 1274 organization. A person may not act as a qualifier for more than 1275 one licensed location. 1276 (3) Qualifier registration expirescards issued to category1277I liquefied petroleum gas dealers and liquefied petroleum gas1278installers shall expire3 years after the date of issuance.All1279category I liquefied petroleum gas dealer qualifiers and1280liquefied petroleum gas installer qualifiers holding a valid1281qualifier card upon the effective date of this act shall retain1282their qualifier status until July 1, 2003, and may sit for the1283master qualifier examination at any time during that time1284period.All suchcategory I liquefied petroleum gas dealer1285qualifiers and liquefied petroleum gas installerqualifiers may 1286 renew their qualificationon or before July 1, 2003,upon 1287 application to the department, payment of a $20 renewal fee, and 1288 documentation of the completion of a minimum of 16 hours of 1289 approved continuing education courses, as defined by department 1290 rule, during the previous 3-year period. Applications for 1291 renewal must be made 30 calendar days before expiration. Persons 1292 failing to renew before the expiration date must reapply and 1293 take a qualifier competency examination in order to reestablish 1294category I liquefied petroleum gas dealer qualifier and1295liquefied petroleum gas installerqualifier status.If a1296category I liquefied petroleum gas qualifier or liquefied1297petroleum gas installer qualifier becomes a master qualifier at1298any time during the effective date of the qualifier card, the1299card shall remain in effect until expiration of the master1300qualifier certification.1301 (4) A qualifier for a businessorganization involved in1302installation, repair, maintenance, or service of liquefied1303petroleum gas appliances, equipment, or systemsmust actually 1304 function in a supervisory capacity of other company employees 1305 performing licensed activitiesinstalling, repairing,1306maintaining, or servicing liquefied petroleum gas appliances,1307equipment, or systems. A separate qualifier shall be required 1308 for every 10 such employees.Additional qualifiers are required1309for those business organizations employing more than 101310employees that install, repair, maintain, or service liquefied1311petroleum gas equipment and systems.1312 (5) In addition to all other licensing requirements, each 1313 category I and category V licenseeliquefied petroleum gas1314dealer and liquefied petroleum gas installermust, at the time 1315 of application for licensure, identify to the department one 1316 master qualifier who is a full-time employee at the licensed 1317 location. This person shall be a manager, owner, or otherwise 1318 primarily responsible for overseeing the operations of the 1319 licensed location and must provide documentation to the 1320 department as provided by rule. The master qualifier requirement 1321 shall be in addition to the requirements of subsection (1). 1322 (a) In order to apply for certification as a master 1323 qualifier, each applicant must have been a registeredbe a1324category I liquefied petroleum gas dealer qualifier or liquefied1325petroleum gas installerqualifier for a minimum of 3 years 1326 immediately preceding submission of the application, must be 1327 employed by a licensed category I or category V licensee 1328liquefied petroleum gas dealer, liquefied petroleum gas1329installer, or applicant for such license,must provide1330documentation of a minimum of 1 year’s work experience in the1331gas industry,and must pass a master qualifier competency 1332 examination. Master qualifier examinations shall be based on 1333 Florida’s laws, rules, and adopted codes governing liquefied 1334 petroleum gas safety, general industry safety standards, and 1335 administrative procedures. The applicant must successfully pass 1336 the examination with a grade of 7075percent or above. Each 1337 applicant for master qualifier registrationstatusmust submit 1338 to the department a nonrefundable $30 examination fee before the 1339 examination. 1340 (b) Upon successful completion of the master qualifier 1341 examination, the department shall issue the examinee a 1342certificate ofmaster qualifier registrationstatus which shall1343include the name of the licensed company for which the master1344qualifier is employed. A master qualifier may transfer from one 1345 licenseholder to another upon becoming employed by the company 1346 and providing a written request to the department. 1347 (c) A master qualifier registration expiresstatus shall1348expire3 years after the date of issuanceof the certificateand 1349 may be renewed by submission to the department of documentation 1350 of completion of at least 16 hours of approved continuing 1351 education courses during the 3-year period; proof of employment 1352with a licensed category I liquefied petroleum gas dealer,1353liquefied petroleum gas installer, or applicant; and a $30 1354 certificate renewal fee. The department shall define,by rule,1355 approved courses of continuing education. 1356(d)Each category I liquefied petroleum gas dealer or1357liquefied petroleum gas installer licensed as of August 31,13582000, shall identify to the department one current category I1359liquefied petroleum gas dealer qualifier or liquefied petroleum1360gas installer qualifier who will be the designated master1361qualifier for the licenseholder. Such individual must provide1362proof of employment for 3 years or more within the liquefied1363petroleum gas industry, and shall, upon approval of the1364department, be granted a master qualifier certificate. All other1365requirements with regard to master qualifier certificate1366expiration, renewal, and continuing education shall apply.1367 (6) A vacancy in a qualifier or master qualifier position 1368 in a business organization which results from the departure of 1369 the qualifier or master qualifier shall be immediately reported 1370 to the department by the departing qualifier or master qualifier 1371 and the licensed company. 1372 (a) If a business organization no longer possesses a duly 1373 designated qualifier, as required by this section, its liquefied 1374 petroleum gas licenses shall be suspended by order of the 1375 department after 20 working days. The license shall remain 1376 suspended until a competent qualifier has been employed, the 1377 order of suspension terminated by the department, and the 1378 license reinstated. A vacancy in the qualifier position for a 1379 period of more than 20 working days shall be deemed to 1380 constitute an immediate threat to the public health, safety, and 1381 welfare.Failure to obtain a replacement qualifier within 601382days after the vacancy occurs shall be grounds for revocation of1383licensure or eligibility for licensure.1384 (b) Any category I or category V licenseeliquefied1385petroleum gas dealer or LP gas installerwho no longer possesses 1386 a master qualifier but currently employs acategory I liquefied1387petroleum gas dealer or LP gas installerqualifier as required 1388 by this section,hasshall have60 days within which to replace 1389 the master qualifier. If the company fails to replace the master 1390 qualifier within the 60-daytimeperiod, the license of the 1391 company shall be suspended by order of the department. The 1392 license shall remain suspended until a competent master 1393 qualifier has been employed, the order of suspension has been 1394 terminated by the department, and the license reinstated. 1395Failure to obtain a replacement master qualifier within 90 days1396after the vacancy occurs shall be grounds for revocation of1397licensure or eligibility for licensure.1398 (7) The department may deny, refuse to renew, suspend, or 1399 revoke any qualifiercardor master qualifier registration 1400certificatefor any of the following causes: 1401 (a) Violation of any provision of this chapter or any rule 1402 or order of the department; 1403 (b) Falsification of records relating to the qualifiercard1404 or master qualifier registrationcertificate; or 1405 (c) Failure to meet any of the renewal requirements. 1406 (8) Any individual having competency qualifications on file 1407 with the department may request the transfer of such 1408 qualifications to any existing licenseholder by making a written 1409 request to the department for such transfer. Any individual 1410 having a competency examination on file with the department may 1411 use such examination for a new license application after making 1412 application in writing to the department. All examinations are 1413 confidential and exempt from the provisions of s. 119.07(1). 1414 (9) If a duplicate license, qualifiercard, or master 1415 qualifier registration certificate is requested by the licensee, 1416 a fee of $10 must be received before issuance of the duplicate 1417 license or certificatecard.If a facsimile transmission of an1418original license is requested, upon completion of the1419transmission a fee of $10 must be received by the department1420before the original license may be mailed to the requester.1421 (10) All revenues collected herein shall be deposited in 1422 the General Inspection Trust Fund for the purpose of 1423 administering the provisions of this chapter. 1424 Section 21. Section 527.021, Florida Statutes, is amended 1425 to read: 1426 527.021 Registration of transport vehicles.— 1427 (1) Each liquefied petroleum gas bulk delivery vehicle 1428 owned or leased by a liquefied petroleum gas licensee must be 1429 registered with the department as part of the licensing 1430 application or when placed into serviceannually. 1431 (2) For the purposes of this section, a “liquefied 1432 petroleum gas bulk delivery vehicle” means any vehicle that is 1433 used to transport liquefied petroleum gas on any public street 1434 or highway as liquid cargo in a cargo tank, which tank is 1435 mounted on a conventional truck chassis or is an integral part 1436 of a transporting vehicle in which the tank constitutes, in 1437 whole or in part, the stress member used as a frame and is a 1438 permanent part of the transporting vehicle. 1439 (3)Vehicle registrations shall be submitted by the vehicle1440owner or lessee in conjunction with the annual renewal of his or1441her liquefied petroleum gas license, but no later than August 311442of each year.A dealer who fails to register a vehicle with the 1443 departmentdoes not submit the required vehicle registration by1444August 31 of each yearis subject to the penalties in s. 527.13. 1445 (4) The department shall issue a decal to be placed on each 1446 vehicle that is inspected by the department and found to be in 1447 compliance with applicable codes. 1448 Section 22. Section 527.03, Florida Statutes, is amended to 1449 read: 1450 527.03AnnualRenewal of license.—All licenses required 1451 under this chapter shall be renewed annually, biennially, or 1452 triennially, as elected by the licensee, subject to the license 1453 fees prescribed in s. 527.02. All renewals must meet the same 1454 requirements and conditions as an annual license for each 1455 licensed yearAll licenses, except Category III Liquefied1456Petroleum Gas Cylinder Exchange Unit Operator licenses and1457Dealer in Appliances and Equipment for Use of Liquefied1458Petroleum Gas licenses, shall be renewed for the period1459beginning September 1 and shall expire on the following August146031 unless sooner suspended, revoked, or otherwise terminated.1461Category III Liquefied Petroleum Gas Cylinder Exchange Unit1462Operator licenses and Dealer in Appliances and Equipment for Use1463of Liquefied Petroleum Gas licenses shall be renewed for the1464period beginning April 1 and shall expire on the following March146531 unless sooner suspended, revoked, or otherwise terminated. 1466 Any license allowed to expire willshallbecome inoperative 1467 because of failure to renew. The fee for restoration of a 1468 license is equal to the original license fee and must be paid 1469 before the licensee may resume operations. 1470 Section 23. Section 527.04, Florida Statutes, is amended to 1471 read: 1472 527.04 Proof of insurance required.— 1473 (1) Before any license is issued, except to a category IV 1474 dealer in appliances and equipmentfor use of liquefied1475petroleum gasor a category III liquefied petroleum gas cylinder 1476 exchange operator, the applicant must deliver to the department 1477 satisfactory evidence that the applicant is covered by a primary 1478 policy of bodily injury liability and property damage liability 1479 insurance that covers the products and operations with respect 1480 to such business and is issued by an insurer authorized to do 1481 business in this state for an amount not less than $1 million 1482 and that the premium on such insurance is paid. An insurance 1483 certificate, affidavit, or other satisfactory evidence of 1484 acceptable insurance coverage shall be accepted as proof of 1485 insurance. In lieu of an insurance policy, the applicant may 1486 deliver a good and sufficient bond in the amount of $1 million, 1487 payable to the Commissioner of AgricultureGovernor of Florida, 1488 with the applicant as principal and a surety company authorized 1489 to do business in this state as surety. The bond must be 1490 conditioned upon the applicant’s compliance with this chapter 1491 and the rules of the department with respect to the conduct of 1492 such business and shall indemnify and hold harmless all persons 1493 from loss or damage by reason of the applicant’s failure to 1494 comply. However, the aggregated liability of the surety may not 1495 exceed $1 million. If the insurance policy is canceled or 1496 otherwise terminated or the bond becomes insufficient, the 1497 department may require new proof of insurance or a new bond to 1498 be filed, and if the licenseholder fails to comply, the 1499 department shall cancel the license issued and give the 1500 licenseholder written notice that it is unlawful to engage in 1501 business without a license. A new bond is not required as long 1502 as the original bond remains sufficient and in force. If the 1503 licenseholder’s insurance coverage as required by this 1504 subsection is canceled or otherwise terminated, the insurer must 1505 notify the department within 30 days after the cancellation or 1506 termination. 1507 (2) Before any license is issued to a categoryclassIII 1508 liquefied petroleum gas cylinder exchange operator, the 1509 applicant must deliver to the department satisfactory evidence 1510 that the applicant is covered by a primary policy of bodily 1511 injury liability and property damage liability insurance that 1512 covers the products and operations with respect to the business 1513 and is issued by an insurer authorized to do business in this 1514 state for an amount not less than $300,000 and that the premium 1515 on the insurance is paid. An insurance certificate, affidavit, 1516 or other satisfactory evidence of acceptable insurance coverage 1517 shall be accepted as proof of insurance. In lieu of an insurance 1518 policy, the applicant may deliver a good and sufficient bond in 1519 the amount of $300,000, payable to the Commissioner of 1520 AgricultureGovernor, with the applicant as principal and a 1521 surety company authorized to do business in this state as 1522 surety. The bond must be conditioned upon the applicant’s 1523 compliance with this chapter and the rules of the department 1524 with respect to the conduct of such business and must indemnify 1525 and hold harmless all persons from loss or damage by reason of 1526 the applicant’s failure to comply. However, the aggregated 1527 liability of the surety may not exceed $300,000. If the 1528 insurance policy is canceled or otherwise terminated or the bond 1529 becomes insufficient, the department may require new proof of 1530 insurance or a new bond to be filed, and if the licenseholder 1531 fails to comply, the department shall cancel the license issued 1532 and give the licenseholder written notice that it is unlawful to 1533 engage in business without a license. A new bond is not required 1534 as long as the original bond remains sufficient and in force. If 1535 the licenseholder’s insurance coverage required by this 1536 subsection is canceled or otherwise terminated, the insurer must 1537 notify the department within 30 days after the cancellation or 1538 termination. 1539 (3) Any person having a cause of action on the bond may 1540 bring suit against the principal and surety, and a copy of such 1541 bond duly certified by the department shall be received in 1542 evidence in the courts of this state without further proof. The 1543 department shall furnish a certified copy of thesuchbond upon 1544 payment to it of its lawful fee for making and certifying such 1545 copy. 1546 Section 24. Section 527.0605, Florida Statutes, is amended 1547 to read: 1548 527.0605 Liquefied petroleum gas bulk storage locations; 1549 jurisdiction.— 1550 (1) The provisions of this chaptershallapply to liquefied 1551 petroleum gas bulk storage locations when: 1552 (a) A single container in the bulk storage location has a 1553 capacity of 2,000 gallons or more; 1554 (b) The aggregate container capacity of the bulk storage 1555 location is 4,000 gallons or more; or 1556 (c) A container or containers are installed for the purpose 1557 of serving the public the liquid product. 1558(2)Prior to the installation of any bulk storage1559container, the licensee must submit to the department a site1560plan of the facility which shows the proposed location of the1561container and must obtain written approval of such location from1562the department.1563(3)A fee of $200 shall be assessed for each site plan1564reviewed by the division. The review shall include1565preconstruction inspection of the proposed site, plan review,1566and final inspection of the completed facility.1567 (2)(4)No newly installed container may be placed in 1568 operation until it has been inspected and approved by the 1569 department. 1570 Section 25. Subsection (1) of section 527.065, Florida 1571 Statutes, is amended to read: 1572 527.065 Notification of accidents; leak calls.— 1573 (1) Immediately upon discovery, all liquefied petroleum gas 1574 licensees shall notify the department of any liquefied petroleum 1575 gas-related accident involving a liquefied petroleum gas 1576 licensee or customer account: 1577 (a) Which caused a death or personal injury requiring 1578 professional medical treatment; 1579 (b) Where uncontrolled ignition of liquefied petroleum gas 1580 resulted in death, personal injury, or property damage exceeding 1581 $3,000$1,000; or 1582 (c) Which caused estimated damage to property exceeding 1583 $3,000$1,000. 1584 Section 26. Subsection (3) is added to section 527.067, 1585 Florida Statutes, to read: 1586 527.067 Responsibilities of persons engaged in servicing 1587 liquefied petroleum gas equipment and systems and consumers, end 1588 users, or owners of liquefied petroleum gas equipment or 1589 systems.— 1590 (3) A category I liquefied petroleum gas dealer may not 1591 render a consumer’s liquefied petroleum gas equipment or system 1592 inoperable or discontinue service without providing written or 1593 electronic notification to the consumer at least 5 business days 1594 before rendering the liquefied petroleum gas equipment or system 1595 inoperable or discontinuing service. This notification does not 1596 apply in the event of a hazardous condition known to the 1597 category I liquefied petroleum gas dealer. 1598 Section 27. Section 527.10, Florida Statutes, is amended to 1599 read: 1600 527.10 Restriction on use of unsafe container or system.—No 1601 liquefied petroleum gas shall be introduced into or removed from 1602 any container or system in this state that has been identified 1603 by the department or its duly authorized inspectors as not 1604 complying with the rules pertaining to such container or system, 1605 until such violations as specified have been satisfactorily 1606 corrected and authorization for continued service or removal 1607 granted by the department. A statement of violations of the 1608 rules that render such a system unsafe for use shall be 1609 furnished in writing by the department to theultimateconsumer 1610 or dealer in liquefied petroleum gas. 1611 Section 28. Subsections (3) and (17) of section 527.21, 1612 Florida Statutes, are amended to read: 1613 527.21 Definitions relating to Florida Propane Gas 1614 Education, Safety, and Research Act.—As used in ss. 527.20 1615 527.23, the term: 1616 (3) “Dealer” means a business engaged primarily in selling 1617 propane gas and its appliances and equipment to theultimate1618 consumer or to retail propane gas dispensers. 1619 (17) “Wholesaler” or “reseller” means a seller of propane 1620 gas who is not a producer and who does not sell propane gas to 1621 theultimateconsumer. 1622 Section 29. Paragraph (a) of subsection (2) of section 1623 527.22, Florida Statutes, is amended to read: 1624 527.22 Florida Propane Gas Education, Safety, and Research 1625 Council established; membership; duties and responsibilities.— 1626 (2)(a)Within 90 days after the effective date of this act,1627the commissioner shall make a call to qualified industry1628organizations for nominees to the council.The commissioner 1629 shall appoint members of the council from a list of nominees 1630 submitted by qualified industry organizations. The commissioner 1631 may require such reports or documentation as is necessary to 1632 document the nomination process for members of the council. 1633 Qualified industry organizations, in making nominations, and the 1634 commissioner, in making appointments, shall give due regard to 1635 selecting a council that is representative of the industry and 1636 the geographic regions of the state. Other than the public 1637 member, council members must be full-time employees or owners of 1638 propane gas producers or dealers doing business in this state. 1639 Section 30. Section 531.67, Florida Statutes, is amended to 1640 read: 1641 531.67 Expiration of sections.—Sections 531.60, 531.61, 1642 531.62, 531.63, 531.64, 531.65, and 531.66 shall expire July 1, 1643 20252020. 1644 Section 31. Section 534.47, Florida Statutes, is amended to 1645 read: 1646 534.47 Definitions.—As used in ss. 534.48-534.54, the term 1647ss. 534.48-534.53: 1648 (1) “Dealer” means a person, not a market agency, engaged 1649 in the business of buying or selling in commerce livestock 1650 either on his or her own account or as the employee or agent of 1651 a vendor or purchaser. 1652 (2)(1)“Department” means the Department of Agriculture and 1653 Consumer Services. 1654 (3) “Livestock” has the same meaning as in s. 585.01(13). 1655 (4)(2)“Livestock market” means any location in the state 1656 where livestock is assembled and sold at public auction or on a 1657 commission basis during regularly scheduled or special sales. 1658 The term “livestock market” doesshallnot include private farms 1659 or ranches or sales made at livestock shows, fairs, exhibitions, 1660 or special breed association sales. 1661 (5) “Packer” means a person engaged in the business of 1662 buying livestock in commerce for purposes of slaughter, or of 1663 manufacturing or preparing meats or meat food products for sale 1664 or shipment in commerce, or of marketing meats, meat food 1665 products, or livestock products in an unmanufactured form acting 1666 as a wholesaler broker, dealer, or distributor in commerce. 1667 (6) “Purchaser” means a person, partnership, firm, 1668 corporation, or other organization owning, managing, producing, 1669 or dealing in livestock, including, but not limited to, a packer 1670 or dealer, that buys livestock for breeding, feeding, reselling, 1671 slaughter, or other purpose. 1672 (7) “Registered and approved livestock market” means a 1673 livestock market fully registered, bonded, and approved as a 1674 market agency pursuant to the Stockyards Act and governing 1675 regulations of the United States Department of Agriculture Grain 1676 Inspection, Packers and Stockyards Administration. 1677 (8) “Seller” means a person, partnership, firm, 1678 corporation, or other organization owning, managing, producing, 1679 financing, or dealing in livestock, including, but not limited 1680 to, a registered and approved livestock market as consignee or a 1681 dealer, that sells livestock for breeding, feeding, reselling, 1682 slaughter, or other purpose. 1683 (9) “Stockyards Act” means the Packers and Stockyards Act 1684 of 1921, 7 U.S.C. ss. 181–229 and the regulations promulgated 1685 pursuant to that act under 9 C.F.R. part 201. 1686(3)“Buyer” means the party to whom title of livestock1687passes or who is responsible for the purchase price of1688livestock, including, but not limited to, producers, dealers,1689meat packers, or order buyers.1690 Section 32. Section 534.49, Florida Statutes, is amended to 1691 read: 1692 534.49 Livestock drafts; effect.—For the purposes of this 1693 section, a livestock draft given as payment at a livestock 1694 auction market for a livestock purchase shall not be deemed an 1695 express extension of credit to the purchaserbuyerand shall not 1696 defeat the creation of a lien on suchananimal and its carcass, 1697andall products therefrom, and all proceeds thereof, to secure 1698 all or a part of its sales price, as provided in s. 534.54(3)s.1699534.54(4). 1700 Section 33. Section 534.50, Florida Statutes, is repealed. 1701 Section 34. Section 534.501, Florida Statutes, is amended 1702 to read: 1703 534.501Livestock draft;Unlawfultodelay or failure in 1704 payment.—It isshall beunlawful for the purchaser of livestock 1705 to delay or fail in rendering payment for livestock to a seller 1706 of cattle as provided in s. 534.54. A person who violates this 1707 section commits an unfair or deceptive act or practice as 1708 specified in s. 501.204payment of the livestock draft upon1709presentation of said draft at the payor’s bank. Nothing1710contained in this section shall be construed to preclude a1711payor’s right to refuse payment of an unauthorized draft. 1712 Section 35. Section 534.51, Florida Statutes, is repealed. 1713 Section 36. Section 534.54, Florida Statutes, is amended to 1714 read: 1715 534.54 Cattle or hog processors; prompt payment; penalty; 1716 lien.— 1717(1)As used in this section:1718(a)“Livestock” means cattle or hogs.1719(b)“Meat processor” means a person, corporation,1720association, or other legal entity engaged in the business of1721slaughtering cattle or hogs.1722 (1)(2)(a) A purchaser thatmeat processor whopurchases 1723 livestock from a seller, or any person, corporation,1724association, or other legal entity who purchases livestock from1725a seller for slaughter,shall make payment by cash or check for 1726 the purchase price of the livestock and actually deliver the 1727 cash or check to the seller or her or his representative at the 1728 location where the purchaser takes physical possession of the 1729 livestock on the day the transfer of possession occurs or by 1730shallwire transfer of funds on the business day within which 1731 the possession of thesaidlivestock is transferred. However, if 1732 the transfer of possession is accomplished after normal banking 1733 hours,saidpayment shall be made in the mannerhereinprovided 1734 in this subsection nonotlater than the close of the first 1735 business day following thesaidtransfer of possession. In the 1736 case of“grade and yield”selling, the purchaser shall make 1737 payment by wire transfer of funds or by personal or cashier’s 1738 check by registered mail postmarked nonotlater than the close 1739 of the first business day following determination of“grade and 1740 yield.”1741 (b) All instruments issued in payment as required by this 1742 sectionhereundershall be drawn on banking institutions which 1743 are so located as not artificially to delay collection of funds 1744 through the mail or otherwise cause an undue lapse of time in 1745 the clearance process. 1746 (2)(3)In all cases in whichA purchaser ofwho purchases1747 livestock thatfor slaughter from a sellerfails to comply with 1748 subsection (1)make payment for the livestock as required by1749this sectionor artificially delays collection of funds for the 1750 payment of the livestock, the purchasershall be liable to pay 1751 the sellerownerof the livestock, in addition to the price of 1752 the livestock: 1753 (a) Twelve percent damages on the amount of the price. 1754 (b) Interest on the purchase price of the livestock at the 1755 highest legal rate from and after the transfer of possession 1756 until payment is made as required by this section. 1757 (c)AReasonable attorney fees, court costs, and expenses 1758attorney’s feefor the prosecution of collection of the payment. 1759 (3)(4)(a) A seller thatAny person, partnership, firm,1760corporation, or other organization whichsells livestock to a 1761 purchaser shall have a lien on such animal and its carcass, all 1762 products therefrom, and all proceeds thereof to secure all or a 1763 part of its sales price. 1764 (b) The lien provided in this subsection shall be deemed to 1765 have attached and to be perfected upon delivery of the livestock 1766 to the purchaser without further action, and such lien shall 1767 continue in the livestock and its carcass, all products 1768 therefrom, and all proceeds thereof without regard to possession 1769 thereof by the party entitled to such lien without further 1770 perfection. 1771 (c) If the livestock or its carcass or products therefrom 1772 are so commingled with other livestock, carcasses, or products 1773 so that the identity thereof is lost, then the lien granted in 1774 this subsection shall extend to the same effect as if same had 1775 been perfected originally in all such animals, carcasses, and 1776 products with which it has become commingled. However, all liens 1777 so extended under this paragraph to such commingled livestock, 1778 carcasses, and products shall be on a parity with one another, 1779 and, with respect to such commingled carcasses or products upon 1780 which a lien or liens have been so extended under this 1781 paragraph, no such lien shall be enforceable as against any 1782 purchaser without actual knowledge thereof purchasing one or 1783 more of such carcasses or products in the ordinary course of 1784 trade or business from the party having commingled such 1785 carcasses or products or against any subsequent transferee from 1786 such purchaser, but in the event of such sale, such lien shall 1787 instead extend to the proceeds of such sale. 1788 Section 37. Subsection (46) is added to section 570.07, 1789 Florida Statutes, to read: 1790 570.07 Department of Agriculture and Consumer Services; 1791 functions, powers, and duties.—The department shall have and 1792 exercise the following functions, powers, and duties: 1793 (46) During a state of emergency declared pursuant to s. 1794 252.36, to waive fees by emergency order for duplicate copies or 1795 renewal of permits, licenses, certifications, or other similar 1796 types of authorizations during a period specified by the 1797 commissioner. 1798 Section 38. Section 573.111, Florida Statutes, is amended 1799 to read: 1800 573.111 Notice of effective date of marketing order.—Before 1801 the issuance of any marketing order, or any suspension, 1802 amendment, or termination thereof, a notice mustshallbe posted 1803on a public bulletin board to be maintained by the department in1804the Division of Marketing and Development of the department in1805the Nathan Mayo Building, Tallahassee, Leon County, and a copy1806of the notice shall be postedon the department websitethe same1807date that the notice is posted on the bulletin board. ANo1808 marketing order, or any suspension, amendment, or termination 1809 thereof, may notshallbecome effective untilthe termination of1810a period of5 days afterfromthe date of posting and 1811 publication. 1812 Section 39. Section 578.011, Florida Statutes, is amended 1813 to read: 1814 578.011 Definitions; Florida Seed Law.—When used in this 1815 chapter, the term: 1816 (1) “Advertisement” means all representations, other than 1817 those on the label, disseminated in any manner or by any means, 1818 relating to seed within the scope of this law. 1819 (2) “Agricultural seed” includes the seed of grass, forage, 1820 cereal and fiber crops, and chufas and any other seed commonly 1821 recognized within the state as agricultural seed, lawn seed, and 1822 combinations of such seed, and may include identified noxious 1823 weed seed when the department determines that such seed is being 1824 used as agricultural seedor field seed and mixtures of such1825seed. 1826 (3) “Blend” means seed consisting of more than one variety 1827 of one kind, each present in excess of 5 percent by weight of 1828 the whole. 1829 (4) “Buyer” means a person who purchases agricultural, 1830 vegetable, flower, tree, or shrub seed in packaging of 1,000 1831 seeds or more by count. 1832 (5) “Brand” means a distinguishing word, name, symbol, 1833 number, or design used to identify seed produced, packaged, 1834 advertised, or offered for sale by a particular person. 1835 (6)(3)“Breeder seed” means a class of certified seed 1836 directly controlled by the originating or sponsoring plant 1837 breeding institution or person, or designee thereof, and is the 1838 source for the production of seed of the other classes of 1839 certified seedthat are released directly from the breeder or1840experiment station that develops the seed. These seed are one1841class above foundation seed. 1842 (7)(4)“Certified seed,” means a class of seed which is the 1843 progeny of breeder, foundation, or registered seed“registered1844seed,” and “foundation seed” mean seed that have been produced1845and labeled in accordance with the procedures and in compliance1846with the rules and regulations of any agency authorized by the1847laws of this state or the laws of another state. 1848 (8) “Certifying agency” means: 1849 (a) An agency authorized under the laws of a state, 1850 territory, or possession of the United States to officially 1851 certify seed and which has standards and procedures approved by 1852 the United States Secretary of Agriculture to assure the genetic 1853 purity and identity of the seed certified; or 1854 (b) An agency of a foreign country that the United States 1855 Secretary of Agriculture has determined as adhering to 1856 procedures and standards for seed certification comparable to 1857 those adhered to generally by seed certifying agencies under 1858 paragraph (a). 1859 (9) “Coated seed” means seed that has been covered by a 1860 layer of materials that obscures the original shape and size of 1861 the seed and substantially increases the weight of the product. 1862 The addition of biologicals, pesticides, identifying colorants 1863 or dyes, or other active ingredients including polymers may be 1864 included in this process. 1865 (10)(5)“Date of test” means the month and year the 1866 percentage of germination appearing on the label was obtained by 1867 laboratory test. 1868 (11)(6)“Dealer” means any person who sells or offers for 1869 sale any agricultural, vegetable, flower,or foresttree, or 1870 shrub seed for seeding purposes, and includes farmers who sell 1871 cleaned, processed, packaged, and labeled seed. 1872 (12)(7)“Department” means the Department of Agriculture 1873 and Consumer Services or its authorized representative. 1874 (13)(8)“Dormant seed” refers to viable seed, other than 1875 hard seed, which neither germinate nor decay during the 1876 prescribed test period and under the prescribed test conditions. 1877 (14)(9)“Flower seed” includes seed of herbaceous plants 1878 grown for blooms, ornamental foliage, or other ornamental parts, 1879 and commonly known and sold under the name of flower or 1880 wildflower seed in this state. 1881(10)“Forest tree seed” includes seed of woody plants1882commonly known and sold as forest tree seed.1883 (15) “Foundation seed” means a class of certified seed 1884 which is the progeny of breeder or other foundation seed and is 1885 produced and handled under procedures established by the 1886 certifying agency, in accordance with this part, for producing 1887 foundation seed, for the purpose of maintaining genetic purity 1888 and identity. 1889 (16)(11)“Germination” means the emergence and development 1890 from the seed embryo of those essential structures which, for 1891 the kind of seed in question, are indicative of the ability to 1892 produce a normal plant under favorable conditionspercentage of1893seed capable of producing normal seedlings under ordinarily1894favorable conditions. Broken seedlings and weak, malformed and1895obviously abnormal seedlings shall not be considered to have1896germinated. 1897 (17)(12)“Hard seed” means seeds that remain hard at the 1898 end of a prescribed test period because they have not absorbed 1899 water due to an impermeable seed coatthe percentage of seed1900which because of hardness or impermeability did not absorb1901moisture or germinate under prescribed tests but remain hard1902during the period prescribed for germination of the kind of seed1903concerned. 1904 (18)(13)“Hybrid” means the first generation seed of a 1905 cross produced by controlling the pollination and by combining: 1906 (a) Two or more inbred lines; 1907 (b) One inbred or a single cross with an open-pollinated 1908 variety; or 1909 (c) Two varieties or species, except open-pollinated 1910 varieties of corn (Zea mays). 1911 1912 The second generation or subsequent generations from such 1913 crosses mayshallnot be regarded as hybrids. Hybrid 1914 designations shall be treated as variety names. 1915 (19)(14)“Inert matter” means all matter that is not a full 1916 seedincludes broken seed when one-half in size or less; seed of1917legumes or crucifers with the seed coats removed; undeveloped1918and badly injured weed seed such as sterile dodder which, upon1919visual examination, are clearly incapable of growth; empty1920glumes of grasses; attached sterile glumes of grasses (which1921must be removed from the fertile glumes except in Rhodes grass);1922dirt, stone, chaff, nematode, fungus bodies, and any matter1923other than seed. 1924 (20)(15)“Kind” means one or more related species or 1925 subspecies which singly or collectively is known by one common 1926 name; e.g., corn, beans, lespedeza. 1927 (21) “Label” means the display or displays of written or 1928 printed material upon or attached to a container of seed. 1929 (22)(16)“Labeling” includes all labels and other written, 1930 printed, or graphic representations, in any form, accompanying 1931 and pertaining to any seed, whether in bulk or in containers, 1932 and includes invoices and other bills of shipment when sold in 1933 bulk. 1934 (23)(17)“Lotof seed” means a definite quantity of seed 1935 identified by a lot number or other markidentification, every 1936 portion or bag of which is uniform within recognized tolerances 1937 for the factors that appear in the labeling, for the factors1938which appear in the labeling, within permitted tolerances. 1939 (24)(18)“Mix,” “mixed,” or “mixture” means seed consisting 1940 of more than one kindor variety, each present in excess of 5 1941 percent by weight of the whole. 1942 (25) “Mulch” means a protective covering of any suitable 1943 substance placed with seed which acts to retain sufficient 1944 moisture to support seed germination and sustain early seedling 1945 growth and aid in the prevention of the evaporation of soil 1946 moisture, the control of weeds, and the prevention of erosion. 1947 (26) “Noxious weed seed” means seed in one of two classes 1948 of seed: 1949 (a) “Prohibited noxious weed seed” means the seed of weeds 1950 that are highly destructive and difficult to control by good 1951 cultural practices and the use of herbicides. 1952 (b) “Restricted noxious weed seed” means weed seeds that 1953 are objectionable in agricultural crops, lawns, and gardens of 1954 this state and which can be controlled by good agricultural 1955 practices or the use of herbicides. 1956 (27)(19)“Origin” means the state, District of Columbia, 1957 Puerto Rico, or possession of the United States, or the foreign 1958 country where the seed were grown, except for native species, 1959 where the term means the county or collection zone and the state 1960 where the seed were grownfor forest tree seed, with respect to1961which the term “origin” means the county or state forest service1962seed collection zone and the state where the seed were grown. 1963 (28)(20)“Other crop seed” includes all seed of plants 1964 grown in this state as crops, other than the kind or kind and 1965 variety included in the pure seed, when not more than 5 percent 1966 of the whole of a single kind or variety is present, unless 1967 designated as weed seed. 1968 (29) “Packet seed” means seed prepared for use in home 1969 gardens and household plantings packaged in labeled, sealed 1970 containers of less than 8 ounces and typically sold from seed 1971 racks or displays in retail establishments, via the Internet, or 1972 through mail order. 1973 (30)(21)“Processing” means conditioning, cleaning, 1974 scarifying, or blending to obtain uniform quality and other 1975 operations which would change the purity or germination of the 1976 seed and, therefore, require retesting to determine the quality 1977 of the seed. 1978(22)“Prohibited noxious weed seed” means the seed and1979bulblets of perennial weeds such as not only reproduce by seed1980or bulblets, but also spread by underground roots or stems and1981which, when established, are highly destructive and difficult to1982control in this state by ordinary good cultural practice.1983 (31)(23)“Pure seed” means the seed, exclusive of inert 1984 matter, of the kind or kind and variety of seed declared on the 1985 label or tagincludes all seed of the kind or kind and variety1986or strain under consideration, whether shriveled, cracked, or1987otherwise injured, and pieces of broken seed larger than one1988half the original size. 1989 (32)(24)“Record” includes the symbol identifying the seed 1990 as to origin, amount, processing, testing, labeling, and 1991 distribution,file sample of the seed,and any other document or 1992 instrument pertaining to the purchase, sale, or handling of 1993 agricultural, vegetable, flower,or foresttree, or shrub seed. 1994 Such information includes seed samples and records of 1995 declarations, labels, purchases, sales, conditioning, bulking, 1996 treatment, handling, storage, analyses, tests, and examinations. 1997 (33) “Registered seed” means a class of certified seed 1998 which is the progeny of breeder or foundation seed and is 1999 produced and handled under procedures established by the 2000 certifying agency, in accordance with this part, for the purpose 2001 of maintaining genetic purity and identity. 2002(25)“Restricted noxious weed seed” means the seed of such2003weeds as are very objectionable in fields, lawns, or gardens of2004this state, but can be controlled by good cultural practice.2005Seed of poisonous plants may be included.2006 (34) “Shrub seed” means seed of a woody plant that is 2007 smaller than a tree and has several main stems arising at or 2008 near the ground. 2009 (35)(26)“Stop-sale” means any written or printed notice or 2010 order issued by the department to the owner or custodian of any 2011 lot of agricultural, vegetable, flower,or foresttree, or shrub 2012 seed in the state, directing the owner or custodian not to sell 2013 or offer for sale seed designated by the order within the state 2014 until the requirements of this law are complied with and a 2015 written release has been issued; except that the seed may be 2016 released to be sold for feed. 2017 (36)(27)“Treated” means that the seed has been given an 2018 application of a material or subjected to a process designed to 2019 control or repel disease organisms, insects, or other pests 2020 attacking seed or seedlings grown therefrom to improve its 2021 planting value or to serve any other purpose. 2022 (37) “Tree seed” means seed of a woody perennial plant 2023 typically having a single stem or trunk growing to a 2024 considerable height and bearing lateral branches at some 2025 distance from the ground. 2026 (38)(28)“Type” means a group of varieties so nearly 2027 similar that the individual varieties cannot be clearly 2028 differentiated except under special conditions. 2029 (39)(29)“Variety” means a subdivision of a kind which is 2030 distinct in the sense that the variety can be differentiated by 2031 one or more identifiable morphological, physiological, or other 2032 characteristics from all other varieties of public knowledge; 2033 uniform in the sense that the variations in essential and 2034 distinctive characteristics are describable; and stable in the 2035 sense that the variety will remain unchanged in its essential 2036 and distinctive characteristics and its uniformity when 2037 reproduced or reconstitutedcharacterized by growth, plant2038fruit, seed, or other characteristics by which it can be2039differentiated from other sorts of the same kind; e.g.,2040Whatley’s Prolific corn, Bountiful beans, Kobe lespedeza. 2041 (40)(30)“Vegetable seed” means the seed of those crops 2042 thatwhichare grown in gardens or on truck farms, and are 2043 generally known and sold under the name of vegetable seed or 2044 herb seed in this state. 2045 (41)(31)“Weed seed” includes the seed of all plants 2046 generally recognized as weeds within this state, and includes 2047 prohibited and restricted noxious weed seed, bulblets,and2048 tubers, and any other vegetative propagules. 2049 Section 40. Section 578.012, Florida Statutes, is created 2050 to read: 2051 578.012 Preemption.— 2052 (1) It is the intent of the Legislature to eliminate 2053 duplication of regulation of seed. As such, this chapter is 2054 intended as comprehensive and exclusive and occupies the whole 2055 field of regulation of seed. 2056 (2) The authority to regulate seed or matters relating to 2057 seed in this state is preempted to the state. A local government 2058 or political subdivision of the state may not enact or enforce 2059 an ordinance that regulates seed, including the power to assess 2060 any penalties provided for violation of this chapter. 2061 Section 41. Section 578.08, Florida Statutes, is amended to 2062 read: 2063 578.08 Registrations.— 2064 (1) Every person, except as provided in subsection (4)and2065s. 578.14, before selling, distributing for sale, offering for 2066 sale, exposing for sale, handling for sale, or soliciting orders 2067 for the purchase of any agricultural, vegetable, flower,or2068foresttree, or shrub seed or mixture thereof, shall first 2069 register with the department as a seed dealer. The application 2070 for registration must include the name and location of each 2071 place of business at which the seed is sold, distributed for 2072 sale, offered for sale, exposed for sale, or handled for sale. 2073 The application mustfor registration shallbe filed with the 2074 department by using a form prescribed by the department or by 2075 using the department’s website and shall be accompanied by an 2076 annual registration fee for each such place of business based on 2077 the gross receipts from the sale of such seed for the last 2078 preceding license year as follows: 2079 (a)1. Receipts of less than $500, a fee of $10. 2080 2. Receipts of $500 or more but less than $1,000, a fee of 2081 $25. 2082 3. Receipts of $1,000 or more but less than $2,500, a fee 2083 of $100. 2084 4. Receipts of $2,500 or more but less than $5,000, a fee 2085 of $200. 2086 5. Receipts of $5,000 or more but less than $10,000, a fee 2087 of $350. 2088 6. Receipts of $10,000 or more but less than $20,000, a fee 2089 of $800. 2090 7. Receipts of $20,000 or more but less than $40,000, a fee 2091 of $1,000. 2092 8. Receipts of $40,000 or more but less than $70,000, a fee 2093 of $1,200. 2094 9. Receipts of $70,000 or more but less than $150,000, a 2095 fee of $1,600. 2096 10. Receipts of $150,000 or more but less than $400,000, a 2097 fee of $2,400. 2098 11. Receipts of $400,000 or more, a fee of $4,600. 2099 (b) For places of business not previously in operation, the 2100 fee shall be based on anticipated receipts for the first license 2101 year. 2102 (2) Awrittenreceipt from the department of the 2103 registration and payment of the fee shall constitute a 2104 sufficient permit for the dealer to engage in or continue in the 2105 business of selling, distributing for sale, offering or exposing 2106 for sale, handling for sale, or soliciting orders for the 2107 purchase of any agricultural, vegetable, flower,or foresttree, 2108 or shrub seed within the state. However, the department has 2109shall haveauthority to suspend or revoke any permit for the 2110 violation of any provision of this law or of any rule adopted 2111 under authority hereof. The registration shall expire on June 30 2112 of the next calendar year and shall be renewed on July 1 of each 2113 year. If any person subject to the requirements of this section 2114 fails to comply, the department may issue a stop-sale notice or 2115 order which shall prohibit the person from selling or causing to 2116 be sold any agricultural, vegetable, flower,or foresttree, or 2117 shrub seed until the requirements of this section are met. 2118 (3) Every person selling, distributing for sale, offering 2119 for sale, exposing for sale, handling for sale, or soliciting 2120 orders for the purchase of any agricultural, vegetable, flower, 2121or foresttree, or shrub seed in the state other than as 2122 provided in subsection (4)s. 578.14, shall be subject to the 2123 requirements of this section; except that agricultural2124experiment stations of the State University System shall not be2125subject to the requirements of this section. 2126 (4)The provisions ofThis chapter doesshallnot apply to 2127 farmers who sell only uncleaned, unprocessed, unpackaged, and 2128 unlabeled seed, but shall apply to farmers who sell cleaned, 2129 processed, packaged, and labeled seed in amounts in excess of 2130 $10,000 in any one year. 2131 (5) When packet seed is sold, offered for sale, or exposed 2132 for sale, the company who packs seed for retail sale must 2133 register and pay fees as provided under subsection (1). 2134 Section 42. Section 578.09, Florida Statutes, is amended to 2135 read: 2136 578.09 Label requirements for agricultural, vegetable, 2137 flower, tree, or shrub seeds.—Each container of agricultural, 2138 vegetable,orflower, tree, or shrub seed which is sold, offered 2139 for sale, exposed for sale, or distributed for sale within this 2140 state for sowingor plantingpurposes mustshallbear thereon or 2141 have attached thereto, in a conspicuous place,alabel or labels2142containing all information required under this section,plainly 2143 written or printed label or tag in the English language, in2144Century type. All data pertaining to analysis mustshallappear 2145 on a single label. Language setting forth the requirements for 2146 filing and serving complaints as described in s. 578.26(1)(c) 2147 musts. 578.26(1)(b) shallbe included on the analysis label or 2148 be otherwise attached to the package, except for packages 2149 containing less than 1,000 seeds by count. 2150 (1)FOR TREATED SEED.—For all treated agricultural, 2151 vegetable,orflower, tree, or shrub seedtreatedas defined in 2152 this chapter: 2153 (a) A word or statement indicating that the seed has been 2154 treatedor description of process used. 2155 (b) The commonly accepted coined, chemical, or abbreviated 2156 chemical (generic) name of the applied substance or description 2157 of the process usedand the words “poison treated” in red2158letters, in not less than 1/4-inch type. 2159 (c) If the substance in the amount present with the seed is 2160 harmful to humans or other vertebrate animals, a caution 2161 statement such as “Do not use for food, feed, or oil purposes.” 2162 The caution for mercurials, Environmental Protection Agency 2163 Toxicity Category 1 as referenced in 7 C.F.R. 201.31a(c)(2), and 2164 similarly toxic substances shall be designated by a poison 2165 statement or symbol. 2166(d)Rate of application or statement “Treated at2167manufacturer’s recommended rate.”2168 (d)(e)If the seed is treated with an inoculant, the date 2169 beyond which the inoculant is not to be considered effective 2170 (date of expiration). 2171 2172 A label separate from other labels required by this section or 2173 other law may be used to identify seed treatments as required by 2174 this subsection. 2175 (2) For agricultural seed, including lawn and turf grass 2176 seed and mixtures thereof:AGRICULTURAL SEED.—2177 (a)Commonly acceptedThe name of the kind and variety of 2178 eachagricultural seedcomponent present in excess of 5 percent 2179 of the whole, and the percentage by weight of each in the order 2180 of its predominance. Where more than one component is required 2181 to be named, the word “mixed,” “mixture,” or “blend” mustthe2182word “mixed” shallbe shown conspicuously on the label. Hybrids 2183 must be labeled as hybrids. 2184 (b) Lot number or other lot identification. 2185 (c) Net weight or seed count. 2186 (d) Origin, if known. If the origin is; ifunknown, that 2187 fact mustshallbe stated. 2188 (e) Percentage by weight of all weed seed. 2189 (f)TheName and number of noxious weed seed per pound, if 2190 presentper pound of each kind of restricted noxious weed seed. 2191 (g) Percentage by weight of agricultural seed which may be 2192 designated as other crop seed, other than those required to be 2193 named on the label. 2194 (h) Percentage by weight of inert matter. 2195 (i) For each named agricultural seed, including lawn and 2196 turf grass seed: 2197 1. Percentage of germination, exclusive of hard or dormant 2198 seed; 2199 2. Percentage of hard or dormant seed, ifwhenpresent, if2200desired; and 2201 3. The calendar month and year the test was completed to 2202 determine such percentages, provided that the germination test 2203 must have been completed within the previous 9 months, exclusive 2204 of the calendar month of test. 2205 (j) Name and address of the person who labeled said seed or 2206 who sells, distributes, offers, or exposes said seed for sale 2207 within this state. 2208 2209 The sum total of the percentages listed pursuant to paragraphs 2210 (a),(e),(g), and (h) must be equal to 100 percent. 2211 (3) For seed that is coated: 2212 (a) Percentage by weight of pure seed with coating material 2213 removed. The percentage of coating material may be included with 2214 the inert matter percentage or may be listed separately. 2215 (b) Percentage of germination. This percentage must be 2216 determined based on an examination of 400 coated units with or 2217 without seed. 2218 2219 In addition to the requirements of this subsection, labeling of 2220 coated seed must also comply with the requirements of any other 2221 subsection pertaining to that type of seed.FOR VEGETABLE SEED2222IN CONTAINERS OF 8 OUNCES OR MORE.—2223(a)Name of kind and variety of seed.2224(b)Net weight or seed count.2225(c)Lot number or other lot identification.2226(d)Percentage of germination.2227(e)Calendar month and year the test was completed to2228determine such percentages.2229(f)Name and address of the person who labeled said seed or2230who sells, distributes, offers or exposes said seed for sale2231within this state.2232(g)For seed which germinate less than the standard last2233established by the department the words “below standard,” in not2234less than 8-point type, must be printed or written in ink on the2235face of the tag, in addition to the other information required.2236Provided, that no seed marked “below standard” shall be sold2237which falls more than 20 percent below the standard for such2238seed which has been established by the department, as authorized2239by this law.2240(h)The name and number of restricted noxious weed seed per2241pound.2242 (4) For combination mulch, seed, and fertilizer products: 2243 (a) The word “combination” followed, as appropriate, by the 2244 words “mulch - seed – fertilizer” must appear prominently on the 2245 principal display panel of the package. 2246 (b) If the product is an agricultural seed placed in a 2247 germination medium, mat, tape, or other device or is mixed with 2248 mulch or fertilizer, it must also be labeled with all of the 2249 following: 2250 1. Product name. 2251 2. Lot number or other lot identification. 2252 3. Percentage by weight of pure seed of each kind and 2253 variety named which may be less than 5 percent of the whole. 2254 4. Percentage by weight of other crop seed. 2255 5. Percentage by weight of inert matter. 2256 6. Percentage by weight of weed seed. 2257 7. Name and number of noxious weed seeds per pound, if 2258 present. 2259 8. Percentage of germination, and hard or dormant seed if 2260 appropriate, of each kind or kind and variety named. The 2261 germination test must have been completed within the previous 12 2262 months exclusive of the calendar month of test. 2263 9. The calendar month and year the test was completed to 2264 determine such percentages. 2265 10. Name and address of the person who labeled the seed, or 2266 who sells, offers, or exposes the seed for sale within the 2267 state. 2268 2269 The sum total of the percentages listed pursuant to 2270 subparagraphs 3., 4., 5., and 6. must be equal to 100 percent. 2271 (5) For vegetable seed in packets as prepared for use in 2272 home gardens or household plantings or vegetable seeds in 2273 preplanted containers, mats, tapes, or other planting devices: 2274FOR VEGETABLE SEED IN CONTAINERS OF LESS THAN 8 OUNCES.—2275 (a) Name of kind and variety of seed. Hybrids must be 2276 labeled as hybrids. 2277 (b) Lot number or other lot identification. 2278 (c) Germination test date identified in the following 2279 manner: 2280 1. The calendar month and year the germination test was 2281 completed and the statement “Sell by ...(month/year)...”, which 2282 may be no more than 12 months from the date of test, beginning 2283 with the month after the test date; 2284 2. The month and year the germination test was completed, 2285 provided that the germination test must have been completed 2286 within the previous 12 months, exclusive of the calendar month 2287 of test; or 2288 3. The year for which the seed was packaged for sale as 2289 “Packed for ...(year)...” and the statement “Sell by 2290 ...(year)...” which shall be one year after the seed was 2291 packaged for sale. 2292 (d)(b)Name and address of the person who labeled the seed 2293 or who sells,distributes,offers, or exposes said seed for sale 2294 within this state. 2295 (e)(c)For seed which germinate less than standard last 2296 established by the department, the additional information must2297be shown: 2298 1. Percentage of germination, exclusive of hard or dormant 2299 seed. 2300 2. Percentage of hard or dormant seedwhen present, if 2301 presentdesired. 23023.Calendar month and year the test was completed to2303determine such percentages.2304 3.4.The words “Below Standard” prominently displayedin2305not less than 8-point type. 2306 2307 (f)(d)No seed marked “below standard” mayshallbe sold 2308 that fallswhich fallmore than 20 percent below the established 2309 standard for such seed. For seeds that do not have an 2310 established standard, the minimum germination standard shall be 2311 50 percent, and no such seed may be sold that is 20 percent 2312 below this standard. 2313 (g) For seed placed in a germination medium, mat, tape, or 2314 other device in such a way as to make it difficult to determine 2315 the quantity of seed without removing the seeds from the medium, 2316 mat, tape or device, a statement to indicate the minimum number 2317 of seeds in the container. 2318 (6) For vegetable seed in containers, other than packets 2319 prepared for use in home gardens or household plantings, and 2320 other than preplanted containers, mats, tapes, or other planting 2321 devices: 2322 (a) The name of each kind and variety present of any seed 2323 in excess of 5 percent of the total weight in the container, and 2324 the percentage by weight of each type of seed in order of its 2325 predominance. Hybrids must be labeled as hybrids. 2326 (b) Net weight or seed count. 2327 (c) Lot number or other lot identification. 2328 (d) For each named vegetable seed: 2329 1. Percentage germination, exclusive of hard or dormant 2330 seed; 2331 2. Percentage of hard or dormant seed, if present; 2332 3. Listed below the requirements of subparagraphs 1. and 2333 2., the “total germination and hard or dormant seed” may be 2334 stated as such, if desired; and 2335 4. The calendar month and year the test was completed to 2336 determine the percentages specified in subparagraphs 1. and 2., 2337 provided that the germination test must have been completed 2338 within 9 months, exclusive of the calendar month of test. 2339 (e) Name and address of the person who labeled the seed, or 2340 who sells, offers, or exposes the seed for sale within this 2341 state. 2342 (f) For seed which germinate less than the standard last 2343 established by the department, the words “Below Standard” 2344 prominently displayed. 2345 1. No seed marked “Below Standard” may be sold if the seed 2346 is more than 20 percent below the established standard for such 2347 seed. 2348 2. For seeds that do not have an established standard, the 2349 minimum germination standard shall be 50 percent, and no such 2350 seed may be sold that is 20 percent below this standard. 2351 (7)(5)For flower seed in packets prepared for use in home 2352 gardens or household plantings or flower seed in preplanted 2353 containers, mats, tapes, or other planting devices:FOR FLOWER2354SEED IN PACKETS PREPARED FOR USE IN HOME GARDENS OR HOUSEHOLD2355PLANTINGS OR FLOWER SEED IN PREPLANTED CONTAINERS, MATS, TAPES,2356OR OTHER PLANTING DEVICES.—2357 (a) For all kinds of flower seed: 2358 1. The name of the kind and variety or a statement of type 2359 and performance characteristics as prescribed in the rules and 2360 regulations adoptedpromulgatedunder the provisions of this 2361 chapter. 2362 2. Germination test date, identified in the following 2363 manner: 2364 a. The calendar month and year the germination test was 2365 completed and the statement “Sell by_ ...(month/year)...”. The 2366 sell by date must be no more than 12 months from the date of 2367 test, beginning with the month after the test date; 2368 b. The year for which the seed was packed for sale as 2369 “Packed for ...(year)...” and the statement “Sell by 2370 ...(year)...” which shall be for a calendar year; or 2371 c. The calendar month and year the test was completed, 2372 provided that the germination test must have been completed 2373 within the previous 12 months, exclusive of the calendar month 2374 of test. 23752.The calendar month and year the seed was tested or the2376year for which the seed was packaged.2377 3. The name and address of the person who labeled said 2378 seed, or who sells, offers, or exposes said seed for sale within 2379 this state. 2380 (b) For seed of those kinds for which standard testing 2381 procedures are prescribed and which germinate less than the 2382 germination standard last established under the provisions of 2383 this chapter: 2384 1. The percentage of germination exclusive of hard or 2385 dormant seed. 2386 2. Percentage of hard or dormant seed, if present. 2387 3. The words “Below Standard” prominently displayedin not2388less than 8-point type. 2389 (c) For seed placed in a germination medium, mat, tape, or 2390 other device in such a way as to make it difficult to determine 2391 the quantity of seed without removing the seed from the medium, 2392 mat, tape, or device, a statement to indicate the minimum number 2393 of seed in the container. 2394 (8)(6)For flower seed in containers other than packets and 2395 other than preplanted containers, mats, tapes, or other planting 2396 devices and not prepared for use in home flower gardens or 2397 household plantings:FOR FLOWER SEED IN CONTAINERS OTHER THAN2398PACKETS PREPARED FOR USE IN HOME FLOWER GARDENS OR HOUSEHOLD2399PLANTINGS AND OTHER THAN PREPLANTED CONTAINERS, MATS, TAPES, OR2400OTHER PLANTING DEVICES.—2401 (a) The name of the kind and variety, and for wildflowers, 2402 the genus and species and subspecies, if appropriateor a2403statement of type and performance characteristics as prescribed2404in rules and regulations promulgated under the provisions of2405this chapter. 2406 (b) Net weight or seed count. 2407 (c)(b)TheLot number or other lot identification. 2408 (d) For flower seed with a pure seed percentage of less 2409 than 90 percent: 2410 1. Percentage, by weight, of each component listed in order 2411 of its predominance. 2412 2. Percentage by weight of weed seed, if present. 2413 3. Percentage by weight of other crop seed. 2414 4. Percentage by weight of inert matter. 2415 (e) For those kinds of seed for which standard testing 2416 procedures are prescribed: 2417 1. Percentage germination exclusive of hard or dormant 2418 seed. 2419 2. Percentage of hard or dormant seed, if present. 2420 3.(c)The calendar month and year that the test was 2421 completed. The germination test must have been completed within 2422 the previous 9 months, exclusive of the calendar month of test. 2423 (f) For those kinds of seed for which standard testing 2424 procedures are not available, the year of production or 2425 collectionseed were tested or the year for which the seed were2426packaged. 2427 (g)(d)The name and address of the person who labeled said 2428 seed or who sells, offers, or exposes said seed for sale within 2429 this state. 2430(e)For those kinds of seed for which standard testing2431procedures are prescribed:24321.The percentage germination exclusive of hard seed.24332.The percentage of hard seed, if present.2434 (h)(f)Forthoseseedswhich germinate less than the 2435 standard last established by the department, the words “Below 2436 Standard” prominently displayedin not less than 8-point type2437must be printed or written in ink on the face of the tag. 2438 (9) For tree or shrub seed: 2439 (a) Common name of the species of seed and, if appropriate, 2440 subspecies. 2441 (b) The scientific name of the genus, species, and, if 2442 appropriate, subspecies. 2443 (c) Lot number or other lot identification. 2444 (d) Net weight or seed count. 2445 (e) Origin, indicated in the following manner: 2446 1. For seed collected from a predominantly indigenous 2447 stand, the area of collection given by latitude and longitude or 2448 geographic description, or political subdivision, such as state 2449 or county. 2450 2. For seed collected from other than a predominantly 2451 indigenous stand, the area of collection and the origin of the 2452 stand or the statement “Origin not Indigenous”. 2453 3. The elevation or the upper and lower limits of 2454 elevations within which the seed was collected. 2455 (f) Purity as a percentage of pure seed by weight. 2456 (g) For those species for which standard germination 2457 testing procedures are prescribed by the department: 2458 1. Percentage germination exclusive of hard or dormant 2459 seed. 2460 2. Percentage of hard or dormant seed, if present. 2461 3. The calendar month and year test was completed, provided 2462 that the germination test must have been completed within the 2463 previous 12 months, exclusive of the calendar month of test. 2464 (h) In lieu of subparagraphs (g)1., 2., and 3., the seed 2465 may be labeled “Test is in progress; results will be supplied 2466 upon request.” 2467 (i) For those species for which standard germination 2468 testing procedures have not been prescribed by the department, 2469 the calendar year in which the seed was collected. 2470 (j) The name and address of the person who labeled the seed 2471 or who sells, offers, or exposes the seed for sale within this 2472 state. 2473(7)DEPARTMENT TO PRESCRIBE UNIFORM ANALYSIS TAG.—The2474department shall have the authority to prescribe a uniform2475analysis tag required by this section.2476 2477 The information required by this section to be placed on labels 2478 attached to seed containers may not be modified or denied in the 2479 labeling or on another label attached to the container. However, 2480 labeling of seed supplied under a contractual agreement may be 2481 by invoice accompanying the shipment or by an analysis tag 2482 attached to the invoice if each bag or other container is 2483 clearly identified by a lot number displayed on the bag or other 2484 container. Each bag or container that is not so identified must 2485 carry complete labeling. 2486 Section 43. Section 578.091, Florida Statutes, is repealed. 2487 Section 44. Subsections (2) and (3) of section 578.10, 2488 Florida Statutes, are amended to read: 2489 578.10 Exemptions.— 2490 (2) The provisions of ss. 578.09 and 578.13 do not apply 2491 to: 2492 (a)ToSeed or grain not intended for sowing or planting 2493 purposes. 2494 (b)ToSeed storedin storagein, consigned to, or being 2495 transported to seed cleaning or processing establishments for 2496 cleaning or processing only. Any labeling or other 2497 representation which may be made with respect to the unclean 2498 seed isshall besubject to this law. 2499 (c) Seed under development or maintained exclusively for 2500 research purposes. 2501 (3) If seeds cannot be identified by examination thereof, a 2502 person is not subject to the criminal penalties of this chapter 2503 for having sold or offered for sale seeds subject to this 2504 chapter which were incorrectly labeled or represented as to 2505 kind, species, and, if appropriate, subspecies, variety, type, 2506 or origin, elevation, and, if required, year of collection 2507 unless he or she has failed to obtain an invoice, genuine 2508 grower’s or tree seed collector’s declaration, or other labeling 2509 information and to take such other precautions as may be 2510 reasonable to ensure the identity of the seeds to be as stated 2511 by the grower. A genuine grower’s declaration of variety must 2512 affirm that the grower holds records of proof of identity 2513 concerning parent seed, such as invoice and labelsNo person2514shall be subject to the criminal penalties of this law for2515having sold, offered, exposed, or distributed for sale in this2516state any agricultural, vegetable, or forest tree seed which2517were incorrectly labeled or represented as to kind and variety2518or origin, which seed cannot be identified by examination2519thereof, unless she or he has failed to obtain an invoice or2520grower’s declaration giving kind and variety and origin. 2521 Section 45. Section 578.11, Florida Statutes, is amended to 2522 read: 2523 578.11 Duties, authority, and rules of the department.— 2524 (1) The duty of administering this law and enforcing its 2525 provisions and requirements shall be vested in the Department of 2526 Agriculture and Consumer Services, which is hereby authorized to 2527 employ such agents and persons as in its judgment shall be 2528 necessary therefor. It shall be the duty of the department, 2529 which may act through its authorized agents, to sample, inspect, 2530 make analyses of, and test agricultural, vegetable, flower,or2531foresttree, or shrub seed transported, sold, offered or exposed 2532 for sale, or distributed within this state for sowing or 2533 planting purposes, at such time and place and to such extent as 2534 it may deem necessary to determine whether said agricultural, 2535 vegetable, flower,or foresttree, or shrub seed are in 2536 compliance with the provisions of this law, and to notify 2537 promptly the person who transported, distributed, sold, offered 2538 or exposed the seed for sale, of any violation. 2539 (2) The department is authorized to: 2540 (a)ToEnforce this chapteractand prescribe the methods 2541 of sampling, inspecting, testing, and examining agricultural, 2542 vegetable, flower,or foresttree, or shrub seed. 2543 (b)ToEstablish standards and tolerances to be followed in 2544 the administration of this law, which shall be in general accord 2545 with officially prescribed practices in interstate commerce. 2546 (c)ToPrescribe uniform labels. 2547 (d)ToAdopt prohibited and restricted noxious weed seed 2548 lists. 2549 (e)ToPrescribe limitations for each restricted noxious 2550 weed to be used in enforcement of this chapteractand to add or 2551 subtract therefrom from time to time as the need may arise. 2552 (f)ToMake commercial tests of seed and to fix and collect 2553 charges for such tests. 2554 (g)ToList the kinds of flower,and foresttree, and shrub 2555 seed subject to this law. 2556 (h)ToAnalyze samples, as requested by a consumer. The 2557 department shall establish, by rule, a fee schedule for 2558 analyzing samples at the request of a consumer. The fees shall 2559 be sufficient to cover the costs to the department for taking 2560 the samples and performing the analysis, not to exceed $150 per 2561 sample. 2562 (i)ToAdopt rules pursuant to ss. 120.536(1) and 120.54 to 2563 implementthe provisions ofthis chapteract. 2564 (j)ToEstablish, by rule, requirements governing aircraft 2565 used for the aerial application of seed, including requirements 2566 for recordkeeping, annual aircraft registration, secure storage 2567 when not in use, area-of-application information, and reporting 2568 any sale, lease, purchase, rental, or transfer of such aircraft 2569 to another person. 2570 (3) For the purpose of carrying outthe provisions ofthis 2571 law, the department, through its authorized agents, is 2572 authorized to: 2573 (a)ToEnter upon any public or private premises, where 2574 agricultural, vegetable, flower,or foresttree, or shrub seed 2575 is sold, offered, exposed, or distributed for sale during 2576 regular business hours, in order to have access to seed subject 2577 to this law and the rules and regulations hereunder. 2578 (b)ToIssue and enforce a stop-sale notice or order to the 2579 owner or custodian of any lot of agricultural, vegetable, 2580 flower,or foresttree, or shrub seed,which the department 2581 finds or has good reason to believe is in violation of any 2582 provisions of this law, which shall prohibit further sale, 2583 barter, exchange, or distribution of such seed until the 2584 department is satisfied that the law has been complied with and 2585 has issued a written release or notice to the owner or custodian 2586 of such seed. After a stop-sale notice or order has been issued 2587 against or attached to any lot of seed and the owner or 2588 custodian of such seed has received confirmation that the seed 2589 does not comply with this law, she or he hasshall have15 days 2590 beyond the normal test period within which to comply with the 2591 law and obtain a written release of the seed.The provisions of2592 This paragraph mayshallnot be construed as limiting the right 2593 of the department to proceed as authorized by other sections of 2594 this law. 2595 (c)ToEstablish and maintain a seed laboratory, employ 2596 seed analysts and other personnel, and incur such other expenses 2597 as may be necessary to comply with these provisions. 2598 Section 46. Section 578.12, Florida Statutes, is amended to 2599 read: 2600 578.12 Stop-sale, stop-use, removal, or hold orders.—When 2601 agricultural, vegetable, flower,or foresttree, or shrub seed 2602 is being offered or exposed for sale or held in violation of any 2603 of the provisions of this chapter, the department, through its 2604 authorized representative, may issue and enforce a stop-sale, 2605 stop-use, removal, or hold order to the owner or custodian of 2606 said seed ordering it to be held at a designated place until the 2607 law has been complied with and said seed is released in writing 2608 by the department or its authorized representative. If seed is 2609 not brought into compliance with this law it shall be destroyed 2610 within 30 days or disposed of by the department in such a manner 2611 as it shall by regulation prescribe. 2612 Section 47. Section 578.13, Florida Statutes, is amended to 2613 read: 2614 578.13 Prohibitions.— 2615 (1) It shall be unlawful for any person to sell, distribute 2616 for sale, offer for sale, expose for sale, handle for sale, or 2617 solicit orders for the purchase of any agricultural, vegetable, 2618 flower,or foresttree, or shrub, seed within this state: 2619 (a) Unless the test to determine the percentage of 2620 germination required by s. 578.09 hasshall havebeen completed 2621within a period of 7 months, exclusive of the calendar month in2622which the test was completed,immediately prior to sale, 2623 exposure for sale, offering for sale, or transportation, except 2624 for a germination test for seed in hermetically sealed 2625 containers which is provided for in s. 578.092s. 578.28. 2626 (b) Not labeled in accordance withthe provisions ofthis 2627 law, or having false or misleading labeling. 2628 (c) Pertaining to which there has been a false or 2629 misleading advertisement. 2630 (d) Containing noxious weed seeds subject to tolerances and 2631 methods of determination prescribed in the rules and regulations 2632 under this law. 2633 (e) Unless a seed license has been obtained in accordance 2634 withthe provisions ofthis law. 2635 (f) Unless such seed conforms to the definition of a “lot 2636of seed.” 2637 (2) It shall be unlawful for aanyperson within this state 2638 to: 2639 (a)ToDetach, deface, destroy, or use a second time any 2640 label or tag provided for in this law or in the rules and 2641 regulations made and promulgated hereunder or to alter or 2642 substitute seed in a manner that may defeat the purpose of this 2643 law. 2644 (b)ToDisseminate any false or misleading advertisement 2645 concerning agricultural, vegetable, flower,or foresttree ,or 2646 shrub seed in any manner or by any means. 2647 (c)ToHinder or obstruct in any way any authorized person 2648 in the performance of her or his duties under this law. 2649 (d)ToFail to comply with a stop-sale order or to move, 2650 handle, or dispose of any lot of seed, or tags attached to such 2651 seed, held under a “stop-sale” order, except with express 2652 permission of the department and for the purpose specified by 2653 the departmentor seizure order. 2654 (e) Label, advertise, or otherwise represent seed subject 2655 to this chapter to be certified seed or any class thereof, 2656 including classes such as “registered seed,” “foundation seed,” 2657 “breeder seed” or similar representations, unless: 2658 1. A seed certifying agency determines that such seed 2659 conformed to standards of purity and identify as to the kind, 2660 variety, or species and, if appropriate, subspecies and the seed 2661 certifying agency also determines that tree or shrub seed was 2662 found to be of the origin and elevation claimed, in compliance 2663 with the rules and regulations of such agency pertaining to such 2664 seed; and 2665 2. The seed bears an official label issued for such seed by 2666 a seed certifying agency certifying that the seed is of a 2667 specified class and specified to the kind, variety, or species 2668 and, if appropriate, subspecies. 2669 (f) Label, by variety name, seed not certified by an 2670 official seed-certifying agency when it is a variety for which a 2671 certificate of plant variety protection under the United States 2672 Plant Variety Protection Act, 7 U.S.C. 2321 et. seq., specifies 2673 sale only as a class of certified seed, except that seed from a 2674 certified lot may be labeled as to variety name when used in a 2675 mixture by, or with the written approval of, the owner of the 2676 variety.To sell, distribute for sale, offer for sale, expose2677for sale, handle for sale, or solicit orders for the purchase of2678any agricultural, vegetable, flower, or forest tree seed labeled2679“certified seed,” “registered seed,” “foundation seed,” “breeder2680seed,” or similar terms, unless it has been produced and labeled2681under seal in compliance with the rules and regulations of any2682agency authorized by law.2683 (g)(f)ToFail to keep a complete record, including a file 2684 sample which shall be retained for 1 year after seed is sold, of 2685 each lot of seed and to make available for inspection such 2686 records to the department or its duly authorized agents. 2687 (h)(g)ToUse the name of the Department of Agriculture and 2688 Consumer Services or Florida State Seed Laboratory in connection 2689 with analysis tag, labeling advertisement, or sale of any seed 2690 in any manner whatsoever. 2691 Section 48. Section 578.14, Florida Statutes, is repealed. 2692 Section 49. Subsection (1) of section 578.181, Florida 2693 Statutes, is amended to read: 2694 578.181 Penalties; administrative fine.— 2695 (1) The department may enter an order imposing one or more 2696 of the following penalties against a person who violates this 2697 chapter or the rules adopted under this chapter or who impedes, 2698 obstructs,orhinders, or otherwise attempts to prevent the 2699 department from performing its duty in connection with 2700performing its duties underthis chapter: 2701 (a) For a minor violation, issuance of a warning letter. 2702 (b) For violations other than a minor violation: 2703 1. Imposition of an administrative fine in the Class I 2704 category pursuant to s. 570.971 for each occurrenceafter the2705issuance of a warning letter. 2706 2.(c)Revocation or suspension of the registration as a 2707 seed dealer. 2708 Section 50. Section 578.23, Florida Statutes, is amended to 2709 read: 2710 578.23Dealers’Recordsto be kept available.—Each person 2711 who allows his or her name or brand to appear on the label as 2712 handling agricultural, vegetable, flower, tree, or shrub seeds 2713 subject to this chapter must keep, for 2 years, complete records 2714 of each lot of agricultural, vegetable, flower, tree, or shrub 2715 seed handled, and keep for 1 year after final disposition a file 2716 sample of each lot of seed. All such records and samples 2717 pertaining to the shipment or shipments involved must be 2718 accessible for inspection by the department or its authorized 2719 representative during normal business hoursEvery seed dealer2720shall make and keep for a period of 3 years satisfactory records2721of all agricultural, vegetable, flower, or forest tree seed2722bought or handled to be sold, which records shall at all times2723be made readily available for inspection, examination, or audit2724by the department. Such records shall also be maintained by2725persons who purchase seed for production of plants for resale. 2726 Section 51. Section 578.26, Florida Statutes, is amended to 2727 read: 2728 578.26 Complaint, investigation, hearings, findings, and 2729 recommendation prerequisite to legal action.— 2730 (1)(a) When any buyerfarmeris damaged by the failure of 2731 agricultural, vegetable, flower,or foresttree, or shrub seed 2732 planted in this state to produce or perform as represented by 2733 the labeling of suchlabel attached to theseed as required by 2734 s. 578.09, as a prerequisite to her or his right to maintain a 2735 legal action against the dealer from whom the seed was 2736 purchased, the buyer mustfarmer shallmake a sworn complaint 2737 against the dealer alleging damages sustained. The complaint 2738 shall be filed with the department, and a copy of the complaint 2739 shall be served by the department on the dealer by certified 2740 mail, within such time as to permit inspection of the property, 2741 crops, plants, or trees referenced in, or related to, the 2742 buyer’s complaint by the seed investigation and conciliation 2743 council or its representatives and by the dealer from whom the 2744 seed was purchased. 2745 (b) For types of claims specified in paragraph (a), the 2746 buyer may not commence legal proceedings against the dealer or 2747 assert such a claim as a counterclaim or defense in any action 2748 brought by the dealer until the findings and recommendations of 2749 the seed investigation and conciliation council are transmitted 2750 to the complainant and the dealer. 2751 (c)(b)Language setting forth the requirement for filing 2752 and serving the complaint shall be legibly typed or printed on 2753 the analysis label or be attached to the package containing the 2754 seed at the time of purchase by the buyerfarmer. 2755 (d)(c)A nonrefundable filing fee of $100 shall be paid to 2756 the department with each complaint filed. However, the 2757 complainant may recover the filing fee cost from the dealer upon 2758 the recommendation of the seed investigation and conciliation 2759 council. 2760 (2) Within 15 days after receipt of a copy of the 2761 complaint, the dealer shall file with the department her or his 2762 answer to the complaint and serve a copy of the answer on the 2763 buyerfarmerby certified mail.Upon receipt of the findings and2764recommendation of the arbitration council, the department shall2765transmit them to the farmer and to the dealer by certified mail.2766 (3) The department shall refer the complaint and the answer 2767 thereto to the seed investigation and conciliation council 2768 provided in s. 578.27 for investigation, informal hearing, 2769 findings, and recommendation on the matters complained of. 2770 (a) Each party mustshallbe allowed to present its side of 2771 the dispute at an informal hearing before the seed investigation 2772 and conciliation council. Attorneys may be present at the 2773 hearing to confer with their clients. However, no attorney may 2774 participate directly in the proceeding. 2775 (b) Hearings, including the deliberations of the seed 2776 investigation and conciliation council, mustshallbe open to 2777 the public. 2778 (c) Within 30 days after completion of a hearing, the seed 2779 investigation and conciliation council shall transmit its 2780 findings and recommendations to the department. Upon receipt of 2781 the findings and recommendation of the seed investigation and 2782 conciliation council, the department shall transmit them to the 2783 buyerfarmerand to the dealer by certified mail. 2784 (4) The department shall provide administrative support for 2785 the seed investigation and conciliation council and shall mail a 2786 copy of the council’s procedures to each party upon receipt of a 2787 complaint by the department. 2788 Section 52. Subsections (1), (2), and (4) of section 2789 578.27, Florida Statutes, are amended to read: 2790 578.27 Seed investigation and conciliation council; 2791 composition; purpose; meetings; duties; expenses.— 2792 (1) The Commissioner of Agriculture shall appoint a seed 2793 investigation and conciliation council composed of seven members 2794and seven alternate members, one memberand one alternateto be 2795 appointed upon the recommendation of each of the following: the 2796 deans of extension and research, Institute of Food and 2797 Agricultural Sciences, University of Florida; president of the 2798 Florida SeedSeedsmen and Garden SupplyAssociation; president 2799 of the Florida Farm Bureau Federation; and the president of the 2800 Florida Fruit and Vegetable Association. The Commissioner of 2801 Agriculture shall appoint a representativeand an alternatefrom 2802 the agriculture industry at large and from the Department of 2803 Agriculture and Consumer Services. Each member shall be 2804 appointed for a term of 4 years or less and shall serve until 2805 his or her successor is appointedInitially, three members and2806their alternates shall be appointed for 4-year terms and four2807members and their alternates shall be appointed for 2-year2808terms. Thereafter, members and alternates shall be appointed for28094-year terms. Each alternate member shall serve only in the2810absence of the member for whom she or he is an alternate. A 2811 vacancy shall be filled for the remainder of the unexpired term 2812 in the same manner as the original appointment. The council 2813 shall annually elect a chair from its membership. It shall be 2814 the duty of the chair to conduct all meetings and deliberations 2815 held by the council and to direct all other activities of the 2816 council. The department representative shall serve as secretary 2817 of the council. It shall be the duty of the secretary to keep 2818 accurate and correct records on all meetings and deliberations 2819 and perform other duties for the council as directed by the 2820 chair. 2821 (2) The purpose of the seed investigation and conciliation 2822 council is to assist buyersfarmersandagriculturalseed 2823 dealers in determining the validity of seed complaints made by 2824 buyersfarmersagainst dealers and recommend a settlement, when 2825 appropriate,cost damagesresulting from the alleged failure of 2826 the seed to produce or perform as represented by the label of 2827 suchon theseedpackage. 2828 (4)(a) When the department refers to the seed investigation 2829 and conciliation council any complaint made by a buyerfarmer2830 against a dealer, thesaidcouncil mustshallmake a full and 2831 complete investigation of the matters complained of and at the 2832 conclusion of thesaidinvestigation mustshallreport its 2833 findings and make its recommendationof cost damagesand file 2834 same with the department. 2835 (b) In conducting its investigation, the seed investigation 2836 and conciliation council or any representative, member, or 2837 members thereof are authorized to examine the buyer’s property, 2838 crops, plants, or trees referenced in or relating to the 2839 complaintfarmer on her or his farming operation of which she or2840he complainsand the dealer on her or his packaging, labeling, 2841 and selling operation of the seed alleged to be faulty; to grow 2842 to production a representative sample of the alleged faulty seed 2843 through the facilities of the state, under the supervision of 2844 the department when such action is deemed to be necessary; to 2845 hold informal hearings at a time and place directed by the 2846 department or by the chair of the council upon reasonable notice 2847 to the buyerfarmerand the dealer. 2848 (c) Any investigation made by less than the whole 2849 membership of the council mustshallbe by authority of a 2850 written directive by the department or by the chair, and such 2851 investigation mustshallbe summarized in writing and considered 2852 by the council in reporting its findings and making its 2853 recommendation. 2854 Section 53. Section 578.28, Florida Statutes, is renumbered 2855 as section 578.092, Florida Statutes, and amended to read: 2856 578.092578.28Seed in hermetically sealed containers.—The 2857 period of validity of germination tests is extended to the 2858 following periods for seed packaged in hermetically sealed 2859 containers, under conditions and label requirements set forth in 2860 this section: 2861 (1) GERMINATION TESTS.—The germination test for 2862 agricultural and vegetable seed mustshallhave been completed 2863 within the following periods, exclusive of the calendar month in 2864 which the test was completed, immediately prior to shipment, 2865 delivery, transportation, or sale: 2866 (a) In the case of agricultural or vegetable seed shipped, 2867 delivered, transported, or sold to a dealer for resale, 18 2868 months; 2869 (b) In the case of agricultural or vegetable seed for sale 2870 or sold at retail, 24 months. 2871 (2) CONDITIONS OF PACKAGING.—The following conditions are 2872 considered as minimum: 2873 (a) Hermetically sealed packages or containers.—A 2874 container, to be acceptable under the provisions of this 2875 section, shall not allow water vapor penetration through any 2876 wall, including the wall seals, greater than 0.05 gram of water 2877 per 24 hours per 100 square inches of surface at 100 °F. with a 2878 relative humidity on one side of 90 percent and on the other of 2879 0 percent. Water vapor penetration (WVP) is measured by the 2880 standards of the National Institute of Standards and Technology 2881 as: gm H2O/24 hr./100 sq. in./100 °F/90 percent RH V. 0 percent 2882 RH. 2883 (b) Moisture of seed packaged.—The moisture of agricultural 2884 or vegetable seed subject to the provisions of this section 2885 shall be established by rule of the department. 2886 (3) LABELING REQUIRED.—In addition to the labeling required 2887 by s. 578.09, seed packaged under the provisions of this section 2888 shall be labeled with the following information: 2889 (a) Seed has been preconditioned as to moisture content. 2890 (b) Container is hermetically sealed. 2891 (c) “Germination test valid until (month, year)” may be 2892 used. (Not to exceed 24 months from date of test). 2893 Section 54. Section 578.29, Florida Statutes, is created to 2894 read: 2895 578.29 Prohibited noxious weed seed.—Seeds meeting the 2896 definition of prohibited noxious weed seed under s. 578.011, may 2897 not be present in agricultural, vegetable, flower, tree, or 2898 shrub seed offered or exposed for sale in this state. 2899 Section 55. Subsection (1) of section 590.02, Florida 2900 Statutes, is amended to read: 2901 590.02 Florida Forest Service; powers, authority, and 2902 duties; liability; building structures; Withlacoochee Training 2903 Center.— 2904 (1) The Florida Forest Service has the following powers, 2905 authority, and duties to: 2906 (a)ToEnforce the provisions of this chapter; 2907 (b)ToPrevent, detect, and suppress wildfires wherever 2908 they may occur on public or private land in this state and to do 2909 all things necessary in the exercise of such powers, authority, 2910 and duties; 2911 (c)ToProvide firefighting crews, who shall be under the 2912 control and direction of the Florida Forest Service and its 2913 designated agents; 2914 (d)ToAppoint center managers, forest area supervisors, 2915 forestry program administrators, a forest protection bureau 2916 chief, a forest protection assistant bureau chief, a field 2917 operations bureau chief, deputy chiefs of field operations, 2918 district managers, forest operations administrators, senior 2919 forest rangers, investigators, forest rangers, firefighter 2920 rotorcraft pilots, and other employees who may, at the Florida 2921 Forest Service’s discretion, be certified as forestry 2922 firefighters pursuant to s. 633.408(8). Other law 2923 notwithstanding, center managers, district managers, forest 2924 protection assistant bureau chief, and deputy chiefs of field 2925 operations haveshall haveSelected Exempt Service status in the 2926 state personnel designation; 2927 (e)ToDevelop a training curriculum for forestry 2928 firefighters which must contain the basic volunteer structural 2929 fire training course approved by the Florida State Fire College 2930 of the Division of State Fire Marshal and a minimum of 250 hours 2931 of wildfire training; 2932 (f) Pay the cost of the initial commercial driver license 2933 examination fee for those employees whose position requires them 2934 to operate equipment requiring a license. This paragraph is 2935 intended to be an authorization to the department to pay such 2936 costs, not an obligationTo make rules to accomplish the2937purposes of this chapter; 2938 (g)ToProvide fire management services and emergency 2939 response assistance and to set and charge reasonable fees for 2940 performance of those services. Moneys collected from such fees 2941 shall be deposited into the Incidental Trust Fund of the Florida 2942 Forest Service; 2943 (h)ToRequire all state, regional, and local government 2944 agencies operating aircraft in the vicinity of an ongoing 2945 wildfire to operate in compliance with the applicable state 2946 Wildfire Aviation Plan;and2947 (i)ToAuthorize broadcast burning, prescribed burning, 2948 pile burning, and land clearing debris burning to carry out the 2949 duties of this chapter and the rules adopted thereunder; and 2950 (j) Make rules to accomplish the purposes of this chapter. 2951 Section 56. Section 817.417, Florida Statutes, is created 2952 to read: 2953 817.417 Government Impostor and Deceptive Advertisement 2954 Act.— 2955 (1) SHORT TITLE.—This act may be cited as the “Government 2956 Impostor and Deceptive Advertisements Act.” 2957 (2) DEFINITIONS.—As used in this section: 2958 (a) “Advertisement” means any representation disseminated 2959 in any manner or by any means, other than by a label, for the 2960 purpose of inducing, or which is reasonably likely to induce, 2961 directly or indirectly, a purchase. 2962 (b) “Department” means the Department of Agriculture and 2963 Consumer Services. 2964 (c) “Governmental entity” means a political subdivision or 2965 agency of any state, possession, or territory of the United 2966 States, or the Federal Government, including, but not limited 2967 to, a board, a department, an office, an agency, a military 2968 veteran entity, or a military or veteran service organization by 2969 whatever name known. 2970 (3) DUTIES AND RESPONSIBILITIES.—The department has the 2971 duty and responsibility to: 2972 (a) Investigate potential violations of this section. 2973 (b) Request and obtain information regarding potential 2974 violations of this section. 2975 (c) Seek compliance with this section. 2976 (d) Enforce this section. 2977 (e) Adopt rules necessary to administer this section. 2978 (4) VIOLATIONS.—Each occurrence of the following acts or 2979 practices constitute a violation of this section: 2980 (a) Disseminating an advertisement that: 2981 1. Simulates a summons, complaint, jury notice, or other 2982 court, judicial, or administrative process of any kind. 2983 2. Represents, implies, or otherwise engages in an action 2984 that may reasonably cause confusion that the person using or 2985 employing the advertisement is a part of or associated with a 2986 governmental entity, when such is not true. 2987 (b) Representing, implying, or otherwise reasonably causing 2988 confusion that goods, services, an advertisement, or an offer 2989 was disseminated by or has been approved, authorized, or 2990 endorsed, in whole or in part, by a governmental entity, when 2991 such is not true. 2992 (c) Using or employing language, symbols, logos, 2993 representations, statements, titles, names, seals, emblems, 2994 insignia, trade or brand names, business or control tracking 2995 numbers, website or e-mail addresses, or any other term, symbol, 2996 or other content that represents or implies or otherwise 2997 reasonably causes confusion that goods, services, an 2998 advertisement, or an offer is from a governmental entity, when 2999 such is not true. 3000 (d) Failing to provide the disclosures as required in 3001 subsections (5) or (6). 3002 (e) Failing to timely submit to the department written 3003 responses and answers to its inquiries concerning alleged 3004 practices inconsistent with, or in violation of, this section. 3005 Responses or answers may include, but are not limited to, copies 3006 of customer lists, invoices, receipts, or other business 3007 records. 3008 (5) NOTICE REGARDING DOCUMENT AVAILABILITY.— 3009 (a) Any person offering documents that are available free 3010 of charge or at a lesser price from a governmental entity must 3011 provide the notice specified in paragraph (b) on advertisements 3012 as follows: 3013 1. For printed or written advertisements, notice must be in 3014 the same font size, color, style, and visibility as primarily 3015 used elsewhere on the page or envelope and displayed as follows: 3016 a. On the outside front of any mailing envelope used in 3017 disseminating the advertisement. 3018 b. At the top of each printed or written page used in the 3019 advertisement. 3020 2. For electronic advertisements, notice must be in the 3021 same font size, color, style, and visibility as the body text 3022 primarily used in the e-mail or web page and displayed as 3023 follows: 3024 a. At the beginning of each e-mail message, before any 3025 offer or other substantive information. 3026 b. In a prominent location on each web page, such as the 3027 top of each page or immediately following the offer or other 3028 substantive information on the page. 3029 (b) Advertisements specified in paragraph (a) must include 3030 the following disclosure: 3031 3032 “IMPORTANT NOTICE: 3033 3034 The documents offered by this advertisement are available to 3035 Florida consumers free of charge or for a lesser price from 3036 ...(insert name, telephone number, and mailing address of the 3037 applicable governmental entity).... You are NOT required to 3038 purchase anything from this company and the company is NOT 3039 affiliated, endorsed, or approved by any governmental entity. 3040 The item offered in this advertisement has NOT been approved or 3041 endorsed by any governmental agency, and this offer is NOT being 3042 made by an agency of the government.” 3043 3044 (6) NOTICE REGARDING CLAIM OF LEGAL COMPLIANCE.— 3045 (a) Any person disseminating an advertisement that includes 3046 a form or template to be completed by the consumer with the 3047 claim that such form or template will assist the consumer in 3048 complying with a legal filing or record retention requirement 3049 must provide the notice specified in paragraph (b) on 3050 advertisements as follows: 3051 1. For printed or written advertisements, the notice must 3052 be in the same font size, color, style, and visibility as 3053 primarily used elsewhere on the page or envelope and displayed 3054 as follows: 3055 a. On the outside front of any mailing envelope used in 3056 disseminating the advertisement. 3057 b. At the top of each printed or written page used in the 3058 advertisement. 3059 2. For electronic advertisements, the notice must be in the 3060 same font size, color, style, and visibility as the body text 3061 primarily used in the e-mail or web page and displayed as 3062 follows: 3063 a. At the beginning of each e-mail message, before any 3064 offer or other substantive information. 3065 b. In a prominent location on each web page, such as the 3066 top of each page or immediately following the offer or other 3067 substantive information on the page. 3068 (b) Advertisements specified in paragraph (a) must include 3069 the following disclosure: 3070 3071 “IMPORTANT NOTICE: 3072 3073 You are NOT required to purchase anything from this company and 3074 the company is NOT affiliated, endorsed, or approved by any 3075 governmental entity. The item offered in this advertisement has 3076 NOT been approved or endorsed by any governmental agency, and 3077 this offer is NOT being made by an agency of the government.” 3078 3079 (7) PENALTIES.— 3080 (a) Any person substantially affected by a violation of 3081 this section may bring an action in a court of proper 3082 jurisdiction to enforce the provisions of this section. A person 3083 prevailing in a civil action for a violation of this section 3084 shall be awarded costs, including reasonable attorney fees, and 3085 may be awarded punitive damages in addition to actual damages 3086 proven. This provision is in addition to any other remedies 3087 prescribed by law. 3088 (b) The department may bring one or more of the following 3089 for a violation of this section: 3090 1. A civil action in circuit court for: 3091 a. Temporary or permanent injunctive relief to enforce this 3092 section. 3093 b. For printed advertisements and e-mail, a fine of up to 3094 $1,000 for each separately addressed advertisement or message 3095 containing content in violation of paragraphs (4)(a)-(d) 3096 received by or addressed to a state resident. 3097 c. For websites, a fine of up to $5,000 for each day a 3098 website, with content in violation of paragraphs (4)(a)-(d), is 3099 published and made available to the general public. 3100 d. For violations of paragraph (4)(e), a fine of up to 3101 $5,000 for each violation. 3102 e. Recovery of restitution and damages on behalf of persons 3103 substantially affected by a violation of this section. 3104 f. The recovery of court costs and reasonable attorney 3105 fees. 3106 2. An action for an administrative fine in the Class III 3107 category pursuant to s. 570.971 for each act or omission which 3108 constitutes a violation under this section. 3109 (c) The department may terminate any investigation or 3110 action upon agreement by the alleged offender to pay a 3111 stipulated fine, make restitution, pay damages to customers, or 3112 satisfy any other relief authorized by this section. 3113 (d) In addition to any remedies or penalties set forth in 3114 this section, any person who violates paragraphs (4) (a)-(d) 3115 also commits an unfair or deceptive trade practice in violation 3116 of part II of chapter 501 and is subject to the penalties and 3117 remedies imposed for such violation. 3118 Section 57. Paragraph (m) of subsection (3) of section 3119 489.105, Florida Statutes, is amended to read: 3120 489.105 Definitions.—As used in this part: 3121 (3) “Contractor” means the person who is qualified for, and 3122 is only responsible for, the project contracted for and means, 3123 except as exempted in this part, the person who, for 3124 compensation, undertakes to, submits a bid to, or does himself 3125 or herself or by others construct, repair, alter, remodel, add 3126 to, demolish, subtract from, or improve any building or 3127 structure, including related improvements to real estate, for 3128 others or for resale to others; and whose job scope is 3129 substantially similar to the job scope described in one of the 3130 paragraphs of this subsection. For the purposes of regulation 3131 under this part, the term “demolish” applies only to demolition 3132 of steel tanks more than 50 feet in height; towers more than 50 3133 feet in height; other structures more than 50 feet in height; 3134 and all buildings or residences. Contractors are subdivided into 3135 two divisions, Division I, consisting of those contractors 3136 defined in paragraphs (a)-(c), and Division II, consisting of 3137 those contractors defined in paragraphs (d)-(q): 3138 (m) “Plumbing contractor” means a contractor whose services 3139 are unlimited in the plumbing trade and includes contracting 3140 business consisting of the execution of contracts requiring the 3141 experience, financial means, knowledge, and skill to install, 3142 maintain, repair, alter, extend, or, if not prohibited by law, 3143 design plumbing. A plumbing contractor may install, maintain, 3144 repair, alter, extend, or, if not prohibited by law, design the 3145 following without obtaining an additional local regulatory 3146 license, certificate, or registration: sanitary drainage or 3147 storm drainage facilities, water and sewer plants and 3148 substations, venting systems, public or private water supply 3149 systems, septic tanks, drainage and supply wells, swimming pool 3150 piping, irrigation systems, and solar heating water systems and 3151 all appurtenances, apparatus, or equipment used in connection 3152 therewith, including boilers and pressure process piping and 3153 including the installation of water, natural gas, liquefied 3154 petroleum gas and related venting, and storm and sanitary sewer 3155 lines. The scope of work of the plumbing contractor also 3156 includes the design, if not prohibited by law, and installation, 3157 maintenance, repair, alteration, or extension of air-piping, 3158 vacuum line piping, oxygen line piping, nitrous oxide piping, 3159 and all related medical gas systems; fire line standpipes and 3160 fire sprinklers if authorized by law; ink and chemical lines; 3161 fuel oil and gasoline piping and tank and pump installation, 3162 except bulk storage plants; and pneumatic control piping 3163 systems, all in a manner that complies with all plans, 3164 specifications, codes, laws, and regulations applicable. The 3165 scope of work of the plumbing contractor applies to private 3166 property and public property, including any excavation work 3167 incidental thereto, and includes the work of the specialty 3168 plumbing contractor. Such contractor shall subcontract, with a 3169 qualified contractor in the field concerned, all other work 3170 incidental to the work but which is specified as being the work 3171 of a trade other than that of a plumbing contractor. This 3172 definition does not limit the scope of work of any specialty 3173 contractor certified pursuant to s. 489.113(6) and does not 3174 require certification or registration under this part as a 3175 category I liquefied petroleum gas dealer, or category V LP gas 3176 installer, as defined in s. 527.01,or specialty installerwho 3177 is licensed under chapter 527 or an authorized employee of a 3178 public natural gas utility or of a private natural gas utility 3179 regulated by the Public Service Commission when disconnecting 3180 and reconnecting water lines in the servicing or replacement of 3181 an existing water heater. A plumbing contractor may perform 3182 drain cleaning and clearing and install or repair rainwater 3183 catchment systems; however, a mandatory licensing requirement is 3184 not established for the performance of these specific services. 3185 Section 58. Subsection (3) of section 527.06, Florida 3186 Statutes, is reenacted to read: 3187 527.06 Rules.— 3188 (3) Rules in substantial conformity with the published 3189 standards of the National Fire Protection Association (NFPA) are 3190 deemed to be in substantial conformity with the generally 3191 accepted standards of safety concerning the same subject matter. 3192 Section 59. This act shall take effect July 1, 2018.