Bill Text: FL S0382 | 2010 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Agriculture and Consumer Services [EPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2010-04-30 - In Messages; Died in Messages, companion bill(s) passed, see HB 5 (Ch. 2010-230) [S0382 Detail]
Download: Florida-2010-S0382-Comm_Sub.html
Bill Title: Department of Agriculture and Consumer Services [EPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2010-04-30 - In Messages; Died in Messages, companion bill(s) passed, see HB 5 (Ch. 2010-230) [S0382 Detail]
Download: Florida-2010-S0382-Comm_Sub.html
Florida Senate - 2010 CS for SB 382 By the Committee on Agriculture; and Senator Dean 575-04329-10 2010382c1 1 A bill to be entitled 2 An act relating to the Department of Agriculture and 3 Consumer Services; amending s. 373.1391, F.S.; 4 requiring that the agricultural use of land present at 5 the time of fee simple acquisition be given priority 6 regarding the management of the land; amending s. 7 403.9336, F.S.; revising a reference to the Model 8 Ordinance for Florida-Friendly Fertilizer Use on Urban 9 Landscapes; amending s. 403.9337, F.S.; providing 10 criteria for the amendment of the model ordinance; 11 authorizing the Department of Environmental Protection 12 to adopt rules updating the model ordinance; revising 13 the criteria for a local government’s adoption of 14 additional or more stringent standards; exempting 15 lands used for certain research from provisions 16 regulating fertilizer use on urban landscapes; 17 amending s. 493.6102, F.S.; specifying that provisions 18 regulating security officers do not apply to certain 19 law enforcement, correctional, and probation officers 20 performing off-duty activities; amending s. 493.6105, 21 F.S.; revising the application requirements and 22 procedures for certain private investigative, private 23 security, recovery agent, and firearm licenses; 24 specifying application requirements for firearms 25 instructor licenses; amending s. 493.6106, F.S.; 26 revising citizenship requirements and documentation 27 for certain private investigative, private security, 28 and recovery agent licenses; prohibiting the licensure 29 of applicants for a statewide firearm license or 30 firearms instructor license who are prohibited from 31 purchasing or possessing firearms; requiring that 32 private investigative, security, and recovery agencies 33 notify the Department of Agriculture and Consumer 34 Services of changes to their branch office locations; 35 amending s. 493.6107, F.S.; requiring the department 36 to accept certain methods of payment for certain fees; 37 amending s. 493.6108, F.S.; revising requirements for 38 criminal history checks of license applicants whose 39 fingerprints are not legible; requiring the 40 investigation of the mental and emotional fitness of 41 applicants for firearms instructor licenses; amending 42 s. 493.6111, F.S.; requiring a security officer school 43 or recovery agent school to obtain the department’s 44 approval for use of a fictitious name; specifying that 45 a licensee may not conduct business under more than 46 one fictitious name; amending s. 493.6113, F.S.; 47 revising application renewal procedures and 48 requirements; amending s. 493.6115, F.S.; conforming 49 cross-references; amending s. 493.6118, F.S.; 50 authorizing disciplinary action against statewide 51 firearm licensees and firearms instructor licensees 52 who are prohibited from purchasing or possessing 53 firearms; amending s. 493.6121, F.S.; deleting 54 provisions for the department’s access to certain 55 criminal history records provided to licensed gun 56 dealers, manufacturers, and exporters; amending s. 57 493.6202, F.S.; requiring the department to accept 58 certain methods of payment for certain fees; amending 59 s. 493.6203, F.S.; prohibiting bodyguard services from 60 being credited toward certain license requirements; 61 revising the training requirements for private 62 investigator intern license applicants; requiring the 63 automatic suspension of an intern’s license under 64 certain circumstances; providing an exception; 65 amending s. 493.6302, F.S.; requiring the department 66 to accept certain methods of payment for certain fees; 67 amending s. 493.6303, F.S.; revising the training 68 requirements for security officer license applicants; 69 amending s. 493.6304, F.S.; revising application 70 requirements and procedures for security officer 71 school licenses; amending s. 493.6401, F.S.; revising 72 terminology for recovery agent schools and training 73 facilities; amending s. 493.6402, F.S.; revising 74 terminology for recovery agent schools and training 75 facilities; requiring the department to accept certain 76 methods of payment for certain fees; amending s. 77 493.6406, F.S.; revising terminology; requiring 78 recovery agent school and instructor licenses; 79 providing license application requirements and 80 procedures; amending s. 500.033, F.S.; revising the 81 membership of the Florida Food Safety and Food Defense 82 Advisory Council; amending ss. 501.605 and 501.607, 83 F.S.; revising application requirements for commercial 84 telephone seller and salesperson licenses; amending s. 85 501.913, F.S.; specifying the sample size required for 86 antifreeze registration application; amending s. 87 525.01, F.S.; revising requirements for petroleum fuel 88 affidavits; amending s. 525.09, F.S.; imposing an 89 inspection fee on certain alternative fuels containing 90 alcohol; amending s. 526.50, F.S.; defining terms 91 applicable to regulation of the sale of brake fluid; 92 amending s. 526.51, F.S.; revising application 93 requirements for brake fluid permits; amending s. 94 526.52, F.S.; revising requirements for printed 95 statements on brake fluid containers; amending s. 96 526.53, F.S.; revising requirements and procedures for 97 brake fluid stop-sale orders; authorizing businesses 98 to dispose of unregistered brake fluid under certain 99 circumstances; amending s. 527.0201, F.S.; revising 100 requirements for liquefied petroleum gas qualifying 101 examinations; increasing continuing education 102 requirements for certain liquefied petroleum gas 103 qualifiers; amending s. 527.12, F.S.; providing for 104 the issuance of certain stop orders; amending ss. 105 559.805 and 559.928, F.S.; deleting social security 106 numbers as a listing requirement on registration 107 affidavits for independent agents of sellers of 108 business opportunities; amending s. 570.0725, F.S.; 109 revising provisions for public information about food 110 banks and similar food recovery programs; authorizing 111 the department to adopt rules; amending ss. 570.53 and 112 570.54, F.S.; conforming cross-references; amending s. 113 570.55, F.S.; revising requirements for identifying 114 sellers or handlers of tropical or subtropical fruit 115 or vegetables; amending s. 570.902, F.S.; conforming 116 terminology to the repeal by the act of provisions 117 establishing the Florida Agricultural Museum; amending 118 s. 570.903, F.S.; revising provisions for direct 119 support organizations for certain agricultural 120 programs to conform to the repeal by the act of 121 provisions establishing the Florida Agricultural 122 Museum; deleting provisions for a direct-support 123 organization for the Florida State Collection of 124 Arthropods; amending s. 573.118, F.S.; requiring the 125 department to maintain records of marketing orders; 126 requiring an audit at the request of an advisory 127 council; requiring that the advisory council receive a 128 copy of the audit within a specified time; amending s. 129 581.011, F.S.; deleting terminology relating to the 130 Florida State Collection of Arthropods; revising the 131 term “nursery” for purposes of plant industry 132 regulations; amending s. 581.211, F.S.; increasing the 133 maximum fine for violations of plant industry 134 regulations; amending s. 583.13, F.S.; deleting a 135 prohibition on the sale of poultry without displaying 136 the poultry grade; amending s. 585.61, F.S.; 137 designating the animal disease diagnostic laboratory 138 complex in Osceola County; amending s. 590.125, F.S.; 139 revising terminology for open burning authorizations; 140 specifying purposes of certified prescribed burning; 141 requiring the authorization of the Division of 142 Forestry for certified pile burning; providing pile 143 burning requirements; limiting the liability of 144 property owners or agents engaged in pile burning; 145 providing for the certification of pile burners; 146 providing penalties for violations by certified pile 147 burners; requiring rules; authorizing the division to 148 adopt rules regulating certified pile burning; 149 revising notice requirements for wildfire hazard 150 reduction treatments; providing for approval of local 151 government open burning authorization programs; 152 providing program requirements; authorizing the 153 division to close local government programs under 154 certain circumstances; providing penalties for 155 violations of local government open burning 156 requirements; amending s. 590.14, F.S.; authorizing 157 fines for violations of any division rule; providing 158 penalties for certain violations; providing 159 legislative intent; amending s. 599.004, F.S.; 160 revising standards that a winery must meet to qualify 161 as a certified Florida Farm Winery; amending s. 162 604.15, F.S.; revising the term “agricultural 163 products” to make tropical foliage exempt from 164 regulation under provisions relating to dealers in 165 agricultural products; defining the term “responsible 166 position”; amending s. 604.19, F.S.; revising 167 requirements for late fees on agricultural products 168 dealer applications; amending s. 604.25, F.S.; 169 revising conditions under which the department may 170 deny, refuse to renew, suspend, or revoke agricultural 171 products dealer licenses; deleting a provision 172 prohibiting certain persons from holding a responsible 173 position with a licensee; amending s. 616.242, F.S.; 174 authorizing the issuance of stop-operation orders for 175 amusement rides under certain circumstances; amending 176 s. 686.201, F.S.; exempting contracts to which a 177 seller of travel is a party from provisions governing 178 certain contracts involving commissions; amending s. 179 790.06, F.S.; authorizing a concealed firearm license 180 applicant to submit fingerprints administered by the 181 Division of Licensing; repealing ss. 570.071 and 182 570.901, F.S., relating to the Florida Agricultural 183 Exposition and the Florida Agricultural Museum; 184 requiring that the department and representatives of 185 the state pest control industry prepare a report for 186 the President of the Senate, the Speaker of the House 187 of Representatives, and the chairpersons of specified 188 legislative committees by a certain date; requiring 189 that the report include recommendations for changes in 190 the law to provide for disciplinary action against 191 licensees of the pest control industry under certain 192 circumstances; providing that the report may also 193 address additional issues of concern to members of the 194 industry; providing an effective date. 195 196 Be It Enacted by the Legislature of the State of Florida: 197 198 Section 1. Paragraph (d) of subsection (1) of section 199 373.1391, Florida Statutes, is amended to read: 200 373.1391 Management of real property.— 201 (1) 202 (d) For any fee simple acquisition of a parcel which is or 203 will be leased back for agricultural purposes, or for any 204 acquisition of a less-than-fee interest in lands that is or will 205 be used for agricultural purposes, the district governing board 206 shall first consider having a soil and water conservation 207 district created pursuant to chapter 582 manage and monitor such 208 interest. Priority shall be given to the agricultural use 209 present at the time of fee simple acquisition of the parcel. 210 Section 2. Section 403.9336, Florida Statutes, is amended 211 to read: 212 403.9336 Legislative findings.—The Legislature finds that 213theimplementation of the Model Ordinance for Florida-Friendly 214 Fertilizer Use on Urban Landscapes(2008), which was developed215by the department in conjunction with the Florida Consumer216Fertilizer Task Force, the Department of Agriculture and217Consumer Services, and the University of Florida Institute of218Food and Agricultural Sciences,will assist in protecting the 219 quality of Florida’s surface water and groundwater resources. 220 The Legislature further finds that local conditions, including 221 variations in the types and quality of water bodies, site 222 specific soils and geology, and urban or rural densities and 223 characteristics, may necessitatethe implementation of224 additional or more stringent fertilizer management practices at 225 the local government level. 226 Section 3. Section 403.9337, Florida Statutes, is amended 227 to read: 228 403.9337 Model Ordinance for Florida-Friendly Fertilizer 229 Use on Urban Landscapes.— 230 (1) The Model Ordinance for Florida-Friendly Fertilizer Use 231 on Urban Landscapes (2009) may be amended. All amendments made 232 on or after July 1, 2010, shall be adopted by an order of the 233 department. Before adoption, the department shall hold at least 234 one public workshop to discuss and receive comments on the 235 amended Model Ordinance for Florida-Friendly Fertilizer Use on 236 Urban Landscapes. At a minimum, the department shall notify 237 interested stakeholders, including representatives from the 238 nursery and landscape industry, pest control industry, the 239 Department of Agriculture and Consumer Services, the University 240 of Florida’s Institute of Food and Agricultural Sciences, 241 environmental groups, and county and local governments, 242 regarding the public workshop. The order is subject to challenge 243 under chapter 120. 244 (2)(1)All county and municipal governments are encouraged 245 to adopt and enforce the Model Ordinance for Florida-Friendly 246 Fertilizer Use on Urban Landscapes or an equivalent requirement 247 as a mechanism for protecting local surface and groundwater 248 quality. 249 (3)(2)Each county and municipal government located within 250 the watershed of a water body or water segment that is listed as 251 impaired by nutrients pursuant to s. 403.067, mustshall, at a 252 minimum, adopt the most recent version of the department’s Model 253 Ordinance for Florida-Friendly Fertilizer Use on Urban 254 Landscapes. A local government may adopt additional or more 255 stringent standards than the model ordinance if, before 256 adoption, the following criteria are met: 257 (a) The local government has implementeddemonstrated, as258part ofa comprehensive program to address nonpoint sources of 259 nutrient pollution butwhich is science-based, and economically260and technically feasible, thatadditional or more stringent 261 standards than the model ordinance are necessary in order to 262 adequately addressurban fertilizer contributions tononpoint 263 source nutrient loading to a water body. In all instances, the 264 comprehensive program must be science-based and economically and 265 technically feasible. A comprehensive program may include, but 266 is not limited to: 267 1. Nonpoint source activities adopted as part of a basin 268 management plan developed pursuant to s. 403.067(7); 269 2. Adoption of Florida-friendly landscaping requirements, 270 as provided in s. 373.185, into the local government’s 271 development code; or 272 3. The requirement for and enforcement of the 273 implementation of low-impact development practices. 274 (b) The local government documents in the public record the 275 need for more stringent standards, including the scientifically 276 documented impairment of waters within the local government’s 277 jurisdiction due to nutrient enrichment attributable to 278 landforms, soils, hydrology, climate, or geology, and the local 279 government documents that it has requested and considered all 280 relevant scientific information, including input from the 281 department,the institute,the Department of Agriculture and 282 Consumer Services, and the University of Florida’sFlorida283 Institute of Food and Agricultural Sciences, if provided, on the 284 need for additional or more stringent provisions to address 285 fertilizer use as a contributor to water quality degradation. 286 All documentation must become part of the public record before 287 adoption of the additional or more stringent criteria. 288 (4)(3)Any county or municipal government that adopted its 289 own fertilizer use ordinance before January 1, 2009, is exempt 290 from this section. Ordinances adopted or amended on or after 291 January 1, 2009, must substantively conform to the most recent 292 version of the model fertilizer ordinance and are subject to 293 subsections (1) and (2), as applicable. 294 (5) A fertilizer ordinance adopted by a county or municipal 295 government does not prohibit an individual licensed under s. 296 482.1562 from conducting his or her occupation, which may 297 include, based on site-specific assessment such as soil testing 298 or leaf tissue analysis, the application of macronutrients or 299 micronutrients throughout the calendar year. 300 (6)(4)This section does not apply to the use of 301 fertilizer: 302 (a) On farm operations as defined in s. 823.14;or303 (b) On lands classified as agricultural lands pursuant to 304 s. 193.461; or.305 (c) On any lands utilized for scientific research, such as 306 urban stormwater, water quality, agronomic, or horticultural. 307 Section 4. Subsection (1) of section 493.6102, Florida 308 Statutes, is amended to read: 309 493.6102 Inapplicability of this chapter.—This chapter 310 shall not apply to: 311 (1) Any individual who is an “officer” as defined in s. 312 943.10(14), orisa law enforcement officer of the United States 313 Government, while thesuchlocal, state, or federal officer is 314 engaged in her or his official duties or, if approved by the 315 officer’s supervisors, when performing off-duty activities as a 316 security officeractivities approved by her or his superiors. 317 Section 5. Section 493.6105, Florida Statutes, is amended 318 to read: 319 493.6105 Initial application for license.— 320 (1) Each individual, partner, or principal officer in a 321 corporation, shall file with the department a complete 322 application accompanied by an application fee not to exceed $60, 323 except that the applicant for a Class “D” or Class “G” license 324 isshallnotberequired to submit an application fee. The 325 application fee isshallnotberefundable. 326 (a) The application submitted by any individual, partner, 327 or corporate officer mustshallbe approved by the department 328 before theprior to thatindividual, partner, or corporate 329 officer assumesassuminghis or her duties. 330 (b) Individuals who invest in the ownership of a licensed 331 agency, but do not participate in, direct, or control the 332 operations of the agency areshallnotberequired to file an 333 application. 334 (2) Each application mustshallbe signed and verified by 335 the individual under oath as provided in s. 92.525and shall be336notarized. 337 (3) The application mustshallcontain the following 338 information concerning the individual signing the application 339same: 340 (a) Name and any aliases. 341 (b) Age and date of birth. 342 (c) Place of birth. 343 (d) Social security number or alien registration number, 344 whichever is applicable. 345 (e) CurrentPresentresidence addressand his or her346residence addresses within the 5 years immediately preceding the347submission of the application. 348(f) Occupations held presently and within the 5 years349immediately preceding the submission of the application.350 (f)(g)A statement of all criminal convictions, findings of 351 guilt, and pleas of guilty or nolo contendere, regardless of 352 adjudication of guilt. 353 (g) One passport-type color photograph taken within the 6 354 months immediately preceding submission of the application. 355 (h) A statement whether he or she has ever been adjudicated 356 incompetent under chapter 744. 357 (i) A statement whether he or she has ever been committed 358 to a mental institution under chapter 394. 359 (j) A full set of fingerprints on a card provided by the 360 department and a fingerprint fee to be established by rule of 361 the department based upon costs determined by state and federal 362 agency charges and department processing costs. An applicant who 363 has, within the immediately preceding 6 months, submitted a 364 fingerprint card and fee for licensing purposes under this 365 chapter shall not be required to submit another fingerprint card 366 or fee. 367 (k) A personal inquiry waiver which allows the department 368 to conduct necessary investigations to satisfy the requirements 369 of this chapter. 370 (l) Such further facts as may be required by the department 371 to show that the individual signing the application is of good 372 moral character and qualified by experience and training to 373 satisfy the requirements of this chapter. 374(4) In addition to the application requirements outlined in375subsection (3), the applicant for a Class “C,” Class “CC,” Class376“E,” Class “EE,” or Class “G” license shall submit two color377photographs taken within the 6 months immediately preceding the378submission of the application, which meet specifications379prescribed by rule of the department. All other applicants shall380submit one photograph taken within the 6 months immediately381preceding the submission of the application.382 (4)(5)In addition to the application requirements outlined 383 under subsection (3), the applicant for a Class “C,” Class “E,” 384 Class “M,” Class “MA,” Class “MB,” or Class “MR” license shall 385 include a statement on a form provided by the department of the 386 experience which he or she believes will qualify him or her for 387 such license. 388 (5)(6)In addition to the requirements outlined in 389 subsection (3), an applicant for a Class “G” license shall 390 satisfy minimum training criteria for firearms established by 391 rule of the department, which training criteria shall include, 392 but is not limited to, 28 hours of range and classroom training 393 taught and administered by a Class “K” licensee; however, no 394 more than 8 hours of such training shall consist of range 395 training. If the applicant can show proof that he or she is an 396 active law enforcement officer currently certified under the 397 Criminal Justice Standards and Training Commission or has 398 completed the training required for that certification within 399 the last 12 months, or if the applicant submits one of the 400 certificates specified in paragraph (6)(a)(7)(a), the 401 department may waive the foregoing firearms training 402 requirement. 403 (6)(7)In addition to the requirements under subsection 404 (3), an applicant for a Class “K” license shall: 405 (a) Submit one of the following certificates: 406 1. The Florida Criminal Justice Standards and Training 407 CommissionFirearmsInstructor’s Certificate and confirmation by 408 the commission that the applicant is authorized to provide 409 firearms instruction. 410 2. The National Rifle Association Law EnforcementPolice411 Firearms Instructor’s Certificate. 4123. The National Rifle Association Security Firearms413Instructor’s Certificate.414 3.4.A firearms instructor’s training certificate issued by 415 any branch of the United States Armed Forces,froma federal law 416 enforcement academy or agency,state, county,or a law 417 enforcementmunicipal policeacademy or agency in this state 418 recognized as such by the Criminal Justice Standards and 419 Training Commissionor by the Department of Education. 420 (b) Pay the fee for and pass an examination administered by 421 the department which shall be based upon, but is not necessarily 422 limited to, a firearms instruction manual provided by the 423 department. 424 (7)(8)In addition to the application requirements for 425 individuals, partners, or officers outlined under subsection 426 (3), the application for an agency license shall contain the 427 following information: 428 (a) The proposed name under which the agency intends to 429 operate. 430 (b) The street address, mailing address, and telephone 431 numbers of the principal location at which business is to be 432 conducted in this state. 433 (c) The street address, mailing address, and telephone 434 numbers of all branch offices within this state. 435 (d) The names and titles of all partners or, in the case of 436 a corporation, the names and titles of its principal officers. 437 (8)(9)Upon submission of a complete application, a Class 438 “CC,” Class “C,” Class “D,” Class “EE,” Class “E,” Class “M,” 439 Class “MA,” Class “MB,” or Class “MR” applicant may commence 440 employment or appropriate duties for a licensed agency or branch 441 office. However, the Class “C” or Class “E” applicant must work 442 under the direction and control of a sponsoring licensee while 443 his or her application is being processed. If the department 444 denies application for licensure, the employment of the 445 applicant must be terminated immediately, unless he or she 446 performs only unregulated duties. 447 Section 6. Paragraph (f) of subsection (1) and paragraph 448 (a) of subsection (2) of section 493.6106, Florida Statutes, are 449 amended, and paragraph (g) is added to subsection (1) of that 450 section, to read: 451 493.6106 License requirements; posting.— 452 (1) Each individual licensed by the department must: 453 (f) Be a citizen or permanent legal resident alien of the 454 United States or have appropriatebeen grantedauthorization 455 issuedto seek employment in this countryby theUnited States456 Bureau of Citizenship and Immigration Services of the United 457 States Department of Homeland Security. 458 1. An applicant for a Class “C,” Class “CC,” Class “D,” 459 Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class 460 “MB,” Class “MR,” or Class “RI” license who is not a United 461 States citizen must submit proof of current employment 462 authorization issued by the United States Bureau of Citizenship 463 and Immigration Services or proof that she or he is deemed a 464 permanent legal resident alien by the United States Bureau of 465 Citizenship and Immigration Services. 466 2. An applicant for a Class “G” or Class “K” license who is 467 not a United States citizen must submit proof that she or he is 468 deemed a permanent legal resident alien by the United States 469 Bureau of Citizenship and Immigration Services, together with 470 additional documentation establishing that she or he has resided 471 in the state of residence shown on the application for at least 472 90 consecutive days before the date that the application is 473 submitted. 474 3. An applicant for an agency or school license who is not 475 a United States citizen or permanent legal resident alien must 476 submit documentation issued by the United States Bureau of 477 Citizenship and Immigration Services stating that she or he is 478 lawfully in the United States and is authorized to own and 479 operate the type of agency or school for which she or he is 480 applying. An employment authorization card issued by the United 481 States Bureau of Citizenship and Immigration Services is not 482 sufficient documentation. 483 (g) Not be prohibited from purchasing or possessing a 484 firearm by state or federal law if the individual is applying 485 for a Class “G” license or a Class “K” license. 486 (2) Each agency shall have a minimum of one physical 487 location within this state from which the normal business of the 488 agency is conducted, and this location shall be considered the 489 primary office for that agency in this state. 490 (a) If an agency or branch office desires to change the 491 physical location of the business, as it appears on theagency492 license, the department must be notified within 10 days of the 493 change, and, except upon renewal, the fee prescribed in s. 494 493.6107 must be submitted for each license requiring revision. 495 Each license requiring revision must be returned with such 496 notification. 497 Section 7. Subsection (3) of section 493.6107, Florida 498 Statutes, is amended to read: 499 493.6107 Fees.— 500 (3) The fees set forth in this section must be paid by 501certifiedcheck or money orderor, at the discretion of the502department, by agency checkat the time the application is 503 approved, except that the applicant for a Class “G” or Class “M” 504 license must pay the license fee at the time the application is 505 made. If a license is revoked or denied or if the application is 506 withdrawn, the license fee shall not be refunded. 507 Section 8. Paragraph (a) of subsection (1) and subsection 508 (3) of section 493.6108, Florida Statutes, are amended to read: 509 493.6108 Investigation of applicants by Department of 510 Agriculture and Consumer Services.— 511 (1) Except as otherwise provided, prior to the issuance of 512 a license under this chapter, the department shall make an 513 investigation of the applicant for a license. The investigation 514 shall include: 515 (a)1. An examination of fingerprint records and police 516 records. When a criminal history analysis of any applicant under 517 this chapter is performed by means of fingerprint card 518 identification, the time limitations prescribed by s. 120.60(1) 519 shall be tolled during the time the applicant’s fingerprint card 520 is under review by the Department of Law Enforcement or the 521 United States Department of Justice, Federal Bureau of 522 Investigation. 523 2. If a legible set of fingerprints, as determined by the 524 Department of Law Enforcement or the Federal Bureau of 525 Investigation, cannot be obtained after two attempts, the 526 Department of Agriculture and Consumer Services may determine 527 the applicant’s eligibility based upon a criminal history record 528 check under the applicant’s name conducted by the Department of 529 Law Enforcement if theand the Federal Bureau of Investigation.530A set offingerprints are taken by a law enforcement agency or 531 the department and the applicant submits a written statement 532 signed by the fingerprint technician or a licensed physician 533 stating that there is a physical condition that precludes 534 obtaining a legible set of fingerprints or that the fingerprints 535 taken are the best that can be obtainedis sufficient to meet536this requirement. 537 (3) The department shall also investigate the mental 538 history and current mental and emotional fitness of any Class 539 “G” or Class “K” applicant, and may deny a Class “G” or Class 540 “K” license to anyone who has a history of mental illness or 541 drug or alcohol abuse. 542 Section 9. Subsection (4) of section 493.6111, Florida 543 Statutes, is amended to read: 544 493.6111 License; contents; identification card.— 545 (4) Notwithstanding the existence of a valid Florida 546 corporate registration, annoagency or school licensee may not 547 conduct activities regulated under this chapter under any 548 fictitious name without prior written authorization from the 549 department to use that name in the conduct of activities 550 regulated under this chapter. The department may not authorize 551 the use of a name which is so similar to that of a public 552 officer or agency, or of that used by another licensee, that the 553 public may be confused or misled thereby. The authorization for 554 the use of a fictitious name shall require, as a condition 555 precedent to the use of such name, the filing of a certificate 556 of engaging in business under a fictitious name under s. 865.09. 557 ANolicensee may notshall be permitted toconduct business 558 under more than one fictitious name except as separately 559 licensed nor shall the license be valid to protect any licensee 560 who is engaged inthebusiness under any name other than that 561 specified in the license. An agency desiring to change its 562 licensed name shall notify the department and, except upon 563 renewal, pay a fee not to exceed $30 for each license requiring 564 revision including those of all licensed employees except Class 565 “D” or Class “G” licensees. Upon the return of such licenses to 566 the department, revised licenses shall be provided. 567 Section 10. Subsection (2) and paragraph (a) of subsection 568 (3) of section 493.6113, Florida Statutes, are amended to read: 569 493.6113 Renewal application for licensure.— 570 (2) At leastNo less than90 days beforeprior tothe 571 expiration date of the license, the department shall mail a 572 written notice to the last known mailingresidenceaddress of 573 the licenseefor individual licensees and to the last known574agency address for agencies. 575 (3) Each licensee shall be responsible for renewing his or 576 her license on or before its expiration by filing with the 577 department an application for renewal accompanied by payment of 578 the prescribed license fee. 579 (a) Each Class “B”Class “A,” Class “B,” or Class “R”580 licensee shall additionally submit on a form prescribed by the 581 department a certification of insurance which evidences that the 582 licensee maintains coverage as required under s. 493.6110. 583 Section 11. Subsection (8), paragraph (d) of subsection 584 (12), and subsection (16) of section 493.6115, Florida Statutes, 585 are amended to read: 586 493.6115 Weapons and firearms.— 587 (8) A Class “G” applicant must satisfy the minimum training 588 criteria as set forth in s. 493.6105(5)(6)and as established by 589 rule of the department. 590 (12) The department may issue a temporary Class “G” 591 license, on a case-by-case basis, if: 592 (d) The applicant has received approval from the department 593 subsequent to its conduct of a criminal history record check as 594 authorized in s. 493.6108(1)(a)1.493.6121(6).595 (16) If the criminal history record check program 596 referenced in s. 493.6108(1)(a)1.493.6121(6)is inoperable, the 597 department may issue a temporary “G” license on a case-by-case 598 basis, provided that the applicant has met all statutory 599 requirements for the issuance of a temporary “G” license as 600 specified in subsection (12), excepting the criminal history 601 record check stipulated there; provided, that the department 602 requires that the licensed employer of the applicant conduct a 603 criminal history record check of the applicant pursuant to 604 standards set forth in rule by the department, and provide to 605 the department an affidavit containing such information and 606 statements as required by the department, including a statement 607 that the criminal history record check did not indicate the 608 existence of any criminal history that would prohibit licensure. 609 Failure to properly conduct such a check, or knowingly providing 610 incorrect or misleading information or statements in the 611 affidavit shall constitute grounds for disciplinary action 612 against the licensed agency, including revocation of license. 613 Section 12. Paragraph (u) of subsection (1) of section 614 493.6118, Florida Statutes, is redesignated as paragraph (v), 615 and a new paragraph (u) is added to that subsection to read: 616 493.6118 Grounds for disciplinary action.— 617 (1) The following constitute grounds for which disciplinary 618 action specified in subsection (2) may be taken by the 619 department against any licensee, agency, or applicant regulated 620 by this chapter, or any unlicensed person engaged in activities 621 regulated under this chapter. 622 (u) For a Class “G” or a Class “K” applicant or licensee, 623 being prohibited from purchasing or possessing a firearm by 624 state or federal law. 625 Section 13. Subsections (7) and (8) of section 493.6121, 626 Florida Statutes, are renumbered as subsections (6) and (7), 627 respectively, and present subsection (6) of that section is 628 amended, to read: 629 493.6121 Enforcement; investigation.— 630(6) The department shall be provided access to the program631that is operated by the Department of Law Enforcement, pursuant632to s.790.065, for providing criminal history record information633to licensed gun dealers, manufacturers, and exporters. The634department may make inquiries, and shall receive responses in635the same fashion as provided under s.790.065. The department636shall be responsible for payment to the Department of Law637Enforcement of the same fees as charged to others afforded638access to the program.639 Section 14. Subsection (3) of section 493.6202, Florida 640 Statutes, is amended to read: 641 493.6202 Fees.— 642 (3) The fees set forth in this section must be paid by 643certifiedcheck or money orderor, at the discretion of the644department, by agency checkat the time the application is 645 approved, except that the applicant for a Class “G,” Class “C,” 646 Class “CC,” Class “M,” or Class “MA” license must pay the 647 license fee at the time the application is made. If a license is 648 revoked or denied or if the application is withdrawn, the 649 license fee shall not be refunded. 650 Section 15. Subsections (2), (4), and (6) of section 651 493.6203, Florida Statutes, are amended to read: 652 493.6203 License requirements.—In addition to the license 653 requirements set forth elsewhere in this chapter, each 654 individual or agency shall comply with the following additional 655 requirements: 656 (2) An applicant for a Class “MA” license shall have 2 657 years of lawfully gained, verifiable, full-time experience, or 658 training in: 659 (a) Private investigative work or related fields of work 660 that provided equivalent experience or training; 661 (b) Work as a Class “CC” licensed intern; 662 (c) Any combination of paragraphs (a) and (b); 663 (d) Experience described in paragraph (a) for 1 year and 664 experience described in paragraph (e) for 1 year; 665 (e) No more than 1 year using: 666 1. College coursework related to criminal justice, 667 criminology, or law enforcement administration; or 668 2. Successfully completed law enforcement-related training 669 received from any federal, state, county, or municipal agency; 670 or 671 (f) Experience described in paragraph (a) for 1 year and 672 work in a managerial or supervisory capacity for 1 year. 673 674 However, experience in performing bodyguard services is not 675 creditable toward the requirements of this subsection. 676 (4) An applicant for a Class “C” license shall have 2 years 677 of lawfully gained, verifiable, full-time experience, or 678 training in one, or a combination of more than one, of the 679 following: 680 (a) Private investigative work or related fields of work 681 that provided equivalent experience or training. 682 (b) College coursework related to criminal justice, 683 criminology, or law enforcement administration, or successful 684 completion of any law enforcement-related training received from 685 any federal, state, county, or municipal agency, except that no 686 more than 1 year may be used from this category. 687 (c) Work as a Class “CC” licensed intern. 688 689 However, experience in performing bodyguard services is not 690 creditable toward the requirements of this subsection. 691 (6)(a) A Class “CC” licensee shall serve an internship 692 under the direction and control of a designated sponsor, who is 693 a Class “C,” Class “MA,” or Class “M” licensee. 694 (b) Effective July 1, 2010September 1, 2008, before 695 submission of an application to the department, theanapplicant 696 for a Class “CC” license must have completed a minimum of 40at697least 24hours of professional traininga 40-hour course698 pertaining to general investigative techniques and this chapter, 699 which course is offered by a state university or by a school, 700 community college, college, or university under the purview of 701 the Department of Education, and the applicant must pass an 702 examination. The training must be provided in two parts, one 24 703 hour course and one 16-hour course. The certificate evidencing 704 satisfactory completion of the 40at least 24hours of 705 professional traininga 40-hour coursemust be submitted with 706 the application for a Class “CC” license.The remaining 16 hours707must be completed and an examination passed within 180 days. If708documentation of completion of the required training is not709submitted within the specified timeframe, the individual’s710license is automatically suspended or his or her authority to711work as a Class “CC” pursuant to s.493.6105(9) is rescinded712until such time as proof of certificate of completion is713provided to the department.The trainingcoursespecified in 714 this paragraph may be provided by face-to-face presentation, 715 online technology, or a home study course in accordance with 716 rules and procedures of the Department of Education. The 717 administrator of the examination must verify the identity of 718 each applicant taking the examination. 719 1. Upon an applicant’s successful completion of each part 720 of the approved trainingcourseand passage of any required 721 examination, the school, community college, college, or 722 university shall issue a certificate of completion to the 723 applicant. The certificates must be on a form established by 724 rule of the department. 725 2. The department shall establish by rule the general 726 content of the professional trainingcourseand the examination 727 criteria. 728 3. If the license of an applicant for relicensure ishas729beeninvalid for more than 1 year, the applicant must complete 730 the required training and pass any required examination. 731 (c) An individual who submits an application for a Class 732 “CC” license on or after September 1, 2008, through June 30, 733 2010, who has not completed the 16-hour course must submit proof 734 of successful completion of the course within 180 days after the 735 date the application is submitted. If documentation of 736 completion of the required training is not submitted by that 737 date, the individual’s license is automatically suspended until 738 proof of the required training is submitted to the department. 739 An individual licensed on or before August 31, 2008, is not 740 required to complete additional training hours in order to renew 741 an active license beyond the required total amount of training, 742 and within the timeframe, in effect at the time he or she was 743 licensed. 744 Section 16. Subsection (3) of section 493.6302, Florida 745 Statutes, is amended to read: 746 493.6302 Fees.— 747 (3) The fees set forth in this section must be paid by 748certifiedcheck or money orderor, at the discretion of the749department, by agency checkat the time the application is 750 approved, except that the applicant for a Class “D,” Class “G,” 751 Class “M,” or Class “MB” license must pay the license fee at the 752 time the application is made. If a license is revoked or denied 753 or if the application is withdrawn, the license fee shall not be 754 refunded. 755 Section 17. Subsection (4) of section 493.6303, Florida 756 Statutes, is amended to read: 757 493.6303 License requirements.—In addition to the license 758 requirements set forth elsewhere in this chapter, each 759 individual or agency shall comply with the following additional 760 requirements: 761 (4)(a) Effective July 1, 2010, an applicant for a Class “D” 762 license must submit proof of successful completion ofcompletea 763 minimum of 40 hours of professional training at a school or 764 training facility licensed by the department. The training must 765 be provided in two parts, one 24-hour course and one 16-hour 766 course. The department shall by rule establish the general 767 content and number of hours of each subject area to be taught. 768 (b) An individual who submits an application for a Class 769 “D” license on or after January 1, 2007, through June 30, 2010, 770 who has not completed the 16-hour course must submit proof of 771 successful completion of the course within 180 days after the 772 date the application is submitted. If documentation of 773 completion of the required training is not submitted by that 774 date, the individual’s license is automatically suspended until 775 proof of the required training is submitted to the department. 776 This section does not require a person licensed before January 777 1, 2007, to complete additional training hours in order to renew 778 an active license beyond the required total amount of training 779 within the timeframe prescribed by law at the time he or she was 780 licensed.An applicant may fulfill the training requirement781prescribed in paragraph (a) by submitting proof of:7821. Successful completion of the total number of required783hours of training before initial application for a Class “D”784license; or7852. Successful completion of 24 hours of training before786initial application for a Class “D” license and successful787completion of the remaining 16 hours of training within 180 days788after the date that the application is submitted. If789documentation of completion of the required training is not790submitted within the specified timeframe, the individual’s791license is automatically suspended until such time as proof of792the required training is provided to the department.793 (c) An individualHowever, any personwhose license is 794 suspended orhas beenrevoked, suspendedpursuant to paragraph 795 (b)subparagraph 2., or is expired for at least 1 year,or796longeris considered, upon reapplication for a license, an 797 initial applicant and must submit proof of successful completion 798 of 40 hours of professional training at a school or training 799 facility licensed by the department as providedprescribedin 800 paragraph (a) before a license iswill beissued.Any person801whose license was issued before January 1, 2007, and whose802license has been expired for less than 1 year must, upon803reapplication for a license, submit documentation of completion804of the total number of hours of training prescribed by law at805the time her or his initial license was issued before another806license will be issued. This subsection does not require an807individual licensed before January 1, 2007, to complete808additional training hours in order to renew an active license,809beyond the required total amount of training within the810timeframe prescribed by law at the time she or he was licensed.811 Section 18. Subsection (2) of section 493.6304, Florida 812 Statutes, is amended to read: 813 493.6304 Security officer school or training facility.— 814 (2) The application shall be signed and verified by the 815 applicant under oath as provided in s. 92.525notarizedand 816 shall contain, at a minimum, the following information: 817 (a) The name and address of the school or training facility 818 and, if the applicant is an individual, her or his name, 819 address, and social security or alien registration number. 820 (b) The street address of the place at which the training 821 is to be conducted. 822 (c) A copy of the training curriculum and final examination 823 to be administered. 824 Section 19. Subsections (7) and (8) of section 493.6401, 825 Florida Statutes, are amended to read: 826 493.6401 Classes of licenses.— 827 (7) Any person who operates a recovery agentrepossessor828 school or training facility or who conducts an Internet-based 829 training course or a correspondence training course must have a 830 Class “RS” license. 831 (8) Any individual who teaches or instructs at a Class “RS” 832 recovery agentrepossessorschool or training facility shall 833 have a Class “RI” license. 834 Section 20. Paragraphs (f) and (g) of subsection (1) and 835 subsection (3) of section 493.6402, Florida Statutes, are 836 amended to read: 837 493.6402 Fees.— 838 (1) The department shall establish by rule biennial license 839 fees which shall not exceed the following: 840 (f) Class “RS” license—recovery agentrepossessorschool or 841 training facility: $60. 842 (g) Class “RI” license—recovery agentrepossessorschool or 843 training facility instructor: $60. 844 (3) The fees set forth in this section must be paid by 845certifiedcheck or money order, or, at the discretion of the846department, by agency checkat the time the application is 847 approved, except that the applicant for a Class “E,” Class “EE,” 848 or Class “MR” license must pay the license fee at the time the 849 application is made. If a license is revoked or denied, or if an 850 application is withdrawn, the license fee shall not be refunded. 851 Section 21. Section 493.6406, Florida Statutes, is amended 852 to read: 853 493.6406 Recovery agentRepossession servicesschool or 854 training facility.— 855 (1) Any school, training facility, or instructor who offers 856 the training outlined in s. 493.6403(2) for Class “E” or Class 857 “EE” applicants shall, before licensure of such school, training 858 facility, or instructor, file with the department an application 859 accompanied by an application fee in an amount to be determined 860 by rule, not to exceed $60. The fee shall not be refundable. 861 This training may be offered as face-to-face training, Internet 862 based training, or correspondence training. 863 (2) The application shall be signed and verified by the 864 applicant under oath as provided in s. 92.525notarizedand 865 shall contain, at a minimum, the following information: 866 (a) The name and address of the school or training facility 867 and, if the applicant is an individual, his or her name, 868 address, and social security or alien registration number. 869 (b) The street address of the place at which the training 870 is to be conducted or the street address of the Class “RS” 871 school offering Internet-based or correspondence training. 872 (c) A copy of the training curriculum and final examination 873 to be administered. 874 (3) The department shall adopt rules establishing the 875 criteria for approval of schools, training facilities, and 876 instructors. 877 Section 22. Section 500.033, Florida Statutes, is amended 878 to read: 879 500.033 Florida Food Safety and Food Defense Advisory 880 Council.— 881 (1) There is created the Florida Food Safety and Food 882 Defense Advisory Council for the purpose of serving as a forum 883 for presenting, investigating, and evaluating issues of current 884 importance to the assurance of a safe and secure food supply to 885 the citizens of Florida. The Florida Food Safety and Food 886 Defense Advisory Council shall consist of, but not be limited 887 to: the Commissioner of Agriculture or his or her designee; the 888 State Surgeon General or his or her designee; the Secretary of 889 Business and Professional Regulation or his or her designee; the 890 person responsible for domestic security with the Department of 891 Law Enforcement; members representing the production, 892 processing, distribution, and sale of foods; members 893 representing small farmers; consumers or members of citizens 894 groups; representatives of food industry groups; scientists or 895 other experts in aspects of food safety from state universities; 896 representatives from local, state, and federal agencies that are 897 charged with responsibilities for food safety or food defense; 898 the chairs of the Agriculture Committees of the Senate and the 899 House of Representatives or their designees; and the chairs of 900 the committees of the Senate and the House of Representatives 901 with jurisdictional oversight of home defense issues or their 902 designees. The Commissioner of Agriculture shall appoint the 903 remaining members. The council shall make periodic reports to 904 the Department of Agriculture and Consumer Services concerning 905 findings and recommendations in the area of food safety and food 906 defense. 907 (2) The council shall consider the development of 908 appropriate advice or recommendations on food safety or food 909 defense issues. In the discharge of their duties, the council 910 members may receive for review confidential data exempt from the 911 provisions of s. 119.07(1); however, it is unlawful for any 912 member of the council to use the data for his or her advantage 913 or reveal the data to the general public. 914 Section 23. Paragraph (a) of subsection (2) of section 915 501.605, Florida Statutes, is amended to read: 916 501.605 Licensure of commercial telephone sellers.— 917 (2) An applicant for a license as a commercial telephone 918 seller must submit to the department, in such form as it 919 prescribes, a written application for the license. The 920 application must set forth the following information: 921 (a) The true name, date of birth, driver’s license number, 922social security number,and home address of the applicant, 923 including each name under which he or she intends to do 924 business. 925 926 The application shall be accompanied by a copy of any: Script, 927 outline, or presentation the applicant will require or suggest a 928 salesperson to use when soliciting, or, if no such document is 929 used, a statement to that effect; sales information or 930 literature to be provided by the applicant to a salesperson; and 931 sales information or literature to be provided by the applicant 932 to a purchaser in connection with any solicitation. 933 Section 24. Paragraph (a) of subsection (1) of section 934 501.607, Florida Statutes, is amended to read: 935 501.607 Licensure of salespersons.— 936 (1) An applicant for a license as a salesperson must submit 937 to the department, in such form as it prescribes, a written 938 application for a license. The application must set forth the 939 following information: 940 (a) The true name, date of birth, driver’s license number, 941social security number,and home address of the applicant. 942 Section 25. Subsection (2) of section 501.913, Florida 943 Statutes, is amended to read: 944 501.913 Registration.— 945 (2) The completed application shall be accompanied by: 946 (a) Specimens or facsimiles of the label for each brand of 947 antifreeze; 948 (b) An application fee of $200 for each brand; and 949 (c) A properly labeled sample of at least 1 gallon, but not 950 more than 2 gallons, of each brand of antifreeze. 951 Section 26. Subsection (2) of section 525.01, Florida 952 Statutes, is amended to read: 953 525.01 Gasoline and oil to be inspected.— 954 (2) All petroleum fuels areshall besubject to inspection 955 and analysis by the department. Before selling or offering for 956 sale in this state any petroleum fuel, all manufacturers, 957 terminal suppliers, wholesalers, and importers as defined in s. 958 206.01jobbersshall file with the department: 959 (a) An affidavit stating that they desire to do business in 960 this state, and the name and address of the manufacturer of the 961 petroleum fuel. 962 (b) An affidavit stating that the petroleum fuel is in 963 conformity with the standards prescribed by department rule. 964 Section 27. Subsections (1) and (3) of section 525.09, 965 Florida Statutes, are amended to read: 966 525.09 Inspection fee.— 967 (1) For the purpose of defraying the expenses incident to 968 inspecting, testing, and analyzing petroleum fuels in this 969 state, there shall be paid to the department a charge of one 970 eighth cent per gallon on all gasoline, alternative fuel 971 containing alcohol as defined in s. 525.01(1)(c)1. or 2., 972 kerosene (except when used as aviation turbine fuel), and #1 973 fuel oil for sale or use in this state. This inspection fee 974 shall be imposed in the same manner as the motor fuel tax 975 pursuant to s. 206.41. Payment shall be made on or before the 976 25th day of each month. 977 (3) All remittances to the department for the inspection 978 tax herein provided shall be accompanied by a detailed report 979 under oath showing the number of gallons of gasoline, 980 alternative fuel containing alcohol as defined in s. 981 525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered 982 in each county. 983 Section 28. Section 526.50, Florida Statutes, is amended to 984 read: 985 526.50 Definition of terms.—As used in this part: 986 (1) “Brake fluid” means the fluid intended for use as the 987 liquid medium through which force is transmitted in the 988 hydraulic brake system of a vehicle operated upon the highways. 989 (2) “Brand” means the product name appearing on the label 990 of a container of brake fluid. 991 (3) “Container” means any receptacle in which brake fluid 992 is immediately contained when sold, but does not mean a carton 993 or wrapping in which a number of such receptacles are shipped or 994 stored or a tank car or truck. 995 (4)(2)“Department” means the Department of Agriculture and 996 Consumer Services. 997 (5) “Formula” means the name of the chemical mixture or 998 composition of the brake fluid product. 999 (6) “Labeling” includes all written, printed or graphic 1000 representations, in any form whatsoever, imprinted upon or 1001 affixed to any container of brake fluid. 1002 (7) “Permit year” means a period of 12 months commencing 1003 July 1 and ending on the next succeeding June 30. 1004 (8) “Registrant” means any manufacturer, packer, 1005 distributor, seller, or other person who has registered a brake 1006 fluid with the department. 1007 (9)(3)“Sell” includes give, distribute, barter, exchange, 1008 trade, keep for sale, offer for sale or expose for sale, in any 1009 of their variant forms. 1010(4)“Labeling” includes all written, printed or graphic1011representations, in any form whatsoever, imprinted upon or1012affixed to any container of brake fluid.1013(5)“Container” means any receptacle in which brake fluid1014is immediately contained when sold, but does not mean a carton1015or wrapping in which a number of such receptacles are shipped or1016stored or a tank car or truck.1017(6)“Permit year” means a period of 12 months commencing1018July 1 and ending on the next succeeding June 30.1019(7)“Registrant” means any manufacturer, packer,1020distributor, seller, or other person who has registered a brake1021fluid with the department.1022 Section 29. Section 526.51, Florida Statutes, is amended to 1023 read: 1024 526.51 Registration; renewal and fees; departmental 1025 expenses; cancellation or refusal to issue or renew.— 1026 (1)(a) Application for registration of each brand of brake 1027 fluid shall be made on forms to be supplied by the department. 1028 The applicant shall give his or her name and address and the 1029 brand name of the brake fluid, state that he or she owns the 1030 brand name and has complete control over the product sold 1031 thereunder in Florida, and provide the name and address of the 1032 resident agent in Florida. If the applicant does not own the 1033 brand name but wishes to register the product with the 1034 department, a notarized affidavit that gives the applicant full 1035 authorization to register the brand name and that is signed by 1036 the owner of the brand name must accompany the application for 1037 registration. The affidavit must include all affected brand 1038 names, the owner’s company or corporate name and address, the 1039 applicant’s company or corporate name and address, and a 1040 statement from the owner authorizing the applicant to register 1041 the product with the department. The owner of the brand name 1042 shall maintain complete control over each product sold under 1043 that brand name in this state. All first-time brand-formula 1044 combinationnew productapplications must be accompanied by a 1045 certified report from an independent testing laboratory, setting 1046 forth the analysis of the brake fluid which shall show its 1047 quality to be not less than the specifications established by 1048 the department for brake fluids. A sample of not less than 24 1049 fluid ounces of brake fluid shall be submitted, in a container 1050 or containers, with labels representing exactly how the 1051 containers of brake fluid will be labeled when sold, and the 1052 sample and container shall be analyzed and inspected by the 1053 Division of Standards in order that compliance with the 1054 department’s specifications and labeling requirements may be 1055 verified. Upon approval of the application, the department shall 1056 register the brand name of the brake fluid and issue to the 1057 applicant a permit authorizing the registrant to sell the brake 1058 fluid in this state during the permit year specified in the 1059 permit. 1060 (b) Each applicant shall pay a fee of $100 with each 1061 application. A permit may be renewed by application to the 1062 department, accompanied by a renewal fee of $50 on or before the 1063 last day of the permit year immediately preceding the permit 1064 year for which application is made for renewal of registration. 1065 To any fee not paid when due, there shall accrue a penalty of 1066 $25, which shall be added to the renewal fee. Renewals will be 1067 accepted only on brake fluids that have no change in formula, 1068 composition, or brand name. Any change in formula, composition, 1069 or brand name of any brake fluid constitutes a new product that 1070 must be registered in accordance with this part. 1071 (2) All fees collected under the provisions of this section 1072 shall be credited to the General Inspection Trust Fund of the 1073 department and all expenses incurred in the enforcement of this 1074 part shall be paid from said fund. 1075 (3) The department may cancel, refuse to issue or refuse to 1076 renew any registration and permit after due notice and 1077 opportunity to be heard if it finds that the brake fluid is 1078 adulterated or misbranded or that the registrant has failed to 1079 comply with the provisions of this part or the rules and 1080 regulations promulgated thereunder. 1081 Section 30. Paragraph (a) of subsection (3) of section 1082 526.52, Florida Statutes, is amended to read: 1083 526.52 Specifications; adulteration and misbranding.— 1084 (3) Brake fluid is deemed to be misbranded: 1085 (a) If its container does not bear on its side or top a 1086 label on which is printed the name and place of business of the 1087 registrant of the product, the words “brake fluid,” and a 1088 statement that the product therein equals or exceeds the minimum 1089 specification of the Society of Automotive Engineers for heavy 1090 duty-type brake fluid or equals or exceeds Federal Motor Vehicle 1091 Safety Standard No. 116 adopted by the United States Department 1092 of Transportation, heavy-duty-type. By regulation the department 1093 may require that the duty-type classification appear on the 1094 label. 1095 Section 31. Subsection (2) of section 526.53, Florida 1096 Statutes, is amended to read: 1097 526.53 Enforcement; inspection and analysis, stop-sale and 1098 disposition, regulations.— 1099 (2)(a) When any brake fluid is sold in violation of any of 1100 the provisions of this part, all such affected brake fluid of 1101 the same brand nameon the same premises on which the violation1102occurredshall be placed under a stop-sale order by the 1103 department by serving the owner of the brand name, distributor, 1104 or other entity responsible for selling or distributing the 1105 product in the state with the stop-sale order. The department 1106 shall withdraw its stop-sale order upon the removal of the 1107 violation or upon voluntary destruction of the product, or other 1108 disposal approved by the department, under the supervision of 1109 the department. 1110 (b) In addition to being subject to the stop-sale 1111 procedures above, unregistered brake fluid shall be held by the 1112 department or its representative, at a place to be designated in 1113 the stop-sale order, until properly registered and released in 1114 writing by the department or its representative. If application 1115 ishasnotbeenmade for registration of thesuchproduct within 1116 30 days after issue of the stop-sale order, such product shall 1117 be disposed of by the department, or, with the department’s 1118 consent, by the business, to any tax-supported institution or 1119 agency of the state if the brake fluid meets legal 1120 specifications or by other disposal authorized by rule of the 1121 department if it fails to meet legal specifications. 1122 Section 32. Subsections (1) and (3) and paragraphs (a) and 1123 (c) of subsection (5) of section 527.0201, Florida Statutes, are 1124 amended to read: 1125 527.0201 Qualifiers; master qualifiers; examinations.— 1126 (1) In addition to the requirements of s. 527.02, any 1127 person applying for a license to engage in the activities of a 1128 pipeline system operator, category I liquefied petroleum gas 1129 dealer, category II liquefied petroleum gas dispenser, category 1130 IV liquefied petroleum gas dispenser and recreational vehicle 1131 servicer, category V liquefied petroleum gases dealer for 1132 industrial uses only, LP gas installer, specialty installer, 1133 requalifierrequalificationof cylinders, or fabricator, 1134 repairer, and tester of vehicles and cargo tanks must prove 1135 competency by passing a written examination administered by the 1136 department or its agent with a grade of at least 75 percent in 1137 each area testedor above. Each applicant for examination shall 1138 submit a $20 nonrefundable fee. The department shall by rule 1139 specify the general areas of competency to be covered by each 1140 examination and the relative weight to be assigned in grading 1141 each area tested. 1142 (3) Qualifier cards issued to category I liquefied 1143 petroleum gas dealers and liquefied petroleum gas installers 1144 shall expire 3 years after the date of issuance. All category I 1145 liquefied petroleum gas dealer qualifiers and liquefied 1146 petroleum gas installer qualifiers holding a valid qualifier 1147 card upon the effective date of this act shall retain their 1148 qualifier status until July 1, 2003, and may sit for the master 1149 qualifier examination at any time during that time period. All 1150 such category I liquefied petroleum gas dealer qualifiers and 1151 liquefied petroleum gas installer qualifiers may renew their 1152 qualification on or before July 1, 2003, upon application to the 1153 department, payment of a $20 renewal fee, and documentation of 1154 the completion of a minimum of 1612hours of approved 1155 continuing education courses, as defined by department rule, 1156 during the previous 3-year period. Applications for renewal must 1157 be made 30 calendar days prior to expiration. Persons failing to 1158 renew prior to the expiration date must reapply and take a 1159 qualifier competency examination in order to reestablish 1160 category I liquefied petroleum gas dealer qualifier and 1161 liquefied petroleum gas installer qualifier status. If a 1162 category I liquefied petroleum gas qualifier or liquefied 1163 petroleum gas installer qualifier becomes a master qualifier at 1164 any time during the effective date of the qualifier card, the 1165 card shall remain in effect until expiration of the master 1166 qualifier certification. 1167 (5) In addition to all other licensing requirements, each 1168 category I liquefied petroleum gas dealer and liquefied 1169 petroleum gas installer must, at the time of application for 1170 licensure, identify to the department one master qualifier who 1171 is a full-time employee at the licensed location. This person 1172 shall be a manager, owner, or otherwise primarily responsible 1173 for overseeing the operations of the licensed location and must 1174 provide documentation to the department as provided by rule. The 1175 master qualifier requirement shall be in addition to the 1176 requirements of subsection (1). 1177 (a) In order to apply for certification as a master 1178 qualifier, each applicant must be a category I liquefied 1179 petroleum gas dealer qualifier or liquefied petroleum gas 1180 installer qualifier, must be employed by a licensed category I 1181 liquefied petroleum gas dealer, liquefied petroleum gas 1182 installer, or applicant for such license, must provide 1183 documentation of a minimum of 1 year’s work experience in the 1184 gas industry, and must pass a master qualifier competency 1185 examination. Master qualifier examinations shall be based on 1186 Florida’s laws, rules, and adopted codes governing liquefied 1187 petroleum gas safety, general industry safety standards, and 1188 administrative procedures. The examination must be successfully 1189 passedcompletedby the applicant with a grade of at least 75 1190 percentor more. Each applicant for master qualifier status 1191 shall submit to the department a nonrefundable $30 examination 1192 fee prior to the examination. 1193 (c) Master qualifier status shall expire 3 years after the 1194 date of issuance of the certificate and may be renewed by 1195 submission to the department of documentation of completion of 1196 at least 1612hours of approved continuing education courses 1197 during the 3-year period; proof of employment with a licensed 1198 category I liquefied petroleum gas dealer, liquefied petroleum 1199 gas installer, or applicant; and a $30 certificate renewal fee. 1200 The department shall define, by rule, approved courses of 1201 continuing education. 1202 Section 33. Section 527.12, Florida Statutes, is amended to 1203 read: 1204 527.12 Cease and desist orders; stop-use orders; stop 1205 operation orders; stop-sale orders; administrative fines.— 1206 (1) Whenever the department hasshall havereason to 1207 believe that any person is violating or has violatedbeen1208violating provisions ofthis chapter or any rules adopted under 1209 this chapterpursuant thereto, the departmentitmay issue a 1210 cease and desist order,orimpose a civil penalty, or do both 1211may issue such cease and desist order and impose a civil1212penalty. 1213 (2) Whenever a person or liquefied petroleum gas system or 1214 storage facility, or any part or component thereof, fails to 1215 comply with this chapter or any rules adopted under this 1216 chapter, the department may issue a stop-use order, stop 1217 operation order, or stop-sale order. 1218 Section 34. Subsection (1) of section 559.805, Florida 1219 Statutes, is amended to read: 1220 559.805 Filings with the department; disclosure of 1221 advertisement identification number.— 1222 (1) Every seller of a business opportunity shall annually 1223 file with the department a copy of the disclosure statement 1224 required by s. 559.803 beforeprior toplacing an advertisement 1225 or making any other representation designed to offer to, sell 1226 to, or solicit an offer to buy a business opportunity from a 1227 prospective purchaser in this state and shall update this filing 1228 by reporting any material change in the required information 1229 within 30 days after the material change occurs. An 1230 advertisement is not placed in the state merely because the 1231 publisher circulates, or there is circulated on his or her 1232 behalf in the state, any bona fide newspaper or other 1233 publication of general, regular, and paid circulation which has 1234 had more than two-thirds of its circulation during the past 12 1235 months outside the state or because a radio or television 1236 program originating outside the state is received in the state. 1237 If the seller is required by s. 559.807 to provide a bond or 1238 establish a trust account or guaranteed letter of credit, he or 1239 she shall contemporaneously file with the department a copy of 1240 the bond, a copy of the formal notification by the depository 1241 that the trust account is established, or a copy of the 1242 guaranteed letter of credit. Every seller of a business 1243 opportunity shall file with the department a list of independent 1244 agents who will engage in the offer or sale of business 1245 opportunities on behalf of the seller in this state. This list 1246 must be kept current and shall include the following 1247 information: name, home and business address, telephone number, 1248 present employer,social security number,and birth date. ANo1249 person may notshall be allowed tooffer or sell business 1250 opportunities unless the required information ishas been1251 provided to the department. 1252 Section 35. Subsection (3) of section 559.928, Florida 1253 Statutes, is amended to read: 1254 559.928 Registration.— 1255 (3) Each independent agent shall annually file an affidavit 1256 with the department beforeprior toengaging in business in this 1257 state. This affidavit must include the independent agent’s full 1258 name, legal business or trade name, mailing address, business 1259 address, telephone number,social security number,and the name 1260 or names and addresses of each seller of travel represented by 1261 the independent agent. A letter evidencing proof of filing must 1262 be issued by the department and must be prominently displayed in 1263 the independent agent’s primary place of business. Each 1264 independent agent must also submit an annual registration fee of 1265 $50. All moneys collected pursuant to the imposition of the fee 1266 shall be deposited by the Chief Financial Officer into the 1267 General Inspection Trust Fund of the Department of Agriculture 1268 and Consumer Services for the sole purpose of administrating 1269 this part. As used in this subsection, the term “independent 1270 agent” means a person who represents a seller of travel by 1271 soliciting persons on its behalf; who has a written contract 1272 with a seller of travel which is operating in compliance with 1273 this part and any rules adopted thereunder; who does not receive 1274 a fee, commission, or other valuable consideration directly from 1275 the purchaser for the seller of travel; who does not at any time 1276 have any unissued ticket stock or travel documents in his or her 1277 possession; and who does not have the ability to issue tickets, 1278 vacation certificates, or any other travel document. The term 1279 “independent agent” does not include an affiliate of the seller 1280 of travel, as that term is used in s. 559.935(3), or the 1281 employees of the seller of travel or of such affiliates. 1282 Section 36. Subsection (7) of section 570.0725, Florida 1283 Statutes, is amended to read: 1284 570.0725 Food recovery; legislative intent; department 1285 functions.— 1286 (7) For public information purposes, the department may 1287shalldevelop and provideapublic informationbrochure1288 detailing the need for food banks and similaroffood recovery 1289 programs, the benefit of suchfood recoveryprograms, the manner 1290 in whichsuchorganizations may become involved in suchfood1291recoveryprograms, and the protection afforded to such programs 1292 under s. 768.136, and the food recovery entities or food banks1293that exist in the state.This brochure must be updated annually.1294 A food bank or similar food recovery organization seeking to be 1295 included on a list of such organizations must notify the 1296 department and provide the information required by rule of the 1297 department. Such organizations are responsible for updating the 1298 information and providing the updated information to the 1299 department. The department may adopt rules to implement this 1300 section. 1301 Section 37. Paragraph (e) of subsection (6) of section 1302 570.53, Florida Statutes, is amended to read: 1303 570.53 Division of Marketing and Development; powers and 1304 duties.—The powers and duties of the Division of Marketing and 1305 Development include, but are not limited to: 1306 (6) 1307 (e) Extending in every practicable way the distribution and 1308 sale of Florida agricultural products throughout the markets of 1309 the world as required of the department by s.ss.570.07(7), 1310 (8), (10), and (11)and570.071and chapters 571, 573, and 574. 1311 Section 38. Subsection (2) of section 570.54, Florida 1312 Statutes, is amended to read: 1313 570.54 Director; duties.— 1314 (2) It shall be the duty of the director of this division 1315 to supervise, direct, and coordinate the activities authorized 1316 by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and 1317 (20),570.071,570.21, 534.47-534.53, and 604.15-604.34 and 1318 chapters 504, 571, 573, and 574 and to exercise other powers and 1319 authority as authorized by the department. 1320 Section 39. Subsection (4) of section 570.55, Florida 1321 Statutes, is amended to read: 1322 570.55 Identification of sellers or handlers of tropical or 1323 subtropical fruit and vegetables; containers specified; 1324 penalties.— 1325 (4) IDENTIFICATION OF HANDLER.—At the time of each 1326 transaction involving the handling or sale of 55 pounds or more 1327 of tropical or subtropical fruit or vegetables in the primary 1328 channel of trade, the buyer or receiver of the tropical or 1329 subtropical fruit or vegetables shall demand a bill of sale, 1330 invoice, sales memorandum, or other document listing the date of 1331 the transaction, the quantity of the tropical or subtropical 1332 fruit or vegetables involved in the transaction, and the 1333 identification of the seller or handler as it appears on the 1334 driver’s license of the seller or handler, including the 1335 driver’s license number. If the seller or handler does not 1336 possess a driver’s license, the buyer or receiver shall use any 1337 other acceptable means of identification, which may include, but 1338 is not limited to,i.e.,voter’s registration card and number, 1339 draft card,social security card,or other identification. 1340 However, no less than two identification documents shall be 1341 used. The identification of the seller or handler shall be 1342 recorded on the bill of sale, sales memorandum, invoice, or 1343 voucher, which shall be retained by the buyer or receiver for a 1344 period of not less than 1 year from the date of the transaction. 1345 Section 40. Subsection (3) of section 570.902, Florida 1346 Statutes, is amended to read: 1347 570.902 Definitions; ss. 570.902 and 570.903.—For the 1348 purpose of ss. 570.902 and 570.903: 1349(3) “Museum” means the Florida Agricultural Museum which is1350designated as the museum for agriculture and rural history of1351the State of Florida.1352 Section 41. Section 570.903, Florida Statutes, is amended 1353 to read: 1354 570.903 Direct-support organization.— 1355 (1) When the Legislature authorizes the establishment of a 1356 direct-support organization to provide assistance forthe1357museums,the Florida Agriculture in the Classroom Program,the1358Florida State Collection of Arthropods,the Friends of the 1359 Florida State Forests Program of the Division of Forestry, and 1360 the Forestry Arson Alert Program, and other programs of the 1361 department, the following provisions shall govern the creation, 1362 use, powers, and duties of the direct-support organization. 1363 (a) The department shall enter into a memorandum or letter 1364 of agreement with the direct-support organization, which shall 1365 specify the approval of the department, the powers and duties of 1366 the direct-support organization, and rules with which the 1367 direct-support organization shall comply. 1368 (b) The department may permit, without charge, appropriate 1369 use of property, facilities, and personnel of the department by 1370 a direct-support organization, subject to the provisions of ss. 1371 570.902 and 570.903. The use shall be directly in keeping with 1372 the approved purposes of the direct-support organization and 1373 shall not be made at times or places that would unreasonably 1374 interfere with opportunities for the general public to use 1375 department facilities for established purposes. 1376 (c) The department shall prescribe by contract or by rule 1377 conditions with which a direct-support organization shall comply 1378 in order to use property, facilities, or personnel of the 1379 departmentor museum. Such rules shall provide for budget and 1380 audit review and oversight by the department. 1381 (d) The department shall not permit the use of property, 1382 facilities, or personnel of themuseum,department,or 1383 designated program by a direct-support organization which does 1384 not provide equal employment opportunities to all persons 1385 regardless of race, color, religion, sex, age, or national 1386 origin. 1387 (2)(a) The direct-support organization shall be empowered 1388 to conduct programs and activities; raise funds; request and 1389 receive grants, gifts, and bequests of money; acquire, receive, 1390 hold, invest, and administer, in its own name, securities, 1391 funds, objects of value, or other property, real or personal; 1392 and make expenditures to or for the direct or indirect benefit 1393 of themuseum ordesignated program. 1394 (b) Notwithstanding the provisions of s. 287.057, the 1395 direct-support organization may enter into contracts or 1396 agreements with or without competitive bidding for the 1397restoration of objects, historical buildings, and other1398historical materials or for the purchase of objects, historical1399buildings, and other historical materials which are to be added1400to the collections of the museum, orbenefit of the designated 1401 program. However, before the direct-support organization may 1402 enter into a contract or agreement without competitive bidding, 1403 the direct-support organization shall file a certification of 1404 conditions and circumstances with the internal auditor of the 1405 department justifying each contract or agreement. 1406 (c) Notwithstanding the provisions of s. 287.025(1)(e), the 1407 direct-support organization may enter into contracts to insure 1408 property of themuseum ordesignated programsand may insure1409objects or collections on loan from others in satisfying1410security terms of the lender. 1411 (3) The direct-support organization shall provide for an 1412 annual financial audit in accordance with s. 215.981. 1413 (4) Neither a designated programor a museum,nor a 1414 nonprofit corporation trustee or employee may: 1415 (a) Receive a commission, fee, or financial benefit in 1416 connection with the sale or exchange of propertyhistorical1417objects or propertiesto the direct-support organization, the1418museum,or the designated program; or 1419 (b) Be a business associate of any individual, firm, or 1420 organization involved in the sale or exchange of property to the 1421 direct-support organization, the museum,or the designated 1422 program. 1423 (5) All moneys received by the direct-support organization 1424 shall be deposited into an account of the direct-support 1425 organization and shall be used by the organization in a manner 1426 consistent with the goals of themuseum ordesignated program. 1427 (6) The identity of a donor or prospective donor who 1428 desires to remain anonymous and all information identifying such 1429 donor or prospective donor are confidential and exempt from the 1430 provisions of s. 119.07(1) and s. 24(a), Art. I of the State 1431 Constitution. 1432 (7) The Commissioner of Agriculture, or the commissioner’s 1433 designee, may serve on the board of trustees and the executive 1434 committee of any direct-support organization established to 1435 benefitthe museum orany designated program. 1436(8) The department shall establish by rule archival1437procedures relating to museum artifacts and records. The rules1438shall provide procedures which protect the museum’s artifacts1439and records equivalent to those procedures which have been1440established by the Department of State under chapters 257 and1441267.1442 Section 42. Subsection (4) of section 573.118, Florida 1443 Statutes, is amended to read: 1444 573.118 Assessment; funds; audit; loans.— 1445 (4) In the event of levying and collecting of assessments, 1446 for each fiscal year in which assessment funds are received by 1447 the department, the department shall maintain records of 1448 collections and expenditures for each marketing order separately 1449 within the state’s accounting system. If requested by an 1450 advisory council, department staff shall cause to be made a 1451 thoroughannualaudit of thebooks andaccountsby a certified1452public accountant, such audit to be completed within 60 days 1453 after the request is receivedend of the fiscal year. The 1454 advisory councildepartment and all producers and handlers1455covered by the marketing ordershall be provided a copy of the 1456properly advised of the details of the annual officialaudit of 1457 the accountsas shown by the certified public accountantwithin 1458 30 days after completion of the audit. 1459 Section 43. Subsections (18) through (30) of section 1460 581.011, Florida Statutes, are renumbered as subsections (17) 1461 through (29), respectively, and present subsections (17) and 1462 (20) of that section are amended to read: 1463 581.011 Definitions.—As used in this chapter: 1464(17) “Museum” means the Florida State Collection of1465Arthropods.1466 (19)(20)“Nursery” means any grounds or premises on or in 1467 which nursery stock is grown, propagated, or held for sale or 1468 distribution, includingexcept whereaquatic plant speciesare1469 tended for harvest in the natural environment. 1470 Section 44. Paragraph (a) of subsection (3) of section 1471 581.211, Florida Statutes, is amended to read: 1472 581.211 Penalties for violations.— 1473 (3)(a)1. In addition to any other provision of law, the 1474 department may, after notice and hearing, impose an 1475 administrative fine not exceeding $10,000$5,000for each 1476 violation of this chapter, upon any person, nurseryman, stock 1477 dealer, agent or plant broker. The fine, when paid, shall be 1478 deposited in the Plant Industry Trust Fund. In addition, the 1479 department may place the violator on probation for up to 1 year, 1480 with conditions. 1481 2. The imposition of a fine or probation pursuant to this 1482 subsection may be in addition to or in lieu of the suspension or 1483 revocation of a certificate of registration or certificate of 1484 inspection. 1485 Section 45. Section 583.13, Florida Statutes, is amended to 1486 read: 1487 583.13 Labeling and advertising requirements for dressed 1488 poultry; unlawful acts.— 1489 (1) It is unlawful for any dealer or broker to sell, offer 1490 for sale, or hold for the purpose of sale in the state any 1491 dressed or ready-to-cook poultry in bulk unless thesuchpoultry 1492 is packed in a container clearly bearing a label, not less than 1493 3 inches by 5 inches, on which shall be plainly and legibly 1494 printed, in letters of not less than 1/4 inch highin height, 1495the grade andthe part name or whole-bird statement of such 1496 poultry.The grade may be expressed in the term “premium,”1497“good,” or “standard,” or as the grade of another state or1498federal agency the standards of quality of which, by law, are1499equal to the standards of quality provided by this law and rules1500promulgated hereunder.1501 (2) It is unlawful to sell unpackaged dressed or ready-to 1502 cook poultry at retail unless such poultry is labeled by a 1503 placard immediately adjacent to the poultry or unless each bird 1504 is individually labeled to showthe grade andthe part name or 1505 whole-bird statement. The placard shall be no smaller than 7 1506 inches by 7 inches in size, and the required labeling 1507 information shall be legibly and plainly printed on the placard 1508 in letters not smaller than 1 inch in height. 1509 (3) It is unlawful to sell packaged dressed or ready-to 1510 cook poultry at retail unless such poultry is labeled to show 1511the grade,the part name or whole-bird statement, the net weight 1512 of the poultry, and the name and address of the dealer. The size 1513 of the type on the label must be one-eighth inch or larger. A 1514 placard immediately adjacent to such poultry may be used to 1515 indicatethe grade andthe part name or whole-bird statement, 1516 but not the net weight of the poultry or the name and address of 1517 the dealer. 1518 (4) It is unlawful to use dressed or ready-to-cook poultry 1519 in bulk in the preparation of food served to the public, or to 1520 hold such poultry for the purpose of such use, unless the 1521 poultry when received was packed in a container clearly bearing 1522 a label, not less than 3 inches by 5 inches, on which was 1523 plainly and legibly printed, in letters not less than 1/4one1524fourthinch highin height,the grade andthe part name or 1525 whole-bird statement of such poultry.The grade may be expressed1526in the term “premium,” “good,” or “standard,” or as the grade of1527another state or federal agency the standards of quality of1528which, by law, are equal to the standards of quality provided by1529this law and rules promulgated hereunder.1530 (5) It is unlawful to offer dressed or ready-to-cook 1531 poultry for sale in any advertisement in a newspaper or 1532 circular, on radio or television, or in any other form of 1533 advertising without plainly designating in such advertisement 1534the grade andthe part name or whole-bird statement of such 1535 poultry. 1536 Section 46. Subsection (1) of section 585.61, Florida 1537 Statutes, is amended to read: 1538 585.61 Animal disease diagnostic laboratories.— 1539 (1) There is hereby created and established an animal 1540 disease diagnostic laboratory in Osceola County and Suwannee 1541 County. The laboratory complex in Osceola County is designated 1542 as “The Bronson Animal Disease Diagnostic Laboratory.” 1543 Section 47. Section 590.125, Florida Statutes, is amended 1544 to read: 1545 590.125 Open burning authorized by the division.— 1546 (1) DEFINITIONS.—As used in this section, the term: 1547 (a) “Certified pile burner” means an individual who 1548 successfully completes the division’s pile burning certification 1549 program and possesses a valid pile burner certification number. 1550(a)“Prescribed burning” means the controlled application1551of fire in accordance with a written prescription for vegetative1552fuels under specified environmental conditions while following1553appropriate precautionary measures that ensure that the fire is1554confined to a predetermined area to accomplish the planned fire1555or land-management objectives.1556 (b) “Certified prescribed burn manager” means an individual 1557 who successfully completes the certified prescribed burning 1558certificationprogram of the division and possesses a valid 1559 certification number. 1560(c)“Prescription” means a written plan establishing the1561criteria necessary for starting, controlling, and extinguishing1562a prescribed burn.1563 (c)(d)“Extinguished” means:that no spreading flame1564 1. For wild land burning or certified prescribed burning, 1565 that no spreading flames exist.and no visible flame, smoke, or1566emissions1567 2. For vegetative land-clearing debris burning or pile 1568 burning, that no visible flames exist. 1569 3. For vegetative land-clearing debris burning or pile 1570 burning in an area designated as smoke sensitive by the 1571 division, that no visible flames, smoke, or emissions exist. 1572 (d) “Land-clearing operation” means the uprooting or 1573 clearing of vegetation in connection with the construction of 1574 buildings and rights-of-way, land development, and mineral 1575 operations. The term does not include the clearing of yard 1576 trash. 1577 (e) “Pile burning” means the burning of silvicultural, 1578 agricultural, or land-clearing and tree-cutting debris 1579 originating onsite, which is stacked together in a round or 1580 linear fashion, including, but not limited to, a windrow. 1581 (f) “Prescribed burning” means the controlled application 1582 of fire in accordance with a written prescription for vegetative 1583 fuels under specified environmental conditions while following 1584 appropriate precautionary measures that ensure that the fire is 1585 confined to a predetermined area to accomplish the planned fire 1586 or land-management objectives. 1587 (g) “Prescription” means a written plan establishing the 1588 criteria necessary for starting, controlling, and extinguishing 1589 a prescribed burn. 1590 (h) “Yard trash” means vegetative matter resulting from 1591 landscaping and yard maintenance operations and other such 1592 routine property cleanup activities. The term includes materials 1593 such as leaves, shrub trimmings, grass clippings, brush, and 1594 palm fronds. 1595 (2) NONCERTIFIED BURNING.— 1596 (a) Persons may be authorized to burn wild land or 1597 vegetative land-clearing debris in accordance with this 1598 subsection if: 1599 1. There is specific consent of the landowner or his or her 1600 designee; 1601 2. Authorization has been obtained from the division or its 1602 designated agent before starting the burn; 1603 3. There are adequate firebreaks at the burn site and 1604 sufficient personnel and firefighting equipment for the control 1605 of the fire; 1606 4. The fire remains within the boundary of the authorized 1607 area; 1608 5. Someone is present at the burn site until the fire is 1609 extinguished; 1610 6. The division does not cancel the authorization; and 1611 7. The division determines that air quality and fire danger 1612 are favorable for safe burning. 1613 (b) A person who burns wild land or vegetative land 1614 clearing debris in a manner that violates any requirement of 1615 this subsection commits a misdemeanor of the second degree, 1616 punishable as provided in s. 775.082 or s. 775.083. 1617 (3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND 1618 PURPOSE.— 1619 (a) The application of prescribed burning is a land 1620 management tool that benefits the safety of the public, the 1621 environment, and the economy of the state. The Legislature finds 1622 that: 1623 1. Prescribed burning reduces vegetative fuels within wild 1624 land areas. Reduction of the fuel load reduces the risk and 1625 severity of wildfire, thereby reducing the threat of loss of 1626 life and property, particularly in urban areas. 1627 2. Most of Florida’s natural communities require periodic 1628 fire for maintenance of their ecological integrity. Prescribed 1629 burning is essential to the perpetuation, restoration, and 1630 management of many plant and animal communities. Significant 1631 loss of the state’s biological diversity will occur if fire is 1632 excluded from fire-dependent systems. 1633 3. Forestland and rangeland constitute significant 1634 economic, biological, and aesthetic resources of statewide 1635 importance. Prescribed burning on forestland prepares sites for 1636 reforestation, removes undesirable competing vegetation, 1637 expedites nutrient cycling, and controls or eliminates certain 1638 forest pathogens. On rangeland, prescribed burning improves the 1639 quality and quantity of herbaceous vegetation necessary for 1640 livestock production. 1641 4. The state purchased hundreds of thousands of acres of 1642 land for parks, preserves, wildlife management areas, forests, 1643 and other public purposes. The use of prescribed burning for 1644 management of public lands is essential to maintain the specific 1645 resource values for which these lands were acquired. 1646 5. A public education program is necessary to make citizens 1647 and visitors aware of the public safety, resource, and economic 1648 benefits of prescribed burning. 1649 6. Proper training in the use of prescribed burning is 1650 necessary to ensure maximum benefits and protection for the 1651 public. 1652 7. As Florida’s population continues to grow, pressures 1653 from liability issues and nuisance complaints inhibit the use of 1654 prescribed burning. Therefore, the division is urged to maximize 1655 the opportunities for prescribed burning conducted during its 1656 daytime and nighttime authorization process. 1657 (b) Certified prescribed burning pertains only to broadcast 1658 burning for purposes of silviculture, wildlife management, 1659 ecological maintenance and restoration, and range and pasture 1660 management. It must be conducted in accordance with this 1661 subsection and: 1662 1. May be accomplished only when a certified prescribed 1663 burn manager is present on site with a copy of the prescription 1664 from ignition of the burn to its completion. 1665 2. Requires that a written prescription be prepared before 1666 receiving authorization to burn from the division. 1667 3. Requires that the specific consent of the landowner or 1668 his or her designee be obtained before requesting an 1669 authorization. 1670 4. Requires that an authorization to burn be obtained from 1671 the division before igniting the burn. 1672 5. Requires that there be adequate firebreaks at the burn 1673 site and sufficient personnel and firefighting equipment for the 1674 control of the fire. 1675 6. Is considered to be in the public interest and does not 1676 constitute a public or private nuisance when conducted under 1677 applicable state air pollution statutes and rules. 1678 7. Is considered to be a property right of the property 1679 owner if vegetative fuels are burned as required in this 1680 subsection. 1681 (c) Neither a property owner nor his or her agent is liable 1682 pursuant to s. 590.13 for damage or injury caused by the fire or 1683 resulting smoke or considered to be in violation of subsection 1684 (2) for burns conducted in accordance with this subsection 1685 unless gross negligence is proven. 1686 (d) Any certified burner who violates this section commits 1687 a misdemeanor of the second degree, punishable as provided in s. 1688 775.082 or s. 775.083. 1689 (e) The division shall adopt rules for the use of 1690 prescribed burning and for certifying and decertifying certified 1691 prescribed burn managers based on their past experience, 1692 training, and record of compliance with this section. 1693 (4) CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND 1694 PURPOSE.— 1695 (a) Pile burning is a tool that benefits current and future 1696 generations in Florida by disposing of naturally occurring 1697 vegetative debris through burning rather than disposing of the 1698 debris in landfills. 1699 (b) Certified pile burning pertains to the disposal of 1700 piled, naturally occurring debris from an agricultural, 1701 silvicultural, or temporary land-clearing operation. A land 1702 clearing operation is temporary if it operates for 6 months or 1703 less. Certified pile burning must be conducted in accordance 1704 with this subsection, and: 1705 1. A certified pile burner must ensure, before ignition, 1706 that the piles are properly placed and that the content of the 1707 piles is conducive to efficient burning. 1708 2. A certified pile burner must ensure that the piles are 1709 properly extinguished no later than 1 hour after sunset. If the 1710 burn is conducted in an area designated by the division as smoke 1711 sensitive, a certified pile burner must ensure that the piles 1712 are properly extinguished at least 1 hour before sunset. 1713 3. A written pile burn plan must be prepared before 1714 receiving authorization from the division to burn. 1715 4. The specific consent of the landowner or his or her 1716 agent must be obtained before requesting authorization to burn. 1717 5. An authorization to burn must be obtained from the 1718 division or its designated agent before igniting the burn. 1719 6. There must be adequate firebreaks and sufficient 1720 personnel and firefighting equipment at the burn site to control 1721 the fire. 1722 (c) If a burn is conducted in accordance with this 1723 subsection, the property owner and his or her agent are not 1724 liable under s. 590.13 for damage or injury caused by the fire 1725 or resulting smoke, and are not in violation of subsection (2), 1726 unless gross negligence is proven. 1727 (d) A certified pile burner who violates this section 1728 commits a misdemeanor of the second degree, punishable as 1729 provided in s. 775.082 or s. 775.083. 1730 (e) The division shall adopt rules regulating certified 1731 pile burning. The rules shall include procedures and criteria 1732 for certifying and decertifying certified pile burn managers 1733 based on past experience, training, and record of compliance 1734 with this section. 1735 (5)(4)WILDFIRE HAZARD REDUCTION TREATMENT BY THE 1736 DIVISION.—The division may conduct fuel reduction initiatives, 1737 including, but not limited to, burning and mechanical and 1738 chemical treatment, on any area of wild land within the state 1739 which is reasonably determined to be in danger of wildfire in 1740 accordance with the following procedures: 1741 (a) Describe the areas that will receive fuels treatment to 1742 the affected local governmental entity. 1743 (b) Publish a treatment notice, including a description of 1744 the area to be treated, in a conspicuous manner in at least one 1745 newspaper of general circulation in the area of the treatment 1746 not less than 10 days before the treatment. 1747 (c) Prepare,and sendthe county tax collector shall1748include with the annual tax statement,a notice tobe sent to1749 all landowners in each areatownshipdesignated by the division 1750 as a wildfire hazard area. The notice must describe particularly 1751 the area to be treated and the tentative date or dates of the 1752 treatment and must list the reasons for and the expected 1753 benefits from the wildfire hazard reduction. 1754 (d) Consider any landowner objections to the fuels 1755 treatment of his or her property. The landowner may apply to the 1756 director of the division for a review of alternative methods of 1757 fuel reduction on the property. If the director or his or her 1758 designee does not resolve the landowner objection, the director 1759 shall convene a panel made up of the local forestry unit 1760 manager, the fire chief of the jurisdiction, and the affected 1761 county or city manager, or any of their designees. If the 1762 panel’s recommendation is not acceptable to the landowner, the 1763 landowner may request further consideration by the Commissioner 1764 of Agriculture or his or her designee and shall thereafter be 1765 entitled to an administrative hearing pursuant to the provisions 1766 of chapter 120. 1767 (6) DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING 1768 AUTHORIZATION PROGRAMS.— 1769 (a) A county or municipality may exercise the division’s 1770 authority, if delegated by the division under this subsection, 1771 to issue authorizations for the burning of yard trash or debris 1772 from land-clearing operations. A county’s or municipality’s 1773 existing or proposed open burning authorization program must: 1774 1. Be approved by the division. The division shall not 1775 approve a program if it fails to meet the requirements of 1776 subsections (2) and (4) and any rules adopted under those 1777 subsections. 1778 2. Provide by ordinance or local law the requirements for 1779 obtaining and performing a burn authorization that comply with 1780 subsections (2) and (4) and any rules adopted under those 1781 subsections. 1782 3. Provide for the enforcement of the program’s 1783 requirements. 1784 4. Provide financial, personnel, and other resources needed 1785 to carry out the program. 1786 (b) If the division determines that a county’s or 1787 municipality’s open burning authorization program does not 1788 comply with subsections (2) and (4) and any rules adopted under 1789 those subsections, the division shall require the county or 1790 municipality to take necessary corrective actions within a 1791 reasonable period, not to exceed 90 days. 1792 1. If the county or municipality fails to take the 1793 necessary corrective actions within the required period, the 1794 division shall resume administration of the open burning 1795 authorization program in the county or municipality and the 1796 county or municipality shall cease administration of its 1797 program. 1798 2. Each county and municipality administering an open 1799 burning authorization program must cooperate with and assist the 1800 division in carrying out the division’s powers, duties, and 1801 functions. 1802 3. A person who violates the requirements of a county’s or 1803 municipality’s open burning authorization program, as provided 1804 by ordinance or local law enacted pursuant to this section, 1805 commits a violation of this chapter, punishable as provided in 1806 s. 590.14. 1807 (7)(5)DUTIES OF AGENCIES.—The Department of Education 1808 shall incorporate, where feasible and appropriate, the issues of 1809 fuels treatment, including prescribed burning, into its 1810 educational materials. 1811 Section 48. Section 590.14, Florida Statutes, is amended to 1812 read: 1813 590.14 Notice of violation; penalties.— 1814 (1) If a division employee determines that a person has 1815 violated chapter 589,orthis chapter, or any rule adopted by 1816 the division to administer provisions of law conferring duties 1817 upon the division, the division employeehe or shemay issue a 1818 notice of violation indicating the statute violated. This notice 1819 will be filed with the division and a copy forwarded to the 1820 appropriate law enforcement entity for further action if 1821 necessary. 1822 (2) In addition to any penalties provided by law, any 1823 person who causes a wildfire or permits any authorized fire to 1824 escape the boundaries of the authorization or to burn past the 1825 time of the authorization is liable for the payment of all 1826 reasonable costs and expenses incurred in suppressing the fire 1827 or $150, whichever is greater. All costs and expenses incurred 1828 by the division shall be payable to the division. When such 1829 costs and expenses are not paid within 30 days after demand, the 1830 division may take proper legal proceedings for the collection of 1831 the costs and expenses. Those costs incurred by an agency acting 1832 at the division’s direction are recoverable by that agency. 1833 (3) The department may also impose an administrative fine, 1834 not to exceed $1,000 per violation of any section of chapter 589 1835 or this chapter or violation of any rule adopted by the division 1836 to administer provisions of law conferring duties upon the 1837 division. The fine shall be based upon the degree of damage, the 1838 prior violation record of the person, and whether the person 1839 knowingly provided false information to obtain an authorization. 1840 The fines shall be deposited in the Incidental Trust Fund of the 1841 division. 1842 (4) A person may not: 1843 (a) Fail to comply with any rule or order adopted by the 1844 division to administer provisions of law conferring duties upon 1845 the division; or 1846 (b) Knowingly make any false statement or representation in 1847 any application, record, plan, or other document required by 1848 this chapter or any rules adopted under this chapter. 1849 (5) A person who violates paragraph (4)(a) or paragraph 1850 (4)(b) commits a misdemeanor of the second degree, punishable as 1851 provided in s. 775.082 or s. 775.083. 1852 (6) It is the intent of the Legislature that a penalty 1853 imposed by a court under subsection (5) be of a severity that 1854 ensures immediate and continued compliance with this section. 1855 (7)(4)The penalties provided in this section shall extend 1856 to both the actual violator and the person or persons, firm, or 1857 corporation causing, directing, or permitting the violation. 1858 Section 49. Paragraph (a) of subsection (1) of section 1859 599.004, Florida Statutes, is amended to read: 1860 599.004 Florida Farm Winery Program; registration; logo; 1861 fees.— 1862 (1) The Florida Farm Winery Program is established within 1863 the Department of Agriculture and Consumer Services. Under this 1864 program, a winery may qualify as a tourist attraction only if it 1865 is registered with and certified by the department as a Florida 1866 Farm Winery. A winery may not claim to be certified unless it 1867 has received written approval from the department. 1868 (a) To qualify as a certified Florida Farm Winery, a winery 1869 shall meet the following standards: 1870 1. Produce or sell less than 250,000 gallons of wine 1871 annually. 1872 2. Maintain a minimum of 10 acres of owned or managed land 1873vineyardsin Florida which produces commodities used in the 1874 production of wine. 1875 3. Be open to the public for tours, tastings, and sales at 1876 least 30 hours each week. 1877 4. Make annual application to the department for 1878 recognition as a Florida Farm Winery, on forms provided by the 1879 department. 1880 5. Pay an annual application and registration fee of $100. 1881 Section 50. Subsection (1) of section 604.15, Florida 1882 Statutes, is amended, and subsection (11) is added to that 1883 section, to read: 1884 604.15 Dealers in agricultural products; definitions.—For 1885 the purpose of ss. 604.15-604.34, the following words and terms, 1886 when used, shall be construed to mean: 1887 (1) “Agricultural products” means the natural products of 1888 the farm, nursery, grove, orchard, vineyard, garden, and apiary 1889 (raw or manufactured); sod;tropical foliage;horticulture; hay; 1890 livestock; milk and milk products; poultry and poultry products; 1891 the fruit of the saw palmetto (meaning the fruit of the Serenoa 1892 repens); limes (meaning the fruit Citrus aurantifolia, variety 1893 Persian, Tahiti, Bearss, or Florida Key limes); and any other 1894 nonexempt agricultural products produced in the state, except 1895 tobacco, sugarcane, tropical foliage, timber and timber 1896 byproducts, forest products as defined in s. 591.17, and citrus 1897 other than limes. 1898 (11) “Responsible position” means a position within the 1899 business of a dealer in agricultural products that has the 1900 authority to negotiate or make the purchase of agricultural 1901 products on behalf of the dealer’s business or has principal 1902 active management authority over the business decisions, 1903 actions, and activities of the dealer’s business in this state. 1904 Section 51. Section 604.19, Florida Statutes, is amended to 1905 read: 1906 604.19 License; fee; bond; certificate of deposit; 1907 penalty.—Unless the department refuses the application on one or 1908 more of the grounds provided in this section, it shall issue to 1909 an applicant, upon the payment of required fees and the 1910 execution and delivery of a bond or certificate of deposit as 1911 provided in this section, a state license entitling the 1912 applicant to conduct business as a dealer in agricultural 1913 products for a 1-year period to coincide with the effective 1914 period of the bond or certificate of deposit furnished by the 1915 applicant. During the 1-year period covered by a license, if the 1916 supporting surety bond or certificate of deposit is canceled for 1917 any reason, the license shall automatically expire on the date 1918 the surety bond or certificate of deposit terminates, unless an 1919 acceptable replacement is in effect before the date of 1920 termination so that continual coverage occurs for the remaining 1921 period of the license. A surety company shall give the 1922 department a 30-day written notice of cancellation by certified 1923 mail in order to cancel a bond. Cancellation of a bond or 1924 certificate of deposit doesshallnot relieve a surety company 1925 or financial institution of liability for purchases or sales 1926 occurring while the bond or certificate of deposit was in 1927 effect. The license fee, which must be paid for the principal 1928 place of business for a dealer in agricultural products, shall 1929 be based upon the amount of the dealer’s surety bond or 1930 certificate of deposit furnished by each dealer under the 1931 provisions of s. 604.20 and may not exceed $500. For each 1932 additional place in which the applicant desires to conduct 1933 business and which the applicant names in the application, the 1934 additional license fee must be paid but may not exceed $100 1935 annually. If aShould anydealer in agricultural products fails, 1936 refuses, or neglectsfail, refuse, or neglectto apply and 1937 qualify for the renewal of a license on or before itsthe date1938ofexpiration datethereof, a penalty not to exceed $100 shall 1939 apply to and be added to theoriginallicense fee for the 1940 principal place of business and to the license fee for each 1941 additional place of business named in the application and shall 1942 be paid by the applicant before the renewal license may be 1943 issued. The department by rule shall prescribe fee amounts 1944 sufficient to fund ss. 604.15-604.34. 1945 Section 52. Section 604.25, Florida Statutes, is amended to 1946 read: 1947 604.25 Denial of, refusal to renewgrant, or suspension or 1948 revocation of,license.— 1949(1)The department may deny, refuse to renew,decline to1950grant a licenseormaysuspend or revoke a licensealready1951grantedif the applicant or licensee has: 1952 (1)(a)Suffered a monetary judgment entered against the 1953 applicant or licenseeuponwhich isexecution has been returned1954 unsatisfied; 1955 (2)(b)Made false charges for handling or services 1956 rendered; 1957 (3)(c)Failed to account promptly and properly or to make 1958 settlements with any producer; 1959 (4)(d)Made any false statement or statements as to 1960 condition, quality, or quantity of goods received or held for 1961 sale when the true condition, quality, or quantity could have 1962 been ascertained by reasonable inspection; 1963 (5)(e)Made any false or misleading statement or statements 1964 as to market conditions or service rendered; 1965 (6)(f)Been guilty of a fraud in the attempt to procure, or 1966 the procurement of, a license; 1967 (7)(g)Directly or indirectly sold agricultural products 1968 received on consignment or on a net return basis for her or his 1969 own account, without prior authority from the producer 1970 consigning the same, or without notifying such producer; 1971 (8)(h)Failed to prevent a person from holding a position 1972 as the applicant’s or licensee’s owner, officer, director, 1973 general or managing partner, or employeeEmployedin a 1974 responsible positiona person, or holding any other similarly 1975 situated position, if the person holds or has held a similar 1976 position with any entity thatan officer of a corporation, who1977 has failed to fully comply with an order of the department, has 1978 not satisfied a civil judgment held by the department, has 1979 pending any administrative or civil enforcement action by the 1980 department, or has pending any criminal charges pursuant to s. 1981 604.30at any time within 1 year after issuance; 1982 (9)(i)Violated any statute or rule relating to the 1983 purchase or sale of any agricultural product, whether or not 1984 such transaction is subject to the provisions of this chapter; 1985or1986 (10)(j)Failed to submit to the department an application, 1987 appropriate license fees, and an acceptable surety bond or 1988 certificate of deposit; or.1989 (11)(2)FailedIf a licensee failsor refusedrefusesto 1990 complyin fullwith an order of the department or failed to 1991 satisfy a civil judgment owed to the department, her or his1992license may be suspended or revoked, in which case she or he1993shall not be eligible for license for a period of 1 year or1994until she or he has fully complied with the order of the1995department. 1996(3) No person, or officer of a corporation, whose license1997has been suspended or revoked for failure to comply with an1998order of the department may hold a responsible position with a1999licensee for a period of 1 year or until the order of the2000department has been fully complied with.2001 Section 53. Subsections (18) and (19) of section 616.242, 2002 Florida Statutes, are renumbered as subsections (19) and (20), 2003 respectively, and a new subsection (18) is added to that section 2004 to read: 2005 616.242 Safety standards for amusement rides.— 2006 (18) STOP-OPERATION ORDERS.—If an owner or amusement ride 2007 fails to comply with this chapter or any rule adopted under this 2008 chapter, the department may issue a stop-operation order. 2009 Section 54. Subsection (4) of section 686.201, Florida 2010 Statutes, is amended to read: 2011 686.201 Sales representative contracts involving 2012 commissions; requirements; termination of agreement; civil 2013 remedies.— 2014 (4) This section does not apply to persons licensed 2015 pursuant to chapter 475 who are performing services within the 2016 scope of their license or to contracts to which a seller of 2017 travel, as defined in s. 559.927, is a party. 2018 Section 55. Paragraph (c) of subsection (5) of section 2019 790.06, Florida Statutes, is amended to read: 2020 790.06 License to carry concealed weapon or firearm.— 2021 (5) The applicant shall submit to the Department of 2022 Agriculture and Consumer Services: 2023 (c) A full set of fingerprints of the applicant 2024 administered by a law enforcement agency or the Division of 2025 Licensing of the Department of Agriculture and Consumer 2026 Services. 2027 Section 56. Sections 570.071 and 570.901, Florida Statutes, 2028 are repealed. 2029 Section 57. The Department of Agriculture and Consumer 2030 Services shall meet with duly authorized representatives of 2031 established organizations representing the Florida pest control 2032 industry and prepare a report that shall be submitted to the 2033 President of the Senate, the Speaker of the House of 2034 Representatives, the chairperson of the Senate Committee on 2035 Agriculture, and the chairperson of the House Committee on 2036 Agribusiness by January 1, 2011. The report shall include 2037 recommended amendments to chapter 482, Florida Statutes, which 2038 provide for disciplinary action to be taken against licensees 2039 who violate laws or rules pertaining to the pretreatment of soil 2040 to protect newly constructed homes, pest control at sensitive 2041 facilities such as schools and nursing homes, and also the 2042 fumigation of existing homes for protection against termite 2043 damage, thereby providing additional safeguards for consumers. 2044 The report may also address other issues of concern to the 2045 department and to members of the industry, such as changes to 2046 requirements for professional liability insurance coverage or 2047 the amount of bond required, duties and responsibilities of a 2048 certified operator, issuance of a centralized pest control 2049 service center license, and limited certification for commercial 2050 wildlife management personnel. 2051 Section 58. This act shall take effect July 1, 2010.
