Bill Text: FL S0382 | 2010 | Regular Session | Engrossed

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Bill Title: Department of Agriculture and Consumer Services [EPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2010-04-30 - In Messages; Died in Messages, companion bill(s) passed, see HB 5 (Ch. 2010-230) [S0382 Detail]

Download: Florida-2010-S0382-Engrossed.html

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CS for CS for CS for SB 382                      First Engrossed 
2010382e1 
1                        A bill to be entitled 
2         An act relating to the Department of Agriculture and 
3         Consumer Services; creating s. 15.0455, F.S.; 
4         designating the Florida Agricultural Museum in Flagler 
5         County as the official state agricultural museum; 
6         providing for future repeal; amending s. 369.20, F.S.; 
7         requiring the Fish and Wildlife Conservation 
8         Commission to enter into an agreement with the 
9         Department of Environmental Protection relating to the 
10         uniform application of pesticides to the waters of the 
11         state; revising exemptions from water pollution 
12         permits; amending s. 373.1391, F.S.; requiring that 
13         the agricultural use of land present at the time of 
14         fee simple acquisition be given priority regarding the 
15         management of the land; amending s. 403.088, F.S.; 
16         requiring a permit for applying pesticide to the 
17         waters of the state; requiring the Department of 
18         Environmental Protection to enter into agreements with 
19         the Department of Agriculture and Consumer Services 
20         and the Fish and Wildlife Conservation Commission 
21         relating to the uniform application of pesticides to 
22         the waters of the state; providing a temporary 
23         deviation from the acute toxicity provisions provided 
24         by rule for pesticide application under certain 
25         circumstances; amending s. 403.9336, F.S.; revising a 
26         reference to the Model Ordinance for Florida-Friendly 
27         Fertilizer Use on Urban Landscapes; amending s. 
28         403.9337, F.S.; providing for amendment of the model 
29         ordinance by the Department of Environmental 
30         Protection; revising the criteria for a local 
31         government’s adoption of additional or more stringent 
32         standards; amending s. 487.163, F.S.; requiring the 
33         Department of Agriculture and Consumer Services to 
34         enter into an agreement with the Department of 
35         Environmental Protection relating to the uniform 
36         application of pesticides to the waters of the state; 
37         amending s. 493.6102, F.S.; specifying that provisions 
38         regulating security officers do not apply to certain 
39         law enforcement, correctional, and probation officers 
40         performing off-duty activities; amending s. 493.6105, 
41         F.S.; revising the application requirements and 
42         procedures for certain private investigative, private 
43         security, recovery agent, and firearm licenses; 
44         specifying application requirements for firearms 
45         instructor licenses; amending s. 493.6106, F.S.; 
46         revising citizenship requirements and documentation 
47         for certain private investigative, private security, 
48         and recovery agent licenses; prohibiting the licensure 
49         of applicants for a statewide firearm license or 
50         firearms instructor license who are prohibited from 
51         purchasing or possessing firearms; requiring that 
52         private investigative, security, and recovery agencies 
53         notify the Department of Agriculture and Consumer 
54         Services of changes to their branch office locations; 
55         amending s. 493.6107, F.S.; requiring the department 
56         to accept certain methods of payment for certain fees; 
57         amending s. 493.6108, F.S.; revising requirements for 
58         criminal history checks of license applicants whose 
59         fingerprints are not legible; requiring the 
60         investigation of the mental and emotional fitness of 
61         applicants for firearms instructor licenses; amending 
62         s. 493.6111, F.S.; requiring a security officer school 
63         or recovery agent school to obtain the department’s 
64         approval for use of a fictitious name; specifying that 
65         a licensee may not conduct business under more than 
66         one fictitious name; amending s. 493.6113, F.S.; 
67         revising application renewal procedures and 
68         requirements; amending s. 493.6115, F.S.; conforming 
69         cross-references; amending s. 493.6118, F.S.; 
70         authorizing disciplinary action against statewide 
71         firearm licensees and firearms instructor licensees 
72         who are prohibited from purchasing or possessing 
73         firearms; amending s. 493.6121, F.S.; deleting 
74         provisions for the department’s access to certain 
75         criminal history records provided to licensed gun 
76         dealers, manufacturers, and exporters; amending s. 
77         493.6202, F.S.; requiring the department to accept 
78         certain methods of payment for certain fees; amending 
79         s. 493.6203, F.S.; prohibiting bodyguard services from 
80         being credited toward certain license requirements; 
81         revising the training requirements for private 
82         investigator intern license applicants; requiring the 
83         automatic suspension of an intern’s license under 
84         certain circumstances; providing an exception; 
85         amending s. 493.6302, F.S.; requiring the department 
86         to accept certain methods of payment for certain fees; 
87         amending s. 493.6303, F.S.; revising the training 
88         requirements for security officer license applicants; 
89         amending s. 493.6304, F.S.; revising application 
90         requirements and procedures for security officer 
91         school licenses; amending s. 493.6401, F.S.; revising 
92         terminology for recovery agent schools and training 
93         facilities; amending s. 493.6402, F.S.; revising 
94         terminology for recovery agent schools and training 
95         facilities; requiring the department to accept certain 
96         methods of payment for certain fees; amending s. 
97         493.6406, F.S.; revising terminology; requiring 
98         recovery agent school and instructor licenses; 
99         providing license application requirements and 
100         procedures; amending s. 500.033, F.S.; revising the 
101         membership of the Florida Food Safety and Food Defense 
102         Advisory Council; amending ss. 501.605 and 501.607, 
103         F.S.; revising application requirements for commercial 
104         telephone seller and salesperson licenses; amending s. 
105         501.913, F.S.; specifying the sample size required for 
106         antifreeze registration application; amending s. 
107         525.01, F.S.; revising requirements for petroleum fuel 
108         affidavits; amending s. 525.09, F.S.; imposing an 
109         inspection fee on certain alternative fuels containing 
110         alcohol; amending s. 526.50, F.S.; defining terms 
111         applicable to regulation of the sale of brake fluid; 
112         amending s. 526.51, F.S.; revising application 
113         requirements for brake fluid permits; amending s. 
114         526.52, F.S.; revising requirements for printed 
115         statements on brake fluid containers; amending s. 
116         526.53, F.S.; revising requirements and procedures for 
117         brake fluid stop-sale orders; authorizing businesses 
118         to dispose of unregistered brake fluid under certain 
119         circumstances; amending s. 527.0201, F.S.; revising 
120         requirements for liquefied petroleum gas qualifying 
121         examinations; increasing continuing education 
122         requirements for certain liquefied petroleum gas 
123         qualifiers; amending s. 527.12, F.S.; providing for 
124         the issuance of certain stop orders; amending ss. 
125         559.805 and 559.928, F.S.; deleting social security 
126         numbers as a listing requirement on registration 
127         affidavits for independent agents of sellers of 
128         business opportunities; amending s. 570.0725, F.S.; 
129         revising provisions for public information about food 
130         banks and similar food recovery programs; authorizing 
131         the department to adopt rules; amending ss. 570.53 and 
132         570.54, F.S.; conforming cross-references; amending s. 
133         570.55, F.S.; revising requirements for identifying 
134         sellers or handlers of tropical or subtropical fruit 
135         or vegetables; amending s. 570.902, F.S.; conforming 
136         terminology to the repeal by the act of provisions 
137         establishing the Florida Agricultural Museum; amending 
138         s. 570.903, F.S.; revising provisions for direct 
139         support organizations for certain agricultural 
140         programs to conform to the repeal by the act of 
141         provisions establishing the Florida Agricultural 
142         Museum; deleting provisions for a direct-support 
143         organization for the Florida State Collection of 
144         Arthropods; amending s. 573.118, F.S.; requiring the 
145         department to maintain records of marketing orders; 
146         requiring an audit at the request of an advisory 
147         council; requiring that the advisory council receive a 
148         copy of the audit within a specified time; amending s. 
149         581.011, F.S.; deleting terminology relating to the 
150         Florida State Collection of Arthropods; revising the 
151         term “nursery” for purposes of plant industry 
152         regulations; amending s. 581.211, F.S.; increasing the 
153         maximum fine for violations of plant industry 
154         regulations; amending s. 583.13, F.S.; deleting a 
155         prohibition on the sale of poultry without displaying 
156         the poultry grade; amending s. 585.61, F.S.; 
157         designating the animal disease diagnostic laboratory 
158         complex in Osceola County; amending s. 590.125, F.S.; 
159         revising terminology for open burning authorizations; 
160         specifying purposes of certified prescribed burning; 
161         requiring the authorization of the Division of 
162         Forestry for certified pile burning; providing pile 
163         burning requirements; limiting the liability of 
164         property owners or agents engaged in pile burning; 
165         providing for the certification of pile burners; 
166         providing penalties for violations by certified pile 
167         burners; requiring rules; authorizing the division to 
168         adopt rules regulating certified pile burning; 
169         revising notice requirements for wildfire hazard 
170         reduction treatments; providing for approval of local 
171         government open burning authorization programs; 
172         providing program requirements; authorizing the 
173         division to close local government programs under 
174         certain circumstances; providing penalties for 
175         violations of local government open burning 
176         requirements; amending s. 590.14, F.S.; authorizing 
177         fines for violations of any division rule; providing 
178         penalties for certain violations; providing 
179         legislative intent; amending s. 599.004, F.S.; 
180         revising standards that a winery must meet to qualify 
181         as a certified Florida Farm Winery; amending s. 
182         604.15, F.S.; revising the term “agricultural 
183         products” to make tropical foliage exempt from 
184         regulation under provisions relating to dealers in 
185         agricultural products; defining the term “responsible 
186         position”; amending s. 604.19, F.S.; revising 
187         requirements for late fees on agricultural products 
188         dealer applications; amending s. 604.25, F.S.; 
189         revising conditions under which the department may 
190         deny, refuse to renew, suspend, or revoke agricultural 
191         products dealer licenses; deleting a provision 
192         prohibiting certain persons from holding a responsible 
193         position with a licensee; amending s. 616.242, F.S.; 
194         authorizing the issuance of stop-operation orders for 
195         amusement rides under certain circumstances; amending 
196         s. 624.4095, F.S.; prohibiting certain gross written 
197         premiums for federal multiple-peril crop insurance 
198         from being included in certain insurer calculations; 
199         amending s. 686.201, F.S.; exempting contracts to 
200         which a seller of travel is a party from provisions 
201         governing certain contracts involving commissions; 
202         amending s. 790.06, F.S.; authorizing a concealed 
203         firearm license applicant to submit fingerprints 
204         administered by the Division of Licensing; providing 
205         that a provision limiting the scope of a license to 
206         carry a concealed weapon or firearm does not prohibit 
207         or restrict a person having such a license from 
208         transporting or storing a lawful firearm in a vehicle 
209         under certain circumstances; providing that a 
210         provision limiting the scope of a license to carry a 
211         concealed weapon or firearm does not modify certain 
212         exceptions to prohibited acts with respect to a 
213         person’s right to keep and bear arms in motor vehicles 
214         for self-defense and other lawful purposes; repealing 
215         ss. 570.071 and 570.901, F.S., relating to the Florida 
216         Agricultural Exposition and the Florida Agricultural 
217         Museum; creating s. 828.126, F.S.; providing a 
218         definition for the term “sexual activities” as it 
219         involves animals; prohibiting persons from engaging in 
220         sexual activities with animals; providing penalties; 
221         providing that such prohibition does not apply to 
222         normal and ordinary animal husbandry practices, 
223         conformation judging practices, or accepted veterinary 
224         medical practices; requiring that the department and 
225         representatives of the state pest control industry 
226         prepare a report for the President of the Senate, the 
227         Speaker of the House of Representatives, and the 
228         chairpersons of specified legislative committees by a 
229         certain date; requiring that the report include 
230         recommendations for changes in the law to provide for 
231         disciplinary action against licensees of the pest 
232         control industry under certain circumstances; 
233         providing that the report may also address additional 
234         issues of concern to members of the industry; 
235         providing an effective date. 
236 
237  Be It Enacted by the Legislature of the State of Florida: 
238 
239         Section 1. Section 15.0455, Florida Statutes, is created to 
240  read: 
241          15.0455 Official state agricultural museum.— 
242          (1) The Florida Agricultural Museum in Flagler County is 
243  designated as the official state agricultural museum. 
244          (2) This section is repealed July 1, 2020, unless reviewed 
245  and reenacted by the Legislature before that date. 
246         Section 2. Subsections (4) and (9) of section 369.20, 
247  Florida Statutes, are amended to read: 
248         369.20 Florida Aquatic Weed Control Act.— 
249         (4) The commission shall also promote, develop, and support 
250  research activities directed toward the more effective and 
251  efficient control of aquatic plants. In the furtherance of this 
252  purpose, the commission may is authorized to: 
253         (a) Accept donations and grants of funds and services from 
254  both public and private sources; 
255         (b) Contract or enter into agreements with public or 
256  private agencies or corporations for research and development of 
257  aquatic plant control methods or for the performance of aquatic 
258  plant control activities. The commission may enter into an 
259  agreement with the Department of Environmental Protection to 
260  ensure the uniform regulation of pesticides applied to the 
261  waters of the state, including provision for coordinating agency 
262  staff and resources, through the implementation of permitting, 
263  compliance, and enforcement activities under ss. 403.088 and 
264  403.0885; 
265         (c) Construct, acquire, operate, and maintain facilities 
266  and equipment; and 
267         (d) Enter upon, or authorize the entry upon, private 
268  property for purposes of making surveys and examinations and to 
269  engage in aquatic plant control activities; and such entry shall 
270  not be deemed a trespass. 
271         (9) A permit issued pursuant to this section for The 
272  application of herbicides to waters of in the state for the 
273  control of aquatic plants, algae, or invasive exotic plants is 
274  exempt from the requirement to obtain a water pollution 
275  operation permit except as provided in ss. pursuant to s. 
276  403.088 and 403.0885. 
277         Section 3. Paragraph (d) of subsection (1) of section 
278  373.1391, Florida Statutes, is amended to read: 
279         373.1391 Management of real property.— 
280         (1) 
281         (d) For any fee simple acquisition of a parcel which is or 
282  will be leased back for agricultural purposes, or for any 
283  acquisition of a less-than-fee interest in lands that is or will 
284  be used for agricultural purposes, the district governing board 
285  shall first consider having a soil and water conservation 
286  district created pursuant to chapter 582 manage and monitor such 
287  interest. Priority shall be given to the agricultural use 
288  present at the time of fee simple acquisition of the parcel. 
289         Section 4. Subsection (1) of section 403.088, Florida 
290  Statutes, is amended to read: 
291         403.088 Water pollution operation permits; conditions.— 
292         (1) No person, Without the written authorization of the 
293  department, a person may not shall discharge any waste into the 
294  waters of within the state any waste which, by itself or in 
295  combination with the wastes of other sources, reduces the 
296  quality of the receiving waters below the classification 
297  established for such waters them. However, this section does 
298  shall not be deemed to prohibit the application of pesticides to 
299  such waters in the state for the control of insects, aquatic 
300  weeds, or algae, or other pests if provided the application is 
301  performed in accordance with this section: 
302         (a) Upon execution of the agreement provided in s. 
303  487.163(3), the department may develop a permit or other 
304  authorization as required by 33 U.S.C. s. 1342 for the 
305  application of pesticides. A person must obtain such permit or 
306  other authorization before applying pesticides to the waters of 
307  the state. 
308         (b) In consultation with the Department of Agriculture and 
309  Consumer Services and the Fish and Wildlife Conservation 
310  Commission, the department shall also develop a general permit 
311  under s. 403.0885(2) for the application of pesticides. 
312         (c) The department shall also enter into agreements with 
313  the Department of Agriculture and Consumer Services pursuant to 
314  a program approved by the Department of Health, in the case of 
315  insect or other pest control, and with or the Fish and Wildlife 
316  Conservation Commission, in the case of aquatic weed, other 
317  aquatic pests, or algae control. The department is directed to 
318  enter into interagency agreements to establish the procedures 
319  for program approval. Such agreements must shall provide for 
320  public health, welfare, and safety, as well as environmental 
321  factors, and must ensure the uniform regulation of pesticides 
322  applied to waters of the state, including provisions for the 
323  coordination of agency staff and resources, through the 
324  implementation of permitting, compliance, and enforcement 
325  activities under this section and s. 403.0885. Pesticides that 
326  are Approved programs must provide that only chemicals approved 
327  for a the particular use by the United States Environmental 
328  Protection Agency or by the Department of Agriculture and 
329  Consumer Services may be employed and that they be applied in 
330  accordance with registered label instructions, state standards 
331  for such application, including any permit or other 
332  authorization required by this subsection, and the provisions of 
333  the Florida Pesticide Law, part I of chapter 487, are allowed a 
334  temporary deviation from the acute toxicity provisions of the 
335  department’s water quality rule, not to exceed the time 
336  necessary to control the target pests, only if the application 
337  does not reduce the quality of the receiving waters below the 
338  classification for such waters and is not likely to adversely 
339  affect any threatened or endangered species. 
340         Section 5. Section 403.9336, Florida Statutes, is amended 
341  to read: 
342         403.9336 Legislative findings.—The Legislature finds that 
343  the implementation of the Model Ordinance for Florida-Friendly 
344  Fertilizer Use on Urban Landscapes (2008), which was developed 
345  by the department in conjunction with the Florida Consumer 
346  Fertilizer Task Force, the Department of Agriculture and 
347  Consumer Services, and the University of Florida Institute of 
348  Food and Agricultural Sciences, will assist in protecting the 
349  quality of Florida’s surface water and groundwater resources. 
350  The Legislature further finds that local conditions, including 
351  variations in the types and quality of water bodies, site 
352  specific soils and geology, and urban or rural densities and 
353  characteristics, may necessitate the implementation of 
354  additional or more stringent fertilizer management practices at 
355  the local government level. 
356         Section 6. Section 403.9337, Florida Statutes, is amended 
357  to read: 
358         403.9337 Model Ordinance for Florida-Friendly Fertilizer 
359  Use on Urban Landscapes.— 
360         (1) The department may amend its Model Ordinance for 
361  Florida-Friendly Fertilizer Use on Urban Landscapes (2009). 
362  However, any amendment of the model ordinance after July 1, 
363  2010, must be adopted by order of the department. Before 
364  adopting an amendment to the model ordinance, the department 
365  must hold at least one public workshop to discuss and receive 
366  comments on the proposed amendment. The department, at a 
367  minimum, must notify interested stakeholders of the public 
368  workshop, including representatives of the nursery and landscape 
369  industry, the pest control industry, the Department of 
370  Agriculture and Consumer Services, the University of Florida’s 
371  Institute of Food and Agricultural Sciences, environmental 
372  groups, and county and local governments. Such an order amending 
373  the model ordinance is subject to challenge under chapter 120. 
374         (2)(1) All county and municipal governments are encouraged 
375  to adopt and enforce the model ordinance for Florida-Friendly 
376  Fertilizer Use on urban landscapes or an equivalent requirement 
377  as a mechanism for protecting local surface and groundwater 
378  quality. 
379         (3)(2) Each county and municipal government located within 
380  the watershed of a water body or water segment that is listed as 
381  impaired by nutrients pursuant to s. 403.067, must shall, at a 
382  minimum, adopt the most recent version of the department’s Model 
383  Ordinance for Florida-Friendly Fertilizer Use on Urban 
384  Landscapes. 
385         (4) A local government may adopt additional or more 
386  stringent standards than the model ordinance if, before 
387  adoption, one of the following criteria are met: 
388         (a) The local government has verified impaired waters and 
389  is facing existing or possible requirements for achieving the 
390  total maximum daily load established under state or federal law; 
391  demonstrated, as part of a comprehensive program to address 
392  nonpoint sources of nutrient pollution which is science-based, 
393  and economically and technically feasible, that additional or 
394  more stringent standards than the model ordinance are necessary 
395  in order to adequately address urban fertilizer contributions to 
396  nonpoint source nutrient loading to a water body. 
397         (b) The local government has verified harm to human health 
398  or harm to the environment which warrants additional consumer 
399  fertilizer requirements; or 
400         (c) The local government will improve water quality or 
401  prevent future impacts of consumer fertilizers on the 
402  environment. 
403         (5) If the local government proposes more stringent 
404  standards, it must document documents that it has requested and 
405  considered all relevant scientific information, including input 
406  from the department, the institute, the Department of 
407  Agriculture and Consumer Services, and the University of 
408  Florida’s Florida Institute of Food and Agricultural Sciences, 
409  if provided, on the need for additional or more stringent 
410  provisions to address fertilizer use as a contributor to water 
411  quality degradation. All documentation must become part of the 
412  public record before adoption of the additional or more 
413  stringent criteria. 
414         (6)(3) Any county or municipal government that adopted its 
415  own fertilizer use ordinance before January 1, 2009, is exempt 
416  from this section. Ordinances adopted or amended on or after 
417  January 1, 2009, must substantively conform to the most recent 
418  version of the model fertilizer ordinance and are subject to 
419  subsections (2)-(5) (1) and (2), as applicable. 
420         (8)(4) This section does not apply to the use of 
421  fertilizer: 
422         (a) On farm operations as defined in s. 823.14; or 
423         (b) On lands classified as agricultural lands pursuant to 
424  s. 193.461; or. 
425         (c) On any lands used for scientific research, including, 
426  but not limited to, research on the effects of fertilizer use on 
427  urban stormwater, water quality, agronomics, or horticulture. 
428         Section 7. Subsection (3) is added to section 487.163, 
429  Florida Statutes, to read: 
430         487.163 Information; interagency cooperation.— 
431         (3) The department shall enter into an agreement with the 
432  Department of Environmental Protection to ensure the uniform 
433  regulation of pesticides applied to waters of the state, 
434  including provisions for the coordination of agency staff and 
435  resources, through the implementation of permitting, compliance, 
436  and enforcement activities under ss. 403.088 and 403.0885. 
437         Section 8. Subsection (1) of section 493.6102, Florida 
438  Statutes, is amended to read: 
439         493.6102 Inapplicability of this chapter.—This chapter 
440  shall not apply to: 
441         (1) An Any individual who is an “officer” as defined in s. 
442  943.10(14), or is a law enforcement officer of the United States 
443  Government, while such local, state, or federal officer is 
444  engaged in her or his official duties, or when performing off 
445  duty as a security officer provided such activity is activities 
446  approved by her or his superiors. 
447         Section 9. Section 493.6105, Florida Statutes, is amended 
448  to read: 
449         493.6105 Initial application for license.— 
450         (1) Each individual, partner, or principal officer in a 
451  corporation, shall file with the department a complete 
452  application accompanied by an application fee not to exceed $60, 
453  except that the applicant for a Class “D” or Class “G” license 
454  is shall not be required to submit an application fee. The 
455  application fee is shall not be refundable. 
456         (a) The application submitted by any individual, partner, 
457  or corporate officer must shall be approved by the department 
458  before the prior to that individual, partner, or corporate 
459  officer assumes assuming his or her duties. 
460         (b) Individuals who invest in the ownership of a licensed 
461  agency, but do not participate in, direct, or control the 
462  operations of the agency are shall not be required to file an 
463  application. 
464         (2) Each application must shall be signed and verified by 
465  the individual under oath as provided in s. 92.525 and shall be 
466  notarized. 
467         (3) The application must shall contain the following 
468  information concerning the individual signing the application 
469  same: 
470         (a) Name and any aliases. 
471         (b) Age and date of birth. 
472         (c) Place of birth. 
473         (d) Social security number or alien registration number, 
474  whichever is applicable. 
475         (e) Current Present residence address and his or her 
476  residence addresses within the 5 years immediately preceding the 
477  submission of the application. 
478         (f) Occupations held presently and within the 5 years 
479  immediately preceding the submission of the application. 
480         (f)(g) A statement of all criminal convictions, findings of 
481  guilt, and pleas of guilty or nolo contendere, regardless of 
482  adjudication of guilt. 
483         (g) One passport-type color photograph taken within the 6 
484  months immediately preceding submission of the application. 
485         (h) A statement whether he or she has ever been adjudicated 
486  incompetent under chapter 744. 
487         (i) A statement whether he or she has ever been committed 
488  to a mental institution under chapter 394. 
489         (j) A full set of fingerprints on a card provided by the 
490  department and a fingerprint fee to be established by rule of 
491  the department based upon costs determined by state and federal 
492  agency charges and department processing costs. An applicant who 
493  has, within the immediately preceding 6 months, submitted a 
494  fingerprint card and fee for licensing purposes under this 
495  chapter shall not be required to submit another fingerprint card 
496  or fee. 
497         (k) A personal inquiry waiver which allows the department 
498  to conduct necessary investigations to satisfy the requirements 
499  of this chapter. 
500         (l) Such further facts as may be required by the department 
501  to show that the individual signing the application is of good 
502  moral character and qualified by experience and training to 
503  satisfy the requirements of this chapter. 
504         (4) In addition to the application requirements outlined in 
505  subsection (3), the applicant for a Class “C,” Class “CC,” Class 
506  “E,” Class “EE,” or Class “G” license shall submit two color 
507  photographs taken within the 6 months immediately preceding the 
508  submission of the application, which meet specifications 
509  prescribed by rule of the department. All other applicants shall 
510  submit one photograph taken within the 6 months immediately 
511  preceding the submission of the application. 
512         (4)(5) In addition to the application requirements outlined 
513  under subsection (3), the applicant for a Class “C,” Class “E,” 
514  Class “M,” Class “MA,” Class “MB,” or Class “MR” license shall 
515  include a statement on a form provided by the department of the 
516  experience which he or she believes will qualify him or her for 
517  such license. 
518         (5)(6) In addition to the requirements outlined in 
519  subsection (3), an applicant for a Class “G” license shall 
520  satisfy minimum training criteria for firearms established by 
521  rule of the department, which training criteria shall include, 
522  but is not limited to, 28 hours of range and classroom training 
523  taught and administered by a Class “K” licensee; however, no 
524  more than 8 hours of such training shall consist of range 
525  training. If the applicant can show proof that he or she is an 
526  active law enforcement officer currently certified under the 
527  Criminal Justice Standards and Training Commission or has 
528  completed the training required for that certification within 
529  the last 12 months, or if the applicant submits one of the 
530  certificates specified in paragraph (6)(a) (7)(a), the 
531  department may waive the foregoing firearms training 
532  requirement. 
533         (6)(7) In addition to the requirements under subsection 
534  (3), an applicant for a Class “K” license shall: 
535         (a) Submit one of the following certificates: 
536         1. The Florida Criminal Justice Standards and Training 
537  Commission Firearms Instructor’s Certificate and confirmation by 
538  the commission that the applicant is authorized to provide 
539  firearms instruction. 
540         2. The National Rifle Association Law Enforcement Police 
541  Firearms Instructor’s Certificate. 
542         3. The National Rifle Association Security Firearms 
543  Instructor’s Certificate. 
544         3.4. A firearms instructor’s training certificate issued by 
545  any branch of the United States Armed Forces, from a federal law 
546  enforcement academy or agency, state, county, or municipal 
547  police academy in this state recognized as such by the Criminal 
548  Justice Standards and Training Commission or by the Department 
549  of Education. 
550         (b) Pay the fee for and pass an examination administered by 
551  the department which shall be based upon, but is not necessarily 
552  limited to, a firearms instruction manual provided by the 
553  department. 
554         (7)(8) In addition to the application requirements for 
555  individuals, partners, or officers outlined under subsection 
556  (3), the application for an agency license shall contain the 
557  following information: 
558         (a) The proposed name under which the agency intends to 
559  operate. 
560         (b) The street address, mailing address, and telephone 
561  numbers of the principal location at which business is to be 
562  conducted in this state. 
563         (c) The street address, mailing address, and telephone 
564  numbers of all branch offices within this state. 
565         (d) The names and titles of all partners or, in the case of 
566  a corporation, the names and titles of its principal officers. 
567         (8)(9) Upon submission of a complete application, a Class 
568  “CC,” Class “C,” Class “D,” Class “EE,” Class “E,” Class “M,” 
569  Class “MA,” Class “MB,” or Class “MR” applicant may commence 
570  employment or appropriate duties for a licensed agency or branch 
571  office. However, the Class “C” or Class “E” applicant must work 
572  under the direction and control of a sponsoring licensee while 
573  his or her application is being processed. If the department 
574  denies application for licensure, the employment of the 
575  applicant must be terminated immediately, unless he or she 
576  performs only unregulated duties. 
577         Section 10. Paragraph (f) of subsection (1) and paragraph 
578  (a) of subsection (2) of section 493.6106, Florida Statutes, are 
579  amended, and paragraph (g) is added to subsection (1) of that 
580  section, to read: 
581         493.6106 License requirements; posting.— 
582         (1) Each individual licensed by the department must: 
583         (f) Be a citizen or permanent legal resident alien of the 
584  United States or have appropriate been granted authorization 
585  issued to seek employment in this country by the United States 
586  Bureau of Citizenship and Immigration Services of the United 
587  States Department of Homeland Security. 
588         1. An applicant for a Class “C,” Class “CC,” Class “D,” 
589  Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class 
590  “MB,” Class “MR,” or Class “RI” license who is not a United 
591  States citizen must submit proof of current employment 
592  authorization issued by the Citizenship and Immigration Services 
593  or proof that she or he is deemed a permanent legal resident 
594  alien by the Citizenship and Immigration Services. 
595         2. An applicant for a Class “G” or Class “K” license who is 
596  not a United States citizen must submit proof that she or he is 
597  deemed a permanent legal resident alien by the Citizenship and 
598  Immigration Services, together with additional documentation 
599  establishing that she or he has resided in the state of 
600  residence shown on the application for at least 90 consecutive 
601  days before the date that the application is submitted. 
602         3. An applicant for an agency or school license who is not 
603  a United States citizen or permanent legal resident alien must 
604  submit documentation issued by the Citizenship and Immigration 
605  Services stating that she or he is lawfully in the United States 
606  and is authorized to own and operate the type of agency or 
607  school for which she or he is applying. An employment 
608  authorization card issued by the Citizenship and Immigration 
609  Services is not sufficient documentation. 
610         (g) Not be prohibited from purchasing or possessing a 
611  firearm by state or federal law if the individual is applying 
612  for a Class “G” license or a Class “K” license. 
613         (2) Each agency shall have a minimum of one physical 
614  location within this state from which the normal business of the 
615  agency is conducted, and this location shall be considered the 
616  primary office for that agency in this state. 
617         (a) If an agency or branch office desires to change the 
618  physical location of the business, as it appears on the agency 
619  license, the department must be notified within 10 days of the 
620  change, and, except upon renewal, the fee prescribed in s. 
621  493.6107 must be submitted for each license requiring revision. 
622  Each license requiring revision must be returned with such 
623  notification. 
624         Section 11. Subsection (3) of section 493.6107, Florida 
625  Statutes, is amended to read: 
626         493.6107 Fees.— 
627         (3) The fees set forth in this section must be paid by 
628  certified check or money order or, at the discretion of the 
629  department, by agency check at the time the application is 
630  approved, except that the applicant for a Class “G” or Class “M” 
631  license must pay the license fee at the time the application is 
632  made. If a license is revoked or denied or if the application is 
633  withdrawn, the license fee shall not be refunded. 
634         Section 12. Paragraph (a) of subsection (1) and subsection 
635  (3) of section 493.6108, Florida Statutes, are amended to read: 
636         493.6108 Investigation of applicants by Department of 
637  Agriculture and Consumer Services.— 
638         (1) Except as otherwise provided, prior to the issuance of 
639  a license under this chapter, the department shall make an 
640  investigation of the applicant for a license. The investigation 
641  shall include: 
642         (a)1. An examination of fingerprint records and police 
643  records. When a criminal history analysis of any applicant under 
644  this chapter is performed by means of fingerprint card 
645  identification, the time limitations prescribed by s. 120.60(1) 
646  shall be tolled during the time the applicant’s fingerprint card 
647  is under review by the Department of Law Enforcement or the 
648  United States Department of Justice, Federal Bureau of 
649  Investigation. 
650         2. If a legible set of fingerprints, as determined by the 
651  Department of Law Enforcement or the Federal Bureau of 
652  Investigation, cannot be obtained after two attempts, the 
653  Department of Agriculture and Consumer Services may determine 
654  the applicant’s eligibility based upon a criminal history record 
655  check under the applicant’s name conducted by the Department of 
656  Law Enforcement if the and the Federal Bureau of Investigation. 
657  A set of fingerprints are taken by a law enforcement agency or 
658  the department and the applicant submits a written statement 
659  signed by the fingerprint technician or a licensed physician 
660  stating that there is a physical condition that precludes 
661  obtaining a legible set of fingerprints or that the fingerprints 
662  taken are the best that can be obtained is sufficient to meet 
663  this requirement. 
664         (3) The department shall also investigate the mental 
665  history and current mental and emotional fitness of any Class 
666  “G” or Class “K” applicant, and may deny a Class “G” or Class 
667  “K” license to anyone who has a history of mental illness or 
668  drug or alcohol abuse. 
669         Section 13. Subsection (4) of section 493.6111, Florida 
670  Statutes, is amended to read: 
671         493.6111 License; contents; identification card.— 
672         (4) Notwithstanding the existence of a valid Florida 
673  corporate registration, an no agency or school licensee may not 
674  conduct activities regulated under this chapter under any 
675  fictitious name without prior written authorization from the 
676  department to use that name in the conduct of activities 
677  regulated under this chapter. The department may not authorize 
678  the use of a name which is so similar to that of a public 
679  officer or agency, or of that used by another licensee, that the 
680  public may be confused or misled thereby. The authorization for 
681  the use of a fictitious name shall require, as a condition 
682  precedent to the use of such name, the filing of a certificate 
683  of engaging in business under a fictitious name under s. 865.09. 
684  A No licensee may not shall be permitted to conduct business 
685  under more than one fictitious name except as separately 
686  licensed nor shall the license be valid to protect any licensee 
687  who is engaged in the business under any name other than that 
688  specified in the license. An agency desiring to change its 
689  licensed name shall notify the department and, except upon 
690  renewal, pay a fee not to exceed $30 for each license requiring 
691  revision including those of all licensed employees except Class 
692  “D” or Class “G” licensees. Upon the return of such licenses to 
693  the department, revised licenses shall be provided. 
694         Section 14. Subsection (2) and paragraph (a) of subsection 
695  (3) of section 493.6113, Florida Statutes, are amended to read: 
696         493.6113 Renewal application for licensure.— 
697         (2) At least No less than 90 days before prior to the 
698  expiration date of the license, the department shall mail a 
699  written notice to the last known mailing residence address of 
700  the licensee for individual licensees and to the last known 
701  agency address for agencies. 
702         (3) Each licensee shall be responsible for renewing his or 
703  her license on or before its expiration by filing with the 
704  department an application for renewal accompanied by payment of 
705  the prescribed license fee. 
706         (a) Each Class “B” Class “A,” Class “B,” or Class “R” 
707  licensee shall additionally submit on a form prescribed by the 
708  department a certification of insurance which evidences that the 
709  licensee maintains coverage as required under s. 493.6110. 
710         Section 15. Subsection (8), paragraph (d) of subsection 
711  (12), and subsection (16) of section 493.6115, Florida Statutes, 
712  are amended to read: 
713         493.6115 Weapons and firearms.— 
714         (8) A Class “G” applicant must satisfy the minimum training 
715  criteria as set forth in s. 493.6105(5)(6) and as established by 
716  rule of the department. 
717         (12) The department may issue a temporary Class “G” 
718  license, on a case-by-case basis, if: 
719         (d) The applicant has received approval from the department 
720  subsequent to its conduct of a criminal history record check as 
721  authorized in s. 493.6108(1)(a)1. 493.6121(6). 
722         (16) If the criminal history record check program 
723  referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the 
724  department may issue a temporary “G” license on a case-by-case 
725  basis, provided that the applicant has met all statutory 
726  requirements for the issuance of a temporary “G” license as 
727  specified in subsection (12), excepting the criminal history 
728  record check stipulated there; provided, that the department 
729  requires that the licensed employer of the applicant conduct a 
730  criminal history record check of the applicant pursuant to 
731  standards set forth in rule by the department, and provide to 
732  the department an affidavit containing such information and 
733  statements as required by the department, including a statement 
734  that the criminal history record check did not indicate the 
735  existence of any criminal history that would prohibit licensure. 
736  Failure to properly conduct such a check, or knowingly providing 
737  incorrect or misleading information or statements in the 
738  affidavit shall constitute grounds for disciplinary action 
739  against the licensed agency, including revocation of license. 
740         Section 16. Paragraph (u) of subsection (1) of section 
741  493.6118, Florida Statutes, is redesignated as paragraph (v), 
742  and a new paragraph (u) is added to that subsection to read: 
743         493.6118 Grounds for disciplinary action.— 
744         (1) The following constitute grounds for which disciplinary 
745  action specified in subsection (2) may be taken by the 
746  department against any licensee, agency, or applicant regulated 
747  by this chapter, or any unlicensed person engaged in activities 
748  regulated under this chapter. 
749         (u) For a Class “G” or a Class “K” applicant or licensee, 
750  being prohibited from purchasing or possessing a firearm by 
751  state or federal law. 
752         Section 17. Subsections (7) and (8) of section 493.6121, 
753  Florida Statutes, are renumbered as subsections (6) and (7), 
754  respectively, and present subsection (6) of that section is 
755  amended, to read: 
756         493.6121 Enforcement; investigation.— 
757         (6) The department shall be provided access to the program 
758  that is operated by the Department of Law Enforcement, pursuant 
759  to s. 790.065, for providing criminal history record information 
760  to licensed gun dealers, manufacturers, and exporters. The 
761  department may make inquiries, and shall receive responses in 
762  the same fashion as provided under s. 790.065. The department 
763  shall be responsible for payment to the Department of Law 
764  Enforcement of the same fees as charged to others afforded 
765  access to the program. 
766         Section 18. Subsection (3) of section 493.6202, Florida 
767  Statutes, is amended to read: 
768         493.6202 Fees.— 
769         (3) The fees set forth in this section must be paid by 
770  certified check or money order or, at the discretion of the 
771  department, by agency check at the time the application is 
772  approved, except that the applicant for a Class “G,” Class “C,” 
773  Class “CC,” Class “M,” or Class “MA” license must pay the 
774  license fee at the time the application is made. If a license is 
775  revoked or denied or if the application is withdrawn, the 
776  license fee shall not be refunded. 
777         Section 19. Subsections (2), (4), and (6) of section 
778  493.6203, Florida Statutes, are amended to read: 
779         493.6203 License requirements.—In addition to the license 
780  requirements set forth elsewhere in this chapter, each 
781  individual or agency shall comply with the following additional 
782  requirements: 
783         (2) An applicant for a Class “MA” license shall have 2 
784  years of lawfully gained, verifiable, full-time experience, or 
785  training in: 
786         (a) Private investigative work or related fields of work 
787  that provided equivalent experience or training; 
788         (b) Work as a Class “CC” licensed intern; 
789         (c) Any combination of paragraphs (a) and (b); 
790         (d) Experience described in paragraph (a) for 1 year and 
791  experience described in paragraph (e) for 1 year; 
792         (e) No more than 1 year using: 
793         1. College coursework related to criminal justice, 
794  criminology, or law enforcement administration; or 
795         2. Successfully completed law enforcement-related training 
796  received from any federal, state, county, or municipal agency; 
797  or 
798         (f) Experience described in paragraph (a) for 1 year and 
799  work in a managerial or supervisory capacity for 1 year. 
800 
801  However, experience in performing bodyguard services is not 
802  creditable toward the requirements of this subsection. 
803         (4) An applicant for a Class “C” license shall have 2 years 
804  of lawfully gained, verifiable, full-time experience, or 
805  training in one, or a combination of more than one, of the 
806  following: 
807         (a) Private investigative work or related fields of work 
808  that provided equivalent experience or training. 
809         (b) College coursework related to criminal justice, 
810  criminology, or law enforcement administration, or successful 
811  completion of any law enforcement-related training received from 
812  any federal, state, county, or municipal agency, except that no 
813  more than 1 year may be used from this category. 
814         (c) Work as a Class “CC” licensed intern. 
815 
816  However, experience in performing bodyguard services is not 
817  creditable toward the requirements of this subsection. 
818         (6)(a) A Class “CC” licensee shall serve an internship 
819  under the direction and control of a designated sponsor, who is 
820  a Class “C,” Class “MA,” or Class “M” licensee. 
821         (b) Effective January 1, 2011 September 1, 2008, before 
822  submission of an application to the department, the an applicant 
823  for a Class “CC” license must have completed a minimum of 40 at 
824  least 24 hours of professional training a 40-hour course 
825  pertaining to general investigative techniques and this chapter, 
826  which course is offered by a state university or by a school, 
827  community college, college, or university under the purview of 
828  the Department of Education, and the applicant must pass an 
829  examination. The training must be provided in two parts, one 24 
830  hour course and one 16-hour course. The certificate evidencing 
831  satisfactory completion of the 40 at least 24 hours of 
832  professional training a 40-hour course must be submitted with 
833  the application for a Class “CC” license. The remaining 16 hours 
834  must be completed and an examination passed within 180 days. If 
835  documentation of completion of the required training is not 
836  submitted within the specified timeframe, the individual’s 
837  license is automatically suspended or his or her authority to 
838  work as a Class “CC” pursuant to s. 493.6105(9) is rescinded 
839  until such time as proof of certificate of completion is 
840  provided to the department. The training course specified in 
841  this paragraph may be provided by face-to-face presentation, 
842  online technology, or a home study course in accordance with 
843  rules and procedures of the Department of Education. The 
844  administrator of the examination must verify the identity of 
845  each applicant taking the examination. 
846         1. Upon an applicant’s successful completion of each part 
847  of the approved training course and passage of any required 
848  examination, the school, community college, college, or 
849  university shall issue a certificate of completion to the 
850  applicant. The certificates must be on a form established by 
851  rule of the department. 
852         2. The department shall establish by rule the general 
853  content of the professional training course and the examination 
854  criteria. 
855         3. If the license of an applicant for relicensure is has 
856  been invalid for more than 1 year, the applicant must complete 
857  the required training and pass any required examination. 
858         (c) An individual who submits an application for a Class 
859  “CC” license on or after September 1, 2008, through December 31, 
860  2010, who has not completed the 16-hour course must submit proof 
861  of successful completion of the course within 180 days after the 
862  date the application is submitted. If documentation of 
863  completion of the required training is not submitted by that 
864  date, the individual’s license is automatically suspended until 
865  proof of the required training is submitted to the department. 
866  An individual licensed on or before August 31, 2008, is not 
867  required to complete additional training hours in order to renew 
868  an active license beyond the required total amount of training, 
869  and within the timeframe, in effect at the time he or she was 
870  licensed. 
871         Section 20. Subsection (3) of section 493.6302, Florida 
872  Statutes, is amended to read: 
873         493.6302 Fees.— 
874         (3) The fees set forth in this section must be paid by 
875  certified check or money order or, at the discretion of the 
876  department, by agency check at the time the application is 
877  approved, except that the applicant for a Class “D,” Class “G,” 
878  Class “M,” or Class “MB” license must pay the license fee at the 
879  time the application is made. If a license is revoked or denied 
880  or if the application is withdrawn, the license fee shall not be 
881  refunded. 
882         Section 21. Subsection (4) of section 493.6303, Florida 
883  Statutes, is amended to read: 
884         493.6303 License requirements.—In addition to the license 
885  requirements set forth elsewhere in this chapter, each 
886  individual or agency shall comply with the following additional 
887  requirements: 
888         (4)(a) Effective January 1, 2011, an applicant for a Class 
889  “D” license must submit proof of successful completion of 
890  complete a minimum of 40 hours of professional training at a 
891  school or training facility licensed by the department. The 
892  training must be provided in two parts, one 24-hour course and 
893  one 16-hour course. The department shall by rule establish the 
894  general content and number of hours of each subject area to be 
895  taught. 
896         (b) An individual who submits an application for a Class 
897  “D” license on or after January 1, 2007, through December 31, 
898  2010, who has not completed the 16-hour course must submit proof 
899  of successful completion of the course within 180 days after the 
900  date the application is submitted. If documentation of 
901  completion of the required training is not submitted by that 
902  date, the individual’s license is automatically suspended until 
903  proof of the required training is submitted to the department. 
904  This section does not require a person licensed before January 
905  1, 2007, to complete additional training hours in order to renew 
906  an active license beyond the required total amount of training 
907  within the timeframe prescribed by law at the time he or she was 
908  licensed. An applicant may fulfill the training requirement 
909  prescribed in paragraph (a) by submitting proof of: 
910         1. Successful completion of the total number of required 
911  hours of training before initial application for a Class “D” 
912  license; or 
913         2. Successful completion of 24 hours of training before 
914  initial application for a Class “D” license and successful 
915  completion of the remaining 16 hours of training within 180 days 
916  after the date that the application is submitted. If 
917  documentation of completion of the required training is not 
918  submitted within the specified timeframe, the individual’s 
919  license is automatically suspended until such time as proof of 
920  the required training is provided to the department. 
921         (c) An individual However, any person whose license is 
922  suspended or has been revoked, suspended pursuant to paragraph 
923  (b) subparagraph 2., or is expired for at least 1 year, or 
924  longer is considered, upon reapplication for a license, an 
925  initial applicant and must submit proof of successful completion 
926  of 40 hours of professional training at a school or training 
927  facility licensed by the department as provided prescribed in 
928  paragraph (a) before a license is will be issued. Any person 
929  whose license was issued before January 1, 2007, and whose 
930  license has been expired for less than 1 year must, upon 
931  reapplication for a license, submit documentation of completion 
932  of the total number of hours of training prescribed by law at 
933  the time her or his initial license was issued before another 
934  license will be issued. This subsection does not require an 
935  individual licensed before January 1, 2007, to complete 
936  additional training hours in order to renew an active license, 
937  beyond the required total amount of training within the 
938  timeframe prescribed by law at the time she or he was licensed. 
939         Section 22. Subsection (2) of section 493.6304, Florida 
940  Statutes, is amended to read: 
941         493.6304 Security officer school or training facility.— 
942         (2) The application shall be signed and verified by the 
943  applicant under oath as provided in s. 92.525 notarized and 
944  shall contain, at a minimum, the following information: 
945         (a) The name and address of the school or training facility 
946  and, if the applicant is an individual, her or his name, 
947  address, and social security or alien registration number. 
948         (b) The street address of the place at which the training 
949  is to be conducted. 
950         (c) A copy of the training curriculum and final examination 
951  to be administered. 
952         Section 23. Subsections (7) and (8) of section 493.6401, 
953  Florida Statutes, are amended to read: 
954         493.6401 Classes of licenses.— 
955         (7) Any person who operates a recovery agent repossessor 
956  school or training facility or who conducts an Internet-based 
957  training course or a correspondence training course must have a 
958  Class “RS” license. 
959         (8) Any individual who teaches or instructs at a Class “RS” 
960  recovery agent repossessor school or training facility shall 
961  have a Class “RI” license. 
962         Section 24. Paragraphs (f) and (g) of subsection (1) and 
963  subsection (3) of section 493.6402, Florida Statutes, are 
964  amended to read: 
965         493.6402 Fees.— 
966         (1) The department shall establish by rule biennial license 
967  fees which shall not exceed the following: 
968         (f) Class “RS” license—recovery agent repossessor school or 
969  training facility: $60. 
970         (g) Class “RI” license—recovery agent repossessor school or 
971  training facility instructor: $60. 
972         (3) The fees set forth in this section must be paid by 
973  certified check or money order, or, at the discretion of the 
974  department, by agency check at the time the application is 
975  approved, except that the applicant for a Class “E,” Class “EE,” 
976  or Class “MR” license must pay the license fee at the time the 
977  application is made. If a license is revoked or denied, or if an 
978  application is withdrawn, the license fee shall not be refunded. 
979         Section 25. Section 493.6406, Florida Statutes, is amended 
980  to read: 
981         493.6406 Recovery agent Repossession services school or 
982  training facility.— 
983         (1) Any school, training facility, or instructor who offers 
984  the training outlined in s. 493.6403(2) for Class “E” or Class 
985  “EE” applicants shall, before licensure of such school, training 
986  facility, or instructor, file with the department an application 
987  accompanied by an application fee in an amount to be determined 
988  by rule, not to exceed $60. The fee shall not be refundable. 
989  This training may be offered as face-to-face training, Internet 
990  based training, or correspondence training. 
991         (2) The application shall be signed and verified by the 
992  applicant under oath as provided in s. 92.525 notarized and 
993  shall contain, at a minimum, the following information: 
994         (a) The name and address of the school or training facility 
995  and, if the applicant is an individual, his or her name, 
996  address, and social security or alien registration number. 
997         (b) The street address of the place at which the training 
998  is to be conducted or the street address of the Class “RS” 
999  school offering Internet-based or correspondence training. 
1000         (c) A copy of the training curriculum and final examination 
1001  to be administered. 
1002         (3) The department shall adopt rules establishing the 
1003  criteria for approval of schools, training facilities, and 
1004  instructors. 
1005         Section 26. Section 500.033, Florida Statutes, is amended 
1006  to read: 
1007         500.033 Florida Food Safety and Food Defense Advisory 
1008  Council.— 
1009         (1) There is created the Florida Food Safety and Food 
1010  Defense Advisory Council for the purpose of serving as a forum 
1011  for presenting, investigating, and evaluating issues of current 
1012  importance to the assurance of a safe and secure food supply to 
1013  the citizens of Florida. The Florida Food Safety and Food 
1014  Defense Advisory Council shall consist of, but not be limited 
1015  to: the Commissioner of Agriculture or his or her designee; the 
1016  State Surgeon General or his or her designee; the Secretary of 
1017  Business and Professional Regulation or his or her designee; the 
1018  person responsible for domestic security with the Department of 
1019  Law Enforcement; members representing the production, 
1020  processing, distribution, and sale of foods; members 
1021  representing small farmers; consumers or members of citizens 
1022  groups; representatives of food industry groups; scientists or 
1023  other experts in aspects of food safety from state universities; 
1024  representatives from local, state, and federal agencies that are 
1025  charged with responsibilities for food safety or food defense; 
1026  the chairs of the Agriculture Committees of the Senate and the 
1027  House of Representatives or their designees; and the chairs of 
1028  the committees of the Senate and the House of Representatives 
1029  with jurisdictional oversight of home defense issues or their 
1030  designees. The Commissioner of Agriculture shall appoint the 
1031  remaining members. The council shall make periodic reports to 
1032  the Department of Agriculture and Consumer Services concerning 
1033  findings and recommendations in the area of food safety and food 
1034  defense. 
1035         (2) The council shall consider the development of 
1036  appropriate advice or recommendations on food safety or food 
1037  defense issues. In the discharge of their duties, the council 
1038  members may receive for review confidential data exempt from the 
1039  provisions of s. 119.07(1); however, it is unlawful for any 
1040  member of the council to use the data for his or her advantage 
1041  or reveal the data to the general public. 
1042         Section 27. Paragraph (a) of subsection (2) of section 
1043  501.605, Florida Statutes, is amended to read: 
1044         501.605 Licensure of commercial telephone sellers.— 
1045         (2) An applicant for a license as a commercial telephone 
1046  seller must submit to the department, in such form as it 
1047  prescribes, a written application for the license. The 
1048  application must set forth the following information: 
1049         (a) The true name, date of birth, driver’s license number, 
1050  social security number, and home address of the applicant, 
1051  including each name under which he or she intends to do 
1052  business. 
1053 
1054  The application shall be accompanied by a copy of any: Script, 
1055  outline, or presentation the applicant will require or suggest a 
1056  salesperson to use when soliciting, or, if no such document is 
1057  used, a statement to that effect; sales information or 
1058  literature to be provided by the applicant to a salesperson; and 
1059  sales information or literature to be provided by the applicant 
1060  to a purchaser in connection with any solicitation. 
1061         Section 28. Paragraph (a) of subsection (1) of section 
1062  501.607, Florida Statutes, is amended to read: 
1063         501.607 Licensure of salespersons.— 
1064         (1) An applicant for a license as a salesperson must submit 
1065  to the department, in such form as it prescribes, a written 
1066  application for a license. The application must set forth the 
1067  following information: 
1068         (a) The true name, date of birth, driver’s license number, 
1069  social security number, and home address of the applicant. 
1070         Section 29. Subsection (2) of section 501.913, Florida 
1071  Statutes, is amended to read: 
1072         501.913 Registration.— 
1073         (2) The completed application shall be accompanied by: 
1074         (a) Specimens or facsimiles of the label for each brand of 
1075  antifreeze; 
1076         (b) An application fee of $200 for each brand; and 
1077         (c) A properly labeled sample of at least 1 gallon, but not 
1078  more than 2 gallons, of each brand of antifreeze. 
1079         Section 30. Subsection (2) of section 525.01, Florida 
1080  Statutes, is amended to read: 
1081         525.01 Gasoline and oil to be inspected.— 
1082         (2) All petroleum fuels are shall be subject to inspection 
1083  and analysis by the department. Before selling or offering for 
1084  sale in this state any petroleum fuel, all manufacturers, 
1085  terminal suppliers, wholesalers, and importers as defined in s. 
1086  206.01 jobbers shall file with the department: 
1087         (a) An affidavit stating that they desire to do business in 
1088  this state, and the name and address of the manufacturer of the 
1089  petroleum fuel. 
1090         (b) An affidavit stating that the petroleum fuel is in 
1091  conformity with the standards prescribed by department rule. 
1092         Section 31. Subsections (1) and (3) of section 525.09, 
1093  Florida Statutes, are amended to read: 
1094         525.09 Inspection fee.— 
1095         (1) For the purpose of defraying the expenses incident to 
1096  inspecting, testing, and analyzing petroleum fuels in this 
1097  state, there shall be paid to the department a charge of one 
1098  eighth cent per gallon on all gasoline, alternative fuel 
1099  containing alcohol as defined in s. 525.01(1)(c)1. or 2., 
1100  kerosene (except when used as aviation turbine fuel), and #1 
1101  fuel oil for sale or use in this state. This inspection fee 
1102  shall be imposed in the same manner as the motor fuel tax 
1103  pursuant to s. 206.41. Payment shall be made on or before the 
1104  25th day of each month. 
1105         (3) All remittances to the department for the inspection 
1106  tax herein provided shall be accompanied by a detailed report 
1107  under oath showing the number of gallons of gasoline, 
1108  alternative fuel containing alcohol as defined in s. 
1109  525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered 
1110  in each county. 
1111         Section 32. Section 526.50, Florida Statutes, is amended to 
1112  read: 
1113         526.50 Definition of terms.—As used in this part: 
1114         (1) “Brake fluid” means the fluid intended for use as the 
1115  liquid medium through which force is transmitted in the 
1116  hydraulic brake system of a vehicle operated upon the highways. 
1117         (2) “Brand” means the product name appearing on the label 
1118  of a container of brake fluid. 
1119         (3) “Container” means any receptacle in which brake fluid 
1120  is immediately contained when sold, but does not mean a carton 
1121  or wrapping in which a number of such receptacles are shipped or 
1122  stored or a tank car or truck. 
1123         (4)(2) “Department” means the Department of Agriculture and 
1124  Consumer Services. 
1125         (5) “Formula” means the name of the chemical mixture or 
1126  composition of the brake fluid product. 
1127         (6) “Labeling” includes all written, printed or graphic 
1128  representations, in any form whatsoever, imprinted upon or 
1129  affixed to any container of brake fluid. 
1130         (7) “Permit year” means a period of 12 months commencing 
1131  July 1 and ending on the next succeeding June 30. 
1132         (8) “Registrant” means any manufacturer, packer, 
1133  distributor, seller, or other person who has registered a brake 
1134  fluid with the department. 
1135         (9)(3) “Sell” includes give, distribute, barter, exchange, 
1136  trade, keep for sale, offer for sale or expose for sale, in any 
1137  of their variant forms. 
1138         (4) “Labeling” includes all written, printed or graphic 
1139  representations, in any form whatsoever, imprinted upon or 
1140  affixed to any container of brake fluid. 
1141         (5) “Container” means any receptacle in which brake fluid 
1142  is immediately contained when sold, but does not mean a carton 
1143  or wrapping in which a number of such receptacles are shipped or 
1144  stored or a tank car or truck. 
1145         (6) “Permit year” means a period of 12 months commencing 
1146  July 1 and ending on the next succeeding June 30. 
1147         (7) “Registrant” means any manufacturer, packer, 
1148  distributor, seller, or other person who has registered a brake 
1149  fluid with the department. 
1150         Section 33. Section 526.51, Florida Statutes, is amended to 
1151  read: 
1152         526.51 Registration; renewal and fees; departmental 
1153  expenses; cancellation or refusal to issue or renew.— 
1154         (1)(a) Application for registration of each brand of brake 
1155  fluid shall be made on forms to be supplied by the department. 
1156  The applicant shall give his or her name and address and the 
1157  brand name of the brake fluid, state that he or she owns the 
1158  brand name and has complete control over the product sold 
1159  thereunder in Florida, and provide the name and address of the 
1160  resident agent in Florida. If the applicant does not own the 
1161  brand name but wishes to register the product with the 
1162  department, a notarized affidavit that gives the applicant full 
1163  authorization to register the brand name and that is signed by 
1164  the owner of the brand name must accompany the application for 
1165  registration. The affidavit must include all affected brand 
1166  names, the owner’s company or corporate name and address, the 
1167  applicant’s company or corporate name and address, and a 
1168  statement from the owner authorizing the applicant to register 
1169  the product with the department. The owner of the brand name 
1170  shall maintain complete control over each product sold under 
1171  that brand name in this state. All first-time brand-formula 
1172  combination new product applications must be accompanied by a 
1173  certified report from an independent testing laboratory, setting 
1174  forth the analysis of the brake fluid which shall show its 
1175  quality to be not less than the specifications established by 
1176  the department for brake fluids. A sample of not less than 24 
1177  fluid ounces of brake fluid shall be submitted, in a container 
1178  or containers, with labels representing exactly how the 
1179  containers of brake fluid will be labeled when sold, and the 
1180  sample and container shall be analyzed and inspected by the 
1181  Division of Standards in order that compliance with the 
1182  department’s specifications and labeling requirements may be 
1183  verified. Upon approval of the application, the department shall 
1184  register the brand name of the brake fluid and issue to the 
1185  applicant a permit authorizing the registrant to sell the brake 
1186  fluid in this state during the permit year specified in the 
1187  permit. 
1188         (b) Each applicant shall pay a fee of $100 with each 
1189  application. A permit may be renewed by application to the 
1190  department, accompanied by a renewal fee of $50 on or before the 
1191  last day of the permit year immediately preceding the permit 
1192  year for which application is made for renewal of registration. 
1193  To any fee not paid when due, there shall accrue a penalty of 
1194  $25, which shall be added to the renewal fee. Renewals will be 
1195  accepted only on brake fluids that have no change in formula, 
1196  composition, or brand name. Any change in formula, composition, 
1197  or brand name of any brake fluid constitutes a new product that 
1198  must be registered in accordance with this part. 
1199         (2) All fees collected under the provisions of this section 
1200  shall be credited to the General Inspection Trust Fund of the 
1201  department and all expenses incurred in the enforcement of this 
1202  part shall be paid from said fund. 
1203         (3) The department may cancel, refuse to issue or refuse to 
1204  renew any registration and permit after due notice and 
1205  opportunity to be heard if it finds that the brake fluid is 
1206  adulterated or misbranded or that the registrant has failed to 
1207  comply with the provisions of this part or the rules and 
1208  regulations promulgated thereunder. 
1209         Section 34. Paragraph (a) of subsection (3) of section 
1210  526.52, Florida Statutes, is amended to read: 
1211         526.52 Specifications; adulteration and misbranding.— 
1212         (3) Brake fluid is deemed to be misbranded: 
1213         (a) If its container does not bear on its side or top a 
1214  label on which is printed the name and place of business of the 
1215  registrant of the product, the words “brake fluid,” and a 
1216  statement that the product therein equals or exceeds the minimum 
1217  specification of the Society of Automotive Engineers for heavy 
1218  duty-type brake fluid or equals or exceeds Federal Motor Vehicle 
1219  Safety Standard No. 116 adopted by the United States Department 
1220  of Transportation, heavy-duty-type. By regulation the department 
1221  may require that the duty-type classification appear on the 
1222  label. 
1223         Section 35. Subsection (2) of section 526.53, Florida 
1224  Statutes, is amended to read: 
1225         526.53 Enforcement; inspection and analysis, stop-sale and 
1226  disposition, regulations.— 
1227         (2)(a) When any brake fluid is sold in violation of any of 
1228  the provisions of this part, all such affected brake fluid of 
1229  the same brand name on the same premises on which the violation 
1230  occurred shall be placed under a stop-sale order by the 
1231  department by serving the owner of the brand name, distributor, 
1232  or other entity responsible for selling or distributing the 
1233  product in the state with the stop-sale order. The department 
1234  shall withdraw its stop-sale order upon the removal of the 
1235  violation or upon voluntary destruction of the product, or other 
1236  disposal approved by the department, under the supervision of 
1237  the department. 
1238         (b) In addition to being subject to the stop-sale 
1239  procedures above, unregistered brake fluid shall be held by the 
1240  department or its representative, at a place to be designated in 
1241  the stop-sale order, until properly registered and released in 
1242  writing by the department or its representative. If application 
1243  is has not been made for registration of the such product within 
1244  30 days after issue of the stop-sale order, such product shall 
1245  be disposed of by the department, or, with the department’s 
1246  consent, by the business, to any tax-supported institution or 
1247  agency of the state if the brake fluid meets legal 
1248  specifications or by other disposal authorized by rule of the 
1249  department if it fails to meet legal specifications. 
1250         Section 36. Subsections (1) and (3) and paragraphs (a) and 
1251  (c) of subsection (5) of section 527.0201, Florida Statutes, are 
1252  amended to read: 
1253         527.0201 Qualifiers; master qualifiers; examinations.— 
1254         (1) In addition to the requirements of s. 527.02, any 
1255  person applying for a license to engage in the activities of a 
1256  pipeline system operator, category I liquefied petroleum gas 
1257  dealer, category II liquefied petroleum gas dispenser, category 
1258  IV liquefied petroleum gas dispenser and recreational vehicle 
1259  servicer, category V liquefied petroleum gases dealer for 
1260  industrial uses only, LP gas installer, specialty installer, 
1261  requalifier requalification of cylinders, or fabricator, 
1262  repairer, and tester of vehicles and cargo tanks must prove 
1263  competency by passing a written examination administered by the 
1264  department or its agent with a grade of at least 75 percent in 
1265  each area tested or above. Each applicant for examination shall 
1266  submit a $20 nonrefundable fee. The department shall by rule 
1267  specify the general areas of competency to be covered by each 
1268  examination and the relative weight to be assigned in grading 
1269  each area tested. 
1270         (3) Qualifier cards issued to category I liquefied 
1271  petroleum gas dealers and liquefied petroleum gas installers 
1272  shall expire 3 years after the date of issuance. All category I 
1273  liquefied petroleum gas dealer qualifiers and liquefied 
1274  petroleum gas installer qualifiers holding a valid qualifier 
1275  card upon the effective date of this act shall retain their 
1276  qualifier status until July 1, 2003, and may sit for the master 
1277  qualifier examination at any time during that time period. All 
1278  such category I liquefied petroleum gas dealer qualifiers and 
1279  liquefied petroleum gas installer qualifiers may renew their 
1280  qualification on or before July 1, 2003, upon application to the 
1281  department, payment of a $20 renewal fee, and documentation of 
1282  the completion of a minimum of 16 12 hours of approved 
1283  continuing education courses, as defined by department rule, 
1284  during the previous 3-year period. Applications for renewal must 
1285  be made 30 calendar days prior to expiration. Persons failing to 
1286  renew prior to the expiration date must reapply and take a 
1287  qualifier competency examination in order to reestablish 
1288  category I liquefied petroleum gas dealer qualifier and 
1289  liquefied petroleum gas installer qualifier status. If a 
1290  category I liquefied petroleum gas qualifier or liquefied 
1291  petroleum gas installer qualifier becomes a master qualifier at 
1292  any time during the effective date of the qualifier card, the 
1293  card shall remain in effect until expiration of the master 
1294  qualifier certification. 
1295         (5) In addition to all other licensing requirements, each 
1296  category I liquefied petroleum gas dealer and liquefied 
1297  petroleum gas installer must, at the time of application for 
1298  licensure, identify to the department one master qualifier who 
1299  is a full-time employee at the licensed location. This person 
1300  shall be a manager, owner, or otherwise primarily responsible 
1301  for overseeing the operations of the licensed location and must 
1302  provide documentation to the department as provided by rule. The 
1303  master qualifier requirement shall be in addition to the 
1304  requirements of subsection (1). 
1305         (a) In order to apply for certification as a master 
1306  qualifier, each applicant must be a category I liquefied 
1307  petroleum gas dealer qualifier or liquefied petroleum gas 
1308  installer qualifier, must be employed by a licensed category I 
1309  liquefied petroleum gas dealer, liquefied petroleum gas 
1310  installer, or applicant for such license, must provide 
1311  documentation of a minimum of 1 year’s work experience in the 
1312  gas industry, and must pass a master qualifier competency 
1313  examination. Master qualifier examinations shall be based on 
1314  Florida’s laws, rules, and adopted codes governing liquefied 
1315  petroleum gas safety, general industry safety standards, and 
1316  administrative procedures. The examination must be successfully 
1317  passed completed by the applicant with a grade of at least 75 
1318  percent or more. Each applicant for master qualifier status 
1319  shall submit to the department a nonrefundable $30 examination 
1320  fee prior to the examination. 
1321         (c) Master qualifier status shall expire 3 years after the 
1322  date of issuance of the certificate and may be renewed by 
1323  submission to the department of documentation of completion of 
1324  at least 16 12 hours of approved continuing education courses 
1325  during the 3-year period; proof of employment with a licensed 
1326  category I liquefied petroleum gas dealer, liquefied petroleum 
1327  gas installer, or applicant; and a $30 certificate renewal fee. 
1328  The department shall define, by rule, approved courses of 
1329  continuing education. 
1330         Section 37. Section 527.12, Florida Statutes, is amended to 
1331  read: 
1332         527.12 Cease and desist orders; stop-use orders; stop 
1333  operation orders; stop-sale orders; administrative fines.— 
1334         (1) Whenever the department has shall have reason to 
1335  believe that any person is violating or has violated been 
1336  violating provisions of this chapter or any rules adopted under 
1337  this chapter pursuant thereto, the department it may issue a 
1338  cease and desist order, or impose a civil penalty, or do both 
1339  may issue such cease and desist order and impose a civil 
1340  penalty. 
1341         (2) Whenever a person or liquefied petroleum gas system or 
1342  storage facility, or any part or component thereof, fails to 
1343  comply with this chapter or any rules adopted under this 
1344  chapter, the department may issue a stop-use order, stop 
1345  operation order, or stop-sale order. 
1346         Section 38. Subsection (1) of section 559.805, Florida 
1347  Statutes, is amended to read: 
1348         559.805 Filings with the department; disclosure of 
1349  advertisement identification number.— 
1350         (1) Every seller of a business opportunity shall annually 
1351  file with the department a copy of the disclosure statement 
1352  required by s. 559.803 before prior to placing an advertisement 
1353  or making any other representation designed to offer to, sell 
1354  to, or solicit an offer to buy a business opportunity from a 
1355  prospective purchaser in this state and shall update this filing 
1356  by reporting any material change in the required information 
1357  within 30 days after the material change occurs. An 
1358  advertisement is not placed in the state merely because the 
1359  publisher circulates, or there is circulated on his or her 
1360  behalf in the state, any bona fide newspaper or other 
1361  publication of general, regular, and paid circulation which has 
1362  had more than two-thirds of its circulation during the past 12 
1363  months outside the state or because a radio or television 
1364  program originating outside the state is received in the state. 
1365  If the seller is required by s. 559.807 to provide a bond or 
1366  establish a trust account or guaranteed letter of credit, he or 
1367  she shall contemporaneously file with the department a copy of 
1368  the bond, a copy of the formal notification by the depository 
1369  that the trust account is established, or a copy of the 
1370  guaranteed letter of credit. Every seller of a business 
1371  opportunity shall file with the department a list of independent 
1372  agents who will engage in the offer or sale of business 
1373  opportunities on behalf of the seller in this state. This list 
1374  must be kept current and shall include the following 
1375  information: name, home and business address, telephone number, 
1376  present employer, social security number, and birth date. A No 
1377  person may not shall be allowed to offer or sell business 
1378  opportunities unless the required information is has been 
1379  provided to the department. 
1380         Section 39. Subsection (3) of section 559.928, Florida 
1381  Statutes, is amended to read: 
1382         559.928 Registration.— 
1383         (3) Each independent agent shall annually file an affidavit 
1384  with the department before prior to engaging in business in this 
1385  state. This affidavit must include the independent agent’s full 
1386  name, legal business or trade name, mailing address, business 
1387  address, telephone number, social security number, and the name 
1388  or names and addresses of each seller of travel represented by 
1389  the independent agent. A letter evidencing proof of filing must 
1390  be issued by the department and must be prominently displayed in 
1391  the independent agent’s primary place of business. Each 
1392  independent agent must also submit an annual registration fee of 
1393  $50. All moneys collected pursuant to the imposition of the fee 
1394  shall be deposited by the Chief Financial Officer into the 
1395  General Inspection Trust Fund of the Department of Agriculture 
1396  and Consumer Services for the sole purpose of administrating 
1397  this part. As used in this subsection, the term “independent 
1398  agent” means a person who represents a seller of travel by 
1399  soliciting persons on its behalf; who has a written contract 
1400  with a seller of travel which is operating in compliance with 
1401  this part and any rules adopted thereunder; who does not receive 
1402  a fee, commission, or other valuable consideration directly from 
1403  the purchaser for the seller of travel; who does not at any time 
1404  have any unissued ticket stock or travel documents in his or her 
1405  possession; and who does not have the ability to issue tickets, 
1406  vacation certificates, or any other travel document. The term 
1407  “independent agent” does not include an affiliate of the seller 
1408  of travel, as that term is used in s. 559.935(3), or the 
1409  employees of the seller of travel or of such affiliates. 
1410         Section 40. Subsection (7) of section 570.0725, Florida 
1411  Statutes, is amended to read: 
1412         570.0725 Food recovery; legislative intent; department 
1413  functions.— 
1414         (7) For public information purposes, the department may 
1415  shall develop and provide a public information brochure 
1416  detailing the need for food banks and similar of food recovery 
1417  programs, the benefit of such food recovery programs, the manner 
1418  in which such organizations may become involved in such food 
1419  recovery programs, and the protection afforded to such programs 
1420  under s. 768.136, and the food recovery entities or food banks 
1421  that exist in the state. This brochure must be updated annually. 
1422  A food bank or similar food recovery organization seeking to be 
1423  included on a list of such organizations must notify the 
1424  department and provide the information required by rule of the 
1425  department. Such organizations are responsible for updating the 
1426  information and providing the updated information to the 
1427  department. The department may adopt rules to implement this 
1428  section. 
1429         Section 41. Paragraph (e) of subsection (6) of section 
1430  570.53, Florida Statutes, is amended to read: 
1431         570.53 Division of Marketing and Development; powers and 
1432  duties.—The powers and duties of the Division of Marketing and 
1433  Development include, but are not limited to: 
1434         (6) 
1435         (e) Extending in every practicable way the distribution and 
1436  sale of Florida agricultural products throughout the markets of 
1437  the world as required of the department by s. ss. 570.07(7), 
1438  (8), (10), and (11) and 570.071 and chapters 571, 573, and 574. 
1439         Section 42. Subsection (2) of section 570.54, Florida 
1440  Statutes, is amended to read: 
1441         570.54 Director; duties.— 
1442         (2) It shall be the duty of the director of this division 
1443  to supervise, direct, and coordinate the activities authorized 
1444  by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and 
1445  (20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and 
1446  chapters 504, 571, 573, and 574 and to exercise other powers and 
1447  authority as authorized by the department. 
1448         Section 43. Subsection (4) of section 570.55, Florida 
1449  Statutes, is amended to read: 
1450         570.55 Identification of sellers or handlers of tropical or 
1451  subtropical fruit and vegetables; containers specified; 
1452  penalties.— 
1453         (4) IDENTIFICATION OF HANDLER.—At the time of each 
1454  transaction involving the handling or sale of 55 pounds or more 
1455  of tropical or subtropical fruit or vegetables in the primary 
1456  channel of trade, the buyer or receiver of the tropical or 
1457  subtropical fruit or vegetables shall demand a bill of sale, 
1458  invoice, sales memorandum, or other document listing the date of 
1459  the transaction, the quantity of the tropical or subtropical 
1460  fruit or vegetables involved in the transaction, and the 
1461  identification of the seller or handler as it appears on the 
1462  driver’s license of the seller or handler, including the 
1463  driver’s license number. If the seller or handler does not 
1464  possess a driver’s license, the buyer or receiver shall use any 
1465  other acceptable means of identification, which may include, but 
1466  is not limited to, i.e., voter’s registration card and number, 
1467  draft card, social security card, or other identification. 
1468  However, no less than two identification documents shall be 
1469  used. The identification of the seller or handler shall be 
1470  recorded on the bill of sale, sales memorandum, invoice, or 
1471  voucher, which shall be retained by the buyer or receiver for a 
1472  period of not less than 1 year from the date of the transaction. 
1473         Section 44. Subsection (3) of section 570.902, Florida 
1474  Statutes, is amended to read: 
1475         570.902 Definitions; ss. 570.902 and 570.903.—For the 
1476  purpose of ss. 570.902 and 570.903: 
1477         (3) “Museum” means the Florida Agricultural Museum which is 
1478  designated as the museum for agriculture and rural history of 
1479  the State of Florida. 
1480         Section 45. Section 570.903, Florida Statutes, is amended 
1481  to read: 
1482         570.903 Direct-support organization.— 
1483         (1) When the Legislature authorizes the establishment of a 
1484  direct-support organization to provide assistance for the 
1485  museums, the Florida Agriculture in the Classroom Program, the 
1486  Florida State Collection of Arthropods, the Friends of the 
1487  Florida State Forests Program of the Division of Forestry, and 
1488  the Forestry Arson Alert Program, and other programs of the 
1489  department, the following provisions shall govern the creation, 
1490  use, powers, and duties of the direct-support organization. 
1491         (a) The department shall enter into a memorandum or letter 
1492  of agreement with the direct-support organization, which shall 
1493  specify the approval of the department, the powers and duties of 
1494  the direct-support organization, and rules with which the 
1495  direct-support organization shall comply. 
1496         (b) The department may permit, without charge, appropriate 
1497  use of property, facilities, and personnel of the department by 
1498  a direct-support organization, subject to the provisions of ss. 
1499  570.902 and 570.903. The use shall be directly in keeping with 
1500  the approved purposes of the direct-support organization and 
1501  shall not be made at times or places that would unreasonably 
1502  interfere with opportunities for the general public to use 
1503  department facilities for established purposes. 
1504         (c) The department shall prescribe by contract or by rule 
1505  conditions with which a direct-support organization shall comply 
1506  in order to use property, facilities, or personnel of the 
1507  department or museum. Such rules shall provide for budget and 
1508  audit review and oversight by the department. 
1509         (d) The department shall not permit the use of property, 
1510  facilities, or personnel of the museum, department, or 
1511  designated program by a direct-support organization which does 
1512  not provide equal employment opportunities to all persons 
1513  regardless of race, color, religion, sex, age, or national 
1514  origin. 
1515         (2)(a) The direct-support organization shall be empowered 
1516  to conduct programs and activities; raise funds; request and 
1517  receive grants, gifts, and bequests of money; acquire, receive, 
1518  hold, invest, and administer, in its own name, securities, 
1519  funds, objects of value, or other property, real or personal; 
1520  and make expenditures to or for the direct or indirect benefit 
1521  of the museum or designated program. 
1522         (b) Notwithstanding the provisions of s. 287.057, the 
1523  direct-support organization may enter into contracts or 
1524  agreements with or without competitive bidding for the 
1525  restoration of objects, historical buildings, and other 
1526  historical materials or for the purchase of objects, historical 
1527  buildings, and other historical materials which are to be added 
1528  to the collections of the museum, or benefit of the designated 
1529  program. However, before the direct-support organization may 
1530  enter into a contract or agreement without competitive bidding, 
1531  the direct-support organization shall file a certification of 
1532  conditions and circumstances with the internal auditor of the 
1533  department justifying each contract or agreement. 
1534         (c) Notwithstanding the provisions of s. 287.025(1)(e), the 
1535  direct-support organization may enter into contracts to insure 
1536  property of the museum or designated programs and may insure 
1537  objects or collections on loan from others in satisfying 
1538  security terms of the lender. 
1539         (3) The direct-support organization shall provide for an 
1540  annual financial audit in accordance with s. 215.981. 
1541         (4) Neither a designated program or a museum, nor a 
1542  nonprofit corporation trustee or employee may: 
1543         (a) Receive a commission, fee, or financial benefit in 
1544  connection with the sale or exchange of property historical 
1545  objects or properties to the direct-support organization, the 
1546  museum, or the designated program; or 
1547         (b) Be a business associate of any individual, firm, or 
1548  organization involved in the sale or exchange of property to the 
1549  direct-support organization, the museum, or the designated 
1550  program. 
1551         (5) All moneys received by the direct-support organization 
1552  shall be deposited into an account of the direct-support 
1553  organization and shall be used by the organization in a manner 
1554  consistent with the goals of the museum or designated program. 
1555         (6) The identity of a donor or prospective donor who 
1556  desires to remain anonymous and all information identifying such 
1557  donor or prospective donor are confidential and exempt from the 
1558  provisions of s. 119.07(1) and s. 24(a), Art. I of the State 
1559  Constitution. 
1560         (7) The Commissioner of Agriculture, or the commissioner’s 
1561  designee, may serve on the board of trustees and the executive 
1562  committee of any direct-support organization established to 
1563  benefit the museum or any designated program. 
1564         (8) The department shall establish by rule archival 
1565  procedures relating to museum artifacts and records. The rules 
1566  shall provide procedures which protect the museum’s artifacts 
1567  and records equivalent to those procedures which have been 
1568  established by the Department of State under chapters 257 and 
1569  267. 
1570         Section 46. Subsection (4) of section 573.118, Florida 
1571  Statutes, is amended to read: 
1572         573.118 Assessment; funds; audit; loans.— 
1573         (4) In the event of levying and collecting of assessments, 
1574  for each fiscal year in which assessment funds are received by 
1575  the department, the department shall maintain records of 
1576  collections and expenditures for each marketing order separately 
1577  within the state’s accounting system. If requested by an 
1578  advisory council, department staff shall cause to be made a 
1579  thorough annual audit of the books and accounts by a certified 
1580  public accountant, such audit to be completed within 60 days 
1581  after the request is received end of the fiscal year. The 
1582  advisory council department and all producers and handlers 
1583  covered by the marketing order shall be provided a copy of the 
1584  properly advised of the details of the annual official audit of 
1585  the accounts as shown by the certified public accountant within 
1586  30 days after completion of the audit. 
1587         Section 47. Subsections (18) through (30) of section 
1588  581.011, Florida Statutes, are renumbered as subsections (17) 
1589  through (29), respectively, and present subsections (17) and 
1590  (20) of that section are amended to read: 
1591         581.011 Definitions.—As used in this chapter: 
1592         (17) “Museum” means the Florida State Collection of 
1593  Arthropods. 
1594         (19)(20) “Nursery” means any grounds or premises on or in 
1595  which nursery stock is grown, propagated, or held for sale or 
1596  distribution, including except where aquatic plant species are 
1597  tended for harvest in the natural environment. 
1598         Section 48. Paragraph (a) of subsection (3) of section 
1599  581.211, Florida Statutes, is amended to read: 
1600         581.211 Penalties for violations.— 
1601         (3)(a)1. In addition to any other provision of law, the 
1602  department may, after notice and hearing, impose an 
1603  administrative fine not exceeding $10,000 $5,000 for each 
1604  violation of this chapter, upon any person, nurseryman, stock 
1605  dealer, agent or plant broker. The fine, when paid, shall be 
1606  deposited in the Plant Industry Trust Fund. In addition, the 
1607  department may place the violator on probation for up to 1 year, 
1608  with conditions. 
1609         2. The imposition of a fine or probation pursuant to this 
1610  subsection may be in addition to or in lieu of the suspension or 
1611  revocation of a certificate of registration or certificate of 
1612  inspection. 
1613         Section 49. Section 583.13, Florida Statutes, is amended to 
1614  read: 
1615         583.13 Labeling and advertising requirements for dressed 
1616  poultry; unlawful acts.— 
1617         (1) It is unlawful for any dealer or broker to sell, offer 
1618  for sale, or hold for the purpose of sale in the state any 
1619  dressed or ready-to-cook poultry in bulk unless the such poultry 
1620  is packed in a container clearly bearing a label, not less than 
1621  3 inches by 5 inches, on which shall be plainly and legibly 
1622  printed, in letters of not less than 1/4 inch high in height, 
1623  the grade and the part name or whole-bird statement of such 
1624  poultry. The grade may be expressed in the term “premium,” 
1625  “good,” or “standard,” or as the grade of another state or 
1626  federal agency the standards of quality of which, by law, are 
1627  equal to the standards of quality provided by this law and rules 
1628  promulgated hereunder. 
1629         (2) It is unlawful to sell unpackaged dressed or ready-to 
1630  cook poultry at retail unless such poultry is labeled by a 
1631  placard immediately adjacent to the poultry or unless each bird 
1632  is individually labeled to show the grade and the part name or 
1633  whole-bird statement. The placard shall be no smaller than 7 
1634  inches by 7 inches in size, and the required labeling 
1635  information shall be legibly and plainly printed on the placard 
1636  in letters not smaller than 1 inch in height. 
1637         (3) It is unlawful to sell packaged dressed or ready-to 
1638  cook poultry at retail unless such poultry is labeled to show 
1639  the grade, the part name or whole-bird statement, the net weight 
1640  of the poultry, and the name and address of the dealer. The size 
1641  of the type on the label must be one-eighth inch or larger. A 
1642  placard immediately adjacent to such poultry may be used to 
1643  indicate the grade and the part name or whole-bird statement, 
1644  but not the net weight of the poultry or the name and address of 
1645  the dealer. 
1646         (4) It is unlawful to use dressed or ready-to-cook poultry 
1647  in bulk in the preparation of food served to the public, or to 
1648  hold such poultry for the purpose of such use, unless the 
1649  poultry when received was packed in a container clearly bearing 
1650  a label, not less than 3 inches by 5 inches, on which was 
1651  plainly and legibly printed, in letters not less than 1/4 one 
1652  fourth inch high in height, the grade and the part name or 
1653  whole-bird statement of such poultry. The grade may be expressed 
1654  in the term “premium,” “good,” or “standard,” or as the grade of 
1655  another state or federal agency the standards of quality of 
1656  which, by law, are equal to the standards of quality provided by 
1657  this law and rules promulgated hereunder. 
1658         (5) It is unlawful to offer dressed or ready-to-cook 
1659  poultry for sale in any advertisement in a newspaper or 
1660  circular, on radio or television, or in any other form of 
1661  advertising without plainly designating in such advertisement 
1662  the grade and the part name or whole-bird statement of such 
1663  poultry. 
1664         Section 50. Subsection (1) of section 585.61, Florida 
1665  Statutes, is amended to read: 
1666         585.61 Animal disease diagnostic laboratories.— 
1667         (1) There is hereby created and established an animal 
1668  disease diagnostic laboratory in Osceola County and Suwannee 
1669  County. The laboratory complex in Osceola County is designated 
1670  as “The Bronson Animal Disease Diagnostic Laboratory.” 
1671         Section 51. Section 590.125, Florida Statutes, is amended 
1672  to read: 
1673         590.125 Open burning authorized by the division.— 
1674         (1) DEFINITIONS.—As used in this section, the term: 
1675         (a) “Certified pile burner” means an individual who 
1676  successfully completes the division’s pile burning certification 
1677  program and possesses a valid pile burner certification number. 
1678         (a) “Prescribed burning” means the controlled application 
1679  of fire in accordance with a written prescription for vegetative 
1680  fuels under specified environmental conditions while following 
1681  appropriate precautionary measures that ensure that the fire is 
1682  confined to a predetermined area to accomplish the planned fire 
1683  or land-management objectives. 
1684         (b) “Certified prescribed burn manager” means an individual 
1685  who successfully completes the certified prescribed burning 
1686  certification program of the division and possesses a valid 
1687  certification number. 
1688         (c) “Prescription” means a written plan establishing the 
1689  criteria necessary for starting, controlling, and extinguishing 
1690  a prescribed burn. 
1691         (c)(d) “Extinguished” means: that no spreading flame 
1692         1. For wild land burning or certified prescribed burning, 
1693  that no spreading flames exist. and no visible flame, smoke, or 
1694  emissions 
1695         2. For vegetative land-clearing debris burning or pile 
1696  burning, that no visible flames exist. 
1697         3. For vegetative land-clearing debris burning or pile 
1698  burning in an area designated as smoke sensitive by the 
1699  division, that no visible flames, smoke, or emissions exist. 
1700         (d) “Land-clearing operation” means the uprooting or 
1701  clearing of vegetation in connection with the construction of 
1702  buildings and rights-of-way, land development, and mineral 
1703  operations. The term does not include the clearing of yard 
1704  trash. 
1705         (e) “Pile burning” means the burning of silvicultural, 
1706  agricultural, or land-clearing and tree-cutting debris 
1707  originating onsite, which is stacked together in a round or 
1708  linear fashion, including, but not limited to, a windrow. 
1709         (f) “Prescribed burning” means the controlled application 
1710  of fire in accordance with a written prescription for vegetative 
1711  fuels under specified environmental conditions while following 
1712  appropriate precautionary measures that ensure that the fire is 
1713  confined to a predetermined area to accomplish the planned fire 
1714  or land-management objectives. 
1715         (g) “Prescription” means a written plan establishing the 
1716  criteria necessary for starting, controlling, and extinguishing 
1717  a prescribed burn. 
1718         (h) “Yard trash” means vegetative matter resulting from 
1719  landscaping and yard maintenance operations and other such 
1720  routine property cleanup activities. The term includes materials 
1721  such as leaves, shrub trimmings, grass clippings, brush, and 
1722  palm fronds. 
1723         (2) NONCERTIFIED BURNING.— 
1724         (a) Persons may be authorized to burn wild land or 
1725  vegetative land-clearing debris in accordance with this 
1726  subsection if: 
1727         1. There is specific consent of the landowner or his or her 
1728  designee; 
1729         2. Authorization has been obtained from the division or its 
1730  designated agent before starting the burn; 
1731         3. There are adequate firebreaks at the burn site and 
1732  sufficient personnel and firefighting equipment for the control 
1733  of the fire; 
1734         4. The fire remains within the boundary of the authorized 
1735  area; 
1736         5. Someone is present at the burn site until the fire is 
1737  extinguished; 
1738         6. The division does not cancel the authorization; and 
1739         7. The division determines that air quality and fire danger 
1740  are favorable for safe burning. 
1741         (b) A person who burns wild land or vegetative land 
1742  clearing debris in a manner that violates any requirement of 
1743  this subsection commits a misdemeanor of the second degree, 
1744  punishable as provided in s. 775.082 or s. 775.083. 
1745         (3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND 
1746  PURPOSE.— 
1747         (a) The application of prescribed burning is a land 
1748  management tool that benefits the safety of the public, the 
1749  environment, and the economy of the state. The Legislature finds 
1750  that: 
1751         1. Prescribed burning reduces vegetative fuels within wild 
1752  land areas. Reduction of the fuel load reduces the risk and 
1753  severity of wildfire, thereby reducing the threat of loss of 
1754  life and property, particularly in urban areas. 
1755         2. Most of Florida’s natural communities require periodic 
1756  fire for maintenance of their ecological integrity. Prescribed 
1757  burning is essential to the perpetuation, restoration, and 
1758  management of many plant and animal communities. Significant 
1759  loss of the state’s biological diversity will occur if fire is 
1760  excluded from fire-dependent systems. 
1761         3. Forestland and rangeland constitute significant 
1762  economic, biological, and aesthetic resources of statewide 
1763  importance. Prescribed burning on forestland prepares sites for 
1764  reforestation, removes undesirable competing vegetation, 
1765  expedites nutrient cycling, and controls or eliminates certain 
1766  forest pathogens. On rangeland, prescribed burning improves the 
1767  quality and quantity of herbaceous vegetation necessary for 
1768  livestock production. 
1769         4. The state purchased hundreds of thousands of acres of 
1770  land for parks, preserves, wildlife management areas, forests, 
1771  and other public purposes. The use of prescribed burning for 
1772  management of public lands is essential to maintain the specific 
1773  resource values for which these lands were acquired. 
1774         5. A public education program is necessary to make citizens 
1775  and visitors aware of the public safety, resource, and economic 
1776  benefits of prescribed burning. 
1777         6. Proper training in the use of prescribed burning is 
1778  necessary to ensure maximum benefits and protection for the 
1779  public. 
1780         7. As Florida’s population continues to grow, pressures 
1781  from liability issues and nuisance complaints inhibit the use of 
1782  prescribed burning. Therefore, the division is urged to maximize 
1783  the opportunities for prescribed burning conducted during its 
1784  daytime and nighttime authorization process. 
1785         (b) Certified prescribed burning pertains only to broadcast 
1786  burning for purposes of silviculture, wildlife management, 
1787  ecological maintenance and restoration, hazardous fuels 
1788  reduction, and range and pasture management. It must be 
1789  conducted in accordance with this subsection and: 
1790         1. May be accomplished only when a certified prescribed 
1791  burn manager is present on site with a copy of the prescription 
1792  from ignition of the burn to its completion. 
1793         2. Requires that a written prescription be prepared before 
1794  receiving authorization to burn from the division. 
1795         3. Requires that the specific consent of the landowner or 
1796  his or her designee be obtained before requesting an 
1797  authorization. 
1798         4. Requires that an authorization to burn be obtained from 
1799  the division before igniting the burn. 
1800         5. Requires that there be adequate firebreaks at the burn 
1801  site and sufficient personnel and firefighting equipment for the 
1802  control of the fire. 
1803         6. Is considered to be in the public interest and does not 
1804  constitute a public or private nuisance when conducted under 
1805  applicable state air pollution statutes and rules. 
1806         7. Is considered to be a property right of the property 
1807  owner if vegetative fuels are burned as required in this 
1808  subsection. 
1809         (c) Neither a property owner nor his or her agent is liable 
1810  pursuant to s. 590.13 for damage or injury caused by the fire or 
1811  resulting smoke or considered to be in violation of subsection 
1812  (2) for burns conducted in accordance with this subsection 
1813  unless gross negligence is proven. 
1814         (d) Any certified burner who violates this section commits 
1815  a misdemeanor of the second degree, punishable as provided in s. 
1816  775.082 or s. 775.083. 
1817         (e) The division shall adopt rules for the use of 
1818  prescribed burning and for certifying and decertifying certified 
1819  prescribed burn managers based on their past experience, 
1820  training, and record of compliance with this section. 
1821         (4) CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND 
1822  PURPOSE.— 
1823         (a) Pile burning is a tool that benefits current and future 
1824  generations in Florida by disposing of naturally occurring 
1825  vegetative debris through burning rather than disposing of the 
1826  debris in landfills. 
1827         (b) Certified pile burning pertains to the disposal of 
1828  piled, naturally occurring debris from an agricultural, 
1829  silvicultural, or temporary land-clearing operation. A land 
1830  clearing operation is temporary if it operates for 6 months or 
1831  less. Certified pile burning must be conducted in accordance 
1832  with this subsection, and: 
1833         1. A certified pile burner must ensure, before ignition, 
1834  that the piles are properly placed and that the content of the 
1835  piles is conducive to efficient burning. 
1836         2. A certified pile burner must ensure that the piles are 
1837  properly extinguished no later than 1 hour after sunset. If the 
1838  burn is conducted in an area designated by the division as smoke 
1839  sensitive, a certified pile burner must ensure that the piles 
1840  are properly extinguished at least 1 hour before sunset. 
1841         3. A written pile burn plan must be prepared before 
1842  receiving authorization from the division to burn. 
1843         4. The specific consent of the landowner or his or her 
1844  agent must be obtained before requesting authorization to burn. 
1845         5. An authorization to burn must be obtained from the 
1846  division or its designated agent before igniting the burn. 
1847         6. There must be adequate firebreaks and sufficient 
1848  personnel and firefighting equipment at the burn site to control 
1849  the fire. 
1850         (c) If a burn is conducted in accordance with this 
1851  subsection, the property owner and his or her agent are not 
1852  liable under s. 590.13 for damage or injury caused by the fire 
1853  or resulting smoke, and are not in violation of subsection (2), 
1854  unless gross negligence is proven. 
1855         (d) A certified pile burner who violates this section 
1856  commits a misdemeanor of the second degree, punishable as 
1857  provided in s. 775.082 or s. 775.083. 
1858         (e) The division shall adopt rules regulating certified 
1859  pile burning. The rules shall include procedures and criteria 
1860  for certifying and decertifying certified pile burn managers 
1861  based on past experience, training, and record of compliance 
1862  with this section. 
1863         (5)(4) WILDFIRE HAZARD REDUCTION TREATMENT BY THE 
1864  DIVISION.—The division may conduct fuel reduction initiatives, 
1865  including, but not limited to, burning and mechanical and 
1866  chemical treatment, on any area of wild land within the state 
1867  which is reasonably determined to be in danger of wildfire in 
1868  accordance with the following procedures: 
1869         (a) Describe the areas that will receive fuels treatment to 
1870  the affected local governmental entity. 
1871         (b) Publish a treatment notice, including a description of 
1872  the area to be treated, in a conspicuous manner in at least one 
1873  newspaper of general circulation in the area of the treatment 
1874  not less than 10 days before the treatment. 
1875         (c) Prepare, and send the county tax collector shall 
1876  include with the annual tax statement, a notice to be sent to 
1877  all landowners in each area township designated by the division 
1878  as a wildfire hazard area. The notice must describe particularly 
1879  the area to be treated and the tentative date or dates of the 
1880  treatment and must list the reasons for and the expected 
1881  benefits from the wildfire hazard reduction. 
1882         (d) Consider any landowner objections to the fuels 
1883  treatment of his or her property. The landowner may apply to the 
1884  director of the division for a review of alternative methods of 
1885  fuel reduction on the property. If the director or his or her 
1886  designee does not resolve the landowner objection, the director 
1887  shall convene a panel made up of the local forestry unit 
1888  manager, the fire chief of the jurisdiction, and the affected 
1889  county or city manager, or any of their designees. If the 
1890  panel’s recommendation is not acceptable to the landowner, the 
1891  landowner may request further consideration by the Commissioner 
1892  of Agriculture or his or her designee and shall thereafter be 
1893  entitled to an administrative hearing pursuant to the provisions 
1894  of chapter 120. 
1895         (6) DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING 
1896  AUTHORIZATION PROGRAMS.— 
1897         (a) A county or municipality may exercise the division’s 
1898  authority, if delegated by the division under this subsection, 
1899  to issue authorizations for the burning of yard trash or debris 
1900  from land-clearing operations. A county’s or municipality’s 
1901  existing or proposed open burning authorization program must: 
1902         1. Be approved by the division. The division shall not 
1903  approve a program if it fails to meet the requirements of 
1904  subsections (2) and (4) and any rules adopted under those 
1905  subsections. 
1906         2. Provide by ordinance or local law the requirements for 
1907  obtaining and performing a burn authorization that comply with 
1908  subsections (2) and (4) and any rules adopted under those 
1909  subsections. 
1910         3. Provide for the enforcement of the program’s 
1911  requirements. 
1912         4. Provide financial, personnel, and other resources needed 
1913  to carry out the program. 
1914         (b) If the division determines that a county’s or 
1915  municipality’s open burning authorization program does not 
1916  comply with subsections (2) and (4) and any rules adopted under 
1917  those subsections, the division shall require the county or 
1918  municipality to take necessary corrective actions within a 
1919  reasonable period, not to exceed 90 days. 
1920         1. If the county or municipality fails to take the 
1921  necessary corrective actions within the required period, the 
1922  division shall resume administration of the open burning 
1923  authorization program in the county or municipality and the 
1924  county or municipality shall cease administration of its 
1925  program. 
1926         2. Each county and municipality administering an open 
1927  burning authorization program must cooperate with and assist the 
1928  division in carrying out the division’s powers, duties, and 
1929  functions. 
1930         3. A person who violates the requirements of a county’s or 
1931  municipality’s open burning authorization program, as provided 
1932  by ordinance or local law enacted pursuant to this section, 
1933  commits a violation of this chapter, punishable as provided in 
1934  s. 590.14. 
1935         (7)(5) DUTIES OF AGENCIES.—The Department of Education 
1936  shall incorporate, where feasible and appropriate, the issues of 
1937  fuels treatment, including prescribed burning, into its 
1938  educational materials. 
1939         Section 52. Section 590.14, Florida Statutes, is amended to 
1940  read: 
1941         590.14 Notice of violation; penalties.— 
1942         (1) If a division employee determines that a person has 
1943  violated chapter 589, or this chapter, or any rule adopted by 
1944  the division to administer provisions of law conferring duties 
1945  upon the division, the division employee he or she may issue a 
1946  notice of violation indicating the statute violated. This notice 
1947  will be filed with the division and a copy forwarded to the 
1948  appropriate law enforcement entity for further action if 
1949  necessary. 
1950         (2) In addition to any penalties provided by law, any 
1951  person who causes a wildfire or permits any authorized fire to 
1952  escape the boundaries of the authorization or to burn past the 
1953  time of the authorization is liable for the payment of all 
1954  reasonable costs and expenses incurred in suppressing the fire 
1955  or $150, whichever is greater. All costs and expenses incurred 
1956  by the division shall be payable to the division. When such 
1957  costs and expenses are not paid within 30 days after demand, the 
1958  division may take proper legal proceedings for the collection of 
1959  the costs and expenses. Those costs incurred by an agency acting 
1960  at the division’s direction are recoverable by that agency. 
1961         (3) The department may also impose an administrative fine, 
1962  not to exceed $1,000 per violation of any section of chapter 589 
1963  or this chapter or violation of any rule adopted by the division 
1964  to administer provisions of law conferring duties upon the 
1965  division. The fine shall be based upon the degree of damage, the 
1966  prior violation record of the person, and whether the person 
1967  knowingly provided false information to obtain an authorization. 
1968  The fines shall be deposited in the Incidental Trust Fund of the 
1969  division. 
1970         (4) A person may not: 
1971         (a) Fail to comply with any rule or order adopted by the 
1972  division to administer provisions of law conferring duties upon 
1973  the division; or 
1974         (b) Knowingly make any false statement or representation in 
1975  any application, record, plan, or other document required by 
1976  this chapter or any rules adopted under this chapter. 
1977         (5) A person who violates paragraph (4)(a) or paragraph 
1978  (4)(b) commits a misdemeanor of the second degree, punishable as 
1979  provided in s. 775.082 or s. 775.083. 
1980         (6) It is the intent of the Legislature that a penalty 
1981  imposed by a court under subsection (5) be of a severity that 
1982  ensures immediate and continued compliance with this section. 
1983         (7)(4) The penalties provided in this section shall extend 
1984  to both the actual violator and the person or persons, firm, or 
1985  corporation causing, directing, or permitting the violation. 
1986         Section 53. Paragraph (a) of subsection (1) of section 
1987  599.004, Florida Statutes, is amended to read: 
1988         599.004 Florida Farm Winery Program; registration; logo; 
1989  fees.— 
1990         (1) The Florida Farm Winery Program is established within 
1991  the Department of Agriculture and Consumer Services. Under this 
1992  program, a winery may qualify as a tourist attraction only if it 
1993  is registered with and certified by the department as a Florida 
1994  Farm Winery. A winery may not claim to be certified unless it 
1995  has received written approval from the department. 
1996         (a) To qualify as a certified Florida Farm Winery, a winery 
1997  shall meet the following standards: 
1998         1. Produce or sell less than 250,000 gallons of wine 
1999  annually. 
2000         2. Maintain a minimum of 10 acres of owned or managed land 
2001  vineyards in Florida which produces commodities used in the 
2002  production of wine. 
2003         3. Be open to the public for tours, tastings, and sales at 
2004  least 30 hours each week. 
2005         4. Make annual application to the department for 
2006  recognition as a Florida Farm Winery, on forms provided by the 
2007  department. 
2008         5. Pay an annual application and registration fee of $100. 
2009         Section 54. Subsection (1) of section 604.15, Florida 
2010  Statutes, is amended, and subsection (11) is added to that 
2011  section, to read: 
2012         604.15 Dealers in agricultural products; definitions.—For 
2013  the purpose of ss. 604.15-604.34, the following words and terms, 
2014  when used, shall be construed to mean: 
2015         (1) “Agricultural products” means the natural products of 
2016  the farm, nursery, grove, orchard, vineyard, garden, and apiary 
2017  (raw or manufactured); sod; tropical foliage; horticulture; hay; 
2018  livestock; milk and milk products; poultry and poultry products; 
2019  the fruit of the saw palmetto (meaning the fruit of the Serenoa 
2020  repens); limes (meaning the fruit Citrus aurantifolia, variety 
2021  Persian, Tahiti, Bearss, or Florida Key limes); and any other 
2022  nonexempt agricultural products produced in the state, except 
2023  tobacco, sugarcane, tropical foliage, timber and timber 
2024  byproducts, forest products as defined in s. 591.17, and citrus 
2025  other than limes. 
2026         (11) “Responsible position” means a position within the 
2027  business of a dealer in agricultural products that has the 
2028  authority to negotiate or make the purchase of agricultural 
2029  products on behalf of the dealer’s business or has principal 
2030  active management authority over the business decisions, 
2031  actions, and activities of the dealer’s business in this state. 
2032         Section 55. Section 604.19, Florida Statutes, is amended to 
2033  read: 
2034         604.19 License; fee; bond; certificate of deposit; 
2035  penalty.—Unless the department refuses the application on one or 
2036  more of the grounds provided in this section, it shall issue to 
2037  an applicant, upon the payment of required fees and the 
2038  execution and delivery of a bond or certificate of deposit as 
2039  provided in this section, a state license entitling the 
2040  applicant to conduct business as a dealer in agricultural 
2041  products for a 1-year period to coincide with the effective 
2042  period of the bond or certificate of deposit furnished by the 
2043  applicant. During the 1-year period covered by a license, if the 
2044  supporting surety bond or certificate of deposit is canceled for 
2045  any reason, the license shall automatically expire on the date 
2046  the surety bond or certificate of deposit terminates, unless an 
2047  acceptable replacement is in effect before the date of 
2048  termination so that continual coverage occurs for the remaining 
2049  period of the license. A surety company shall give the 
2050  department a 30-day written notice of cancellation by certified 
2051  mail in order to cancel a bond. Cancellation of a bond or 
2052  certificate of deposit does shall not relieve a surety company 
2053  or financial institution of liability for purchases or sales 
2054  occurring while the bond or certificate of deposit was in 
2055  effect. The license fee, which must be paid for the principal 
2056  place of business for a dealer in agricultural products, shall 
2057  be based upon the amount of the dealer’s surety bond or 
2058  certificate of deposit furnished by each dealer under the 
2059  provisions of s. 604.20 and may not exceed $500. For each 
2060  additional place in which the applicant desires to conduct 
2061  business and which the applicant names in the application, the 
2062  additional license fee must be paid but may not exceed $100 
2063  annually. If a Should any dealer in agricultural products fails, 
2064  refuses, or neglects fail, refuse, or neglect to apply and 
2065  qualify for the renewal of a license on or before its the date 
2066  of expiration date thereof, a penalty not to exceed $100 shall 
2067  apply to and be added to the original license fee for the 
2068  principal place of business and to the license fee for each 
2069  additional place of business named in the application and shall 
2070  be paid by the applicant before the renewal license may be 
2071  issued. The department by rule shall prescribe fee amounts 
2072  sufficient to fund ss. 604.15-604.34. 
2073         Section 56. Section 604.25, Florida Statutes, is amended to 
2074  read: 
2075         604.25 Denial of, refusal to renew grant, or suspension or 
2076  revocation of, license.— 
2077         (1) The department may deny, refuse to renew, decline to 
2078  grant a license or may suspend or revoke a license already 
2079  granted if the applicant or licensee has: 
2080         (1)(a) Suffered a monetary judgment entered against the 
2081  applicant or licensee upon which is execution has been returned 
2082  unsatisfied; 
2083         (2)(b) Made false charges for handling or services 
2084  rendered; 
2085         (3)(c) Failed to account promptly and properly or to make 
2086  settlements with any producer; 
2087         (4)(d) Made any false statement or statements as to 
2088  condition, quality, or quantity of goods received or held for 
2089  sale when the true condition, quality, or quantity could have 
2090  been ascertained by reasonable inspection; 
2091         (5)(e) Made any false or misleading statement or statements 
2092  as to market conditions or service rendered; 
2093         (6)(f) Been guilty of a fraud in the attempt to procure, or 
2094  the procurement of, a license; 
2095         (7)(g) Directly or indirectly sold agricultural products 
2096  received on consignment or on a net return basis for her or his 
2097  own account, without prior authority from the producer 
2098  consigning the same, or without notifying such producer; 
2099         (8)(h) Failed to prevent a person from holding a position 
2100  as the applicant’s or licensee’s owner, officer, director, 
2101  general or managing partner, or employee Employed in a 
2102  responsible position a person, or holding any other similarly 
2103  situated position, if the person holds or has held a similar 
2104  position with any entity that an officer of a corporation, who 
2105  has failed to fully comply with an order of the department, has 
2106  not satisfied a civil judgment held by the department, has 
2107  pending any administrative or civil enforcement action by the 
2108  department, or has pending any criminal charges pursuant to s. 
2109  604.30 at any time within 1 year after issuance; 
2110         (9)(i) Violated any statute or rule relating to the 
2111  purchase or sale of any agricultural product, whether or not 
2112  such transaction is subject to the provisions of this chapter; 
2113  or 
2114         (10)(j) Failed to submit to the department an application, 
2115  appropriate license fees, and an acceptable surety bond or 
2116  certificate of deposit; or. 
2117         (11)(2) Failed If a licensee fails or refused refuses to 
2118  comply in full with an order of the department or failed to 
2119  satisfy a civil judgment owed to the department, her or his 
2120  license may be suspended or revoked, in which case she or he 
2121  shall not be eligible for license for a period of 1 year or 
2122  until she or he has fully complied with the order of the 
2123  department. 
2124         (3) No person, or officer of a corporation, whose license 
2125  has been suspended or revoked for failure to comply with an 
2126  order of the department may hold a responsible position with a 
2127  licensee for a period of 1 year or until the order of the 
2128  department has been fully complied with. 
2129         Section 57. Subsections (18) and (19) of section 616.242, 
2130  Florida Statutes, are renumbered as subsections (19) and (20), 
2131  respectively, and a new subsection (18) is added to that section 
2132  to read: 
2133         616.242 Safety standards for amusement rides.— 
2134         (18) STOP-OPERATION ORDERS.—If an owner or amusement ride 
2135  fails to comply with this chapter or any rule adopted under this 
2136  chapter, the department may issue a stop-operation order. 
2137         Section 58. Subsection (7) is added to section 624.4095, 
2138  Florida Statutes, to read: 
2139         624.4095 Premiums written; restrictions.— 
2140         (7) For purposes of this section and s. 624.407, with 
2141  regard to required capital and surplus, gross written premiums 
2142  for federal multiple-peril crop insurance which are ceded to the 
2143  Federal Crop Insurance Corporation and authorized reinsurers may 
2144  not be included when calculating the insurer’s gross writing 
2145  ratio. The liabilities for the ceded reinsurance premiums shall 
2146  be netted against the asset for amounts recoverable from 
2147  reinsurers. Each insurer that writes other insurance products 
2148  together with federal multiple-peril crop insurance must 
2149  disclose in the notes to the annual and quarterly financial 
2150  statement, or file a supplement to the financial statement which 
2151  discloses, a breakout of the gross written premiums for federal 
2152  multiple-peril crop insurance. 
2153         Section 59. Subsection (4) of section 686.201, Florida 
2154  Statutes, is amended to read: 
2155         686.201 Sales representative contracts involving 
2156  commissions; requirements; termination of agreement; civil 
2157  remedies.— 
2158         (4) This section does not apply to persons licensed 
2159  pursuant to chapter 475 who are performing services within the 
2160  scope of their license or to contracts to which a seller of 
2161  travel, as defined in s. 559.927, is a party. 
2162         Section 60. Paragraph (c) of subsection (5) and subsection 
2163  (12) of section 790.06, Florida Statutes, are amended to read: 
2164         790.06 License to carry concealed weapon or firearm.— 
2165         (5) The applicant shall submit to the Department of 
2166  Agriculture and Consumer Services: 
2167         (c) A full set of fingerprints of the applicant 
2168  administered by a law enforcement agency or the Division of 
2169  Licensing of the Department of Agriculture and Consumer 
2170  Services. 
2171         (12)(a) No license issued pursuant to this section shall 
2172  authorize any person to carry a concealed weapon or firearm into 
2173  any place of nuisance as defined in s. 823.05; any police, 
2174  sheriff, or highway patrol station; any detention facility, 
2175  prison, or jail; any courthouse; any courtroom, except that 
2176  nothing in this section would preclude a judge from carrying a 
2177  concealed weapon or determining who will carry a concealed 
2178  weapon in his or her courtroom; any polling place; any meeting 
2179  of the governing body of a county, public school district, 
2180  municipality, or special district; any meeting of the 
2181  Legislature or a committee thereof; any school, college, or 
2182  professional athletic event not related to firearms; any school 
2183  administration building; any portion of an establishment 
2184  licensed to dispense alcoholic beverages for consumption on the 
2185  premises, which portion of the establishment is primarily 
2186  devoted to such purpose; any elementary or secondary school 
2187  facility; any career center; any college or university facility 
2188  unless the licensee is a registered student, employee, or 
2189  faculty member of such college or university and the weapon is a 
2190  stun gun or nonlethal electric weapon or device designed solely 
2191  for defensive purposes and the weapon does not fire a dart or 
2192  projectile; inside the passenger terminal and sterile area of 
2193  any airport, provided that no person shall be prohibited from 
2194  carrying any legal firearm into the terminal, which firearm is 
2195  encased for shipment for purposes of checking such firearm as 
2196  baggage to be lawfully transported on any aircraft; or any place 
2197  where the carrying of firearms is prohibited by federal law. Any 
2198  person who willfully violates any provision of this subsection 
2199  commits a misdemeanor of the second degree, punishable as 
2200  provided in s. 775.082 or s. 775.083. 
2201         (b) Nothing shall prohibit or restrict a person licensed 
2202  under this section from transporting or storing, for lawful 
2203  purposes, a lawful firearm in a private vehicle wherever the 
2204  vehicle is otherwise lawfully present. 
2205         (c) This subsection does not modify the terms or conditions 
2206  of s. 790.251(7). 
2207         Section 61. Sections 570.071 and 570.901, Florida Statutes, 
2208  are repealed. 
2209         Section 62. Section 828.126, Florida Statutes, is created 
2210  to read: 
2211         828.126 Sexual activities involving animals.— 
2212         (1) As used in this section, the term “sexual activities” 
2213  means oral, anal, or vaginal penetration by, or union with, the 
2214  sexual organ of an animal or the anal or vaginal penetration of 
2215  an animal by any object. 
2216         (2) A person may not knowingly: 
2217         (a) Engage in a sexual activities with an animal; 
2218         (b) Cause, aid, or abet another person to engage in sexual 
2219  activities with an animal; 
2220         (c) Permit any sexual activities with an animal to be 
2221  conducted on any premises under his or her control; or 
2222         (d) Organize, promote, conduct, advertise, aid, abet, 
2223  participate in as an observer, or perform any service in the 
2224  furtherance of an act involving any sexual activities with an 
2225  animal for a commercial or recreational purpose. 
2226         (3) A person who violates this section commits a 
2227  misdemeanor of the first degree, punishable as provided in s. 
2228  775.082 or s. 775.083. 
2229         (4) This section does not apply to normal and ordinary 
2230  animal husbandry practices, conformation judging practices, or 
2231  accepted veterinary medical practices. 
2232         (5) For purposes of this section, the term “animal” means 
2233  any living or dead dumb creature. 
2234         Section 63. The Department of Agriculture and Consumer 
2235  Services shall meet with duly authorized representatives of 
2236  established organizations representing the Florida pest control 
2237  industry and prepare a report that shall be submitted to the 
2238  President of the Senate, the Speaker of the House of 
2239  Representatives, the chairperson of the Senate Committee on 
2240  Agriculture, and the chairperson of the House Committee on 
2241  Agribusiness by January 1, 2011. The report shall include 
2242  recommended amendments to chapter 482, Florida Statutes, which 
2243  provide for disciplinary action to be taken against licensees 
2244  who violate laws or rules pertaining to the pretreatment of soil 
2245  to protect newly constructed homes, pest control at sensitive 
2246  facilities such as schools and nursing homes, and also the 
2247  fumigation of existing homes for protection against termite 
2248  damage, thereby providing additional safeguards for consumers. 
2249  The report may also address other issues of concern to the 
2250  department and to members of the industry, such as changes to 
2251  requirements for professional liability insurance coverage or 
2252  the amount of bond required, duties and responsibilities of a 
2253  certified operator, issuance of a centralized pest control 
2254  service center license, and limited certification for commercial 
2255  wildlife management personnel. 
2256         Section 64. This act shall take effect July 1, 2010.