Bill Text: FL S0382 | 2010 | Regular Session | Engrossed
Bill Title: Department of Agriculture and Consumer Services [EPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2010-04-30 - In Messages; Died in Messages, companion bill(s) passed, see HB 5 (Ch. 2010-230) [S0382 Detail]
Download: Florida-2010-S0382-Engrossed.html
CS for CS for CS for SB 382 First Engrossed 2010382e1 1 A bill to be entitled 2 An act relating to the Department of Agriculture and 3 Consumer Services; creating s. 15.0455, F.S.; 4 designating the Florida Agricultural Museum in Flagler 5 County as the official state agricultural museum; 6 providing for future repeal; amending s. 369.20, F.S.; 7 requiring the Fish and Wildlife Conservation 8 Commission to enter into an agreement with the 9 Department of Environmental Protection relating to the 10 uniform application of pesticides to the waters of the 11 state; revising exemptions from water pollution 12 permits; amending s. 373.1391, F.S.; requiring that 13 the agricultural use of land present at the time of 14 fee simple acquisition be given priority regarding the 15 management of the land; amending s. 403.088, F.S.; 16 requiring a permit for applying pesticide to the 17 waters of the state; requiring the Department of 18 Environmental Protection to enter into agreements with 19 the Department of Agriculture and Consumer Services 20 and the Fish and Wildlife Conservation Commission 21 relating to the uniform application of pesticides to 22 the waters of the state; providing a temporary 23 deviation from the acute toxicity provisions provided 24 by rule for pesticide application under certain 25 circumstances; amending s. 403.9336, F.S.; revising a 26 reference to the Model Ordinance for Florida-Friendly 27 Fertilizer Use on Urban Landscapes; amending s. 28 403.9337, F.S.; providing for amendment of the model 29 ordinance by the Department of Environmental 30 Protection; revising the criteria for a local 31 government’s adoption of additional or more stringent 32 standards; amending s. 487.163, F.S.; requiring the 33 Department of Agriculture and Consumer Services to 34 enter into an agreement with the Department of 35 Environmental Protection relating to the uniform 36 application of pesticides to the waters of the state; 37 amending s. 493.6102, F.S.; specifying that provisions 38 regulating security officers do not apply to certain 39 law enforcement, correctional, and probation officers 40 performing off-duty activities; amending s. 493.6105, 41 F.S.; revising the application requirements and 42 procedures for certain private investigative, private 43 security, recovery agent, and firearm licenses; 44 specifying application requirements for firearms 45 instructor licenses; amending s. 493.6106, F.S.; 46 revising citizenship requirements and documentation 47 for certain private investigative, private security, 48 and recovery agent licenses; prohibiting the licensure 49 of applicants for a statewide firearm license or 50 firearms instructor license who are prohibited from 51 purchasing or possessing firearms; requiring that 52 private investigative, security, and recovery agencies 53 notify the Department of Agriculture and Consumer 54 Services of changes to their branch office locations; 55 amending s. 493.6107, F.S.; requiring the department 56 to accept certain methods of payment for certain fees; 57 amending s. 493.6108, F.S.; revising requirements for 58 criminal history checks of license applicants whose 59 fingerprints are not legible; requiring the 60 investigation of the mental and emotional fitness of 61 applicants for firearms instructor licenses; amending 62 s. 493.6111, F.S.; requiring a security officer school 63 or recovery agent school to obtain the department’s 64 approval for use of a fictitious name; specifying that 65 a licensee may not conduct business under more than 66 one fictitious name; amending s. 493.6113, F.S.; 67 revising application renewal procedures and 68 requirements; amending s. 493.6115, F.S.; conforming 69 cross-references; amending s. 493.6118, F.S.; 70 authorizing disciplinary action against statewide 71 firearm licensees and firearms instructor licensees 72 who are prohibited from purchasing or possessing 73 firearms; amending s. 493.6121, F.S.; deleting 74 provisions for the department’s access to certain 75 criminal history records provided to licensed gun 76 dealers, manufacturers, and exporters; amending s. 77 493.6202, F.S.; requiring the department to accept 78 certain methods of payment for certain fees; amending 79 s. 493.6203, F.S.; prohibiting bodyguard services from 80 being credited toward certain license requirements; 81 revising the training requirements for private 82 investigator intern license applicants; requiring the 83 automatic suspension of an intern’s license under 84 certain circumstances; providing an exception; 85 amending s. 493.6302, F.S.; requiring the department 86 to accept certain methods of payment for certain fees; 87 amending s. 493.6303, F.S.; revising the training 88 requirements for security officer license applicants; 89 amending s. 493.6304, F.S.; revising application 90 requirements and procedures for security officer 91 school licenses; amending s. 493.6401, F.S.; revising 92 terminology for recovery agent schools and training 93 facilities; amending s. 493.6402, F.S.; revising 94 terminology for recovery agent schools and training 95 facilities; requiring the department to accept certain 96 methods of payment for certain fees; amending s. 97 493.6406, F.S.; revising terminology; requiring 98 recovery agent school and instructor licenses; 99 providing license application requirements and 100 procedures; amending s. 500.033, F.S.; revising the 101 membership of the Florida Food Safety and Food Defense 102 Advisory Council; amending ss. 501.605 and 501.607, 103 F.S.; revising application requirements for commercial 104 telephone seller and salesperson licenses; amending s. 105 501.913, F.S.; specifying the sample size required for 106 antifreeze registration application; amending s. 107 525.01, F.S.; revising requirements for petroleum fuel 108 affidavits; amending s. 525.09, F.S.; imposing an 109 inspection fee on certain alternative fuels containing 110 alcohol; amending s. 526.50, F.S.; defining terms 111 applicable to regulation of the sale of brake fluid; 112 amending s. 526.51, F.S.; revising application 113 requirements for brake fluid permits; amending s. 114 526.52, F.S.; revising requirements for printed 115 statements on brake fluid containers; amending s. 116 526.53, F.S.; revising requirements and procedures for 117 brake fluid stop-sale orders; authorizing businesses 118 to dispose of unregistered brake fluid under certain 119 circumstances; amending s. 527.0201, F.S.; revising 120 requirements for liquefied petroleum gas qualifying 121 examinations; increasing continuing education 122 requirements for certain liquefied petroleum gas 123 qualifiers; amending s. 527.12, F.S.; providing for 124 the issuance of certain stop orders; amending ss. 125 559.805 and 559.928, F.S.; deleting social security 126 numbers as a listing requirement on registration 127 affidavits for independent agents of sellers of 128 business opportunities; amending s. 570.0725, F.S.; 129 revising provisions for public information about food 130 banks and similar food recovery programs; authorizing 131 the department to adopt rules; amending ss. 570.53 and 132 570.54, F.S.; conforming cross-references; amending s. 133 570.55, F.S.; revising requirements for identifying 134 sellers or handlers of tropical or subtropical fruit 135 or vegetables; amending s. 570.902, F.S.; conforming 136 terminology to the repeal by the act of provisions 137 establishing the Florida Agricultural Museum; amending 138 s. 570.903, F.S.; revising provisions for direct 139 support organizations for certain agricultural 140 programs to conform to the repeal by the act of 141 provisions establishing the Florida Agricultural 142 Museum; deleting provisions for a direct-support 143 organization for the Florida State Collection of 144 Arthropods; amending s. 573.118, F.S.; requiring the 145 department to maintain records of marketing orders; 146 requiring an audit at the request of an advisory 147 council; requiring that the advisory council receive a 148 copy of the audit within a specified time; amending s. 149 581.011, F.S.; deleting terminology relating to the 150 Florida State Collection of Arthropods; revising the 151 term “nursery” for purposes of plant industry 152 regulations; amending s. 581.211, F.S.; increasing the 153 maximum fine for violations of plant industry 154 regulations; amending s. 583.13, F.S.; deleting a 155 prohibition on the sale of poultry without displaying 156 the poultry grade; amending s. 585.61, F.S.; 157 designating the animal disease diagnostic laboratory 158 complex in Osceola County; amending s. 590.125, F.S.; 159 revising terminology for open burning authorizations; 160 specifying purposes of certified prescribed burning; 161 requiring the authorization of the Division of 162 Forestry for certified pile burning; providing pile 163 burning requirements; limiting the liability of 164 property owners or agents engaged in pile burning; 165 providing for the certification of pile burners; 166 providing penalties for violations by certified pile 167 burners; requiring rules; authorizing the division to 168 adopt rules regulating certified pile burning; 169 revising notice requirements for wildfire hazard 170 reduction treatments; providing for approval of local 171 government open burning authorization programs; 172 providing program requirements; authorizing the 173 division to close local government programs under 174 certain circumstances; providing penalties for 175 violations of local government open burning 176 requirements; amending s. 590.14, F.S.; authorizing 177 fines for violations of any division rule; providing 178 penalties for certain violations; providing 179 legislative intent; amending s. 599.004, F.S.; 180 revising standards that a winery must meet to qualify 181 as a certified Florida Farm Winery; amending s. 182 604.15, F.S.; revising the term “agricultural 183 products” to make tropical foliage exempt from 184 regulation under provisions relating to dealers in 185 agricultural products; defining the term “responsible 186 position”; amending s. 604.19, F.S.; revising 187 requirements for late fees on agricultural products 188 dealer applications; amending s. 604.25, F.S.; 189 revising conditions under which the department may 190 deny, refuse to renew, suspend, or revoke agricultural 191 products dealer licenses; deleting a provision 192 prohibiting certain persons from holding a responsible 193 position with a licensee; amending s. 616.242, F.S.; 194 authorizing the issuance of stop-operation orders for 195 amusement rides under certain circumstances; amending 196 s. 624.4095, F.S.; prohibiting certain gross written 197 premiums for federal multiple-peril crop insurance 198 from being included in certain insurer calculations; 199 amending s. 686.201, F.S.; exempting contracts to 200 which a seller of travel is a party from provisions 201 governing certain contracts involving commissions; 202 amending s. 790.06, F.S.; authorizing a concealed 203 firearm license applicant to submit fingerprints 204 administered by the Division of Licensing; providing 205 that a provision limiting the scope of a license to 206 carry a concealed weapon or firearm does not prohibit 207 or restrict a person having such a license from 208 transporting or storing a lawful firearm in a vehicle 209 under certain circumstances; providing that a 210 provision limiting the scope of a license to carry a 211 concealed weapon or firearm does not modify certain 212 exceptions to prohibited acts with respect to a 213 person’s right to keep and bear arms in motor vehicles 214 for self-defense and other lawful purposes; repealing 215 ss. 570.071 and 570.901, F.S., relating to the Florida 216 Agricultural Exposition and the Florida Agricultural 217 Museum; creating s. 828.126, F.S.; providing a 218 definition for the term “sexual activities” as it 219 involves animals; prohibiting persons from engaging in 220 sexual activities with animals; providing penalties; 221 providing that such prohibition does not apply to 222 normal and ordinary animal husbandry practices, 223 conformation judging practices, or accepted veterinary 224 medical practices; requiring that the department and 225 representatives of the state pest control industry 226 prepare a report for the President of the Senate, the 227 Speaker of the House of Representatives, and the 228 chairpersons of specified legislative committees by a 229 certain date; requiring that the report include 230 recommendations for changes in the law to provide for 231 disciplinary action against licensees of the pest 232 control industry under certain circumstances; 233 providing that the report may also address additional 234 issues of concern to members of the industry; 235 providing an effective date. 236 237 Be It Enacted by the Legislature of the State of Florida: 238 239 Section 1. Section 15.0455, Florida Statutes, is created to 240 read: 241 15.0455 Official state agricultural museum.— 242 (1) The Florida Agricultural Museum in Flagler County is 243 designated as the official state agricultural museum. 244 (2) This section is repealed July 1, 2020, unless reviewed 245 and reenacted by the Legislature before that date. 246 Section 2. Subsections (4) and (9) of section 369.20, 247 Florida Statutes, are amended to read: 248 369.20 Florida Aquatic Weed Control Act.— 249 (4) The commission shall also promote, develop, and support 250 research activities directed toward the more effective and 251 efficient control of aquatic plants. In the furtherance of this 252 purpose, the commission mayis authorized to: 253 (a) Accept donations and grants of funds and services from 254 both public and private sources; 255 (b) Contract or enter into agreements with public or 256 private agencies or corporations for research and development of 257 aquatic plant control methods or for the performance of aquatic 258 plant control activities. The commission may enter into an 259 agreement with the Department of Environmental Protection to 260 ensure the uniform regulation of pesticides applied to the 261 waters of the state, including provision for coordinating agency 262 staff and resources, through the implementation of permitting, 263 compliance, and enforcement activities under ss. 403.088 and 264 403.0885; 265 (c) Construct, acquire, operate, and maintain facilities 266 and equipment; and 267 (d) Enter upon, or authorize the entry upon, private 268 property for purposes of making surveys and examinations and to 269 engage in aquatic plant control activities; and such entry shall 270 not be deemed a trespass. 271 (9)A permit issued pursuant to this section forThe 272 application of herbicides to waters ofinthe state for the 273 control of aquatic plants, algae, or invasive exotic plants is 274 exempt from the requirement to obtain a water pollution 275 operation permit except as provided in ss.pursuant to s.276 403.088 and 403.0885. 277 Section 3. Paragraph (d) of subsection (1) of section 278 373.1391, Florida Statutes, is amended to read: 279 373.1391 Management of real property.— 280 (1) 281 (d) For any fee simple acquisition of a parcel which is or 282 will be leased back for agricultural purposes, or for any 283 acquisition of a less-than-fee interest in lands that is or will 284 be used for agricultural purposes, the district governing board 285 shall first consider having a soil and water conservation 286 district created pursuant to chapter 582 manage and monitor such 287 interest. Priority shall be given to the agricultural use 288 present at the time of fee simple acquisition of the parcel. 289 Section 4. Subsection (1) of section 403.088, Florida 290 Statutes, is amended to read: 291 403.088 Water pollution operation permits; conditions.— 292 (1)No person,Without the written authorization of the 293 department, a person may notshalldischarge any waste into the 294 waters ofwithinthe stateany wastewhich, by itself or in 295 combination with the wastes of other sources, reduces the 296 quality of the receiving waters below the classification 297 established for such watersthem. However, this section does 298shallnotbe deemed toprohibit the application of pesticides to 299 such watersin the statefor the control of insects, aquatic 300 weeds,oralgae, or other pests ifprovidedthe application is 301 performed in accordance with this section: 302 (a) Upon execution of the agreement provided in s. 303 487.163(3), the department may develop a permit or other 304 authorization as required by 33 U.S.C. s. 1342 for the 305 application of pesticides. A person must obtain such permit or 306 other authorization before applying pesticides to the waters of 307 the state. 308 (b) In consultation with the Department of Agriculture and 309 Consumer Services and the Fish and Wildlife Conservation 310 Commission, the department shall also develop a general permit 311 under s. 403.0885(2) for the application of pesticides. 312 (c) The department shall also enter into agreements with 313 the Department of Agriculture and Consumer Servicespursuant to314a program approved by the Department of Health,in the case of 315 insect or other pest control, and withorthe Fish and Wildlife 316 Conservation Commission,in the case of aquatic weed, other 317 aquatic pests, or algae control.The department is directed to318enter into interagency agreements to establish the procedures319for program approval.Such agreements mustshallprovide for 320 public health, welfare, and safety, as well as environmental 321 factors, and must ensure the uniform regulation of pesticides 322 applied to waters of the state, including provisions for the 323 coordination of agency staff and resources, through the 324 implementation of permitting, compliance, and enforcement 325 activities under this section and s. 403.0885. Pesticides that 326 areApproved programs must provide that only chemicalsapproved 327 for atheparticular use by the United States Environmental 328 Protection Agency or by the Department of Agriculture and 329 Consumer Servicesmay be employedandthat they beapplied in 330 accordance with registered label instructions, state standards 331 for such application, including any permit or other 332 authorization required by this subsection, andthe provisions of333 the Florida Pesticide Law, part I of chapter 487, are allowed a 334 temporary deviation from the acute toxicity provisions of the 335 department’s water quality rule, not to exceed the time 336 necessary to control the target pests, only if the application 337 does not reduce the quality of the receiving waters below the 338 classification for such waters and is not likely to adversely 339 affect any threatened or endangered species. 340 Section 5. Section 403.9336, Florida Statutes, is amended 341 to read: 342 403.9336 Legislative findings.—The Legislature finds that 343theimplementation of the Model Ordinance for Florida-Friendly 344 Fertilizer Use on Urban Landscapes(2008), which was developed345by the department in conjunction with the Florida Consumer346Fertilizer Task Force, the Department of Agriculture and347Consumer Services, and the University of Florida Institute of348Food and Agricultural Sciences,will assist in protecting the 349 quality of Florida’s surface water and groundwater resources. 350 The Legislature further finds that local conditions, including 351 variations in the types and quality of water bodies, site 352 specific soils and geology, and urban or rural densities and 353 characteristics, may necessitatethe implementation of354 additional or more stringent fertilizer management practices at 355 the local government level. 356 Section 6. Section 403.9337, Florida Statutes, is amended 357 to read: 358 403.9337 Model Ordinance for Florida-Friendly Fertilizer 359 Use on Urban Landscapes.— 360 (1) The department may amend its Model Ordinance for 361 Florida-Friendly Fertilizer Use on Urban Landscapes (2009). 362 However, any amendment of the model ordinance after July 1, 363 2010, must be adopted by order of the department. Before 364 adopting an amendment to the model ordinance, the department 365 must hold at least one public workshop to discuss and receive 366 comments on the proposed amendment. The department, at a 367 minimum, must notify interested stakeholders of the public 368 workshop, including representatives of the nursery and landscape 369 industry, the pest control industry, the Department of 370 Agriculture and Consumer Services, the University of Florida’s 371 Institute of Food and Agricultural Sciences, environmental 372 groups, and county and local governments. Such an order amending 373 the model ordinance is subject to challenge under chapter 120. 374 (2)(1)All county and municipal governments are encouraged 375 to adopt and enforce the model ordinance for Florida-Friendly 376 Fertilizer Use on urban landscapes or an equivalent requirement 377 as a mechanism for protecting local surface and groundwater 378 quality. 379 (3)(2)Each county and municipal government located within 380 the watershed of a water body or water segment that is listed as 381 impaired by nutrients pursuant to s. 403.067, mustshall, at a382minimum,adopt the most recent version of the department’s Model 383 Ordinance for Florida-Friendly Fertilizer Use on Urban 384 Landscapes. 385 (4) A local government may adopt additional or more 386 stringent standards than the model ordinance if, before 387 adoption, one of the following criteria are met: 388 (a) The local government has verified impaired waters and 389 is facing existing or possible requirements for achieving the 390 total maximum daily load established under state or federal law; 391demonstrated, as part of a comprehensive program to address392nonpoint sources of nutrient pollution which is science-based,393and economically and technically feasible, that additional or394more stringent standards than the model ordinance are necessary395in order to adequately address urban fertilizer contributions to396nonpoint source nutrient loading to a water body.397 (b) The local government has verified harm to human health 398 or harm to the environment which warrants additional consumer 399 fertilizer requirements; or 400 (c) The local government will improve water quality or 401 prevent future impacts of consumer fertilizers on the 402 environment. 403 (5) If the local government proposes more stringent 404 standards, it must documentdocumentsthat it has requested and 405 considered all relevant scientific information, including input 406 from the department, the institute, the Department of 407 Agriculture and Consumer Services, and the University of 408 Florida’sFloridaInstitute of Food and Agricultural Sciences, 409 if provided, on the need for additional or more stringent 410 provisions to address fertilizer use as a contributor to water 411 quality degradation. All documentation must become part of the 412 public record before adoption of the additional or more 413 stringent criteria. 414 (6)(3)Any county or municipal government that adopted its 415 own fertilizer use ordinance before January 1, 2009, is exempt 416 from this section. Ordinances adopted or amended on or after 417 January 1, 2009, must substantively conform to the most recent 418 version of the model fertilizer ordinance and are subject to 419 subsections (2)-(5)(1) and (2), as applicable. 420 (8)(4)This section does not apply to the use of 421 fertilizer: 422 (a) On farm operations as defined in s. 823.14;or423 (b) On lands classified as agricultural lands pursuant to 424 s. 193.461; or.425 (c) On any lands used for scientific research, including, 426 but not limited to, research on the effects of fertilizer use on 427 urban stormwater, water quality, agronomics, or horticulture. 428 Section 7. Subsection (3) is added to section 487.163, 429 Florida Statutes, to read: 430 487.163 Information; interagency cooperation.— 431 (3) The department shall enter into an agreement with the 432 Department of Environmental Protection to ensure the uniform 433 regulation of pesticides applied to waters of the state, 434 including provisions for the coordination of agency staff and 435 resources, through the implementation of permitting, compliance, 436 and enforcement activities under ss. 403.088 and 403.0885. 437 Section 8. Subsection (1) of section 493.6102, Florida 438 Statutes, is amended to read: 439 493.6102 Inapplicability of this chapter.—This chapter 440 shall not apply to: 441 (1) AnAnyindividual who is an“officer”as defined in s. 442 943.10(14), orisa law enforcement officer of the United States 443 Government, while such local, state, or federal officer is 444 engaged in her or his official duties, orwhenperforming off 445 duty as a security officer provided such activity isactivities446 approved by her or his superiors. 447 Section 9. Section 493.6105, Florida Statutes, is amended 448 to read: 449 493.6105 Initial application for license.— 450 (1) Each individual, partner, or principal officer in a 451 corporation, shall file with the department a complete 452 application accompanied by an application fee not to exceed $60, 453 except that the applicant for a Class “D” or Class “G” license 454 isshallnotberequired to submit an application fee. The 455 application fee isshallnotberefundable. 456 (a) The application submitted by any individual, partner, 457 or corporate officer mustshallbe approved by the department 458 before theprior to thatindividual, partner, or corporate 459 officer assumesassuminghis or her duties. 460 (b) Individuals who invest in the ownership of a licensed 461 agency, but do not participate in, direct, or control the 462 operations of the agency areshallnotberequired to file an 463 application. 464 (2) Each application mustshallbe signed and verified by 465 the individual under oath as provided in s. 92.525and shall be466notarized. 467 (3) The application mustshallcontain the following 468 information concerning the individual signing the application 469same: 470 (a) Name and any aliases. 471 (b) Age and date of birth. 472 (c) Place of birth. 473 (d) Social security number or alien registration number, 474 whichever is applicable. 475 (e) CurrentPresentresidence addressand his or her476residence addresses within the 5 years immediately preceding the477submission of the application. 478(f) Occupations held presently and within the 5 years479immediately preceding the submission of the application.480 (f)(g)A statement of all criminal convictions, findings of 481 guilt, and pleas of guilty or nolo contendere, regardless of 482 adjudication of guilt. 483 (g) One passport-type color photograph taken within the 6 484 months immediately preceding submission of the application. 485 (h) A statement whether he or she has ever been adjudicated 486 incompetent under chapter 744. 487 (i) A statement whether he or she has ever been committed 488 to a mental institution under chapter 394. 489 (j) A full set of fingerprints on a card provided by the 490 department and a fingerprint fee to be established by rule of 491 the department based upon costs determined by state and federal 492 agency charges and department processing costs. An applicant who 493 has, within the immediately preceding 6 months, submitted a 494 fingerprint card and fee for licensing purposes under this 495 chapter shall not be required to submit another fingerprint card 496 or fee. 497 (k) A personal inquiry waiver which allows the department 498 to conduct necessary investigations to satisfy the requirements 499 of this chapter. 500 (l) Such further facts as may be required by the department 501 to show that the individual signing the application is of good 502 moral character and qualified by experience and training to 503 satisfy the requirements of this chapter. 504(4) In addition to the application requirements outlined in505subsection (3), the applicant for a Class “C,” Class “CC,” Class506“E,” Class “EE,” or Class “G” license shall submit two color507photographs taken within the 6 months immediately preceding the508submission of the application, which meet specifications509prescribed by rule of the department. All other applicants shall510submit one photograph taken within the 6 months immediately511preceding the submission of the application.512 (4)(5)In addition to the application requirements outlined 513 under subsection (3), the applicant for a Class “C,” Class “E,” 514 Class “M,” Class “MA,” Class “MB,” or Class “MR” license shall 515 include a statement on a form provided by the department of the 516 experience which he or she believes will qualify him or her for 517 such license. 518 (5)(6)In addition to the requirements outlined in 519 subsection (3), an applicant for a Class “G” license shall 520 satisfy minimum training criteria for firearms established by 521 rule of the department, which training criteria shall include, 522 but is not limited to, 28 hours of range and classroom training 523 taught and administered by a Class “K” licensee; however, no 524 more than 8 hours of such training shall consist of range 525 training. If the applicant can show proof that he or she is an 526 active law enforcement officer currently certified under the 527 Criminal Justice Standards and Training Commission or has 528 completed the training required for that certification within 529 the last 12 months, or if the applicant submits one of the 530 certificates specified in paragraph (6)(a)(7)(a), the 531 department may waive the foregoing firearms training 532 requirement. 533 (6)(7)In addition to the requirements under subsection 534 (3), an applicant for a Class “K” license shall: 535 (a) Submit one of the following certificates: 536 1. The Florida Criminal Justice Standards and Training 537 CommissionFirearmsInstructor’s Certificate and confirmation by 538 the commission that the applicant is authorized to provide 539 firearms instruction. 540 2. The National Rifle Association Law EnforcementPolice541 Firearms Instructor’s Certificate. 5423. The National Rifle Association Security Firearms543Instructor’s Certificate.544 3.4.A firearms instructor’s training certificate issued by 545 any branch of the United States Armed Forces,froma federal law 546 enforcement academy or agency,state, county,ormunicipal547policeacademy in this state recognized as such by the Criminal 548 Justice Standards and Training Commissionor by the Department549of Education. 550 (b) Pay the fee for and pass an examination administered by 551 the department which shall be based upon, but is not necessarily 552 limited to, a firearms instruction manual provided by the 553 department. 554 (7)(8)In addition to the application requirements for 555 individuals, partners, or officers outlined under subsection 556 (3), the application for an agency license shall contain the 557 following information: 558 (a) The proposed name under which the agency intends to 559 operate. 560 (b) The street address, mailing address, and telephone 561 numbers of the principal location at which business is to be 562 conducted in this state. 563 (c) The street address, mailing address, and telephone 564 numbers of all branch offices within this state. 565 (d) The names and titles of all partners or, in the case of 566 a corporation, the names and titles of its principal officers. 567 (8)(9)Upon submission of a complete application, a Class 568 “CC,” Class “C,” Class “D,” Class “EE,” Class “E,” Class “M,” 569 Class “MA,” Class “MB,” or Class “MR” applicant may commence 570 employment or appropriate duties for a licensed agency or branch 571 office. However, the Class “C” or Class “E” applicant must work 572 under the direction and control of a sponsoring licensee while 573 his or her application is being processed. If the department 574 denies application for licensure, the employment of the 575 applicant must be terminated immediately, unless he or she 576 performs only unregulated duties. 577 Section 10. Paragraph (f) of subsection (1) and paragraph 578 (a) of subsection (2) of section 493.6106, Florida Statutes, are 579 amended, and paragraph (g) is added to subsection (1) of that 580 section, to read: 581 493.6106 License requirements; posting.— 582 (1) Each individual licensed by the department must: 583 (f) Be a citizen or permanent legal resident alien of the 584 United States or have appropriatebeen grantedauthorization 585 issuedto seek employment in this countryby the United States 586Bureau ofCitizenship and Immigration Services of the United 587 States Department of Homeland Security. 588 1. An applicant for a Class “C,” Class “CC,” Class “D,” 589 Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class 590 “MB,” Class “MR,” or Class “RI” license who is not a United 591 States citizen must submit proof of current employment 592 authorization issued by the Citizenship and Immigration Services 593 or proof that she or he is deemed a permanent legal resident 594 alien by the Citizenship and Immigration Services. 595 2. An applicant for a Class “G” or Class “K” license who is 596 not a United States citizen must submit proof that she or he is 597 deemed a permanent legal resident alien by the Citizenship and 598 Immigration Services, together with additional documentation 599 establishing that she or he has resided in the state of 600 residence shown on the application for at least 90 consecutive 601 days before the date that the application is submitted. 602 3. An applicant for an agency or school license who is not 603 a United States citizen or permanent legal resident alien must 604 submit documentation issued by the Citizenship and Immigration 605 Services stating that she or he is lawfully in the United States 606 and is authorized to own and operate the type of agency or 607 school for which she or he is applying. An employment 608 authorization card issued by the Citizenship and Immigration 609 Services is not sufficient documentation. 610 (g) Not be prohibited from purchasing or possessing a 611 firearm by state or federal law if the individual is applying 612 for a Class “G” license or a Class “K” license. 613 (2) Each agency shall have a minimum of one physical 614 location within this state from which the normal business of the 615 agency is conducted, and this location shall be considered the 616 primary office for that agency in this state. 617 (a) If an agency or branch office desires to change the 618 physical location of the business, as it appears on theagency619 license, the department must be notified within 10 days of the 620 change, and, except upon renewal, the fee prescribed in s. 621 493.6107 must be submitted for each license requiring revision. 622 Each license requiring revision must be returned with such 623 notification. 624 Section 11. Subsection (3) of section 493.6107, Florida 625 Statutes, is amended to read: 626 493.6107 Fees.— 627 (3) The fees set forth in this section must be paid by 628certifiedcheck or money orderor, at the discretion of the629department, by agency checkat the time the application is 630 approved, except that the applicant for a Class “G” or Class “M” 631 license must pay the license fee at the time the application is 632 made. If a license is revoked or denied or if the application is 633 withdrawn, the license fee shall not be refunded. 634 Section 12. Paragraph (a) of subsection (1) and subsection 635 (3) of section 493.6108, Florida Statutes, are amended to read: 636 493.6108 Investigation of applicants by Department of 637 Agriculture and Consumer Services.— 638 (1) Except as otherwise provided, prior to the issuance of 639 a license under this chapter, the department shall make an 640 investigation of the applicant for a license. The investigation 641 shall include: 642 (a)1. An examination of fingerprint records and police 643 records. When a criminal history analysis of any applicant under 644 this chapter is performed by means of fingerprint card 645 identification, the time limitations prescribed by s. 120.60(1) 646 shall be tolled during the time the applicant’s fingerprint card 647 is under review by the Department of Law Enforcement or the 648 United States Department of Justice, Federal Bureau of 649 Investigation. 650 2. If a legible set of fingerprints, as determined by the 651 Department of Law Enforcement or the Federal Bureau of 652 Investigation, cannot be obtained after two attempts, the 653 Department of Agriculture and Consumer Services may determine 654 the applicant’s eligibility based upon a criminal history record 655 check under the applicant’s name conducted by the Department of 656 Law Enforcement if theand the Federal Bureau of Investigation.657A set offingerprints are taken by a law enforcement agency or 658 the department and the applicant submits a written statement 659 signed by the fingerprint technician or a licensed physician 660 stating that there is a physical condition that precludes 661 obtaining a legible set of fingerprints or that the fingerprints 662 taken are the best that can be obtainedis sufficient to meet663this requirement. 664 (3) The department shall also investigate the mental 665 history and current mental and emotional fitness of any Class 666 “G” or Class “K” applicant, and may deny a Class “G” or Class 667 “K” license to anyone who has a history of mental illness or 668 drug or alcohol abuse. 669 Section 13. Subsection (4) of section 493.6111, Florida 670 Statutes, is amended to read: 671 493.6111 License; contents; identification card.— 672 (4) Notwithstanding the existence of a valid Florida 673 corporate registration, annoagency or school licensee may not 674 conduct activities regulated under this chapter under any 675 fictitious name without prior written authorization from the 676 department to use that name in the conduct of activities 677 regulated under this chapter. The department may not authorize 678 the use of a name which is so similar to that of a public 679 officer or agency, or of that used by another licensee, that the 680 public may be confused or misled thereby. The authorization for 681 the use of a fictitious name shall require, as a condition 682 precedent to the use of such name, the filing of a certificate 683 of engaging in business under a fictitious name under s. 865.09. 684 ANolicensee may notshall be permitted toconduct business 685 under more than one fictitious name except as separately 686 licensed nor shall the license be valid to protect any licensee 687 who is engaged inthebusiness under any name other than that 688 specified in the license. An agency desiring to change its 689 licensed name shall notify the department and, except upon 690 renewal, pay a fee not to exceed $30 for each license requiring 691 revision including those of all licensed employees except Class 692 “D” or Class “G” licensees. Upon the return of such licenses to 693 the department, revised licenses shall be provided. 694 Section 14. Subsection (2) and paragraph (a) of subsection 695 (3) of section 493.6113, Florida Statutes, are amended to read: 696 493.6113 Renewal application for licensure.— 697 (2) At leastNo less than90 days beforeprior tothe 698 expiration date of the license, the department shall mail a 699 written notice to the last known mailingresidenceaddress of 700 the licenseefor individual licensees and to the last known701agency address for agencies. 702 (3) Each licensee shall be responsible for renewing his or 703 her license on or before its expiration by filing with the 704 department an application for renewal accompanied by payment of 705 the prescribed license fee. 706 (a) Each Class “B”Class “A,” Class “B,” or Class “R”707 licensee shall additionally submit on a form prescribed by the 708 department a certification of insurance which evidences that the 709 licensee maintains coverage as required under s. 493.6110. 710 Section 15. Subsection (8), paragraph (d) of subsection 711 (12), and subsection (16) of section 493.6115, Florida Statutes, 712 are amended to read: 713 493.6115 Weapons and firearms.— 714 (8) A Class “G” applicant must satisfy the minimum training 715 criteria as set forth in s. 493.6105(5)(6)and as established by 716 rule of the department. 717 (12) The department may issue a temporary Class “G” 718 license, on a case-by-case basis, if: 719 (d) The applicant has received approval from the department 720 subsequent to its conduct of a criminal history record check as 721 authorized in s. 493.6108(1)(a)1.493.6121(6).722 (16) If the criminal history record check program 723 referenced in s. 493.6108(1)(a)1.493.6121(6)is inoperable, the 724 department may issue a temporary “G” license on a case-by-case 725 basis, provided that the applicant has met all statutory 726 requirements for the issuance of a temporary “G” license as 727 specified in subsection (12), excepting the criminal history 728 record check stipulated there; provided, that the department 729 requires that the licensed employer of the applicant conduct a 730 criminal history record check of the applicant pursuant to 731 standards set forth in rule by the department, and provide to 732 the department an affidavit containing such information and 733 statements as required by the department, including a statement 734 that the criminal history record check did not indicate the 735 existence of any criminal history that would prohibit licensure. 736 Failure to properly conduct such a check, or knowingly providing 737 incorrect or misleading information or statements in the 738 affidavit shall constitute grounds for disciplinary action 739 against the licensed agency, including revocation of license. 740 Section 16. Paragraph (u) of subsection (1) of section 741 493.6118, Florida Statutes, is redesignated as paragraph (v), 742 and a new paragraph (u) is added to that subsection to read: 743 493.6118 Grounds for disciplinary action.— 744 (1) The following constitute grounds for which disciplinary 745 action specified in subsection (2) may be taken by the 746 department against any licensee, agency, or applicant regulated 747 by this chapter, or any unlicensed person engaged in activities 748 regulated under this chapter. 749 (u) For a Class “G” or a Class “K” applicant or licensee, 750 being prohibited from purchasing or possessing a firearm by 751 state or federal law. 752 Section 17. Subsections (7) and (8) of section 493.6121, 753 Florida Statutes, are renumbered as subsections (6) and (7), 754 respectively, and present subsection (6) of that section is 755 amended, to read: 756 493.6121 Enforcement; investigation.— 757(6) The department shall be provided access to the program758that is operated by the Department of Law Enforcement, pursuant759to s.790.065, for providing criminal history record information760to licensed gun dealers, manufacturers, and exporters. The761department may make inquiries, and shall receive responses in762the same fashion as provided under s.790.065. The department763shall be responsible for payment to the Department of Law764Enforcement of the same fees as charged to others afforded765access to the program.766 Section 18. Subsection (3) of section 493.6202, Florida 767 Statutes, is amended to read: 768 493.6202 Fees.— 769 (3) The fees set forth in this section must be paid by 770certifiedcheck or money orderor, at the discretion of the771department, by agency checkat the time the application is 772 approved, except that the applicant for a Class “G,” Class “C,” 773 Class “CC,” Class “M,” or Class “MA” license must pay the 774 license fee at the time the application is made. If a license is 775 revoked or denied or if the application is withdrawn, the 776 license fee shall not be refunded. 777 Section 19. Subsections (2), (4), and (6) of section 778 493.6203, Florida Statutes, are amended to read: 779 493.6203 License requirements.—In addition to the license 780 requirements set forth elsewhere in this chapter, each 781 individual or agency shall comply with the following additional 782 requirements: 783 (2) An applicant for a Class “MA” license shall have 2 784 years of lawfully gained, verifiable, full-time experience, or 785 training in: 786 (a) Private investigative work or related fields of work 787 that provided equivalent experience or training; 788 (b) Work as a Class “CC” licensed intern; 789 (c) Any combination of paragraphs (a) and (b); 790 (d) Experience described in paragraph (a) for 1 year and 791 experience described in paragraph (e) for 1 year; 792 (e) No more than 1 year using: 793 1. College coursework related to criminal justice, 794 criminology, or law enforcement administration; or 795 2. Successfully completed law enforcement-related training 796 received from any federal, state, county, or municipal agency; 797 or 798 (f) Experience described in paragraph (a) for 1 year and 799 work in a managerial or supervisory capacity for 1 year. 800 801 However, experience in performing bodyguard services is not 802 creditable toward the requirements of this subsection. 803 (4) An applicant for a Class “C” license shall have 2 years 804 of lawfully gained, verifiable, full-time experience, or 805 training in one, or a combination of more than one, of the 806 following: 807 (a) Private investigative work or related fields of work 808 that provided equivalent experience or training. 809 (b) College coursework related to criminal justice, 810 criminology, or law enforcement administration, or successful 811 completion of any law enforcement-related training received from 812 any federal, state, county, or municipal agency, except that no 813 more than 1 year may be used from this category. 814 (c) Work as a Class “CC” licensed intern. 815 816 However, experience in performing bodyguard services is not 817 creditable toward the requirements of this subsection. 818 (6)(a) A Class “CC” licensee shall serve an internship 819 under the direction and control of a designated sponsor, who is 820 a Class “C,” Class “MA,” or Class “M” licensee. 821 (b) Effective January 1, 2011September 1, 2008, before 822 submission of an application to the department, theanapplicant 823 for a Class “CC” license must have completed a minimum of 40at824least 24hours of professional traininga 40-hour course825 pertaining to general investigative techniques and this chapter, 826 which course is offered by a state university or by a school, 827 community college, college, or university under the purview of 828 the Department of Education, and the applicant must pass an 829 examination. The training must be provided in two parts, one 24 830 hour course and one 16-hour course. The certificate evidencing 831 satisfactory completion of the 40at least 24hours of 832 professional traininga 40-hour coursemust be submitted with 833 the application for a Class “CC” license.The remaining 16 hours834must be completed and an examination passed within 180 days. If835documentation of completion of the required training is not836submitted within the specified timeframe, the individual’s837license is automatically suspended or his or her authority to838work as a Class “CC” pursuant to s.493.6105(9) is rescinded839until such time as proof of certificate of completion is840provided to the department.The trainingcoursespecified in 841 this paragraph may be provided by face-to-face presentation, 842 online technology, or a home study course in accordance with 843 rules and procedures of the Department of Education. The 844 administrator of the examination must verify the identity of 845 each applicant taking the examination. 846 1. Upon an applicant’s successful completion of each part 847 of the approved trainingcourseand passage of any required 848 examination, the school, community college, college, or 849 university shall issue a certificate of completion to the 850 applicant. The certificates must be on a form established by 851 rule of the department. 852 2. The department shall establish by rule the general 853 content of the professional trainingcourseand the examination 854 criteria. 855 3. If the license of an applicant for relicensure ishas856beeninvalid for more than 1 year, the applicant must complete 857 the required training and pass any required examination. 858 (c) An individual who submits an application for a Class 859 “CC” license on or after September 1, 2008, through December 31, 860 2010, who has not completed the 16-hour course must submit proof 861 of successful completion of the course within 180 days after the 862 date the application is submitted. If documentation of 863 completion of the required training is not submitted by that 864 date, the individual’s license is automatically suspended until 865 proof of the required training is submitted to the department. 866 An individual licensed on or before August 31, 2008, is not 867 required to complete additional training hours in order to renew 868 an active license beyond the required total amount of training, 869 and within the timeframe, in effect at the time he or she was 870 licensed. 871 Section 20. Subsection (3) of section 493.6302, Florida 872 Statutes, is amended to read: 873 493.6302 Fees.— 874 (3) The fees set forth in this section must be paid by 875certifiedcheck or money orderor, at the discretion of the876department, by agency checkat the time the application is 877 approved, except that the applicant for a Class “D,” Class “G,” 878 Class “M,” or Class “MB” license must pay the license fee at the 879 time the application is made. If a license is revoked or denied 880 or if the application is withdrawn, the license fee shall not be 881 refunded. 882 Section 21. Subsection (4) of section 493.6303, Florida 883 Statutes, is amended to read: 884 493.6303 License requirements.—In addition to the license 885 requirements set forth elsewhere in this chapter, each 886 individual or agency shall comply with the following additional 887 requirements: 888 (4)(a) Effective January 1, 2011, an applicant for a Class 889 “D” license must submit proof of successful completion of 890completea minimum of 40 hours of professional training at a 891 school or training facility licensed by the department. The 892 training must be provided in two parts, one 24-hour course and 893 one 16-hour course. The department shall by rule establish the 894 general content and number of hours of each subject area to be 895 taught. 896 (b) An individual who submits an application for a Class 897 “D” license on or after January 1, 2007, through December 31, 898 2010, who has not completed the 16-hour course must submit proof 899 of successful completion of the course within 180 days after the 900 date the application is submitted. If documentation of 901 completion of the required training is not submitted by that 902 date, the individual’s license is automatically suspended until 903 proof of the required training is submitted to the department. 904 This section does not require a person licensed before January 905 1, 2007, to complete additional training hours in order to renew 906 an active license beyond the required total amount of training 907 within the timeframe prescribed by law at the time he or she was 908 licensed.An applicant may fulfill the training requirement909prescribed in paragraph (a) by submitting proof of:9101. Successful completion of the total number of required911hours of training before initial application for a Class “D”912license; or9132. Successful completion of 24 hours of training before914initial application for a Class “D” license and successful915completion of the remaining 16 hours of training within 180 days916after the date that the application is submitted. If917documentation of completion of the required training is not918submitted within the specified timeframe, the individual’s919license is automatically suspended until such time as proof of920the required training is provided to the department.921 (c) An individualHowever, any personwhose license is 922 suspended orhas beenrevoked, suspendedpursuant to paragraph 923 (b)subparagraph 2., or is expired for at least 1 year,or924longeris considered, upon reapplication for a license, an 925 initial applicant and must submit proof of successful completion 926 of 40 hours of professional training at a school or training 927 facility licensed by the department as providedprescribedin 928 paragraph (a) before a license iswill beissued.Any person929whose license was issued before January 1, 2007, and whose930license has been expired for less than 1 year must, upon931reapplication for a license, submit documentation of completion932of the total number of hours of training prescribed by law at933the time her or his initial license was issued before another934license will be issued. This subsection does not require an935individual licensed before January 1, 2007, to complete936additional training hours in order to renew an active license,937beyond the required total amount of training within the938timeframe prescribed by law at the time she or he was licensed.939 Section 22. Subsection (2) of section 493.6304, Florida 940 Statutes, is amended to read: 941 493.6304 Security officer school or training facility.— 942 (2) The application shall be signed and verified by the 943 applicant under oath as provided in s. 92.525notarizedand 944 shall contain, at a minimum, the following information: 945 (a) The name and address of the school or training facility 946 and, if the applicant is an individual, her or his name, 947 address, and social security or alien registration number. 948 (b) The street address of the place at which the training 949 is to be conducted. 950 (c) A copy of the training curriculum and final examination 951 to be administered. 952 Section 23. Subsections (7) and (8) of section 493.6401, 953 Florida Statutes, are amended to read: 954 493.6401 Classes of licenses.— 955 (7) Any person who operates a recovery agentrepossessor956 school or training facility or who conducts an Internet-based 957 training course or a correspondence training course must have a 958 Class “RS” license. 959 (8) Any individual who teaches or instructs at a Class “RS” 960 recovery agentrepossessorschool or training facility shall 961 have a Class “RI” license. 962 Section 24. Paragraphs (f) and (g) of subsection (1) and 963 subsection (3) of section 493.6402, Florida Statutes, are 964 amended to read: 965 493.6402 Fees.— 966 (1) The department shall establish by rule biennial license 967 fees which shall not exceed the following: 968 (f) Class “RS” license—recovery agentrepossessorschool or 969 training facility: $60. 970 (g) Class “RI” license—recovery agentrepossessorschool or 971 training facility instructor: $60. 972 (3) The fees set forth in this section must be paid by 973certifiedcheck or money order, or, at the discretion of the974department, by agency checkat the time the application is 975 approved, except that the applicant for a Class “E,” Class “EE,” 976 or Class “MR” license must pay the license fee at the time the 977 application is made. If a license is revoked or denied, or if an 978 application is withdrawn, the license fee shall not be refunded. 979 Section 25. Section 493.6406, Florida Statutes, is amended 980 to read: 981 493.6406 Recovery agentRepossession servicesschool or 982 training facility.— 983 (1) Any school, training facility, or instructor who offers 984 the training outlined in s. 493.6403(2) for Class “E” or Class 985 “EE” applicants shall, before licensure of such school, training 986 facility, or instructor, file with the department an application 987 accompanied by an application fee in an amount to be determined 988 by rule, not to exceed $60. The fee shall not be refundable. 989 This training may be offered as face-to-face training, Internet 990 based training, or correspondence training. 991 (2) The application shall be signed and verified by the 992 applicant under oath as provided in s. 92.525notarizedand 993 shall contain, at a minimum, the following information: 994 (a) The name and address of the school or training facility 995 and, if the applicant is an individual, his or her name, 996 address, and social security or alien registration number. 997 (b) The street address of the place at which the training 998 is to be conducted or the street address of the Class “RS” 999 school offering Internet-based or correspondence training. 1000 (c) A copy of the training curriculum and final examination 1001 to be administered. 1002 (3) The department shall adopt rules establishing the 1003 criteria for approval of schools, training facilities, and 1004 instructors. 1005 Section 26. Section 500.033, Florida Statutes, is amended 1006 to read: 1007 500.033 Florida Food Safety and Food Defense Advisory 1008 Council.— 1009 (1) There is created the Florida Food Safety and Food 1010 Defense Advisory Council for the purpose of serving as a forum 1011 for presenting, investigating, and evaluating issues of current 1012 importance to the assurance of a safe and secure food supply to 1013 the citizens of Florida. The Florida Food Safety and Food 1014 Defense Advisory Council shall consist of, but not be limited 1015 to: the Commissioner of Agriculture or his or her designee; the 1016 State Surgeon General or his or her designee; the Secretary of 1017 Business and Professional Regulation or his or her designee; the 1018 person responsible for domestic security with the Department of 1019 Law Enforcement; members representing the production, 1020 processing, distribution, and sale of foods; members 1021 representing small farmers; consumers or members of citizens 1022 groups; representatives of food industry groups; scientists or 1023 other experts in aspects of food safety from state universities; 1024 representatives from local, state, and federal agencies that are 1025 charged with responsibilities for food safety or food defense; 1026 the chairs of the Agriculture Committees of the Senate and the 1027 House of Representatives or their designees; and the chairs of 1028 the committees of the Senate and the House of Representatives 1029 with jurisdictional oversight of home defense issues or their 1030 designees. The Commissioner of Agriculture shall appoint the 1031 remaining members. The council shall make periodic reports to 1032 the Department of Agriculture and Consumer Services concerning 1033 findings and recommendations in the area of food safety and food 1034 defense. 1035 (2) The council shall consider the development of 1036 appropriate advice or recommendations on food safety or food 1037 defense issues. In the discharge of their duties, the council 1038 members may receive for review confidential data exempt from the 1039 provisions of s. 119.07(1); however, it is unlawful for any 1040 member of the council to use the data for his or her advantage 1041 or reveal the data to the general public. 1042 Section 27. Paragraph (a) of subsection (2) of section 1043 501.605, Florida Statutes, is amended to read: 1044 501.605 Licensure of commercial telephone sellers.— 1045 (2) An applicant for a license as a commercial telephone 1046 seller must submit to the department, in such form as it 1047 prescribes, a written application for the license. The 1048 application must set forth the following information: 1049 (a) The true name, date of birth, driver’s license number, 1050social security number,and home address of the applicant, 1051 including each name under which he or she intends to do 1052 business. 1053 1054 The application shall be accompanied by a copy of any: Script, 1055 outline, or presentation the applicant will require or suggest a 1056 salesperson to use when soliciting, or, if no such document is 1057 used, a statement to that effect; sales information or 1058 literature to be provided by the applicant to a salesperson; and 1059 sales information or literature to be provided by the applicant 1060 to a purchaser in connection with any solicitation. 1061 Section 28. Paragraph (a) of subsection (1) of section 1062 501.607, Florida Statutes, is amended to read: 1063 501.607 Licensure of salespersons.— 1064 (1) An applicant for a license as a salesperson must submit 1065 to the department, in such form as it prescribes, a written 1066 application for a license. The application must set forth the 1067 following information: 1068 (a) The true name, date of birth, driver’s license number, 1069social security number,and home address of the applicant. 1070 Section 29. Subsection (2) of section 501.913, Florida 1071 Statutes, is amended to read: 1072 501.913 Registration.— 1073 (2) The completed application shall be accompanied by: 1074 (a) Specimens or facsimiles of the label for each brand of 1075 antifreeze; 1076 (b) An application fee of $200 for each brand; and 1077 (c) A properly labeled sample of at least 1 gallon, but not 1078 more than 2 gallons, of each brand of antifreeze. 1079 Section 30. Subsection (2) of section 525.01, Florida 1080 Statutes, is amended to read: 1081 525.01 Gasoline and oil to be inspected.— 1082 (2) All petroleum fuels areshall besubject to inspection 1083 and analysis by the department. Before selling or offering for 1084 sale in this state any petroleum fuel, all manufacturers, 1085 terminal suppliers, wholesalers, and importers as defined in s. 1086 206.01jobbersshall file with the department: 1087 (a) An affidavit stating that they desire to do business in 1088 this state, and the name and address of the manufacturer of the 1089 petroleum fuel. 1090 (b) An affidavit stating that the petroleum fuel is in 1091 conformity with the standards prescribed by department rule. 1092 Section 31. Subsections (1) and (3) of section 525.09, 1093 Florida Statutes, are amended to read: 1094 525.09 Inspection fee.— 1095 (1) For the purpose of defraying the expenses incident to 1096 inspecting, testing, and analyzing petroleum fuels in this 1097 state, there shall be paid to the department a charge of one 1098 eighth cent per gallon on all gasoline, alternative fuel 1099 containing alcohol as defined in s. 525.01(1)(c)1. or 2., 1100 kerosene (except when used as aviation turbine fuel), and #1 1101 fuel oil for sale or use in this state. This inspection fee 1102 shall be imposed in the same manner as the motor fuel tax 1103 pursuant to s. 206.41. Payment shall be made on or before the 1104 25th day of each month. 1105 (3) All remittances to the department for the inspection 1106 tax herein provided shall be accompanied by a detailed report 1107 under oath showing the number of gallons of gasoline, 1108 alternative fuel containing alcohol as defined in s. 1109 525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered 1110 in each county. 1111 Section 32. Section 526.50, Florida Statutes, is amended to 1112 read: 1113 526.50 Definition of terms.—As used in this part: 1114 (1) “Brake fluid” means the fluid intended for use as the 1115 liquid medium through which force is transmitted in the 1116 hydraulic brake system of a vehicle operated upon the highways. 1117 (2) “Brand” means the product name appearing on the label 1118 of a container of brake fluid. 1119 (3) “Container” means any receptacle in which brake fluid 1120 is immediately contained when sold, but does not mean a carton 1121 or wrapping in which a number of such receptacles are shipped or 1122 stored or a tank car or truck. 1123 (4)(2)“Department” means the Department of Agriculture and 1124 Consumer Services. 1125 (5) “Formula” means the name of the chemical mixture or 1126 composition of the brake fluid product. 1127 (6) “Labeling” includes all written, printed or graphic 1128 representations, in any form whatsoever, imprinted upon or 1129 affixed to any container of brake fluid. 1130 (7) “Permit year” means a period of 12 months commencing 1131 July 1 and ending on the next succeeding June 30. 1132 (8) “Registrant” means any manufacturer, packer, 1133 distributor, seller, or other person who has registered a brake 1134 fluid with the department. 1135 (9)(3)“Sell” includes give, distribute, barter, exchange, 1136 trade, keep for sale, offer for sale or expose for sale, in any 1137 of their variant forms. 1138(4)“Labeling” includes all written, printed or graphic1139representations, in any form whatsoever, imprinted upon or1140affixed to any container of brake fluid.1141(5)“Container” means any receptacle in which brake fluid1142is immediately contained when sold, but does not mean a carton1143or wrapping in which a number of such receptacles are shipped or1144stored or a tank car or truck.1145(6)“Permit year” means a period of 12 months commencing1146July 1 and ending on the next succeeding June 30.1147(7)“Registrant” means any manufacturer, packer,1148distributor, seller, or other person who has registered a brake1149fluid with the department.1150 Section 33. Section 526.51, Florida Statutes, is amended to 1151 read: 1152 526.51 Registration; renewal and fees; departmental 1153 expenses; cancellation or refusal to issue or renew.— 1154 (1)(a) Application for registration of each brand of brake 1155 fluid shall be made on forms to be supplied by the department. 1156 The applicant shall give his or her name and address and the 1157 brand name of the brake fluid, state that he or she owns the 1158 brand name and has complete control over the product sold 1159 thereunder in Florida, and provide the name and address of the 1160 resident agent in Florida. If the applicant does not own the 1161 brand name but wishes to register the product with the 1162 department, a notarized affidavit that gives the applicant full 1163 authorization to register the brand name and that is signed by 1164 the owner of the brand name must accompany the application for 1165 registration. The affidavit must include all affected brand 1166 names, the owner’s company or corporate name and address, the 1167 applicant’s company or corporate name and address, and a 1168 statement from the owner authorizing the applicant to register 1169 the product with the department. The owner of the brand name 1170 shall maintain complete control over each product sold under 1171 that brand name in this state. All first-time brand-formula 1172 combinationnew productapplications must be accompanied by a 1173 certified report from an independent testing laboratory, setting 1174 forth the analysis of the brake fluid which shall show its 1175 quality to be not less than the specifications established by 1176 the department for brake fluids. A sample of not less than 24 1177 fluid ounces of brake fluid shall be submitted, in a container 1178 or containers, with labels representing exactly how the 1179 containers of brake fluid will be labeled when sold, and the 1180 sample and container shall be analyzed and inspected by the 1181 Division of Standards in order that compliance with the 1182 department’s specifications and labeling requirements may be 1183 verified. Upon approval of the application, the department shall 1184 register the brand name of the brake fluid and issue to the 1185 applicant a permit authorizing the registrant to sell the brake 1186 fluid in this state during the permit year specified in the 1187 permit. 1188 (b) Each applicant shall pay a fee of $100 with each 1189 application. A permit may be renewed by application to the 1190 department, accompanied by a renewal fee of $50 on or before the 1191 last day of the permit year immediately preceding the permit 1192 year for which application is made for renewal of registration. 1193 To any fee not paid when due, there shall accrue a penalty of 1194 $25, which shall be added to the renewal fee. Renewals will be 1195 accepted only on brake fluids that have no change in formula, 1196 composition, or brand name. Any change in formula, composition, 1197 or brand name of any brake fluid constitutes a new product that 1198 must be registered in accordance with this part. 1199 (2) All fees collected under the provisions of this section 1200 shall be credited to the General Inspection Trust Fund of the 1201 department and all expenses incurred in the enforcement of this 1202 part shall be paid from said fund. 1203 (3) The department may cancel, refuse to issue or refuse to 1204 renew any registration and permit after due notice and 1205 opportunity to be heard if it finds that the brake fluid is 1206 adulterated or misbranded or that the registrant has failed to 1207 comply with the provisions of this part or the rules and 1208 regulations promulgated thereunder. 1209 Section 34. Paragraph (a) of subsection (3) of section 1210 526.52, Florida Statutes, is amended to read: 1211 526.52 Specifications; adulteration and misbranding.— 1212 (3) Brake fluid is deemed to be misbranded: 1213 (a) If its container does not bear on its side or top a 1214 label on which is printed the name and place of business of the 1215 registrant of the product, the words “brake fluid,” and a 1216 statement that the product therein equals or exceeds the minimum 1217 specification of the Society of Automotive Engineers for heavy 1218 duty-type brake fluid or equals or exceeds Federal Motor Vehicle 1219 Safety Standard No. 116 adopted by the United States Department 1220 of Transportation, heavy-duty-type. By regulation the department 1221 may require that the duty-type classification appear on the 1222 label. 1223 Section 35. Subsection (2) of section 526.53, Florida 1224 Statutes, is amended to read: 1225 526.53 Enforcement; inspection and analysis, stop-sale and 1226 disposition, regulations.— 1227 (2)(a) When any brake fluid is sold in violation of any of 1228 the provisions of this part, all such affected brake fluid of 1229 the same brand nameon the same premises on which the violation1230occurredshall be placed under a stop-sale order by the 1231 department by serving the owner of the brand name, distributor, 1232 or other entity responsible for selling or distributing the 1233 product in the state with the stop-sale order. The department 1234 shall withdraw its stop-sale order upon the removal of the 1235 violation or upon voluntary destruction of the product, or other 1236 disposal approved by the department, under the supervision of 1237 the department. 1238 (b) In addition to being subject to the stop-sale 1239 procedures above, unregistered brake fluid shall be held by the 1240 department or its representative, at a place to be designated in 1241 the stop-sale order, until properly registered and released in 1242 writing by the department or its representative. If application 1243 ishasnotbeenmade for registration of thesuchproduct within 1244 30 days after issue of the stop-sale order, such product shall 1245 be disposed of by the department, or, with the department’s 1246 consent, by the business, to any tax-supported institution or 1247 agency of the state if the brake fluid meets legal 1248 specifications or by other disposal authorized by rule of the 1249 department if it fails to meet legal specifications. 1250 Section 36. Subsections (1) and (3) and paragraphs (a) and 1251 (c) of subsection (5) of section 527.0201, Florida Statutes, are 1252 amended to read: 1253 527.0201 Qualifiers; master qualifiers; examinations.— 1254 (1) In addition to the requirements of s. 527.02, any 1255 person applying for a license to engage in the activities of a 1256 pipeline system operator, category I liquefied petroleum gas 1257 dealer, category II liquefied petroleum gas dispenser, category 1258 IV liquefied petroleum gas dispenser and recreational vehicle 1259 servicer, category V liquefied petroleum gases dealer for 1260 industrial uses only, LP gas installer, specialty installer, 1261 requalifierrequalificationof cylinders, or fabricator, 1262 repairer, and tester of vehicles and cargo tanks must prove 1263 competency by passing a written examination administered by the 1264 department or its agent with a grade of at least 75 percent in 1265 each area testedor above. Each applicant for examination shall 1266 submit a $20 nonrefundable fee. The department shall by rule 1267 specify the general areas of competency to be covered by each 1268 examination and the relative weight to be assigned in grading 1269 each area tested. 1270 (3) Qualifier cards issued to category I liquefied 1271 petroleum gas dealers and liquefied petroleum gas installers 1272 shall expire 3 years after the date of issuance. All category I 1273 liquefied petroleum gas dealer qualifiers and liquefied 1274 petroleum gas installer qualifiers holding a valid qualifier 1275 card upon the effective date of this act shall retain their 1276 qualifier status until July 1, 2003, and may sit for the master 1277 qualifier examination at any time during that time period. All 1278 such category I liquefied petroleum gas dealer qualifiers and 1279 liquefied petroleum gas installer qualifiers may renew their 1280 qualification on or before July 1, 2003, upon application to the 1281 department, payment of a $20 renewal fee, and documentation of 1282 the completion of a minimum of 1612hours of approved 1283 continuing education courses, as defined by department rule, 1284 during the previous 3-year period. Applications for renewal must 1285 be made 30 calendar days prior to expiration. Persons failing to 1286 renew prior to the expiration date must reapply and take a 1287 qualifier competency examination in order to reestablish 1288 category I liquefied petroleum gas dealer qualifier and 1289 liquefied petroleum gas installer qualifier status. If a 1290 category I liquefied petroleum gas qualifier or liquefied 1291 petroleum gas installer qualifier becomes a master qualifier at 1292 any time during the effective date of the qualifier card, the 1293 card shall remain in effect until expiration of the master 1294 qualifier certification. 1295 (5) In addition to all other licensing requirements, each 1296 category I liquefied petroleum gas dealer and liquefied 1297 petroleum gas installer must, at the time of application for 1298 licensure, identify to the department one master qualifier who 1299 is a full-time employee at the licensed location. This person 1300 shall be a manager, owner, or otherwise primarily responsible 1301 for overseeing the operations of the licensed location and must 1302 provide documentation to the department as provided by rule. The 1303 master qualifier requirement shall be in addition to the 1304 requirements of subsection (1). 1305 (a) In order to apply for certification as a master 1306 qualifier, each applicant must be a category I liquefied 1307 petroleum gas dealer qualifier or liquefied petroleum gas 1308 installer qualifier, must be employed by a licensed category I 1309 liquefied petroleum gas dealer, liquefied petroleum gas 1310 installer, or applicant for such license, must provide 1311 documentation of a minimum of 1 year’s work experience in the 1312 gas industry, and must pass a master qualifier competency 1313 examination. Master qualifier examinations shall be based on 1314 Florida’s laws, rules, and adopted codes governing liquefied 1315 petroleum gas safety, general industry safety standards, and 1316 administrative procedures. The examination must be successfully 1317 passedcompletedby the applicant with a grade of at least 75 1318 percentor more. Each applicant for master qualifier status 1319 shall submit to the department a nonrefundable $30 examination 1320 fee prior to the examination. 1321 (c) Master qualifier status shall expire 3 years after the 1322 date of issuance of the certificate and may be renewed by 1323 submission to the department of documentation of completion of 1324 at least 1612hours of approved continuing education courses 1325 during the 3-year period; proof of employment with a licensed 1326 category I liquefied petroleum gas dealer, liquefied petroleum 1327 gas installer, or applicant; and a $30 certificate renewal fee. 1328 The department shall define, by rule, approved courses of 1329 continuing education. 1330 Section 37. Section 527.12, Florida Statutes, is amended to 1331 read: 1332 527.12 Cease and desist orders; stop-use orders; stop 1333 operation orders; stop-sale orders; administrative fines.— 1334 (1) Whenever the department hasshall havereason to 1335 believe that any person is violating or has violatedbeen1336violating provisions ofthis chapter or any rules adopted under 1337 this chapterpursuant thereto, the departmentitmay issue a 1338 cease and desist order,orimpose a civil penalty, or do both 1339may issue such cease and desist order and impose a civil1340penalty. 1341 (2) Whenever a person or liquefied petroleum gas system or 1342 storage facility, or any part or component thereof, fails to 1343 comply with this chapter or any rules adopted under this 1344 chapter, the department may issue a stop-use order, stop 1345 operation order, or stop-sale order. 1346 Section 38. Subsection (1) of section 559.805, Florida 1347 Statutes, is amended to read: 1348 559.805 Filings with the department; disclosure of 1349 advertisement identification number.— 1350 (1) Every seller of a business opportunity shall annually 1351 file with the department a copy of the disclosure statement 1352 required by s. 559.803 beforeprior toplacing an advertisement 1353 or making any other representation designed to offer to, sell 1354 to, or solicit an offer to buy a business opportunity from a 1355 prospective purchaser in this state and shall update this filing 1356 by reporting any material change in the required information 1357 within 30 days after the material change occurs. An 1358 advertisement is not placed in the state merely because the 1359 publisher circulates, or there is circulated on his or her 1360 behalf in the state, any bona fide newspaper or other 1361 publication of general, regular, and paid circulation which has 1362 had more than two-thirds of its circulation during the past 12 1363 months outside the state or because a radio or television 1364 program originating outside the state is received in the state. 1365 If the seller is required by s. 559.807 to provide a bond or 1366 establish a trust account or guaranteed letter of credit, he or 1367 she shall contemporaneously file with the department a copy of 1368 the bond, a copy of the formal notification by the depository 1369 that the trust account is established, or a copy of the 1370 guaranteed letter of credit. Every seller of a business 1371 opportunity shall file with the department a list of independent 1372 agents who will engage in the offer or sale of business 1373 opportunities on behalf of the seller in this state. This list 1374 must be kept current and shall include the following 1375 information: name, home and business address, telephone number, 1376 present employer,social security number,and birth date. ANo1377 person may notshall be allowed tooffer or sell business 1378 opportunities unless the required information ishas been1379 provided to the department. 1380 Section 39. Subsection (3) of section 559.928, Florida 1381 Statutes, is amended to read: 1382 559.928 Registration.— 1383 (3) Each independent agent shall annually file an affidavit 1384 with the department beforeprior toengaging in business in this 1385 state. This affidavit must include the independent agent’s full 1386 name, legal business or trade name, mailing address, business 1387 address, telephone number,social security number,and the name 1388 or names and addresses of each seller of travel represented by 1389 the independent agent. A letter evidencing proof of filing must 1390 be issued by the department and must be prominently displayed in 1391 the independent agent’s primary place of business. Each 1392 independent agent must also submit an annual registration fee of 1393 $50. All moneys collected pursuant to the imposition of the fee 1394 shall be deposited by the Chief Financial Officer into the 1395 General Inspection Trust Fund of the Department of Agriculture 1396 and Consumer Services for the sole purpose of administrating 1397 this part. As used in this subsection, the term “independent 1398 agent” means a person who represents a seller of travel by 1399 soliciting persons on its behalf; who has a written contract 1400 with a seller of travel which is operating in compliance with 1401 this part and any rules adopted thereunder; who does not receive 1402 a fee, commission, or other valuable consideration directly from 1403 the purchaser for the seller of travel; who does not at any time 1404 have any unissued ticket stock or travel documents in his or her 1405 possession; and who does not have the ability to issue tickets, 1406 vacation certificates, or any other travel document. The term 1407 “independent agent” does not include an affiliate of the seller 1408 of travel, as that term is used in s. 559.935(3), or the 1409 employees of the seller of travel or of such affiliates. 1410 Section 40. Subsection (7) of section 570.0725, Florida 1411 Statutes, is amended to read: 1412 570.0725 Food recovery; legislative intent; department 1413 functions.— 1414 (7) For public information purposes, the department may 1415shalldevelop and provideapublic informationbrochure1416 detailing the need for food banks and similaroffood recovery 1417 programs, the benefit of suchfood recoveryprograms, the manner 1418 in whichsuchorganizations may become involved in suchfood1419recoveryprograms, and the protection afforded to such programs 1420 under s. 768.136, and the food recovery entities or food banks1421that exist in the state.This brochure must be updated annually.1422 A food bank or similar food recovery organization seeking to be 1423 included on a list of such organizations must notify the 1424 department and provide the information required by rule of the 1425 department. Such organizations are responsible for updating the 1426 information and providing the updated information to the 1427 department. The department may adopt rules to implement this 1428 section. 1429 Section 41. Paragraph (e) of subsection (6) of section 1430 570.53, Florida Statutes, is amended to read: 1431 570.53 Division of Marketing and Development; powers and 1432 duties.—The powers and duties of the Division of Marketing and 1433 Development include, but are not limited to: 1434 (6) 1435 (e) Extending in every practicable way the distribution and 1436 sale of Florida agricultural products throughout the markets of 1437 the world as required of the department by s.ss.570.07(7), 1438 (8), (10), and (11)and570.071and chapters 571, 573, and 574. 1439 Section 42. Subsection (2) of section 570.54, Florida 1440 Statutes, is amended to read: 1441 570.54 Director; duties.— 1442 (2) It shall be the duty of the director of this division 1443 to supervise, direct, and coordinate the activities authorized 1444 by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and 1445 (20),570.071,570.21, 534.47-534.53, and 604.15-604.34 and 1446 chapters 504, 571, 573, and 574 and to exercise other powers and 1447 authority as authorized by the department. 1448 Section 43. Subsection (4) of section 570.55, Florida 1449 Statutes, is amended to read: 1450 570.55 Identification of sellers or handlers of tropical or 1451 subtropical fruit and vegetables; containers specified; 1452 penalties.— 1453 (4) IDENTIFICATION OF HANDLER.—At the time of each 1454 transaction involving the handling or sale of 55 pounds or more 1455 of tropical or subtropical fruit or vegetables in the primary 1456 channel of trade, the buyer or receiver of the tropical or 1457 subtropical fruit or vegetables shall demand a bill of sale, 1458 invoice, sales memorandum, or other document listing the date of 1459 the transaction, the quantity of the tropical or subtropical 1460 fruit or vegetables involved in the transaction, and the 1461 identification of the seller or handler as it appears on the 1462 driver’s license of the seller or handler, including the 1463 driver’s license number. If the seller or handler does not 1464 possess a driver’s license, the buyer or receiver shall use any 1465 other acceptable means of identification, which may include, but 1466 is not limited to,i.e.,voter’s registration card and number, 1467 draft card,social security card,or other identification. 1468 However, no less than two identification documents shall be 1469 used. The identification of the seller or handler shall be 1470 recorded on the bill of sale, sales memorandum, invoice, or 1471 voucher, which shall be retained by the buyer or receiver for a 1472 period of not less than 1 year from the date of the transaction. 1473 Section 44. Subsection (3) of section 570.902, Florida 1474 Statutes, is amended to read: 1475 570.902 Definitions; ss. 570.902 and 570.903.—For the 1476 purpose of ss. 570.902 and 570.903: 1477(3) “Museum” means the Florida Agricultural Museum which is1478designated as the museum for agriculture and rural history of1479the State of Florida.1480 Section 45. Section 570.903, Florida Statutes, is amended 1481 to read: 1482 570.903 Direct-support organization.— 1483 (1) When the Legislature authorizes the establishment of a 1484 direct-support organization to provide assistance forthe1485museums,the Florida Agriculture in the Classroom Program,the1486Florida State Collection of Arthropods,the Friends of the 1487 Florida State Forests Program of the Division of Forestry, and 1488 the Forestry Arson Alert Program, and other programs of the 1489 department, the following provisions shall govern the creation, 1490 use, powers, and duties of the direct-support organization. 1491 (a) The department shall enter into a memorandum or letter 1492 of agreement with the direct-support organization, which shall 1493 specify the approval of the department, the powers and duties of 1494 the direct-support organization, and rules with which the 1495 direct-support organization shall comply. 1496 (b) The department may permit, without charge, appropriate 1497 use of property, facilities, and personnel of the department by 1498 a direct-support organization, subject to the provisions of ss. 1499 570.902 and 570.903. The use shall be directly in keeping with 1500 the approved purposes of the direct-support organization and 1501 shall not be made at times or places that would unreasonably 1502 interfere with opportunities for the general public to use 1503 department facilities for established purposes. 1504 (c) The department shall prescribe by contract or by rule 1505 conditions with which a direct-support organization shall comply 1506 in order to use property, facilities, or personnel of the 1507 departmentor museum. Such rules shall provide for budget and 1508 audit review and oversight by the department. 1509 (d) The department shall not permit the use of property, 1510 facilities, or personnel of themuseum,department,or 1511 designated program by a direct-support organization which does 1512 not provide equal employment opportunities to all persons 1513 regardless of race, color, religion, sex, age, or national 1514 origin. 1515 (2)(a) The direct-support organization shall be empowered 1516 to conduct programs and activities; raise funds; request and 1517 receive grants, gifts, and bequests of money; acquire, receive, 1518 hold, invest, and administer, in its own name, securities, 1519 funds, objects of value, or other property, real or personal; 1520 and make expenditures to or for the direct or indirect benefit 1521 of themuseum ordesignated program. 1522 (b) Notwithstanding the provisions of s. 287.057, the 1523 direct-support organization may enter into contracts or 1524 agreements with or without competitive bidding for the 1525restoration of objects, historical buildings, and other1526historical materials or for the purchase of objects, historical1527buildings, and other historical materials which are to be added1528to the collections of the museum, orbenefit of the designated 1529 program. However, before the direct-support organization may 1530 enter into a contract or agreement without competitive bidding, 1531 the direct-support organization shall file a certification of 1532 conditions and circumstances with the internal auditor of the 1533 department justifying each contract or agreement. 1534 (c) Notwithstanding the provisions of s. 287.025(1)(e), the 1535 direct-support organization may enter into contracts to insure 1536 property of themuseum ordesignated programsand may insure1537objects or collections on loan from others in satisfying1538security terms of the lender. 1539 (3) The direct-support organization shall provide for an 1540 annual financial audit in accordance with s. 215.981. 1541 (4) Neither a designated programor a museum,nor a 1542 nonprofit corporation trustee or employee may: 1543 (a) Receive a commission, fee, or financial benefit in 1544 connection with the sale or exchange of propertyhistorical1545objects or propertiesto the direct-support organization, the1546museum,or the designated program; or 1547 (b) Be a business associate of any individual, firm, or 1548 organization involved in the sale or exchange of property to the 1549 direct-support organization, the museum,or the designated 1550 program. 1551 (5) All moneys received by the direct-support organization 1552 shall be deposited into an account of the direct-support 1553 organization and shall be used by the organization in a manner 1554 consistent with the goals of themuseum ordesignated program. 1555 (6) The identity of a donor or prospective donor who 1556 desires to remain anonymous and all information identifying such 1557 donor or prospective donor are confidential and exempt from the 1558 provisions of s. 119.07(1) and s. 24(a), Art. I of the State 1559 Constitution. 1560 (7) The Commissioner of Agriculture, or the commissioner’s 1561 designee, may serve on the board of trustees and the executive 1562 committee of any direct-support organization established to 1563 benefitthe museum orany designated program. 1564(8) The department shall establish by rule archival1565procedures relating to museum artifacts and records. The rules1566shall provide procedures which protect the museum’s artifacts1567and records equivalent to those procedures which have been1568established by the Department of State under chapters 257 and1569267.1570 Section 46. Subsection (4) of section 573.118, Florida 1571 Statutes, is amended to read: 1572 573.118 Assessment; funds; audit; loans.— 1573 (4) In the event of levying and collecting of assessments, 1574 for each fiscal year in which assessment funds are received by 1575 the department, the department shall maintain records of 1576 collections and expenditures for each marketing order separately 1577 within the state’s accounting system. If requested by an 1578 advisory council, department staff shall cause to be made a 1579 thoroughannualaudit of thebooks andaccountsby a certified1580public accountant, such audit to be completed within 60 days 1581 after the request is receivedend of the fiscal year. The 1582 advisory councildepartment and all producers and handlers1583covered by the marketing ordershall be provided a copy of the 1584properly advised of the details of the annual officialaudit of 1585 the accountsas shown by the certified public accountantwithin 1586 30 days after completion of the audit. 1587 Section 47. Subsections (18) through (30) of section 1588 581.011, Florida Statutes, are renumbered as subsections (17) 1589 through (29), respectively, and present subsections (17) and 1590 (20) of that section are amended to read: 1591 581.011 Definitions.—As used in this chapter: 1592(17) “Museum” means the Florida State Collection of1593Arthropods.1594 (19)(20)“Nursery” means any grounds or premises on or in 1595 which nursery stock is grown, propagated, or held for sale or 1596 distribution, includingexcept whereaquatic plant speciesare1597 tended for harvest in the natural environment. 1598 Section 48. Paragraph (a) of subsection (3) of section 1599 581.211, Florida Statutes, is amended to read: 1600 581.211 Penalties for violations.— 1601 (3)(a)1. In addition to any other provision of law, the 1602 department may, after notice and hearing, impose an 1603 administrative fine not exceeding $10,000$5,000for each 1604 violation of this chapter, upon any person, nurseryman, stock 1605 dealer, agent or plant broker. The fine, when paid, shall be 1606 deposited in the Plant Industry Trust Fund. In addition, the 1607 department may place the violator on probation for up to 1 year, 1608 with conditions. 1609 2. The imposition of a fine or probation pursuant to this 1610 subsection may be in addition to or in lieu of the suspension or 1611 revocation of a certificate of registration or certificate of 1612 inspection. 1613 Section 49. Section 583.13, Florida Statutes, is amended to 1614 read: 1615 583.13 Labeling and advertising requirements for dressed 1616 poultry; unlawful acts.— 1617 (1) It is unlawful for any dealer or broker to sell, offer 1618 for sale, or hold for the purpose of sale in the state any 1619 dressed or ready-to-cook poultry in bulk unless thesuchpoultry 1620 is packed in a container clearly bearing a label, not less than 1621 3 inches by 5 inches, on which shall be plainly and legibly 1622 printed, in letters of not less than 1/4 inch highin height, 1623the grade andthe part name or whole-bird statement of such 1624 poultry.The grade may be expressed in the term “premium,”1625“good,” or “standard,” or as the grade of another state or1626federal agency the standards of quality of which, by law, are1627equal to the standards of quality provided by this law and rules1628promulgated hereunder.1629 (2) It is unlawful to sell unpackaged dressed or ready-to 1630 cook poultry at retail unless such poultry is labeled by a 1631 placard immediately adjacent to the poultry or unless each bird 1632 is individually labeled to showthe grade andthe part name or 1633 whole-bird statement. The placard shall be no smaller than 7 1634 inches by 7 inches in size, and the required labeling 1635 information shall be legibly and plainly printed on the placard 1636 in letters not smaller than 1 inch in height. 1637 (3) It is unlawful to sell packaged dressed or ready-to 1638 cook poultry at retail unless such poultry is labeled to show 1639the grade,the part name or whole-bird statement, the net weight 1640 of the poultry, and the name and address of the dealer. The size 1641 of the type on the label must be one-eighth inch or larger. A 1642 placard immediately adjacent to such poultry may be used to 1643 indicatethe grade andthe part name or whole-bird statement, 1644 but not the net weight of the poultry or the name and address of 1645 the dealer. 1646 (4) It is unlawful to use dressed or ready-to-cook poultry 1647 in bulk in the preparation of food served to the public, or to 1648 hold such poultry for the purpose of such use, unless the 1649 poultry when received was packed in a container clearly bearing 1650 a label, not less than 3 inches by 5 inches, on which was 1651 plainly and legibly printed, in letters not less than 1/4one1652fourthinch highin height,the grade andthe part name or 1653 whole-bird statement of such poultry.The grade may be expressed1654in the term “premium,” “good,” or “standard,” or as the grade of1655another state or federal agency the standards of quality of1656which, by law, are equal to the standards of quality provided by1657this law and rules promulgated hereunder.1658 (5) It is unlawful to offer dressed or ready-to-cook 1659 poultry for sale in any advertisement in a newspaper or 1660 circular, on radio or television, or in any other form of 1661 advertising without plainly designating in such advertisement 1662the grade andthe part name or whole-bird statement of such 1663 poultry. 1664 Section 50. Subsection (1) of section 585.61, Florida 1665 Statutes, is amended to read: 1666 585.61 Animal disease diagnostic laboratories.— 1667 (1) There is hereby created and established an animal 1668 disease diagnostic laboratory in Osceola County and Suwannee 1669 County. The laboratory complex in Osceola County is designated 1670 as “The Bronson Animal Disease Diagnostic Laboratory.” 1671 Section 51. Section 590.125, Florida Statutes, is amended 1672 to read: 1673 590.125 Open burning authorized by the division.— 1674 (1) DEFINITIONS.—As used in this section, the term: 1675 (a) “Certified pile burner” means an individual who 1676 successfully completes the division’s pile burning certification 1677 program and possesses a valid pile burner certification number. 1678(a)“Prescribed burning” means the controlled application1679of fire in accordance with a written prescription for vegetative1680fuels under specified environmental conditions while following1681appropriate precautionary measures that ensure that the fire is1682confined to a predetermined area to accomplish the planned fire1683or land-management objectives.1684 (b) “Certified prescribed burn manager” means an individual 1685 who successfully completes the certified prescribed burning 1686certificationprogram of the division and possesses a valid 1687 certification number. 1688(c)“Prescription” means a written plan establishing the1689criteria necessary for starting, controlling, and extinguishing1690a prescribed burn.1691 (c)(d)“Extinguished” means:that no spreading flame1692 1. For wild land burning or certified prescribed burning, 1693 that no spreading flames exist.and no visible flame, smoke, or1694emissions1695 2. For vegetative land-clearing debris burning or pile 1696 burning, that no visible flames exist. 1697 3. For vegetative land-clearing debris burning or pile 1698 burning in an area designated as smoke sensitive by the 1699 division, that no visible flames, smoke, or emissions exist. 1700 (d) “Land-clearing operation” means the uprooting or 1701 clearing of vegetation in connection with the construction of 1702 buildings and rights-of-way, land development, and mineral 1703 operations. The term does not include the clearing of yard 1704 trash. 1705 (e) “Pile burning” means the burning of silvicultural, 1706 agricultural, or land-clearing and tree-cutting debris 1707 originating onsite, which is stacked together in a round or 1708 linear fashion, including, but not limited to, a windrow. 1709 (f) “Prescribed burning” means the controlled application 1710 of fire in accordance with a written prescription for vegetative 1711 fuels under specified environmental conditions while following 1712 appropriate precautionary measures that ensure that the fire is 1713 confined to a predetermined area to accomplish the planned fire 1714 or land-management objectives. 1715 (g) “Prescription” means a written plan establishing the 1716 criteria necessary for starting, controlling, and extinguishing 1717 a prescribed burn. 1718 (h) “Yard trash” means vegetative matter resulting from 1719 landscaping and yard maintenance operations and other such 1720 routine property cleanup activities. The term includes materials 1721 such as leaves, shrub trimmings, grass clippings, brush, and 1722 palm fronds. 1723 (2) NONCERTIFIED BURNING.— 1724 (a) Persons may be authorized to burn wild land or 1725 vegetative land-clearing debris in accordance with this 1726 subsection if: 1727 1. There is specific consent of the landowner or his or her 1728 designee; 1729 2. Authorization has been obtained from the division or its 1730 designated agent before starting the burn; 1731 3. There are adequate firebreaks at the burn site and 1732 sufficient personnel and firefighting equipment for the control 1733 of the fire; 1734 4. The fire remains within the boundary of the authorized 1735 area; 1736 5. Someone is present at the burn site until the fire is 1737 extinguished; 1738 6. The division does not cancel the authorization; and 1739 7. The division determines that air quality and fire danger 1740 are favorable for safe burning. 1741 (b) A person who burns wild land or vegetative land 1742 clearing debris in a manner that violates any requirement of 1743 this subsection commits a misdemeanor of the second degree, 1744 punishable as provided in s. 775.082 or s. 775.083. 1745 (3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND 1746 PURPOSE.— 1747 (a) The application of prescribed burning is a land 1748 management tool that benefits the safety of the public, the 1749 environment, and the economy of the state. The Legislature finds 1750 that: 1751 1. Prescribed burning reduces vegetative fuels within wild 1752 land areas. Reduction of the fuel load reduces the risk and 1753 severity of wildfire, thereby reducing the threat of loss of 1754 life and property, particularly in urban areas. 1755 2. Most of Florida’s natural communities require periodic 1756 fire for maintenance of their ecological integrity. Prescribed 1757 burning is essential to the perpetuation, restoration, and 1758 management of many plant and animal communities. Significant 1759 loss of the state’s biological diversity will occur if fire is 1760 excluded from fire-dependent systems. 1761 3. Forestland and rangeland constitute significant 1762 economic, biological, and aesthetic resources of statewide 1763 importance. Prescribed burning on forestland prepares sites for 1764 reforestation, removes undesirable competing vegetation, 1765 expedites nutrient cycling, and controls or eliminates certain 1766 forest pathogens. On rangeland, prescribed burning improves the 1767 quality and quantity of herbaceous vegetation necessary for 1768 livestock production. 1769 4. The state purchased hundreds of thousands of acres of 1770 land for parks, preserves, wildlife management areas, forests, 1771 and other public purposes. The use of prescribed burning for 1772 management of public lands is essential to maintain the specific 1773 resource values for which these lands were acquired. 1774 5. A public education program is necessary to make citizens 1775 and visitors aware of the public safety, resource, and economic 1776 benefits of prescribed burning. 1777 6. Proper training in the use of prescribed burning is 1778 necessary to ensure maximum benefits and protection for the 1779 public. 1780 7. As Florida’s population continues to grow, pressures 1781 from liability issues and nuisance complaints inhibit the use of 1782 prescribed burning. Therefore, the division is urged to maximize 1783 the opportunities for prescribed burning conducted during its 1784 daytime and nighttime authorization process. 1785 (b) Certified prescribed burning pertains only to broadcast 1786 burning for purposes of silviculture, wildlife management, 1787 ecological maintenance and restoration, hazardous fuels 1788 reduction, and range and pasture management. It must be 1789 conducted in accordance with this subsection and: 1790 1. May be accomplished only when a certified prescribed 1791 burn manager is present on site with a copy of the prescription 1792 from ignition of the burn to its completion. 1793 2. Requires that a written prescription be prepared before 1794 receiving authorization to burn from the division. 1795 3. Requires that the specific consent of the landowner or 1796 his or her designee be obtained before requesting an 1797 authorization. 1798 4. Requires that an authorization to burn be obtained from 1799 the division before igniting the burn. 1800 5. Requires that there be adequate firebreaks at the burn 1801 site and sufficient personnel and firefighting equipment for the 1802 control of the fire. 1803 6. Is considered to be in the public interest and does not 1804 constitute a public or private nuisance when conducted under 1805 applicable state air pollution statutes and rules. 1806 7. Is considered to be a property right of the property 1807 owner if vegetative fuels are burned as required in this 1808 subsection. 1809 (c) Neither a property owner nor his or her agent is liable 1810 pursuant to s. 590.13 for damage or injury caused by the fire or 1811 resulting smoke or considered to be in violation of subsection 1812 (2) for burns conducted in accordance with this subsection 1813 unless gross negligence is proven. 1814 (d) Any certified burner who violates this section commits 1815 a misdemeanor of the second degree, punishable as provided in s. 1816 775.082 or s. 775.083. 1817 (e) The division shall adopt rules for the use of 1818 prescribed burning and for certifying and decertifying certified 1819 prescribed burn managers based on their past experience, 1820 training, and record of compliance with this section. 1821 (4) CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND 1822 PURPOSE.— 1823 (a) Pile burning is a tool that benefits current and future 1824 generations in Florida by disposing of naturally occurring 1825 vegetative debris through burning rather than disposing of the 1826 debris in landfills. 1827 (b) Certified pile burning pertains to the disposal of 1828 piled, naturally occurring debris from an agricultural, 1829 silvicultural, or temporary land-clearing operation. A land 1830 clearing operation is temporary if it operates for 6 months or 1831 less. Certified pile burning must be conducted in accordance 1832 with this subsection, and: 1833 1. A certified pile burner must ensure, before ignition, 1834 that the piles are properly placed and that the content of the 1835 piles is conducive to efficient burning. 1836 2. A certified pile burner must ensure that the piles are 1837 properly extinguished no later than 1 hour after sunset. If the 1838 burn is conducted in an area designated by the division as smoke 1839 sensitive, a certified pile burner must ensure that the piles 1840 are properly extinguished at least 1 hour before sunset. 1841 3. A written pile burn plan must be prepared before 1842 receiving authorization from the division to burn. 1843 4. The specific consent of the landowner or his or her 1844 agent must be obtained before requesting authorization to burn. 1845 5. An authorization to burn must be obtained from the 1846 division or its designated agent before igniting the burn. 1847 6. There must be adequate firebreaks and sufficient 1848 personnel and firefighting equipment at the burn site to control 1849 the fire. 1850 (c) If a burn is conducted in accordance with this 1851 subsection, the property owner and his or her agent are not 1852 liable under s. 590.13 for damage or injury caused by the fire 1853 or resulting smoke, and are not in violation of subsection (2), 1854 unless gross negligence is proven. 1855 (d) A certified pile burner who violates this section 1856 commits a misdemeanor of the second degree, punishable as 1857 provided in s. 775.082 or s. 775.083. 1858 (e) The division shall adopt rules regulating certified 1859 pile burning. The rules shall include procedures and criteria 1860 for certifying and decertifying certified pile burn managers 1861 based on past experience, training, and record of compliance 1862 with this section. 1863 (5)(4)WILDFIRE HAZARD REDUCTION TREATMENT BY THE 1864 DIVISION.—The division may conduct fuel reduction initiatives, 1865 including, but not limited to, burning and mechanical and 1866 chemical treatment, on any area of wild land within the state 1867 which is reasonably determined to be in danger of wildfire in 1868 accordance with the following procedures: 1869 (a) Describe the areas that will receive fuels treatment to 1870 the affected local governmental entity. 1871 (b) Publish a treatment notice, including a description of 1872 the area to be treated, in a conspicuous manner in at least one 1873 newspaper of general circulation in the area of the treatment 1874 not less than 10 days before the treatment. 1875 (c) Prepare,and sendthe county tax collector shall1876include with the annual tax statement,a notice tobe sent to1877 all landowners in each areatownshipdesignated by the division 1878 as a wildfire hazard area. The notice must describe particularly 1879 the area to be treated and the tentative date or dates of the 1880 treatment and must list the reasons for and the expected 1881 benefits from the wildfire hazard reduction. 1882 (d) Consider any landowner objections to the fuels 1883 treatment of his or her property. The landowner may apply to the 1884 director of the division for a review of alternative methods of 1885 fuel reduction on the property. If the director or his or her 1886 designee does not resolve the landowner objection, the director 1887 shall convene a panel made up of the local forestry unit 1888 manager, the fire chief of the jurisdiction, and the affected 1889 county or city manager, or any of their designees. If the 1890 panel’s recommendation is not acceptable to the landowner, the 1891 landowner may request further consideration by the Commissioner 1892 of Agriculture or his or her designee and shall thereafter be 1893 entitled to an administrative hearing pursuant to the provisions 1894 of chapter 120. 1895 (6) DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING 1896 AUTHORIZATION PROGRAMS.— 1897 (a) A county or municipality may exercise the division’s 1898 authority, if delegated by the division under this subsection, 1899 to issue authorizations for the burning of yard trash or debris 1900 from land-clearing operations. A county’s or municipality’s 1901 existing or proposed open burning authorization program must: 1902 1. Be approved by the division. The division shall not 1903 approve a program if it fails to meet the requirements of 1904 subsections (2) and (4) and any rules adopted under those 1905 subsections. 1906 2. Provide by ordinance or local law the requirements for 1907 obtaining and performing a burn authorization that comply with 1908 subsections (2) and (4) and any rules adopted under those 1909 subsections. 1910 3. Provide for the enforcement of the program’s 1911 requirements. 1912 4. Provide financial, personnel, and other resources needed 1913 to carry out the program. 1914 (b) If the division determines that a county’s or 1915 municipality’s open burning authorization program does not 1916 comply with subsections (2) and (4) and any rules adopted under 1917 those subsections, the division shall require the county or 1918 municipality to take necessary corrective actions within a 1919 reasonable period, not to exceed 90 days. 1920 1. If the county or municipality fails to take the 1921 necessary corrective actions within the required period, the 1922 division shall resume administration of the open burning 1923 authorization program in the county or municipality and the 1924 county or municipality shall cease administration of its 1925 program. 1926 2. Each county and municipality administering an open 1927 burning authorization program must cooperate with and assist the 1928 division in carrying out the division’s powers, duties, and 1929 functions. 1930 3. A person who violates the requirements of a county’s or 1931 municipality’s open burning authorization program, as provided 1932 by ordinance or local law enacted pursuant to this section, 1933 commits a violation of this chapter, punishable as provided in 1934 s. 590.14. 1935 (7)(5)DUTIES OF AGENCIES.—The Department of Education 1936 shall incorporate, where feasible and appropriate, the issues of 1937 fuels treatment, including prescribed burning, into its 1938 educational materials. 1939 Section 52. Section 590.14, Florida Statutes, is amended to 1940 read: 1941 590.14 Notice of violation; penalties.— 1942 (1) If a division employee determines that a person has 1943 violated chapter 589,orthis chapter, or any rule adopted by 1944 the division to administer provisions of law conferring duties 1945 upon the division, the division employeehe or shemay issue a 1946 notice of violation indicating the statute violated. This notice 1947 will be filed with the division and a copy forwarded to the 1948 appropriate law enforcement entity for further action if 1949 necessary. 1950 (2) In addition to any penalties provided by law, any 1951 person who causes a wildfire or permits any authorized fire to 1952 escape the boundaries of the authorization or to burn past the 1953 time of the authorization is liable for the payment of all 1954 reasonable costs and expenses incurred in suppressing the fire 1955 or $150, whichever is greater. All costs and expenses incurred 1956 by the division shall be payable to the division. When such 1957 costs and expenses are not paid within 30 days after demand, the 1958 division may take proper legal proceedings for the collection of 1959 the costs and expenses. Those costs incurred by an agency acting 1960 at the division’s direction are recoverable by that agency. 1961 (3) The department may also impose an administrative fine, 1962 not to exceed $1,000 per violation of any section of chapter 589 1963 or this chapter or violation of any rule adopted by the division 1964 to administer provisions of law conferring duties upon the 1965 division. The fine shall be based upon the degree of damage, the 1966 prior violation record of the person, and whether the person 1967 knowingly provided false information to obtain an authorization. 1968 The fines shall be deposited in the Incidental Trust Fund of the 1969 division. 1970 (4) A person may not: 1971 (a) Fail to comply with any rule or order adopted by the 1972 division to administer provisions of law conferring duties upon 1973 the division; or 1974 (b) Knowingly make any false statement or representation in 1975 any application, record, plan, or other document required by 1976 this chapter or any rules adopted under this chapter. 1977 (5) A person who violates paragraph (4)(a) or paragraph 1978 (4)(b) commits a misdemeanor of the second degree, punishable as 1979 provided in s. 775.082 or s. 775.083. 1980 (6) It is the intent of the Legislature that a penalty 1981 imposed by a court under subsection (5) be of a severity that 1982 ensures immediate and continued compliance with this section. 1983 (7)(4)The penalties provided in this section shall extend 1984 to both the actual violator and the person or persons, firm, or 1985 corporation causing, directing, or permitting the violation. 1986 Section 53. Paragraph (a) of subsection (1) of section 1987 599.004, Florida Statutes, is amended to read: 1988 599.004 Florida Farm Winery Program; registration; logo; 1989 fees.— 1990 (1) The Florida Farm Winery Program is established within 1991 the Department of Agriculture and Consumer Services. Under this 1992 program, a winery may qualify as a tourist attraction only if it 1993 is registered with and certified by the department as a Florida 1994 Farm Winery. A winery may not claim to be certified unless it 1995 has received written approval from the department. 1996 (a) To qualify as a certified Florida Farm Winery, a winery 1997 shall meet the following standards: 1998 1. Produce or sell less than 250,000 gallons of wine 1999 annually. 2000 2. Maintain a minimum of 10 acres of owned or managed land 2001vineyardsin Florida which produces commodities used in the 2002 production of wine. 2003 3. Be open to the public for tours, tastings, and sales at 2004 least 30 hours each week. 2005 4. Make annual application to the department for 2006 recognition as a Florida Farm Winery, on forms provided by the 2007 department. 2008 5. Pay an annual application and registration fee of $100. 2009 Section 54. Subsection (1) of section 604.15, Florida 2010 Statutes, is amended, and subsection (11) is added to that 2011 section, to read: 2012 604.15 Dealers in agricultural products; definitions.—For 2013 the purpose of ss. 604.15-604.34, the following words and terms, 2014 when used, shall be construed to mean: 2015 (1) “Agricultural products” means the natural products of 2016 the farm, nursery, grove, orchard, vineyard, garden, and apiary 2017 (raw or manufactured); sod;tropical foliage;horticulture; hay; 2018 livestock; milk and milk products; poultry and poultry products; 2019 the fruit of the saw palmetto (meaning the fruit of the Serenoa 2020 repens); limes (meaning the fruit Citrus aurantifolia, variety 2021 Persian, Tahiti, Bearss, or Florida Key limes); and any other 2022 nonexempt agricultural products produced in the state, except 2023 tobacco, sugarcane, tropical foliage, timber and timber 2024 byproducts, forest products as defined in s. 591.17, and citrus 2025 other than limes. 2026 (11) “Responsible position” means a position within the 2027 business of a dealer in agricultural products that has the 2028 authority to negotiate or make the purchase of agricultural 2029 products on behalf of the dealer’s business or has principal 2030 active management authority over the business decisions, 2031 actions, and activities of the dealer’s business in this state. 2032 Section 55. Section 604.19, Florida Statutes, is amended to 2033 read: 2034 604.19 License; fee; bond; certificate of deposit; 2035 penalty.—Unless the department refuses the application on one or 2036 more of the grounds provided in this section, it shall issue to 2037 an applicant, upon the payment of required fees and the 2038 execution and delivery of a bond or certificate of deposit as 2039 provided in this section, a state license entitling the 2040 applicant to conduct business as a dealer in agricultural 2041 products for a 1-year period to coincide with the effective 2042 period of the bond or certificate of deposit furnished by the 2043 applicant. During the 1-year period covered by a license, if the 2044 supporting surety bond or certificate of deposit is canceled for 2045 any reason, the license shall automatically expire on the date 2046 the surety bond or certificate of deposit terminates, unless an 2047 acceptable replacement is in effect before the date of 2048 termination so that continual coverage occurs for the remaining 2049 period of the license. A surety company shall give the 2050 department a 30-day written notice of cancellation by certified 2051 mail in order to cancel a bond. Cancellation of a bond or 2052 certificate of deposit doesshallnot relieve a surety company 2053 or financial institution of liability for purchases or sales 2054 occurring while the bond or certificate of deposit was in 2055 effect. The license fee, which must be paid for the principal 2056 place of business for a dealer in agricultural products, shall 2057 be based upon the amount of the dealer’s surety bond or 2058 certificate of deposit furnished by each dealer under the 2059 provisions of s. 604.20 and may not exceed $500. For each 2060 additional place in which the applicant desires to conduct 2061 business and which the applicant names in the application, the 2062 additional license fee must be paid but may not exceed $100 2063 annually. If aShould anydealer in agricultural products fails, 2064 refuses, or neglectsfail, refuse, or neglectto apply and 2065 qualify for the renewal of a license on or before itsthe date2066ofexpiration datethereof, a penalty not to exceed $100 shall 2067 apply to and be added to theoriginallicense fee for the 2068 principal place of business and to the license fee for each 2069 additional place of business named in the application and shall 2070 be paid by the applicant before the renewal license may be 2071 issued. The department by rule shall prescribe fee amounts 2072 sufficient to fund ss. 604.15-604.34. 2073 Section 56. Section 604.25, Florida Statutes, is amended to 2074 read: 2075 604.25 Denial of, refusal to renewgrant, or suspension or 2076 revocation of,license.— 2077(1)The department may deny, refuse to renew,decline to2078grant a licenseormaysuspend or revoke a licensealready2079grantedif the applicant or licensee has: 2080 (1)(a)Suffered a monetary judgment entered against the 2081 applicant or licenseeuponwhich isexecution has been returned2082 unsatisfied; 2083 (2)(b)Made false charges for handling or services 2084 rendered; 2085 (3)(c)Failed to account promptly and properly or to make 2086 settlements with any producer; 2087 (4)(d)Made any false statement or statements as to 2088 condition, quality, or quantity of goods received or held for 2089 sale when the true condition, quality, or quantity could have 2090 been ascertained by reasonable inspection; 2091 (5)(e)Made any false or misleading statement or statements 2092 as to market conditions or service rendered; 2093 (6)(f)Been guilty of a fraud in the attempt to procure, or 2094 the procurement of, a license; 2095 (7)(g)Directly or indirectly sold agricultural products 2096 received on consignment or on a net return basis for her or his 2097 own account, without prior authority from the producer 2098 consigning the same, or without notifying such producer; 2099 (8)(h)Failed to prevent a person from holding a position 2100 as the applicant’s or licensee’s owner, officer, director, 2101 general or managing partner, or employeeEmployedin a 2102 responsible positiona person, or holding any other similarly 2103 situated position, if the person holds or has held a similar 2104 position with any entity thatan officer of a corporation, who2105 has failed to fully comply with an order of the department, has 2106 not satisfied a civil judgment held by the department, has 2107 pending any administrative or civil enforcement action by the 2108 department, or has pending any criminal charges pursuant to s. 2109 604.30at any time within 1 year after issuance; 2110 (9)(i)Violated any statute or rule relating to the 2111 purchase or sale of any agricultural product, whether or not 2112 such transaction is subject to the provisions of this chapter; 2113or2114 (10)(j)Failed to submit to the department an application, 2115 appropriate license fees, and an acceptable surety bond or 2116 certificate of deposit; or.2117 (11)(2)FailedIf a licensee failsor refusedrefusesto 2118 complyin fullwith an order of the department or failed to 2119 satisfy a civil judgment owed to the department, her or his2120license may be suspended or revoked, in which case she or he2121shall not be eligible for license for a period of 1 year or2122until she or he has fully complied with the order of the2123department. 2124(3) No person, or officer of a corporation, whose license2125has been suspended or revoked for failure to comply with an2126order of the department may hold a responsible position with a2127licensee for a period of 1 year or until the order of the2128department has been fully complied with.2129 Section 57. Subsections (18) and (19) of section 616.242, 2130 Florida Statutes, are renumbered as subsections (19) and (20), 2131 respectively, and a new subsection (18) is added to that section 2132 to read: 2133 616.242 Safety standards for amusement rides.— 2134 (18) STOP-OPERATION ORDERS.—If an owner or amusement ride 2135 fails to comply with this chapter or any rule adopted under this 2136 chapter, the department may issue a stop-operation order. 2137 Section 58. Subsection (7) is added to section 624.4095, 2138 Florida Statutes, to read: 2139 624.4095 Premiums written; restrictions.— 2140 (7) For purposes of this section and s. 624.407, with 2141 regard to required capital and surplus, gross written premiums 2142 for federal multiple-peril crop insurance which are ceded to the 2143 Federal Crop Insurance Corporation and authorized reinsurers may 2144 not be included when calculating the insurer’s gross writing 2145 ratio. The liabilities for the ceded reinsurance premiums shall 2146 be netted against the asset for amounts recoverable from 2147 reinsurers. Each insurer that writes other insurance products 2148 together with federal multiple-peril crop insurance must 2149 disclose in the notes to the annual and quarterly financial 2150 statement, or file a supplement to the financial statement which 2151 discloses, a breakout of the gross written premiums for federal 2152 multiple-peril crop insurance. 2153 Section 59. Subsection (4) of section 686.201, Florida 2154 Statutes, is amended to read: 2155 686.201 Sales representative contracts involving 2156 commissions; requirements; termination of agreement; civil 2157 remedies.— 2158 (4) This section does not apply to persons licensed 2159 pursuant to chapter 475 who are performing services within the 2160 scope of their license or to contracts to which a seller of 2161 travel, as defined in s. 559.927, is a party. 2162 Section 60. Paragraph (c) of subsection (5) and subsection 2163 (12) of section 790.06, Florida Statutes, are amended to read: 2164 790.06 License to carry concealed weapon or firearm.— 2165 (5) The applicant shall submit to the Department of 2166 Agriculture and Consumer Services: 2167 (c) A full set of fingerprints of the applicant 2168 administered by a law enforcement agency or the Division of 2169 Licensing of the Department of Agriculture and Consumer 2170 Services. 2171 (12)(a) No license issued pursuant to this section shall 2172 authorize any person to carry a concealed weapon or firearm into 2173 any place of nuisance as defined in s. 823.05; any police, 2174 sheriff, or highway patrol station; any detention facility, 2175 prison, or jail; any courthouse; any courtroom, except that 2176 nothing in this section would preclude a judge from carrying a 2177 concealed weapon or determining who will carry a concealed 2178 weapon in his or her courtroom; any polling place; any meeting 2179 of the governing body of a county, public school district, 2180 municipality, or special district; any meeting of the 2181 Legislature or a committee thereof; any school, college, or 2182 professional athletic event not related to firearms; any school 2183 administration building; any portion of an establishment 2184 licensed to dispense alcoholic beverages for consumption on the 2185 premises, which portion of the establishment is primarily 2186 devoted to such purpose; any elementary or secondary school 2187 facility; any career center; any college or university facility 2188 unless the licensee is a registered student, employee, or 2189 faculty member of such college or university and the weapon is a 2190 stun gun or nonlethal electric weapon or device designed solely 2191 for defensive purposes and the weapon does not fire a dart or 2192 projectile; inside the passenger terminal and sterile area of 2193 any airport, provided that no person shall be prohibited from 2194 carrying any legal firearm into the terminal, which firearm is 2195 encased for shipment for purposes of checking such firearm as 2196 baggage to be lawfully transported on any aircraft; or any place 2197 where the carrying of firearms is prohibited by federal law. Any 2198 person who willfully violates any provision of this subsection 2199 commits a misdemeanor of the second degree, punishable as 2200 provided in s. 775.082 or s. 775.083. 2201 (b) Nothing shall prohibit or restrict a person licensed 2202 under this section from transporting or storing, for lawful 2203 purposes, a lawful firearm in a private vehicle wherever the 2204 vehicle is otherwise lawfully present. 2205 (c) This subsection does not modify the terms or conditions 2206 of s. 790.251(7). 2207 Section 61. Sections 570.071 and 570.901, Florida Statutes, 2208 are repealed. 2209 Section 62. Section 828.126, Florida Statutes, is created 2210 to read: 2211 828.126 Sexual activities involving animals.— 2212 (1) As used in this section, the term “sexual activities” 2213 means oral, anal, or vaginal penetration by, or union with, the 2214 sexual organ of an animal or the anal or vaginal penetration of 2215 an animal by any object. 2216 (2) A person may not knowingly: 2217 (a) Engage in a sexual activities with an animal; 2218 (b) Cause, aid, or abet another person to engage in sexual 2219 activities with an animal; 2220 (c) Permit any sexual activities with an animal to be 2221 conducted on any premises under his or her control; or 2222 (d) Organize, promote, conduct, advertise, aid, abet, 2223 participate in as an observer, or perform any service in the 2224 furtherance of an act involving any sexual activities with an 2225 animal for a commercial or recreational purpose. 2226 (3) A person who violates this section commits a 2227 misdemeanor of the first degree, punishable as provided in s. 2228 775.082 or s. 775.083. 2229 (4) This section does not apply to normal and ordinary 2230 animal husbandry practices, conformation judging practices, or 2231 accepted veterinary medical practices. 2232 (5) For purposes of this section, the term “animal” means 2233 any living or dead dumb creature. 2234 Section 63. The Department of Agriculture and Consumer 2235 Services shall meet with duly authorized representatives of 2236 established organizations representing the Florida pest control 2237 industry and prepare a report that shall be submitted to the 2238 President of the Senate, the Speaker of the House of 2239 Representatives, the chairperson of the Senate Committee on 2240 Agriculture, and the chairperson of the House Committee on 2241 Agribusiness by January 1, 2011. The report shall include 2242 recommended amendments to chapter 482, Florida Statutes, which 2243 provide for disciplinary action to be taken against licensees 2244 who violate laws or rules pertaining to the pretreatment of soil 2245 to protect newly constructed homes, pest control at sensitive 2246 facilities such as schools and nursing homes, and also the 2247 fumigation of existing homes for protection against termite 2248 damage, thereby providing additional safeguards for consumers. 2249 The report may also address other issues of concern to the 2250 department and to members of the industry, such as changes to 2251 requirements for professional liability insurance coverage or 2252 the amount of bond required, duties and responsibilities of a 2253 certified operator, issuance of a centralized pest control 2254 service center license, and limited certification for commercial 2255 wildlife management personnel. 2256 Section 64. This act shall take effect July 1, 2010.