Bill Amendment: FL S0498 | 2017 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Department of Agriculture and Consumer Services
Status: 2017-05-02 - Laid on Table, companion bill(s) passed, see CS/CS/HB 467 (Ch. 2017-85) [S0498 Detail]
Download: Florida-2017-S0498-Senate_Committee_Amendment_261922.html
Bill Title: Department of Agriculture and Consumer Services
Status: 2017-05-02 - Laid on Table, companion bill(s) passed, see CS/CS/HB 467 (Ch. 2017-85) [S0498 Detail]
Download: Florida-2017-S0498-Senate_Committee_Amendment_261922.html
Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 498 Ì261922ÂÎ261922 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Commerce and Tourism (Young) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (8) of section 288.1175, Florida 6 Statutes, is amended to read: 7 288.1175 Agriculture education and promotion facility.— 8 (8) Applications must be postmarked or electronically 9 submitted by October 1 of each year. The Department of 10 Agriculture and Consumer Services may not recommend funding for 11 less than the requested amount to any applicant certified as an 12 agriculture education and promotion facility; however, funding 13 of certified applicants shall be subject to the amount provided 14 by the Legislature in the General Appropriations Act for this 15 program. 16 Section 2. Paragraph (d) is added to subsection (5) of 17 section 472.003, Florida Statutes, to read: 18 472.003 Persons not affected by ss. 472.001-472.037. 19 Sections 472.001-472.037 do not apply to: 20 (5) 21 (d) Persons who are under contract with an individual 22 registered or legal entity certified under this chapter and who 23 are under the supervision of and subordinate to a person in 24 responsible charge registered under this chapter, to the extent 25 that such supervision meets standards adopted by rule by the 26 board, if any. 27 Section 3. Subsections (4) and (10) of section 472.005, 28 Florida Statutes, are amended to read: 29 472.005 Definitions.—As used in ss. 472.001-472.037: 30 (4)(a) “Practice of surveying and mapping” means, among 31 other things, any professional service or work, the adequate 32 performance of which involves the application of special 33 knowledge of the principles of mathematics, the related physical 34 and applied sciences, and the relevant requirements of law for 35 adequate evidence of the act of measuring, locating, 36 establishing, or reestablishing lines, angles, elevations, 37 natural and manmade features in the air, on the surface and 38 immediate subsurface of the earth, within underground workings, 39 and on the beds or surface of bodies of water, for the purpose 40 of determining, establishing, describing, displaying, or 41 interpreting the facts of size, volume, shape, topography, tidal 42 datum planes, and legal or geodetic location or relocation, and43orientation of improved or unimproved real property and44appurtenances thereto, including acreage and condominiums. 45 (b) The practice of surveying and mapping also includes, 46 but is not limited to, photogrammetric control; orientation of 47 improved or unimproved real property and appurtenances and 48 personal property attached thereto, including acreage and 49 condominiums; the monumentation and remonumentation of property 50 boundaries and subdivisions; the measurement of and preparation 51 of plans showing existing improvements after construction; the 52 layout of proposed improvements; the preparation of descriptions 53 for use in legal instruments of conveyance of real property and 54 property rights; the preparation of subdivision planning maps 55 and record plats, as provided for in chapter 177; the 56 determination of, but not the design of, grades and elevations 57 of roads and land in connection with subdivisions or divisions 58 of land; and the creation and perpetuation of alignments related 59 to maps, record plats, field note records, reports, property 60 descriptions, and plans and drawings that represent them. 61 (10) “Subordinate” means a personan employeewho performs 62 work under the direction, supervision, and responsible charge of 63 a person who is registered under this chapter. 64 Section 4. Subsections (2) and (3) of section 472.013, 65 Florida Statutes, are amended to read: 66 472.013 Examinations, prerequisites.— 67 (2) An applicant shall be entitled to take the licensure 68 examination to practice in this state as a surveyor and mapper 69 if the applicant is of good moral character and has satisfied 70 one of the following requirements: 71 (a) The applicant has received a bachelor’s degree, its 72 equivalent, or higher in surveying and mapping or a similarly 73 titled program, including, but not limited to, geomatics, 74 geomatics engineering, and land surveying,of 4 years or more in75a surveying and mapping degree programfrom a college or 76 university recognized by the board and has a specific experience 77 record of 4 or more years as a subordinate to a professional 78 surveyor and mapper in the active practice of surveying and 79 mapping, which experience is of a nature indicating that the 80 applicant was in responsible charge of the accuracy and 81 correctness of the surveying and mapping work performed.The82completed surveying and mapping degree of 4 years or more in a83surveying and mapping degree program must have included not84fewer than 32 semester hours of study, or its academic85equivalent, in the science of surveying and mapping or in board86approved surveying-and-mapping-related courses.Work experience 87 acquired as a part of the education requirement mayshallnot be 88 construed as experience in responsible charge. 89 (b) The applicant has received a bachelor’s degree, its 90 equivalent, or higher in ais a graduate of a 4-yearcourse of 91 study, other than in surveying and mapping, at an accredited 92 college or university recognized by the board, and has a 93 specific experience record of 6 or more years as a subordinate 94 to a registered surveyor and mapper in the active practice of 95 surveying and mapping, 5 years of which shall be of a nature 96 indicating that the applicant was in responsible charge of the 97 accuracy and correctness of the surveying and mapping work 98 performed.The course of study in disciplines other than99surveying and mapping must have included not fewer than 32100semester hours of study or its academic equivalent.The 101 applicant must have completed a minimum of 25 semester hours 102 from a college or university approved by the board in surveying 103 and mapping subjects or in any combination of courses in civil 104 engineering, surveying, mapping, mathematics, photogrammetry, 105 forestry, or land law and the physical sciences. Any of the 106 required 25 semester hours of study completed not as a part of 107 the bachelor’s degree, its equivalent, or higher may4-year108course of study shallbe approved at the discretion of the 109 board. Work experience acquired as a part of the education 110 requirement mayshallnot be construed as experience in 111 responsible charge. 112 (3) A person shall be entitled to take an examination for 113 the purpose of determining whether he or she is qualifiedto114practice in this stateas a surveyor and mapper intern if: 115 (a) The person is in good standing in his or her final year 116 of, or is a graduate of, a 4-year degree program of a college or 117 university and has obtained a minimum of 25 semester hours in 118 surveying, mapping, mathematics, photogrammetry, forestry, civil 119 engineering, or land law and the physical sciences, or any 120 combination thereof. Any of the required 25 semester hours of 121 study completed not as a part of the 4-year course of study may 122 be approved at the discretion of the board. If the person is in 123 his or her final academic year, a letter of good standing will 124 be required from the advisor; or 125 (b) The person has completed 2 years of study in a college 126 or university and has obtained a minimum of 15 semester hours in 127 surveying, mapping, mathematics, photogrammetry, forestry, civil 128 engineering, or land law and the physical sciences, or any 129 combination thereof, and has a specific surveying and mapping 130 experience record of 2 or more years as a subordinate to a 131 registered surveyor and mapper. Any of the required 15 semester 132 hours of study completed not as a part of the 2-year course of 133 study may be approved at the discretion of the board. 134 135 This subsection may not be construed as a substitute for the 136 degree requirement to take the exams for licensure as outlined 137 in subsection (2)the person is in the final year, or is a138graduate, of an approved surveying and mapping curriculum in a139school that has been approved by the board. 140 Section 5. Paragraph (a) of subsection (5) and subsection 141 (12) of section 472.015, Florida Statutes, are amended to read: 142 472.015 Licensure.— 143 (5)(a) The board shall certify as qualified for a license 144 by endorsement an applicant who, at the time of application: 145 1. Holds a valid license to practice surveying and mapping 146 issued beforeprior toJuly 1, 1999, by another state or 147 territory of the United States; has passed a national, regional, 148 state, or territorial licensing examination that is 149 substantially equivalent to the examination required by s. 150 472.013; and has a specific experience record of at least 8 151 years as a subordinate to a registered surveyor and mapper in 152 the active practice of surveying and mapping, 6 years of which 153 must be of a nature indicating that the applicant was in 154 responsible charge of the accuracy and correctness of the 155 surveying and mapping work performed; or 156 2. Holds a valid license to practice surveying and mapping 157 issued by another state or territory of the United States if the 158 criteria for issuance of the license were substantially the same 159 as the licensure criteria that existed in Florida at the time 160 the license was issued.; or1613. Is a practicing photogrammetrist who holds the Certified162Photogrammetrist designation of the American Society for163Photogrammetry and Remote Sensing and held such designation on164or before July 1, 2005; is a graduate of a 4-year course of165study at an accredited college or university; and has a specific166experience record of 6 or more years as a subordinate to a167Certified Photogrammetrist of the American Society for168Photogrammetry and Remote Sensing in the active practice of169surveying and mapping, 5 years of which shall be of a nature170indicating that the applicant was in responsible charge of the171accuracy and correctness of the surveying and mapping work172performed. The course of study must have included not fewer than17332 semester hours of study or its academic equivalent. The174applicant must have completed a minimum of 25 semester hours175from a college or university approved by the board in surveying176and mapping subjects or in any combination of courses in civil177engineering, surveying, mapping, mathematics, photogrammetry,178forestry, or land law and the physical sciences. Any of the179required 25 semester hours of study completed not as a part of180the 4-year course of study shall be approved at the discretion181of the board. Work experience acquired as a part of the182education requirement shall not be construed as experience in183responsible charge. The applicant must have applied to the184department for licensure on or before July 1, 2007.185 (12) A licensee or business entity that meets the 186 requirements of this section or s. 472.021 must carry 187 professional liability insurance or provide notice to any person 188 or entity to which surveying and mapping services are offered 189 that the licensee or business entity does not carry professional 190 liability insurance. The notice must consist ofa sign191prominently displayed in the reception area andwritten 192 statements provided in a form and frequency as required by rule 193 of the Board of Professional Surveyors and Mappers. 194 Section 6. Section 472.018, Florida Statutes, is amended to 195 read: 196 472.018 Continuing education.—The department may not renew 197 a license until the licensee submits proof satisfactory to the 198 board that the licensee has met the continuing education 199 requirements for renewal as established by the board andduring200the 2 years before her or his application for renewal the201licenseehas completedatleast24 hours of continuing education 202 before license renewal. 203 (1) The board shall adopt rules to establish the criteria 204and course contentfor continuing education providerscourses. 205 The rules may provide that up to a maximum of 25 percent of the 206 required continuing education hours may be fulfilled by the 207 performance of pro bono services to the indigent or to 208 underserved populations or in areas of critical need within the 209 state where the licensee practices. The board must require that 210 any pro bono services be approved in advance in order to receive 211 credit for continuing education under this section. The board 212 shall use the standard recognized by the Federal Poverty Income 213 Guidelines produced by the United States Department of Health 214 and Human Services in determining indigency. The board may adopt 215 rules that may provide that a part of the continuing education 216 hours may be fulfilled by performing research in critical need 217 areas or for training leading to advanced professional 218 certification. The board may adopt rules to define underserved 219 and critical need areas. The department shall adopt rules for 220 the administration of continuing education requirements adopted 221 by the board. 222 (2) The board may provide by rule the method of delivery 223 and criteria thatdistance learningmay be used to satisfy 224 continuing education requirements. The board may provide by rule 225 provisions for continuing education hours carryover for each 226 license renewal cycle. 227 (3) The board may prorate the required continuing education 228 hours in the following circumstances: 229 (a) For new licensees: 230 1. By requiring half of the required continuing education 231 hours for any applicant who becomes licensed with more than half 232 the renewal period remaining and no continuing education for any 233 applicant who becomes licensed with half or less than half of 234 the renewal period remaining; or 235 2. Requiring no continuing education hours until the first 236 full renewal cycle of the licensee. 237 (b) When the number of hours required is increased by law 238 or the board. 239 (4) Upon the request of a licensee, the provider must also 240 furnish to the department information regarding courses 241 completed by the licensee, in an electronic format required by 242 rule of the department. 243 (5) Each continuing education provider shall retain all 244 records relating to a licensee’s completion of continuing 245 education courses for at least 4 years after completion of a 246 course. 247 (6) A continuing education provider may not be approved, 248 and the approval may not be renewed, unless the provider agrees 249 in writing to provide such cooperation under this section as 250 required by the department. 251 (7) For the purpose of determining which persons or 252 entities must meet the reporting, recordkeeping, and access 253 provisions of this section, the board by rule shall adopt a 254 definition of the term “continuing education provider” 255 applicable to the profession’s continuing education 256 requirements. The intent of the rule is to ensure that all 257 records and information necessary to carry out the requirements 258 of this section are maintained and transmitted accordingly and 259 to minimize disputes as to what person or entity is responsible 260 for maintaining and reporting such records and information. 261 (8) The board shall approve the providers of continuing 262 education. The approval of continuing education providersand263coursesmust be for a specified period of time, not to exceed 4 264 years. An approval that does not include such a time limitation 265 may remain in effect under this chapter or the rules adopted 266 under this chapter. 267 (9) The department may fine, suspend, or revoke approval of 268 any continuing education provider that fails to comply with its 269 duties under this section. The fine may not exceed $500 per 270 violation. Investigations and prosecutions of a provider’s 271 failure to comply with its duties under this section shall be 272 conducted pursuant to s. 472.033. 273 (10) The board shall issue an order requiring a person or 274 entity to cease and desist from offering any continuing 275 education programs for licensees, and fining, suspending, or 276 revoking any approval of the provider previously granted by the 277 board if the board determines that the person or entity failed 278 to provide appropriate continuing education services that 279 conform to board rulesapproved course material. The fine may 280 not exceed $500 per violation. Investigations and prosecutions 281 of a provider’s failure to comply with its duties under this 282 section shall be conducted under s. 472.033. 283 (11) The board may establish, by rule, a fee not to exceed 284 $250 for anyone seeking approval to provide continuing education 285 courses and may establish, by rule, a biennial fee not to exceed 286 $250 for the renewal of providership of such courses. Such 287 postlicensure education courses are subject to the reporting, 288 monitoring, and compliance provisions of this section. 289 (12) The department shall establish a system for the 290 administration of continuing education requirements adopted by 291 the board. The department and the board may adopt rules under 292 ss. 120.536(1) and 120.54 to administer this section. 293 (13) Each continuing education provider shall provide to 294 the department, in an electronic format determined by the 295 department, information regarding the continuing education 296 status of licensees which the department determines is necessary 297 to carry out its duties under this chapter. After a licensee 298 completes a course, the information must be submitted 299 electronically by the continuing education provider to the 300 department within 30 calendar days after completion. However, 301 beginning on the 30th day before the renewal deadline or before 302 the renewal date, whichever occurs sooner, the continuing 303 education provider shall electronically report such information 304 to the department within 10 business days after completion. 305 (14) The department shall establish a system to monitor 306 licensee compliance with continuing education requirements and 307 to determine the continuing education status of each licensee. 308 As used in this subsection, the term “monitor” means the act of 309 determining, for each licensee, whether the licensee is in full 310 compliance with applicable continuing education requirements as 311 of the date of the licensee’s application for license renewal. 312 (15) The department may refuse to renew a license until the 313 licensee has satisfied all applicable continuing education 314 requirements. This subsection does not preclude the department 315 or board from imposing additional penalties pursuant to this 316 chapter or rules adopted pursuant this chapter. 317 Section 7. Subsection (1) of section 472.025, Florida 318 Statutes, is amended to read: 319 472.025 Seals.— 320 (1) The board shall adopt, by rule, a form of seal to be 321 used by all registrants holding valid certificates of 322 registration, whether the registrants are corporations, 323 partnerships, or individuals. Each registrant shall obtain aan324impression-type metalseal in that form; and all final drawings, 325 plans, specifications, plats, or reports prepared or issued by 326 the registrant in accordance with the standards of practice 327 established by the board shall be signed by the registrant, 328 dated, and stamped with his or her seal. This signature, date, 329 and seal shall be evidence of the authenticity of that to which 330 they are affixed. Each registrant may in addition register his 331 or her seal electronically in accordance with ss. 668.001 332 668.006. Drawings, plans, specifications, reports, or documents 333 prepared or issued by a registrant may be transmitted 334 electronically and may be signed by the registrant, dated, and 335 stamped electronically with such seal in accordance with ss. 336 668.001-668.006. 337 Section 8. Paragraph (a) of subsection (1) of section 338 472.033, Florida Statutes, is amended to read: 339 472.033 Disciplinary proceedings.—Disciplinary proceedings 340 for the board shall be within the jurisdiction of the 341 department. 342 (1)(a) The department shall investigate any complaint that 343 is filed before it if the complaint is in writing, signed by the 344 complainant, and legally sufficient. A complaint is legally 345 sufficient if it contains ultimate facts that show that a 346 violation of this chapter or of any rule adopted by the 347 department or the board has occurred. In order to determine 348 legal sufficiency, the department may require supporting 349 information or documentation. The department may investigate, 350 and the department or the board may take appropriate final 351 action on, a complaint even though the original complainant 352 withdraws it or otherwise indicates a desire not to cause the 353 complaint to be investigated or prosecuted to completion. The 354 department may investigate an anonymous complaint if the 355 complaint is in writing and is legally sufficient, if the 356 alleged violation of law or rules is substantial, and if the 357 department has reason to believe, after preliminary inquiry, 358 that the violations alleged in the complaint are true. The 359 department may investigate a complaint made by a confidential 360 informant if the complaint is legally sufficient, if the alleged 361 violation of law or rule is substantial, and if the department 362 has reason to believe, after preliminary inquiry, that the 363 allegations of the complainant are true. The department may 364 initiate an investigation if it has reasonable cause to believe 365 that a licensee or a group of licensees has violated a Florida 366 statute, a rule of the department, or a rule of the board, or if 367 it has reasonable cause to believe that a person is engaged in 368 the unlicensed practice of surveying and mapping. 369 Section 9. Subsection (1) of section 472.0351, Florida 370 Statutes, is amended to read: 371 472.0351 Grounds for discipline; penalties; enforcement.— 372 (1) The following acts constitute grounds for which the 373 disciplinary actions specified in subsection (2) may be taken: 374 (a) Violation of any provision of s. 472.031 or the 375 unlicensed practice of surveying and mapping.;376 (b) Attempting to procure a license to practice surveying 377 and mapping by bribery or fraudulent misrepresentations.;378 (c) Having a license to practice surveying and mapping 379 revoked, suspended, or otherwise acted against, including the 380 denial of licensure, by the licensing authority of another 381 state, territory, or country, for a violation that constitutes a 382 violation under the laws of this state. The acceptance of a 383 relinquishment of licensure, stipulation, consent order, or 384 other settlement offered in response to or in anticipation of 385 the filing of charges against the license by a licensing 386 authority is an action against the license.;387 (d) Being convicted or found guilty of, or entering a plea 388 of guilty, no contest, or nolo contendere to, regardless of 389 adjudication, a crime in any jurisdiction which directly relates 390 to the practice of surveying and mapping or the ability to 391 practice surveying and mapping.;392 (e) Making or filing a report or record that the licensee 393 knows to be false, willfully failing to file a report or record 394 required by state or federal law, willfully impeding or 395 obstructing such filing, or inducing another person to impede or 396 obstruct such filing. Such reports or records include only those 397 that are signed in the capacity of a registered surveyor and 398 mapper.;399 (f) Advertising goods or services in a manner that is 400 fraudulent, false, deceptive, or misleading in form or content.;401 (g) Upon proof that the licensee is guilty of fraud or 402 deceit, or of negligence, incompetency, or misconduct, in the 403 practice of surveying and mapping.;404 (h) Failing to perform a statutory or legal obligation 405 placed upon a licensed surveyor and mapper; violating a 406 provision of this chapter, a rule of the board or department, or 407 a lawful order of the board or department; or failing to comply 408 with a lawfully issued subpoena of the department.;409 (i) Practicing on a revoked, suspended, inactive, or 410 delinquent license.;411 (j) Having been found liable in a civil proceeding for 412 knowingly filing a false report or complaint with the department 413 against another licensee.;414 (k) Failing to report to the department any person who the 415 licensee knows is in violation of this chapter or the rules of 416 the department or the board.;417 (l) Aiding, assisting, procuring, employing, or advising 418 any unlicensed person or entity to practice surveying and 419 mapping contrary to this chapter or the rules of the department 420 or the board.;421 (m) Making deceptive, untrue, or fraudulent representations 422 in or related to the practice of professional surveying or 423 mapping or employing a trick or scheme in or related to the 424 practice of professional surveying or mapping.;425 (n) Exercising influence on the client for the purpose of 426 financial gain of the licensee or a third party.;427 (o) Practicing or offering to practice beyond the scope 428 permitted by law or accepting and performing professional 429 responsibilities the licensee knows, or has reason to know, the 430 licensee is not competent to perform.;431 (p) Delegating or contracting for the performance of 432 professional responsibilities by a person when the licensee 433 delegating or contracting for performance of such 434 responsibilities knows, or has reason to know, such person is 435 not qualified by training, experience, and authorization when 436 required to perform them.; or437 (q) Improperly interfering with an investigation or 438 inspection authorized by statute, or with any disciplinary 439 proceeding. 440 Section 10. Subsection (2) of section 472.0366, Florida 441 Statutes, is amended to read: 442 472.0366 Elevation certificates; requirements for surveyors 443 and mappers.— 444 (2) Beginning January 1, 2017, a surveyor and mapper shall, 445 within 30 days after completion, submit to the division a copy 446 of each elevation certificate that he or she completes. The copy 447 must be unaltered, except that the surveyor and mapper may 448 redact the name of the property owner. The copy need not be 449 signed and sealed when submitted to the division; however, an 450 original signed and sealed copy must be retained in the surveyor 451 and mapper’s records as prescribed by rule of the board. 452 Section 11. Section 487.2041, Florida Statutes, is amended 453 to read: 454 487.2041 Enforcement of federal worker protection 455 regulations.—The department shall, to the extent that resources 456 are available, continue to operate under the United States 457 Environmental Protection Agency regulations regarding the 458 Labeling Requirement for Pesticides and Devices, 40 C.F.R. part 459 156, and the Worker Protection Standard, 40 C.F.R. part 170, 460 which the department shall adoptadoptedby ruleduring the4611995-1996 fiscal year and published in the Florida462Administrative Code. Any provision of this part not preempted by 463 federal law shall continue to apply. 464 Section 12. Subsection (13) of section 493.6101, Florida 465 Statutes, is amended to read: 466 493.6101 Definitions.— 467 (13) “Manager” means any licensee who directs the 468 activities of licensees at any agency or branch office. The 469 manager shall be assigned to and shall primarily operate from 470 the agency or branch office location for which he or she has 471 been designated as manager. The manager of a private 472 investigative agency may, however, manage multiple private 473 investigative agencies and branch offices. 474 Section 13. Paragraph (j) of subsection (3) and paragraph 475 (a) of subsection (6) of section 493.6105, Florida Statutes, are 476 amended to read: 477 493.6105 Initial application for license.— 478 (3) The application must contain the following information 479 concerning the individual signing the application: 480 (j) A full set of fingerprints, a fingerprint processing 481 fee, and a fingerprint retention fee. The fingerprint processing 482 and retention fees shall be established by rule of the 483 department based upon costs determined by state and federal 484 agency charges and department processing costs, which must 485 include the cost of retaining the fingerprints in the statewide 486 automated biometric identification system established in s. 487 943.05(2)(b) and the cost of enrolling the fingerprints in the 488 national retained print arrest notification program as required 489 under s. 493.6108. An applicant who has, within the immediately 490 preceding 6 months, submitted such fingerprints and fees for 491 licensing purposes under this chapter and who still holds a 492 valid license is not required to submit another set of 493 fingerprints or another fingerprint processing fee. An applicant 494 who holds multiple licenses issued under this chapter is 495 required to pay only a single fingerprint retention fee. 496 Partners and corporate officers who do not possess licenses 497 subject to renewal under s. 493.6113 are exempt from the 498 fingerprint retention requirements of this chapter. 499 (6) In addition to the requirements under subsection (3), 500 an applicant for a Class “K” license must: 501 (a) Submit one of the following: 502 1. The Florida Criminal Justice Standards and Training 503 Commission Instructor Certificate and written confirmation by 504 the commission that the applicant possesses an active firearms 505 certification. 506 2. A validTheNational Rifle Association Private Security 507 Firearm Instructor Certificate issued not more than 3 years 508 before the submission of the applicant’s Class “K” application. 509 3. A valid firearms instructor certificate issued by a 510 federal law enforcement agency not more than 3 years before the 511 submission of the applicant’s Class “K” application. 512 Section 14. Subsection (1) of section 493.6107, Florida 513 Statutes, is amended to read: 514 493.6107 Fees.— 515 (1) The department shall establish by rule examination and 516bienniallicense fees,which shallnot to exceed the following: 517 (a) Class “M” license—manager Class “AB” agency: $75. 518 (b) Class “G” license—statewide firearm license: $150. 519 (c) Class “K” license—firearms instructor: $100. 520 (d) Fee for the examination for firearms instructor: $75. 521 Section 15. Subsections (3) and (5) of section 493.6108, 522 Florida Statutes, are amended to read: 523 493.6108 Investigation of applicants by Department of 524 Agriculture and Consumer Services.— 525 (3) The department must also investigate the mental history 526 and current mental and emotional fitness of any Class “G” or 527 Class “K” applicant and may deny a Class “G” or Class “K” 528 license to anyone who has a history of mental illness or drug or 529 alcohol abuse. Notwithstanding s. 790.065(2)(a)4.f., the 530 Department of Law Enforcement may, for the limited purpose of 531 determining eligibility of Class “G” or Class “K” applicants and 532 licensees under this chapter, provide the department with mental 533 health and substance abuse data of individuals who are 534 prohibited from purchasing a firearm. 535 (5) A person licensed under this chapter must notify his or 536 her employer within 3 calendar days if he or she is arrested for 537 any offense. If the department receives information about an 538 arrest within the state of a person who holds a valid license 539 issued under this chapter for a crime that could potentially 540 disqualify the person from holding such a license, the 541 department must provide the arrest information to the agency 542 that employs the licensee. 543 Section 16. Section 493.6112, Florida Statutes, is amended 544 to read: 545 493.6112 Notification to Department of Agriculture and 546 Consumer Services of changes of partner or officer or 547 employees.— 548 (1) After filing the application, unless the department 549 declines to issue the license or revokes it after issuance, an 550 agencyor schoolshall, within 5 working days of the withdrawal, 551 removal, replacement, or addition of any or all partners or 552 officers, notify and file with the department complete 553 applications for such individuals. The agency’sor school’sgood 554 standing under this chapter shall be contingent upon the 555 department’s approval of any new partner or officer. 556 (2) Each agencyor schoolshall, upon the employment or 557 termination of employment of a licensee, report such employment 558 or termination within 15 calendar daysimmediatelyto the 559 department and, in the case of a termination, report the reason 560 or reasons therefor. The report shall be submitted 561 electronically in a manneron a formprescribed by the 562 department. 563 Section 17. Paragraph (b) of subsection (3) of section 564 493.6113, Florida Statutes, is amended to read: 565 493.6113 Renewal application for licensure.— 566 (3) Each licensee is responsible for renewing his or her 567 license on or before its expiration by filing with the 568 department an application for renewal accompanied by payment of 569 the renewal fee and the fingerprint retention fee to cover the 570 cost of ongoing retention in the statewide automated biometric 571 identification system established in s. 943.05(2)(b). Upon the 572 first renewal of a license issued under this chapter before 573 January 1, 2017, the licensee shall submit a full set of 574 fingerprints and fingerprint processing fees to cover the cost 575 of entering the fingerprints into the statewide automated 576 biometric identification system pursuant to s. 493.6108(4)(a) 577 and the cost of enrollment in the Federal Bureau of 578 Investigation’s national retained print arrest notification 579 program. Subsequent renewals may be completed without submission 580 of a new set of fingerprints. 581 (b) Each Class “G” licensee shall additionally submit proof 582 that he or she has received during each year of the license 583 period a minimum of 4 hours of firearms requalification 584recertificationtraining taught by a Class “K” licensee and has 585 complied with such other health and training requirements that 586 the department shall adopt by rule. Proof of completion of 587 firearms requalificationrecertificationtraining shall be 588 submitted to the department upon completion of the training. A 589 Class “G” licensee must successfully complete this 590 requalification training for each type and caliber of firearm 591 carried in the course of performing his or her regulated duties. 592 If the licensee fails to complete the required 4 hours of annual 593 training during the first year of the 2-year term of the 594 license, the license shall be automatically suspended. The 595 licensee must complete the minimum number of hours of range and 596 classroom training required at the time of initial licensure and 597 submit proof of completion of such training to the department 598 before the license may be reinstated. If the licensee fails to 599 complete the required 4 hours of annual training during the 600 second year of the 2-year term of the license, the licensee must 601 complete the minimum number of hours of range and classroom 602 training required at the time of initial licensure and submit 603 proof of completion of such training to the department before 604 the license may be renewed. The department may waive the 605 firearms training requirement if: 606 1. The applicant provides proof that he or she is currently 607 certified as a law enforcement officer or correctional officer 608 under the Criminal Justice Standards and Training Commission and 609 has completed law enforcement firearms requalification training 610 annually during the previous 2 years of the licensure period; 611 2. The applicant provides proof that he or she is currently 612 certified as a federal law enforcement officer and has received 613 law enforcement firearms training administered by a federal law 614 enforcement agency annually during the previous 2 years of the 615 licensure period; or 616 3. The applicant submits a valid firearm certificate among 617 those specified in s. 493.6105(6)(a) and provides proof of 618 having completed requalification training during the previous 2 619 years of the licensure period. 620 Section 18. Subsection (4) of section 493.6115, Florida 621 Statutes, is amended, present paragraphs (b), (c), and (d) of 622 subsection (12) of that section are redesignated as paragraphs 623 (c), (d), and (e), respectively, and a new paragraph (b) is 624 added to that subsection, to read: 625 493.6115 Weapons and firearms.— 626 (4) A Class “C” or Class “CC” licensee who is 21 years of 627 age or older andwhohas also been issued a Class “G” license 628 may carry, in the performance of her or his duties, a concealed 629 firearm. A Class “D” licensee who is 21 years of age or older 630 andwhohas also been issued a Class “G” license may carry a 631 concealed firearm in the performance of her or his duties under 632 the conditions specified in s. 493.6305(3) or (4)493.6305(2). 633 The Class “G” license mustshallclearly indicate such 634 authority. The authority of any such licensee to carry a 635 concealed firearm isshall bevalid in any location throughout 636 the state, in any location,while performing services within the 637 scope of the license. 638 (12) The department may issue a temporary Class “G” 639 license, on a case-by-case basis, if: 640 (b) The department has reviewed the mental health and 641 substance abuse data provided by the Department of Law 642 Enforcement as authorized in s. 493.6108(3) and has determined 643 the applicant is not prohibited from licensure based upon this 644 data. 645 Section 19. Subsection (1) of section 493.6118, Florida 646 Statutes, is amended, and subsections (8) and (9) are added to 647 that section, to read: 648 493.6118 Grounds for disciplinary action.— 649 (1) The following constitute grounds for which disciplinary 650 action specified in subsection (2) may be taken by the 651 department against any licensee, agency, or applicant regulated 652 by this chapter, or any unlicensed person engaged in activities 653 regulated under this chapter:.654 (a) Fraud or willful misrepresentation in applying for or 655 obtaining a license. 656 (b) Use of any fictitious or assumed name by an agency 657 unless the agency has department approval and qualifies under s. 658 865.09. 659 (c) Being found guilty of or entering a plea of guilty or 660 nolo contendere to, regardless of adjudication, or being 661 convicted of a crime that directly relates to the business for 662 which the license is held or sought. A plea of nolo contendere 663 shall create a rebuttable presumption of guilt to the underlying 664 criminal charges, and the department shall allow the individual 665 being disciplined or denied an application for a license to 666 present any mitigating circumstances surrounding his or her 667 plea. 668 (d) A false statement by the licensee that any individual 669 is or has been in his or her employ. 670 (e) A finding that the licensee or any employee is guilty 671 of willful betrayal of a professional secret or any unauthorized 672 release of information acquired as a result of activities 673 regulated under this chapter. 674 (f) Proof that the applicant or licensee is guilty of fraud 675 or deceit, or of negligence, incompetency, or misconduct, in the 676 practice of the activities regulated under this chapter. 677 (g) Conducting activities regulated under this chapter 678 without a license or with a revoked or suspended license. 679 (h) Failure of the licensee to maintain in full force and 680 effect the commercial general liability insurance coverage 681 required by s. 493.6110. 682 (i) Impersonating, or permitting or aiding and abetting an 683 employee to impersonate, a law enforcement officer or an 684 employee of the state, the United States, or any political 685 subdivision thereof by identifying himself or herself as a 686 federal, state, county, or municipal law enforcement officer or 687 official representative, by wearing a uniform or presenting or 688 displaying a badge or credentials that would cause a reasonable 689 person to believe that he or she is a law enforcement officer or 690 that he or she has official authority, by displaying any 691 flashing or warning vehicular lights other than amber colored, 692 or by committing any act that is intended to falsely convey 693 official status. 694 (j) Commission of an act of violence or the use of force on 695 any person except in the lawful protection of one’s self or 696 another from physical harm. 697 (k) Knowingly violating, advising, encouraging, or 698 assisting the violation of any statute, court order, capias, 699 warrant, injunction, or cease and desist order, in the course of 700 business regulated under this chapter. 701 (l) Soliciting business for an attorney in return for 702 compensation. 703 (m) Transferring or attempting to transfer a license issued 704 pursuant to this chapter. 705 (n) Employing or contracting with any unlicensed or 706 improperly licensed person or agency to conduct activities 707 regulated under this chapter, or performing any act that 708 assists, aids, or abets a person or business entity in engaging 709 in unlicensed activity, when the licensure status was known or 710 could have been ascertained by reasonable inquiry. 711 (o) Failure or refusal to cooperate with or refusal of 712 access to an authorized representative of the department engaged 713 in an official investigation pursuant to this chapter. 714 (p) Failure of any partner, principal corporate officer, or 715 licensee to have his or her identification card in his or her 716 possession while on duty. 717 (q) Failure of any licensee to have his or her license in 718 his or her possession while on duty, as specified in s. 719 493.6111(1). 720 (r) Failure or refusal by a sponsor to certify a biannual 721 written report on an intern or to certify completion or 722 termination of an internship to the department within 15 working 723 days. 724 (s) Failure to report to the department any person whom the 725 licensee knows to be in violation of this chapter or the rules 726 of the department. 727 (t) Violating any provision of this chapter. 728 (u) For a Class “G” licensee, failing to timely complete 729 requalificationrecertificationtraining as required in s. 730 493.6113(3)(b). 731 (v) For a Class “K” licensee, failing to maintain active 732 certification specified under s. 493.6105(6). 733 (w) For a Class “G” or a Class “K” applicant or licensee, 734 being prohibited from purchasing or possessing a firearm by 735 state or federal law. 736 (x) In addition to the grounds for disciplinary action 737 prescribed in paragraphs (a)-(t), Class “R” recovery agencies, 738 Class “E” recovery agents, and Class “EE” recovery agent interns 739 are prohibited from committing the following acts: 740 1. Recovering a motor vehicle, mobile home, motorboat, 741 aircraft, personal watercraft, all-terrain vehicle, farm 742 equipment, or industrial equipment that has been sold under a 743 conditional sales agreement or under the terms of a chattel 744 mortgage before authorization has been received from the legal 745 owner or mortgagee. 746 2. Charging for expenses not actually incurred in 747 connection with the recovery, transportation, storage, or 748 disposal of repossessed property or personal property obtained 749 in a repossession. 750 3. Using any repossessed property or personal property 751 obtained in a repossession for the personal benefit of a 752 licensee or an officer, director, partner, manager, or employee 753 of a licensee. 754 4. Selling property recovered under the provisions of this 755 chapter, except with written authorization from the legal owner 756 or the mortgagee thereof. 757 5. Failing to notify the police or sheriff’s department of 758 the jurisdiction in which the repossessed property is recovered 759 within 2 hours after recovery. 760 6. Failing to remit moneys collected in lieu of recovery of 761 a motor vehicle, mobile home, motorboat, aircraft, personal 762 watercraft, all-terrain vehicle, farm equipment, or industrial 763 equipment to the client within 10 working days. 764 7. Failing to deliver to the client a negotiable instrument 765 that is payable to the client, within 10 working days after 766 receipt of such instrument. 767 8. Falsifying, altering, or failing to maintain any 768 required inventory or records regarding disposal of personal 769 property contained in or on repossessed property pursuant to s. 770 493.6404(1). 771 9. Carrying any weapon or firearm when he or she is on 772 private property and performing duties under his or her license 773 whether or not he or she is licensed pursuant to s. 790.06. 774 10. Soliciting from the legal owner the recovery of 775 property subject to repossession after such property has been 776 seen or located on public or private property if the amount 777 charged or requested for such recovery is more than the amount 778 normally charged for such a recovery. 779 11. Wearing, presenting, or displaying a badge in the 780 course of performing a repossession regulated by this chapter. 781 (y) Installation of a tracking device or tracking 782 application in violation of s. 934.425. 783 (z) Failure of any licensee to notify his or her employer 784 within 3 calendar days if he or she is arrested for any offense. 785 (8)(a) Upon notification by a law enforcement agency, a 786 court, or the Department of Law Enforcement and upon subsequent 787 written verification, the department shall temporarily suspend a 788 Class “G” or Class “K” license if the licensee is arrested or 789 charged with a firearms-related crime that would disqualify such 790 person from licensure under this chapter. The department shall 791 notify the licensee suspended under this section of his or her 792 right to a hearing pursuant to chapter 120. A hearing conducted 793 regarding this temporary suspension must be for the limited 794 purpose of determining whether the licensee has been arrested or 795 charged with a disqualifying firearms-related crime. 796 (b) If the criminal case results in a nondisqualifying 797 disposition, the department shall issue an order lifting the 798 suspension upon the licensee’s submission of a certified copy of 799 the final resolution. 800 (c) If the criminal case results in a disqualifying 801 disposition, the suspension remains in effect and the department 802 shall proceed with revocation proceedings pursuant to chapter 803 120. 804 (9)(a) Upon notification by a law enforcement agency, a 805 court, or the Department of Law Enforcement and upon subsequent 806 written verification, the department shall temporarily suspend a 807 license if the licensee is arrested or charged with a forcible 808 felony as defined in s. 776.08. The department shall notify the 809 licensee suspended under this section of his or her right to a 810 hearing pursuant to chapter 120. A hearing conducted regarding 811 this temporary suspension must be for the limited purpose of 812 determining whether the licensee has been arrested or charged 813 with a forcible felony. 814 (b) If the criminal case results in a nondisqualifying 815 disposition, the department shall issue an order lifting the 816 suspension upon the licensee’s submission to the department of a 817 certified copy of the final resolution. 818 (c) If criminal case results in a disqualifying 819 disposition, the suspension remains in effect and the department 820 shall proceed with revocation proceedings pursuant to chapter 821 120. 822 Section 20. Subsection (1) of section 493.6202, Florida 823 Statutes, is amended to read: 824 493.6202 Fees.— 825 (1) The department shall establish by rule examination and 826bienniallicense fees,which shallnot to exceed the following: 827 (a) Class “A” license—private investigative agency: $450. 828 (b) Class “AA” or “AB” license—branch office: $125. 829 (c) Class “MA” license—private investigative agency 830 manager: $75. 831 (d) Class “C” license—private investigator: $75. 832 (e) Class “CC” license—private investigator intern: $60. 833 Section 21. Subsection (5) and paragraphs (b) and (c) of 834 subsection (6) of section 493.6203, Florida Statutes, are 835 amended to read: 836 493.6203 License requirements.—In addition to the license 837 requirements set forth elsewhere in this chapter, each 838 individual or agency shall comply with the following additional 839 requirements: 840 (5)Effective January 1, 2008,An applicant for a Class 841 “MA,” Class “M,” or Class “C” license must pass an examination 842 that covers the provisions of this chapter and is administered 843 by the department or by a provider approved by the department. 844 The applicant must pass the examination before applying for 845 licensure and must submit proof with the license application on 846 a form approved by rule of the department that he or she has 847 passed the examination. The administrator of the examination 848 shall verify the identity of each applicant taking the 849 examination. 850 (a) The examination requirement in this subsection does not 851 apply to an individual who holds a valid Class “CC,” Class “C,” 852 Class “MA,” or Class “M” license. 853 (b) Notwithstanding the exemption provided in paragraph 854 (a), if the license of an applicant for relicensure has been 855 invalid for more than 1 year, the applicant must take and pass 856 the examination. 857 (c) The department shall establish by rule the content of 858 the examination, the manner and procedure of its administration, 859 and an examination fee that may not exceed $100. 860 (6) 861 (b)Effective January 1, 2012,Before submission of an 862 application to the department, the applicant for a Class “CC” 863 license must have completed a minimum of 40 hours of 864 professional training pertaining to general investigative 865 techniques and this chapter, which course is offered by a state 866 university or by a school, community college, college, or 867 university under the purview of the Department of Education, and 868 the applicant must pass an examination.The training must be869provided in two parts, one 24-hour course and one 16-hour870course.The certificate evidencing satisfactory completion of 871 the 40 hours of professional training must be submitted with the 872 application for a Class “CC” license. The training specified in 873 this paragraph may be provided by face-to-face presentation, 874 online technology, or a home study course in accordance with 875 rules and procedures of the Department of Education. The 876 administrator of the examination must verify the identity of 877 each applicant taking the examination. 878 1. Upon an applicant’s successful completion of each part 879 of the approved training and passage of any required 880 examination, the school, community college, college, or 881 university shall issue a certificate of completion to the 882 applicant. The certificates must be on a form established by 883 rule of the department. 884 2. The department shall establish by rule the general 885 content of the professional training and the examination 886 criteria. 887 3. If the license of an applicant for relicensure is 888 invalid for more than 1 year, the applicant must complete the 889 required training and pass any required examination. 890 (c)An individual who submits an application for a Class891“CC” license on or after September 1, 2008, through December 31,8922011, who has not completed the 16-hour course must submit proof893of successful completion of the course within 180 days after the894date the application is submitted. If documentation of895completion of the required training is not submitted by that896date, the individual’s license shall be automatically suspended897until proof of the required training is submitted to the898department.An individual licensed on or before August 31, 2008, 899 is not required to complete additional training hours in order 900 to renew an active license beyond the total required hours, and 901 the timeframe for completion in effect at the time he or she was 902 licensed applies. 903 Section 22. Subsection (1) of section 493.6302, Florida 904 Statutes, is amended to read: 905 493.6302 Fees.— 906 (1) The department shall establish by rulebienniallicense 907 fees,which shallnot to exceed the following: 908 (a) Class “B” license—security agency: $450. 909 (b) Class “BB” or Class “AB” license—branch office: $125. 910 (c) Class “MB” license—security agency manager: $75. 911 (d) Class “D” license—security officer: $45. 912 (e) Class “DS” license—security officer school or training 913 facility: $60. 914 (f) Class “DI” license—security officer school or training 915 facility instructor: $60. 916 Section 23. Subsection (4) of section 493.6303, Florida 917 Statutes, is amended to read: 918 493.6303 License requirements.—In addition to the license 919 requirements set forth elsewhere in this chapter, each 920 individual or agency must comply with the following additional 921 requirements: 922 (4)(a)Effective January 1, 2012,An applicant for a Class 923 “D” license must submit proof of successful completion of a 924 minimum of 40 hours of professional training at a school or 925 training facility licensed by the department.The training must926be provided in two parts, one 24-hour course and one 16-hour927course.The department shall by rule establish the general 928 content and number of hours of each subject area to be taught. 929(b)An individual who submits an application for a Class930“D” license on or after January 1, 2007, through December 31,9312011, who has not completed the 16-hour course must submit proof932of successful completion of the course within 180 days after the933date the application is submitted. If documentation of934completion of the required training is not submitted by that935date, the individual’s license shall be automatically suspended936until proof of the required training is submitted to the937department. A person licensed before January 1, 2007, is not938required to complete additional training hours in order to renew939an active license beyond the total required hours, and the940timeframe for completion in effect at the time he or she was941licensed applies.942(c)An individual whose license is suspended or revoked943pursuant to paragraph (b), or is expired for at least 1 year, is944considered, upon reapplication for a license, an initial945applicant and must submit proof of successful completion of 40946hours of professional training at a school or training facility947licensed by the department as provided in paragraph (a) before a948license is issued.949 Section 24. Subsection (1) of section 493.6304, Florida 950 Statutes, is amended to read: 951 493.6304 Security officer school or training facility.— 952 (1) Any school, training facility, or instructor who offers 953 the training specifiedoutlinedin s. 493.6303(4) for Class “D” 954 applicants shall, before licensure of such school, training 955 facility, or instructor, file with the department an application 956 accompanied by an application fee in an amount to be determined 957 by rule, not to exceed $60. The fee isshallnotberefundable. 958 Section 25. Subsection (1) of section 493.6402, Florida 959 Statutes, is amended to read: 960 493.6402 Fees.— 961 (1) The department shall establish by rulebienniallicense 962 fees,thatshallnot to exceed the following: 963 (a) Class “R” license—recovery agency: $450. 964 (b) Class “RR” license—branch office: $125. 965 (c) Class “MR” license—recovery agency manager: $75. 966 (d) Class “E” license—recovery agent: $75. 967 (e) Class “EE” license—recovery agent intern: $60. 968 (f) Class “RS” license—recovery agent school or training 969 facility: $60. 970 (g) Class “RI” license—recovery agent school or training 971 facility instructor: $60. 972 Section 26. Subsection (2) of section 493.6403, Florida 973 Statutes, is amended to read: 974 493.6403 License requirements.— 975 (2)Beginning October 1, 1994,An applicant for a Class “E” 976 or a Class “EE” license must submit proof of successful 977 completionhave completed a minimumof 40 hours of professional 978 training at a school or training facility licensed by the 979 department. The department shall by rule establish the general 980 content for the training. 981 Section 27. Subsection (6) is added to section 501.013, 982 Florida Statutes, to read: 983 501.013 Health studios; exemptions.—The following 984 businesses or activities may be declared exempt from the 985 provisions of ss. 501.012-501.019 upon the filing of an 986 affidavit with the department establishing that the stated 987 qualifications are met: 988 (6) A program or facility offered by an organization for 989 the exclusive use of its employees and their family members. 990 Section 28. Paragraph (a) of subsection (3) of section 991 501.059, Florida Statutes, is amended to read: 992 501.059 Telephone solicitation.— 993 (3)(a) If any residential, mobile, or telephonic paging 994 device telephone subscriber notifies the department of his or 995 her desire to be placed on a “no sales solicitation calls” 996 listing indicating that the subscriber does not wish to receive 997 unsolicited telephonic sales calls, the department shall place 998 the subscriber on that listingfor 5 years. 999 Section 29. Paragraph (a) of subsection (1) and subsection 1000 (3) of section 507.04, Florida Statutes, are amended to read: 1001 507.04 Required insurance coverages; liability limitations; 1002 valuation coverage.— 1003 (1) LIABILITY INSURANCE.— 1004 (a)1. Except as provided in paragraph (b), each mover 1005 operating in this state must maintain current and valid 1006 liability insurance coverage of at least $10,000 per shipment 1007 for the loss or damage of household goods resulting from the 1008 negligence of the mover or its employees or agents. 1009 2. The mover must provide the department with evidence of 1010 liability insurance coverage before the mover is registered with 1011 the department under s. 507.03. All insurance coverage 1012 maintained by a mover must remain in effect throughout the 1013 mover’s registration period. A mover’s failure to maintain 1014 insurance coverage in accordance with this paragraph constitutes 1015 an immediate threat to the public health, safety, and welfare. 1016If a mover fails to maintain insurance coverage, the department1017may immediately suspend the mover’s registration or eligibility1018for registration, and the mover must immediately cease operating1019as a mover in this state. In addition, and notwithstanding the1020availability of any administrative relief pursuant to chapter1021120, the department may seek from the appropriate circuit court1022an immediate injunction prohibiting the mover from operating in1023this state until the mover complies with this paragraph, a civil1024penalty not to exceed $5,000, and court costs.1025 (3) INSURANCE COVERAGES.—The insurance coverages required 1026 under paragraph (1)(a) and subsection (2) must be issued by an 1027 insurance company or carrier licensed to transact business in 1028 this state under the Florida Insurance Code as designated in s. 1029 624.01. The department shall require a mover to present a 1030 certificate of insurance of the required coverages before 1031 issuance or renewal of a registration certificate under s. 1032 507.03. The department shall be named as a certificateholder in 1033 the certificate and must be notified at least 10 days before 1034 cancellation of insurance coverage. If a mover fails to maintain 1035 insurance coverage, the department may immediately suspend the 1036 mover’s registration or eligibility for registration, and the 1037 mover must immediately cease operating as a mover in this state. 1038 In addition, and notwithstanding the availability of any 1039 administrative relief pursuant to chapter 120, the department 1040 may seek from the appropriate circuit court an immediate 1041 injunction prohibiting the mover from operating in this state 1042 until the mover complies with this section, a civil penalty not 1043 to exceed $5,000, and court costs. 1044 Section 30. Subsection (1) of section 531.37, Florida 1045 Statutes, is amended to read: 1046 531.37 Definitions.—As used in this chapter: 1047 (1) “Weights and measures” means all weights and measures 1048 of every kind, instruments, and devices for weighing and 1049 measuring, and any appliance and accessories associated with any 1050 or all such instruments and devices, excluding taximeters, 1051 digital networks, and those weights and measures used for the 1052 purpose of inspecting the accuracy of devices used in 1053 conjunction with aviation fuel. 1054 Section 31. Section 531.61, Florida Statutes, is amended to 1055 read: 1056 531.61 Exemptions from permit requirement.—Commercial 1057 weights or measures instruments or devices are exempt from the 1058 requirements of ss. 531.60-531.66 if: 1059 (1)The device is a taximeter that is licensed, permitted,1060or registered by a municipality, county, or other local1061government and is tested for accuracy and compliance with state1062standards by the local government in cooperation with the state1063as authorized in s. 531.421.1064(2)The device is used exclusively for weighing railroad 1065 cars and is tested for accuracy and compliance with state 1066 standards by a private testing agency. 1067 (2)(3)The device is used exclusively for measuring 1068 aviation fuel or petroleum products inspected under chapter 525. 1069 Section 32. Paragraph (g) of subsection (2) of section 1070 531.63, Florida Statutes, is repealed. 1071 Section 33. Section 534.021, Florida Statutes, is amended 1072 to read: 1073 534.021 Recording of marks or brands.—The department shall 1074 be the recorder of livestock marks or brands, and the marks or 1075 brands may not be recorded elsewhere in the state. Any livestock 1076 owner who uses a mark or brand to identify her or his livestock 1077 must register the mark or brand by applying to the department. 1078 The application must be made on a form prescribed by the 1079 department and must be accompanied by a detailed drawing 1080facsimileof the brand applied for and a statement identifying 1081 the county in which the applicant has or expects to have 1082 livestock bearing the mark or brand to be recorded. The 1083 department shall, upon its satisfaction that the application 1084 meets the requirements of this chapter, record the mark or brand 1085 for exclusive statewide use by the applicant. If an application 1086 is made to record a mark or brand previously recorded, the 1087 department shall determine whether the county in which the mark 1088 or brand will be used is near enough to another county in which 1089 the previously recorded mark or brand is used to cause confusion 1090 or to aid theft or dishonesty, and if so, the department must 1091 decline to admit to record the mark or brand. If a conflict 1092 arises between the owner of any recorded mark or brand and 1093 another claiming the right to record the same mark or brand, the 1094 department must give preference to the present owner. The 1095 department shall charge and collect at the time of recording a 1096 fee of $10 for each mark or brand. A person may not use any mark 1097 or brand to which another has a prior right of record. It is 1098 unlawful to brand any animal with a brand not registered with 1099 the department. 1100 Section 34. Section 534.041, Florida Statutes, is amended 1101 to read: 1102 534.041 Renewal of certificate of mark or brand.—The 1103 registration of a mark or brand entitles the registered owner to 1104 exclusive ownership and use of the mark or brand for a period 1105 ending at midnight on the last day of the month 105years from 1106 the date of registration. Upon application, registration may be 1107 renewed, upon applicationand payment of a renewal fee of $5,1108 for successive 10-year5-yearperiods, each ending at midnight 1109 on the last day of the month 105years from the date of 1110 renewal. At least 60 days beforeprior tothe expiration of a 1111 registration, the department shall notify by letter the 1112 registered owner of the mark or brand that, upon application for 1113 renewal and payment of the renewal fee, the department will 1114 issue a renewal certificate granting the registered owner 1115 exclusive ownership and use of the mark or brand for another 10 1116 year5-yearperiod ending at midnight on the last day of the 1117 month 105years from the date of renewal. Failure to make 1118 application for renewal within the month of expiration of a 1119 registration will cause the department to send a second notice 1120 to the registered owner by mail at her or his last known 1121 address. Failure of the registered owner to make application for 1122 renewal within 30 days after receipt of the second notice will 1123 cause the owner’s mark or brand to be placed on an inactive list 1124 for a period of 12 months, after which it will be canceled and 1125 become subject to registration by another person. 1126 Section 35. Section 534.061, Florida Statutes, is repealed. 1127 Section 36. Subsection (1) of section 573.118, Florida 1128 Statutes, is amended to read: 1129 573.118 Assessment; funds; review of accounts; loans.— 1130 (1) To provide funds to defray the necessary expenses 1131 incurred by the department in the formulation, issuance, 1132 administration, and enforcement of any marketing order, every 1133 person engaged in the production, distributing, or handling of 1134 agricultural commodities within this state, and directly 1135 affected by any marketing order, shall pay to the department, at 1136 such times and in such installments as the department may 1137 prescribe, such person’s pro rata share of necessary expenses. 1138 Each person’s share of expenses shall be that proportion which 1139 the total volume of agricultural commodities produced, 1140 distributed, or handled by the person during the current 1141 marketing season, or part thereof covered by such marketing 1142 order, is of the total volume of the commodities produced, 1143 distributed, or handled by all such persons during the same 1144 current marketing season or part thereof. The department, after 1145 receiving the recommendations of the advisory council, shall fix 1146 the rate of assessment on the volume of agricultural commodities 1147 sold or some other equitable basis. For convenience of 1148 collection, upon request of the department, handlers of the 1149 commodities shall pay any producer assessments. Handlers paying 1150 assessments for and on behalf of any producers may collect the 1151 producer assessments from any moneys owed by the handlers to the 1152 producers. The collected assessments shall be deposited into the 1153 appropriate trust fund and used for the sole purpose of 1154 implementing the marketing order for which the assessment was 1155 collected. The department is not subject to s. 287.057 in the 1156 expenditure of these funds. However, the director of the 1157 Division of Fruit and VegetablesMarketing and Developmentshall 1158 file with the internal auditor of the department a certification 1159 of conditions and circumstances justifying each contract or 1160 agreement entered into without competitive bidding. 1161 Section 37. Paragraph (b) of subsection (4) of section 1162 590.02, Florida Statutes, is amended to read: 1163 590.02 Florida Forest Service; powers, authority, and 1164 duties; liability; building structures; Withlacoochee Training 1165 Center.— 1166 (4) 1167 (b) Notwithstanding s. 553.80(1), the department shall 1168 exclusively enforce the Florida Building Code as it pertains to 1169 wildfire,andlaw enforcement, and other Florida Forest Service 1170 facilities under the jurisdiction of the department. 1171 Section 38. Paragraph (a) of subsection (5) of section 1172 597.004, Florida Statutes, is amended to read: 1173 597.004 Aquaculture certificate of registration.— 1174 (5) SALE OF AQUACULTURE PRODUCTS.— 1175 (a) Aquaculture products, except shellfish, snook, and any 1176 fish of the genus Micropterus, and prohibited and restricted 1177 freshwater and marine species identified by rules of the Fish 1178 and Wildlife Conservation Commission, may be sold by an 1179 aquaculture producer certified pursuant to this section or by a 1180 dealer licensed pursuant to part VII of chapter 379 without 1181 restriction so long as the product origin can be identified. 1182 Section 39. Subsection (2) of section 604.16, Florida 1183 Statutes, is amended to read: 1184 604.16 Exceptions to provisions of ss. 604.15-604.34. 1185 Except for s. 604.22(2), the provisions of ss. 604.15-604.34 do 1186 not apply to: 1187 (2) A dealer in agricultural products who pays at the time 1188 of purchase with United States cash currency or a cash 1189 equivalent, such as a money order, cashier’s check, wire 1190 transfer, electronic funds transfer, or PIN-based debit 1191 transaction, or who pays with a credit card as defined in s. 1192 658.995(2)(a). 1193 Section 40. Subsections (2) and (4), and paragraph (b) of 1194 subsection (5) of section 790.06, Florida Statutes, are amended 1195 to read: 1196 790.06 License to carry concealed weapon or firearm.— 1197 (2) The Department of Agriculture and Consumer Services 1198 shall issue a license if the applicant: 1199 (a) Is a resident of the United States and a citizen of the 1200 United States or a permanent resident alien of the United 1201 States, as determined by the United States Bureau of Citizenship 1202 and Immigration Services, or is a consular security official of 1203 a foreign government that maintains diplomatic relations and 1204 treaties of commerce, friendship, and navigation with the United 1205 States and is certified as such by the foreign government and by 1206 the appropriate embassy in this country; 1207 (b) Is 21 years of age or older; 1208 (c) Does not suffer from a physical infirmity which 1209 prevents the safe handling of a weapon or firearm; 1210 (d) Is not ineligible to possess a firearm pursuant to s. 1211 790.23 by virtue of having been convicted of a felony; 1212 (e) Has not been:committed for the abuse of a controlled1213substance or been1214 1. Found guilty of a crime under the provisions of chapter 1215 893 or similar laws of any other state relating to controlled 1216 substances within a 3-year period immediately preceding the date 1217 on which the application is submitted; or 1218 2. Committed for the abuse of a controlled substance under 1219 chapter 397 or under the provisions of former chapter 396 or 1220 similar laws of any other state. An applicant who has been 1221 granted relief from firearms disabilities pursuant to s. 1222 790.065(2)(a)4.d. or pursuant to the law of the state where the 1223 commitment occurred is deemed not to be committed for the abuse 1224 of a controlled substance under this subparagraph; 1225 (f) Does not chronically and habitually use alcoholic 1226 beverages or other substances to the extent that his or her 1227 normal faculties are impaired. It shall be presumed that an 1228 applicant chronically and habitually uses alcoholic beverages or 1229 other substances to the extent that his or her normal faculties 1230 are impaired if the applicant has beencommitted under chapter1231397 or under the provisions of former chapter 396 or has been1232 convicted under s. 790.151 or has been deemed a habitual 1233 offender under s. 856.011(3), or has had two or more convictions 1234 under s. 316.193 or similar laws of any other state, within the 1235 3-year period immediately preceding the date on which the 1236 application is submitted; 1237 (g) Desires a legal means to carry a concealed weapon or 1238 firearm for lawful self-defense; 1239 (h) Demonstrates competence with a firearm by any one of 1240 the following: 1241 1. Completion of any hunter education or hunter safety 1242 course approved by the Fish and Wildlife Conservation Commission 1243 or a similar agency of another state; 1244 2. Completion of any National Rifle Association firearms 1245 safety or training course; 1246 3. Completion of any firearms safety or training course or 1247 class available to the general public offered by a law 1248 enforcement agency, junior college, college, or private or 1249 public institution or organization or firearms training school, 1250 using instructors certified by the National Rifle Association, 1251 Criminal Justice Standards and Training Commission, or the 1252 Department of Agriculture and Consumer Services; 1253 4. Completion of any law enforcement firearms safety or 1254 training course or class offered for security guards, 1255 investigators, special deputies, or any division or subdivision 1256 of a law enforcement agency or security enforcement; 1257 5. Presents evidence of equivalent experience with a 1258 firearm through participation in organized shooting competition 1259 or military service; 1260 6. Is licensed or has been licensed to carry a firearm in 1261 this state or a county or municipality of this state, unless 1262 such license has been revoked for cause; or 1263 7. Completion of any firearms training or safety course or 1264 class conducted by a state-certified or National Rifle 1265 Association certified firearms instructor; 1266 1267 A photocopy of a certificate of completion of any of the courses 1268 or classes; an affidavit from the instructor, school, club, 1269 organization, or group that conducted or taught such course or 1270 class attesting to the completion of the course or class by the 1271 applicant; or a copy of any document that shows completion of 1272 the course or class or evidences participation in firearms 1273 competition shall constitute evidence of qualification under 1274 this paragraph. A person who conducts a course pursuant to 1275 subparagraph 2., subparagraph 3., or subparagraph 7., or who, as 1276 an instructor, attests to the completion of such courses, must 1277 maintain records certifying that he or she observed the student 1278 safely handle and discharge the firearm in his or her physical 1279 presence and that the discharge of the firearm included live 1280 fire using a firearm and ammunition as defined in s. 790.001; 1281 (i) Has not been adjudicated an incapacitated person under 1282 s. 744.331, or similar laws of any other state. An applicant who 1283 has been granted relief from firearms disabilities pursuant to 1284 s. 790.065(2)(a)4.d. or pursuant to the law of the state where 1285 the adjudication occurred is deemed not to have been adjudicated 1286 an incapacitated person under this paragraph, unless5 years1287have elapsed since the applicant’s restoration to capacity by1288court order; 1289 (j) Has not been committed to a mental institution under 1290 chapter 394, or similar laws of any other state. An applicant 1291 who has been granted relief from firearms disabilities pursuant 1292 to s. 790.065(2)(a)4.d. or pursuant to the law of the state 1293 where the commitment occurred is deemed not to have been 1294 committed in a mental institution under this paragraph, unless1295the applicantproduces a certificate from a licensed1296psychiatrist that he or she has not suffered from disability for1297at least 5 years before the date of submission of the1298application; 1299 (k) Has not had adjudication of guilt withheld or 1300 imposition of sentence suspended on any felony unless 3 years 1301 have elapsed since probation or any other conditions set by the 1302 court have been fulfilled, or expunction has occurred; 1303 (l) Has not had adjudication of guilt withheld or 1304 imposition of sentence suspended on any misdemeanor crime of 1305 domestic violence unless 3 years have elapsed since probation or 1306 any other conditions set by the court have been fulfilled, or 1307 the record has been expunged; 1308 (m) Has not been issued an injunction that is currently in 1309 force and effect and that restrains the applicant from 1310 committing acts of domestic violence or acts of repeat violence; 1311 and 1312 (n) Is not prohibited from purchasing or possessing a 1313 firearm by any other provision of Florida or federal law. 1314 (4) The application shall be completed, under oath, on a 1315 form adopted by the Department of Agriculture and Consumer 1316 Services and shall include: 1317 (a) The name, address, place of birth, date of birth, and 1318 race of the applicant; 1319 (b) A statement that the applicant is in compliance with 1320 criteria contained within subsections (2) and (3); 1321 (c) A statement that the applicant has been furnished a 1322 copy of or a website link to this chapter and is knowledgeable 1323 of its provisions; 1324 (d) A conspicuous warning that the application is executed 1325 under oath and that a false answer to any question, or the 1326 submission of any false document by the applicant, subjects the 1327 applicant to criminal prosecution under s. 837.06; 1328 (e) A statement that the applicant desires a concealed 1329 weapon or firearms license as a means of lawful self-defense; 1330 and 1331 (f) Directions for an applicant who is a servicemember, as 1332 defined in s. 250.01, or a veteran, as defined in s. 1.01, to 1333 request expedited processing of his or her application. 1334 (5) The applicant shall submit to the Department of 1335 Agriculture and Consumer Services or an approved tax collector 1336 pursuant to s. 790.0625: 1337 (b) A nonrefundable license fee of up to $55$60if he or 1338 she has not previously been issued a statewide license or of up 1339 to $45$50for renewal of a statewide license. The cost of 1340 processing fingerprints as required in paragraph (c) shall be 1341 borne by the applicant. However, an individual holding an active 1342 certification from the Criminal Justice Standards and Training 1343 Commission as a law enforcement officer, correctional officer, 1344 or correctional probation officer as defined in s. 943.10(1), 1345 (2), (3), (6), (7), (8), or (9) is exempt from the licensing 1346 requirements of this section. If such individual wishes to 1347 receive a concealed weapon or firearm license, he or she is 1348 exempt from the background investigation and all background 1349 investigation fees but must pay the current license fees 1350 regularly required to be paid by nonexempt applicants. Further, 1351 a law enforcement officer, a correctional officer, or a 1352 correctional probation officer as defined in s. 943.10(1), (2), 1353 or (3) is exempt from the required fees and background 1354 investigation for 1 year after his or her retirement. 1355 Section 41. This act shall take effect July 1, 2017. 1356 1357 ================= T I T L E A M E N D M E N T ================ 1358 And the title is amended as follows: 1359 Delete everything before the enacting clause 1360 and insert: 1361 A bill to be entitled 1362 An act relating to the Department of Agriculture and 1363 Consumer Services; amending s. 288.1175, F.S.; 1364 specifying that applications for funding for certain 1365 agriculture education and promotion facilities must be 1366 postmarked or electronically submitted by a certain 1367 date; amending s. 472.003, F.S.; specifying that 1368 certain persons under contract with registered or 1369 certified surveyors and mappers are not subject to the 1370 provisions of ch. 472, F.S.; amending s. 472.005, 1371 F.S.; redefining the terms “practice of surveying and 1372 mapping” and “subordinate”; amending s. 472.013, F.S.; 1373 revising the standards for when an applicant is 1374 eligible to take the licensure examination to practice 1375 as a surveyor and mapper; amending s. 472.015, F.S.; 1376 revising the qualifications for licensure by 1377 endorsement; revising the requirements for a certain 1378 notice relating to insurance coverage; amending s. 1379 472.018, F.S.; revising the continuing education 1380 requirements for new licensees and license renewal; 1381 authorizing the board to provide by rule the method of 1382 delivery of, criteria for, and provisions to carryover 1383 hours for continuing education requirements; deleting 1384 a requirement that the board approve courses; 1385 requiring the board to issue cease and desist orders 1386 and enact certain penalties for continuing education 1387 providers failing to conform to board rules; requiring 1388 the department to establish a system for the 1389 administration of continuing education requirements 1390 adopted by the board; amending s. 472.025, F.S.; 1391 deleting a requirement that registrant seals be of 1392 impression-type metal; amending s. 472.033, F.S.; 1393 specifying that the department may initiate an 1394 investigation if it has reasonable cause to believe 1395 that a person is engaged in the practice of surveying 1396 and mapping without a license; amending s. 472.0351, 1397 F.S.; specifying that disciplinary actions may be 1398 taken for the unlicensed practice of surveying and 1399 mapping; amending s. 472.0366, F.S.; revising the 1400 requirements for copies of evaluation certificates 1401 that must be submitted to the Division of Emergency 1402 Management within the Executive Office of the 1403 Governor; requiring that certain copies of evaluation 1404 certificates be retained in the surveyor and mapper’s 1405 records; amending s. 487.2041, F.S.; requiring the 1406 department to adopt by rule certain United States 1407 Environmental Protection Agency regulations relating 1408 to labeling requirements for pesticides and devices; 1409 amending s. 493.6101, F.S.; specifying that a manager 1410 of a private investigative agency may manage multiple 1411 offices; amending s. 493.6105, F.S.; exempting certain 1412 partners and corporate officers from fingerprint 1413 retention requirements; revising the submission 1414 requirements for applications for Class “K” licenses; 1415 amending s. 493.6107, F.S.; deleting a specification 1416 that license fees are biennial; amending s. 493.6108, 1417 F.S.; providing an authorization to the Department of 1418 Law Enforcement to release certain mental health and 1419 substance abuse history of Class “G” or Class “K” 1420 applicants and licensees for the purpose of 1421 determining licensure eligibility; requiring licensees 1422 to notify their employer of an arrest within a 1423 specified period; amending s. 493.6112, F.S.; revising 1424 the notification requirements for changes of certain 1425 partners, officers, and employees of private 1426 investigative, security, and recovery agencies; 1427 amending s. 493.6113, F.S.; specifying that Class “G” 1428 licensees must complete requalification training for 1429 each type and caliber of firearm carried in the course 1430 of performing regulated duties; conforming 1431 terminology; amending s. 493.6115, F.S.; conforming a 1432 cross-reference; revising the circumstances under 1433 which certain licensees may carry a concealed firearm; 1434 revising the conditions under which the department may 1435 issue a temporary Class “G” license; amending s. 1436 493.6118, F.S.; providing that failure of a licensee 1437 to timely notify his or her employer of an arrest is 1438 grounds for disciplinary action by the department; 1439 requiring the department to temporarily suspend 1440 specified licenses of a licensee arrested or formally 1441 charged with certain crimes until disposition of the 1442 case; requiring the department to notify a licensee of 1443 administrative hearing rights; specifying that any 1444 hearing must be limited to a determination as to 1445 whether the licensee has been arrested or charged with 1446 a disqualifying crime; providing that the suspension 1447 may be lifted under certain circumstances; requiring 1448 the department to proceed with revocation under 1449 certain circumstances; amending s. 493.6202, F.S.; 1450 deleting a specification that license fees are 1451 biennial; amending s. 493.6203, F.S.; deleting a 1452 requirement that certain training be provided in two 1453 parts; amending s. 493.6302, F.S.; deleting a 1454 specification that license fees are biennial; amending 1455 s. 493.6303, F.S.; deleting a requirement that certain 1456 training be provided in two parts; deleting obsolete 1457 provisions; making technical changes; deleting a 1458 provision requiring that if a license is suspended, 1459 revoked, or expired for at least 1 year, that the 1460 applicant must submit proof of certain training before 1461 issuance of a new license; amending s. 493.6304, F.S.; 1462 making technical changes; amending s. 493.6402, F.S.; 1463 deleting a specification that license fees are 1464 biennial; amending s. 493.6403, F.S.; requiring that 1465 applicants for Class “E” and “EE” licenses submit 1466 proof of successful completion of certain training, 1467 rather than just completion of such training; amending 1468 s. 501.013, F.S; providing that a program or facility 1469 offered by an organization for the exclusive use of 1470 its employees and their family members is not subject 1471 to certain health studio regulations; amending s. 1472 501.059, F.S.; removing a limitation on the length of 1473 time for which the department must place certain 1474 persons on a no sales solicitation list; amending s. 1475 507.04, F.S.; making a technical change; amending s. 1476 531.37, F.S.; redefining the term “weights and 1477 measures” to exclude taximeters and digital networks; 1478 amending s. 531.61, F.S.; deleting certain taximeters 1479 from a permitting requirements for commercially 1480 operated or tested weights or measures instruments or 1481 devices; repealing s. 531.63(2)(g), F.S.; relating to 1482 maximum permit fees for taximeters; amending s. 1483 534.021, F.S.; specifying that a detailed drawing, 1484 rather than a facsimile, of a brand must accompany an 1485 application for the recording of certain marks and 1486 brands; amending s. 534.041, F.S.; extending the 1487 registration and renewal period for certain mark or 1488 brand certificates; eliminating a renewal fee; 1489 repealing s. 534.061, F.S., relating to the transfer 1490 of ownership of cattle; amending s. 573.118, F.S.; 1491 specifying that the Division of Fruit and Vegetables, 1492 rather than the Division of Marketing and Development, 1493 must file a specified certification; amending s. 1494 590.02, F.S.; specifying that the department has 1495 exclusive authority to enforce the Florida Building 1496 Code as it relates to Florida Forest Service 1497 facilities under the jurisdiction of the department; 1498 amending s. 597.004, F.S.; authorizing certain 1499 saltwater products dealers to sell certain aquaculture 1500 products without restriction under a specified 1501 circumstance; amending s. 604.16, F.S.; specifying 1502 that dealers in agricultural products who pay by 1503 credit card are exempt from certain dealer 1504 requirements; amending s. 790.06, F.S.; revising the 1505 requirements to obtain a license to carry a concealed 1506 weapon or firearm; revising the requirements of the 1507 application form; revising the license fees to obtain 1508 or renew such license; providing an effective date.