HB 7209

1
A bill to be entitled
2An act relating to the consumer services functions of the
3Department of Agriculture and Consumer Services; amending
4s. 493.6105, F.S.; revising the application requirements
5and procedures for certain private investigative, private
6security, recovery agent, firearm, and firearms instructor
7licenses; amending s. 493.6106, F.S.; revising citizenship
8requirements for licenses issued by the department;
9prohibiting the licensure of applicants for a statewide
10firearm license or firearms instructor license who are
11prohibited from purchasing or possessing firearms;
12requiring that private investigative, security, and
13recovery agencies notify the Department of Agriculture and
14Consumer Services of changes to their branch office
15locations; amending s. 493.6107, F.S.; revising
16requirements for the method of payment of certain fees;
17amending s. 493.6108, F.S.; revising requirements for
18criminal history checks of license applicants whose
19fingerprints are not legible; requiring the department to
20investigate the mental history and current mental and
21emotional fitness of applicants for firearms instructor
22licenses; amending s. 493.6111, F.S.; revising the
23validity period for firearms instructor licenses;
24requiring a security officer school or recovery agent
25school to obtain the department's approval for use of a
26fictitious name; specifying that a licensee may not
27conduct business under more than one fictitious name;
28amending s. 493.6113, F.S.; revising application renewal
29procedures and requirements; revising the documentation
30required for renewal of private investigative agency,
31recovery agency, and firearms instructor licenses;
32amending s. 493.6115, F.S.; conforming cross-references;
33amending s. 493.6118, F.S.; authorizing disciplinary
34action against statewide firearm licensees and firearms
35instructor licensees who are prohibited from purchasing or
36possessing firearms; amending s. 493.6121, F.S.; deleting
37provisions for the department's access to certain criminal
38history records provided to licensed gun dealers,
39manufacturers, and exporters; amending s. 493.6202, F.S.;
40revising requirements for the method of payment of certain
41fees; amending s. 493.6203, F.S.; prohibiting bodyguard
42services from being credited toward certain license
43requirements; revising the training requirements for
44private investigator intern license applicants; requiring
45the automatic suspension of an intern's license under
46certain circumstances; providing an exception; amending s.
47493.6302, F.S.; revising requirements for the method of
48payment of certain fees; amending s. 493.6303, F.S.;
49revising the training requirements for security officer
50license applicants; amending s. 493.6304, F.S.; revising
51application requirements and procedures for security
52officer school licenses; amending s. 501.145, F.S.;
53deleting authority for the department to bring actions for
54injunctive relief under the Bedding Label Act; deleting
55the definitions of certain terms to conform; amending s.
56525.01, F.S.; revising requirements for petroleum fuel
57affidavits; amending s. 526.06, F.S.; revising prohibited
58acts related to certain mixing, blending, compounding, or
59adulterating of liquid fuels; deleting certain provisions
60authorizing the sale of ethanol-blended fuels for use in
61motor vehicles; amending s. 526.203, F.S.; revising the
62definition of "blended gasoline" for purposes of renewable
63fuel standards; providing an effective date.
64
65Be It Enacted by the Legislature of the State of Florida:
66
67     Section 1.  Section 493.6105, Florida Statutes, is amended
68to read:
69     493.6105  Initial application for license.-
70     (1)  Each individual, partner, or principal officer in a
71corporation, shall file with the department a complete
72application accompanied by an application fee not to exceed $60,
73except that the applicant for a Class "D" or Class "G" license
74is shall not be required to submit an application fee. The
75application fee is shall not be refundable.
76     (a)  The application submitted by any individual, partner,
77or corporate officer must shall be approved by the department
78before the prior to that individual, partner, or corporate
79officer assumes assuming his or her duties.
80     (b)  Individuals who invest in the ownership of a licensed
81agency, but do not participate in, direct, or control the
82operations of the agency are shall not be required to file an
83application.
84     (2)  Each application must shall be signed and verified by
85the individual under oath as provided in s. 92.525 and shall be
86notarized.
87     (3)  The application must shall contain the following
88information concerning the individual signing the application
89same:
90     (a)  Name and any aliases.
91     (b)  Age and date of birth.
92     (c)  Place of birth.
93     (d)  Social security number or alien registration number,
94whichever is applicable.
95     (e)  Current Present residence address and mailing address
96and his or her residence addresses within the 5 years
97immediately preceding the submission of the application.
98     (f)  Occupations held presently and within the 5 years
99immediately preceding the submission of the application.
100     (f)(g)  A statement of all criminal convictions, findings
101of guilt, and pleas of guilty or nolo contendere, regardless of
102adjudication of guilt. If the application is submitted for a
103Class "G" or Class "K" license by an applicant who is younger
104than 24 years of age, the application must also include a
105statement of all findings of the applicant having committed a
106delinquent act in any state, territory, or country which was
107punishable by imprisonment for a term exceeding 1 year and which
108would, if committed by an adult, have been a felony.
109     (g)  One passport-type color photograph taken within the 6
110months immediately preceding submission of the application.
111     (h)  A statement whether he or she has ever been
112adjudicated incompetent under chapter 744.
113     (i)  A statement whether he or she has ever been committed
114to a mental institution under chapter 394.
115     (j)  A full set of fingerprints on a card provided by the
116department and a fingerprint fee to be established by rule of
117the department based upon costs determined by state and federal
118agency charges and department processing costs. An applicant who
119has, within the immediately preceding 6 months, submitted a
120fingerprint card and fee for licensing purposes under this
121chapter shall not be required to submit another fingerprint card
122or fee.
123     (k)  A personal inquiry waiver which allows the department
124to conduct necessary investigations to satisfy the requirements
125of this chapter.
126     (l)  Such further facts as may be required by the
127department to show that the individual signing the application
128is of good moral character and qualified by experience and
129training to satisfy the requirements of this chapter.
130     (4)  In addition to the application requirements outlined
131in subsection (3), the applicant for a Class "C," Class "CC,"
132Class "E," Class "EE," or Class "G" license shall submit two
133color photographs taken within the 6 months immediately
134preceding the submission of the application, which meet
135specifications prescribed by rule of the department. All other
136applicants shall submit one photograph taken within the 6 months
137immediately preceding the submission of the application.
138     (4)(5)  In addition to the application requirements
139outlined under subsection (3), the applicant for a Class "C,"
140Class "E," Class "M," Class "MA," Class "MB," or Class "MR"
141license shall include a statement on a form provided by the
142department of the experience which he or she believes will
143qualify him or her for such license.
144     (5)(6)  In addition to the requirements outlined in
145subsection (3), an applicant for a Class "G" license shall
146satisfy minimum training criteria for firearms established by
147rule of the department, which training criteria shall include,
148but is not limited to, 28 hours of range and classroom training
149taught and administered by a Class "K" licensee; however, no
150more than 8 hours of such training shall consist of range
151training. If the applicant can show proof that he or she is an
152active law enforcement officer currently certified under the
153Criminal Justice Standards and Training Commission or has
154completed the training required for that certification within
155the last 12 months, or if the applicant submits one of the
156certificates specified in paragraph (6)(a) (7)(a), the
157department may waive the foregoing firearms training
158requirement.
159     (6)(7)  In addition to the requirements under subsection
160(3), an applicant for a Class "K" license shall:
161     (a)  Submit one of the following certificates:
162     1.  The Florida Criminal Justice Standards and Training
163Commission Instructor Firearms Instructor's Certificate and
164written confirmation by the commission that the applicant
165possesses an active firearms certification.
166     2.  The National Rifle Association Police Firearms
167Instructor's Certificate.
168     2.3.  The National Rifle Association Private Security
169Firearm Instructor Firearms Instructor's Certificate.
170     3.4.  A firearms instructor instructor's certificate issued
171by from a federal law enforcement agency, state, county, or
172municipal police academy in this state recognized as such by the
173Criminal Justice Standards and Training Commission or by the
174Department of Education.
175     (b)  Pay the fee for and pass an examination administered
176by the department which shall be based upon, but is not
177necessarily limited to, a firearms instruction manual provided
178by the department.
179     (7)(8)  In addition to the application requirements for
180individuals, partners, or officers outlined under subsection
181(3), the application for an agency license shall contain the
182following information:
183     (a)  The proposed name under which the agency intends to
184operate.
185     (b)  The street address, mailing address, and telephone
186numbers of the principal location at which business is to be
187conducted in this state.
188     (c)  The street address, mailing address, and telephone
189numbers of all branch offices within this state.
190     (d)  The names and titles of all partners or, in the case
191of a corporation, the names and titles of its principal
192officers.
193     (8)(9)  Upon submission of a complete application, a Class
194"CC," Class "C," Class "D," Class "EE," Class "E," Class "M,"
195Class "MA," Class "MB," or Class "MR" applicant may commence
196employment or appropriate duties for a licensed agency or branch
197office. However, the Class "C" or Class "E" applicant must work
198under the direction and control of a sponsoring licensee while
199his or her application is being processed. If the department
200denies application for licensure, the employment of the
201applicant must be terminated immediately, unless he or she
202performs only unregulated duties.
203     Section 2.  Paragraph (f) of subsection (1) and paragraph
204(a) of subsection (2) of section 493.6106, Florida Statutes, are
205amended, and paragraph (g) is added to subsection (1) of that
206section, to read:
207     493.6106  License requirements; posting.-
208     (1)  Each individual licensed by the department must:
209     (f)  Be a citizen or permanent legal resident alien of the
210United States or have appropriate been granted authorization
211issued to seek employment in this country by the United States
212Bureau of Citizenship and Immigration Services of the United
213States Department of Homeland Security.
214     (g)  Not be prohibited from purchasing or possessing a
215firearm by state or federal law if the individual is applying
216for a Class "G" license or a Class "K" license.
217     (2)  Each agency shall have a minimum of one physical
218location within this state from which the normal business of the
219agency is conducted, and this location shall be considered the
220primary office for that agency in this state.
221     (a)  If an agency or branch office desires to change the
222physical location of the business, as it appears on the agency
223license, the department must be notified within 10 days after of
224the change, and, except upon renewal, the fee prescribed in s.
225493.6107 must be submitted for each license requiring revision.
226Each license requiring revision must be returned with such
227notification.
228     Section 3.  Subsection (3) of section 493.6107, Florida
229Statutes, is amended to read:
230     493.6107  Fees.-
231     (3)  The fees set forth in this section must be paid by
232certified check or money order or, at the discretion of the
233department, by electronic funds transfer agency check at the
234time the application is approved, except that the applicant for
235a Class "G" or Class "M" license must pay the license fee at the
236time the application is made. If a license is revoked or denied
237or if the application is withdrawn, the license fee shall not be
238refunded.
239     Section 4.  Paragraph (a) of subsection (1) and subsection
240(3) of section 493.6108, Florida Statutes, are amended to read:
241     493.6108  Investigation of applicants by Department of
242Agriculture and Consumer Services.-
243     (1)  Except as otherwise provided, prior to the issuance of
244a license under this chapter, the department shall make an
245investigation of the applicant for a license. The investigation
246shall include:
247     (a)1.  An examination of fingerprint records and police
248records. When a criminal history analysis of any applicant under
249this chapter is performed by means of fingerprint card
250identification, the time limitations prescribed by s. 120.60(1)
251shall be tolled during the time the applicant's fingerprint card
252is under review by the Department of Law Enforcement or the
253United States Department of Justice, Federal Bureau of
254Investigation.
255     2.  If a legible set of fingerprints, as determined by the
256Department of Law Enforcement or the Federal Bureau of
257Investigation, cannot be obtained after two attempts, the
258Department of Agriculture and Consumer Services may determine
259the applicant's eligibility based upon a criminal history record
260check under the applicant's name conducted by the Department of
261Law Enforcement if the and the Federal Bureau of Investigation.
262A set of fingerprints are taken by a law enforcement agency or
263the department and the applicant submits a written statement
264signed by the fingerprint technician or a licensed physician
265stating that there is a physical condition that precludes
266obtaining a legible set of fingerprints or that the fingerprints
267taken are the best that can be obtained is sufficient to meet
268this requirement.
269     (3)  The department shall also investigate the mental
270history and current mental and emotional fitness of any Class
271"G" or Class "K" applicant, and may deny a Class "G" or Class
272"K" license to anyone who has a history of mental illness or
273drug or alcohol abuse.
274     Section 5.  Subsections (2) and (4) of section 493.6111,
275Florida Statutes, is amended to read:
276     493.6111  License; contents; identification card.-
277     (2)  Licenses shall be valid for a period of 2 years,
278except for Class "A," Class "B," Class "AB," Class "K," Class
279"R," and branch agency licenses, which shall be valid for a
280period of 3 years.
281     (4)  Notwithstanding the existence of a valid Florida
282corporate registration, an no agency or school licensee may not
283conduct activities regulated under this chapter under any
284fictitious name without prior written authorization from the
285department to use that name in the conduct of activities
286regulated under this chapter. The department may not authorize
287the use of a name which is so similar to that of a public
288officer or agency, or of that used by another licensee, that the
289public may be confused or misled thereby. The authorization for
290the use of a fictitious name shall require, as a condition
291precedent to the use of such name, the filing of a certificate
292of engaging in business under a fictitious name under s. 865.09.
293A No licensee may not shall be permitted to conduct business
294under more than one fictitious name except as separately
295licensed nor shall the license be valid to protect any licensee
296who is engaged in the business under any name other than that
297specified in the license. An agency desiring to change its
298licensed name shall notify the department and, except upon
299renewal, pay a fee not to exceed $30 for each license requiring
300revision including those of all licensed employees except Class
301"D" or Class "G" licensees. Upon the return of such licenses to
302the department, revised licenses shall be provided.
303     Section 6.  Subsection (2) and paragraph (a) of subsection
304(3) of section 493.6113, Florida Statutes, are amended, and
305paragraph (d) is added to subsection (3) of that section, to
306read:
307     493.6113  Renewal application for licensure.-
308     (2)  At least No less than 90 days before prior to the
309expiration date of the license, the department shall mail a
310written notice to the last known mailing residence address of
311the licensee for individual licensees and to the last known
312agency address for agencies.
313     (3)  Each licensee shall be responsible for renewing his or
314her license on or before its expiration by filing with the
315department an application for renewal accompanied by payment of
316the prescribed license fee.
317     (a)  Each Class "B" Class "A," Class "B," or Class "R"
318licensee shall additionally submit on a form prescribed by the
319department a certification of insurance which evidences that the
320licensee maintains coverage as required under s. 493.6110.
321     (d)  Each Class "K" licensee shall additionally submit one
322of the certificates specified under s. 493.6105(6) as proof that
323he or she remains certified to provide firearms instruction.
324     Section 7.  Subsection (8), paragraph (d) of subsection
325(12), and subsection (16) of section 493.6115, Florida Statutes,
326are amended to read:
327     493.6115  Weapons and firearms.-
328     (8)  A Class "G" applicant must satisfy the minimum
329training criteria as set forth in s. 493.6105(5)(6) and as
330established by rule of the department.
331     (12)  The department may issue a temporary Class "G"
332license, on a case-by-case basis, if:
333     (d)  The applicant has received approval from the
334department subsequent to its conduct of a criminal history
335record check as authorized in s. 493.6108(1)(a)1. 493.6121(6).
336     (16)  If the criminal history record check program
337referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the
338department may issue a temporary "G" license on a case-by-case
339basis, provided that the applicant has met all statutory
340requirements for the issuance of a temporary "G" license as
341specified in subsection (12), excepting the criminal history
342record check stipulated there; provided, that the department
343requires that the licensed employer of the applicant conduct a
344criminal history record check of the applicant pursuant to
345standards set forth in rule by the department, and provide to
346the department an affidavit containing such information and
347statements as required by the department, including a statement
348that the criminal history record check did not indicate the
349existence of any criminal history that would prohibit licensure.
350Failure to properly conduct such a check, or knowingly providing
351incorrect or misleading information or statements in the
352affidavit shall constitute grounds for disciplinary action
353against the licensed agency, including revocation of license.
354     Section 8.  Paragraph (u) of subsection (1) of section
355493.6118, Florida Statutes, is redesignated as paragraph (v),
356and a new paragraph (u) is added to that subsection to read:
357     493.6118  Grounds for disciplinary action.-
358     (1)  The following constitute grounds for which
359disciplinary action specified in subsection (2) may be taken by
360the department against any licensee, agency, or applicant
361regulated by this chapter, or any unlicensed person engaged in
362activities regulated under this chapter.
363     (u)  For a Class "G" or a Class "K" applicant or licensee,
364being prohibited from purchasing or possessing a firearm by
365state or federal law.
366     Section 9.  Subsections (7) and (8) of section 493.6121,
367Florida Statutes, are renumbered as subsections (6) and (7),
368respectively, and present subsection (6) of that section is
369amended, to read:
370     493.6121  Enforcement; investigation.-
371     (6)  The department shall be provided access to the program
372that is operated by the Department of Law Enforcement, pursuant
373to s. 790.065, for providing criminal history record information
374to licensed gun dealers, manufacturers, and exporters. The
375department may make inquiries, and shall receive responses in
376the same fashion as provided under s. 790.065. The department
377shall be responsible for payment to the Department of Law
378Enforcement of the same fees as charged to others afforded
379access to the program.
380     Section 10.  Subsection (3) of section 493.6202, Florida
381Statutes, is amended to read:
382     493.6202  Fees.-
383     (3)  The fees set forth in this section must be paid by
384certified check or money order or, at the discretion of the
385department, by electronic funds transfer agency check at the
386time the application is approved, except that the applicant for
387a Class "G," Class "C," Class "CC," Class "M," or Class "MA"
388license must pay the license fee at the time the application is
389made. If a license is revoked or denied or if the application is
390withdrawn, the license fee shall not be refunded.
391     Section 11.  Subsections (2), (4), and (6) of section
392493.6203, Florida Statutes, are amended to read:
393     493.6203  License requirements.-In addition to the license
394requirements set forth elsewhere in this chapter, each
395individual or agency shall comply with the following additional
396requirements:
397     (2)  An applicant for a Class "MA" license shall have 2
398years of lawfully gained, verifiable, full-time experience, or
399training in:
400     (a)  Private investigative work or related fields of work
401that provided equivalent experience or training;
402     (b)  Work as a Class "CC" licensed intern;
403     (c)  Any combination of paragraphs (a) and (b);
404     (d)  Experience described in paragraph (a) for 1 year and
405experience described in paragraph (e) for 1 year;
406     (e)  No more than 1 year using:
407     1.  College coursework related to criminal justice,
408criminology, or law enforcement administration; or
409     2.  Successfully completed law enforcement-related training
410received from any federal, state, county, or municipal agency;
411or
412     (f)  Experience described in paragraph (a) for 1 year and
413work in a managerial or supervisory capacity for 1 year.
414
415However, experience in performing bodyguard services is not
416creditable toward the requirements of this subsection.
417     (4)  An applicant for a Class "C" license shall have 2
418years of lawfully gained, verifiable, full-time experience, or
419training in one, or a combination of more than one, of the
420following:
421     (a)  Private investigative work or related fields of work
422that provided equivalent experience or training.
423     (b)  College coursework related to criminal justice,
424criminology, or law enforcement administration, or successful
425completion of any law enforcement-related training received from
426any federal, state, county, or municipal agency, except that no
427more than 1 year may be used from this category.
428     (c)  Work as a Class "CC" licensed intern.
429
430However, experience in performing bodyguard services is not
431creditable toward the requirements of this subsection.
432     (6)(a)  A Class "CC" licensee shall serve an internship
433under the direction and control of a designated sponsor, who is
434a Class "C," Class "MA," or Class "M" licensee.
435     (b)  Effective January 1, 2012 September 1, 2008, before
436submission of an application to the department, the an applicant
437for a Class "CC" license must have completed a minimum of 40 at
438least 24 hours of professional training a 40-hour course
439pertaining to general investigative techniques and this chapter,
440which course is offered by a state university or by a school,
441community college, college, or university under the purview of
442the Department of Education, and the applicant must pass an
443examination. The training must be provided in two parts, one 24-
444hour course and one 16-hour course. The certificate evidencing
445satisfactory completion of the 40 at least 24 hours of
446professional training a 40-hour course must be submitted with
447the application for a Class "CC" license. The remaining 16 hours
448must be completed and an examination passed within 180 days. If
449documentation of completion of the required training is not
450submitted within the specified timeframe, the individual's
451license is automatically suspended or his or her authority to
452work as a Class "CC" pursuant to s. 493.6105(9) is rescinded
453until such time as proof of certificate of completion is
454provided to the department. The training course specified in
455this paragraph may be provided by face-to-face presentation,
456online technology, or a home study course in accordance with
457rules and procedures of the Department of Education. The
458administrator of the examination must verify the identity of
459each applicant taking the examination.
460     (c)  An individual who submits an application for a Class
461"CC" license on or after September 1, 2008, through December 31,
4622011, who has not completed the 16-hour course must submit proof
463of successful completion of the course within 180 days after the
464date the application is submitted. If documentation of
465completion of the required training is not submitted by that
466date, the individual's license is automatically suspended until
467proof of the required training is submitted to the department.
468An individual licensed on or before August 31, 2008, is not
469required to complete additional training hours in order to renew
470an active license beyond the required total amount of training,
471and within the timeframe, in effect at the time he or she was
472licensed.
473     1.  Upon an applicant's successful completion of each part
474of the approved training course and passage of any required
475examination, the school, community college, college, or
476university shall issue a certificate of completion to the
477applicant. The certificates must be on a form established by
478rule of the department.
479     2.  The department shall establish by rule the general
480content of the professional training course and the examination
481criteria.
482     3.  If the license of an applicant for relicensure is has
483been invalid for more than 1 year, the applicant must complete
484the required training and pass any required examination.
485     Section 12.  Subsection (3) of section 493.6302, Florida
486Statutes, is amended to read:
487     493.6302  Fees.-
488     (3)  The fees set forth in this section must be paid by
489certified check or money order or, at the discretion of the
490department, by electronic funds transfer agency check at the
491time the application is approved, except that the applicant for
492a Class "D," Class "G," Class "M," or Class "MB" license must
493pay the license fee at the time the application is made. If a
494license is revoked or denied or if the application is withdrawn,
495the license fee shall not be refunded.
496     Section 13.  Subsection (4) of section 493.6303, Florida
497Statutes, is amended to read:
498     493.6303  License requirements.-In addition to the license
499requirements set forth elsewhere in this chapter, each
500individual or agency shall comply with the following additional
501requirements:
502     (4)(a)  Effective January 1, 2012, an applicant for a Class
503"D" license must submit proof of successful completion of
504complete a minimum of 40 hours of professional training at a
505school or training facility licensed by the department. The
506training must be provided in two parts, one 24-hour course and
507one 16-hour course. The department shall by rule establish the
508general content and number of hours of each subject area to be
509taught.
510     (b)  An individual who submits an application for a Class
511"D" license on or after January 1, 2007, through December 31,
5122011, who has not completed the 16-hour course must submit proof
513of successful completion of the course within 180 days after the
514date the application is submitted. If documentation of
515completion of the required training is not submitted by that
516date, the individual's license is automatically suspended until
517proof of the required training is submitted to the department.
518This section does not require a person licensed before January
5191, 2007, to complete additional training hours in order to renew
520an active license beyond the required total amount of training
521within the timeframe prescribed by law at the time he or she was
522licensed. An applicant may fulfill the training requirement
523prescribed in paragraph (a) by submitting proof of:
524     1.  Successful completion of the total number of required
525hours of training before initial application for a Class "D"
526license; or
527     2.  Successful completion of 24 hours of training before
528initial application for a Class "D" license and successful
529completion of the remaining 16 hours of training within 180 days
530after the date that the application is submitted. If
531documentation of completion of the required training is not
532submitted within the specified timeframe, the individual's
533license is automatically suspended until such time as proof of
534the required training is provided to the department.
535     (c)  An individual However, any person whose license is
536suspended or has been revoked, suspended pursuant to paragraph
537(b) subparagraph 2., or is expired for at least 1 year, or
538longer is considered, upon reapplication for a license, an
539initial applicant and must submit proof of successful completion
540of 40 hours of professional training at a school or training
541facility licensed by the department as provided prescribed in
542paragraph (a) before a license is will be issued. Any person
543whose license was issued before January 1, 2007, and whose
544license has been expired for less than 1 year must, upon
545reapplication for a license, submit documentation of completion
546of the total number of hours of training prescribed by law at
547the time her or his initial license was issued before another
548license will be issued. This subsection does not require an
549individual licensed before January 1, 2007, to complete
550additional training hours in order to renew an active license,
551beyond the required total amount of training within the
552timeframe prescribed by law at the time she or he was licensed.
553     Section 14.  Subsection (2) of section 493.6304, Florida
554Statutes, is amended to read:
555     493.6304  Security officer school or training facility.-
556     (2)  The application shall be signed and verified by the
557applicant under oath as provided in s. 92.525 notarized and
558shall contain, at a minimum, the following information:
559     (a)  The name and address of the school or training
560facility and, if the applicant is an individual, her or his
561name, address, and social security or alien registration number.
562     (b)  The street address of the place at which the training
563is to be conducted.
564     (c)  A copy of the training curriculum and final
565examination to be administered.
566     Section 15.  Subsections (2) and (4) of section 501.145,
567Florida Statutes, are amended to read:
568     501.145  Bedding Label Act.-
569     (2)  DEFINITIONS.-As used in For the purpose of this
570section, the term:
571     (a)  "bedding" means any mattress, box spring, pillow, or
572cushion made of leather or any other material which is or can be
573stuffed or filled in whole or in part with any substance or
574material, which can be used by any human being for sleeping or
575reclining purposes.
576     (b)  "Department" means the Department of Agriculture and
577Consumer Services.
578     (c)  "Enforcing authority" means the Department of
579Agriculture and Consumer Services or the Department of Legal
580Affairs.
581     (4)  PENALTIES.-The Department of Legal Affairs enforcing
582authority may bring an action for injunctive relief against any
583person who violates the provisions of this section. Any person
584who knowingly sells bedding which contains used material that is
585not labeled in accordance with this section commits a
586misdemeanor of the second degree, punishable as provided in s.
587775.082 or s. 775.083.
588     Section 16.  Subsection (2) of section 525.01, Florida
589Statutes, is amended to read:
590     525.01  Gasoline and oil to be inspected.-
591     (2)  All petroleum fuels are shall be subject to inspection
592and analysis by the department. Before selling or offering for
593sale in this state any petroleum fuel, all manufacturers,
594terminal suppliers, wholesalers, and importers as defined in s.
595206.01 jobbers shall file with the department:
596     (a)  An affidavit stating that they desire to do business
597in this state, and the name and address of the manufacturer of
598the petroleum fuel.
599     (b)  An affidavit stating that the petroleum fuel is in
600conformity with the standards prescribed by department rule.
601     Section 17.  Section 526.06, Florida Statutes, is amended
602to read:
603     526.06  Mixing, blending, compounding, or adulteration of
604liquid fuels of same manufacturer prohibited; sale of gasoline
605blended with ethanol.-A It is unlawful for any person may not to
606mix, blend, compound, or adulterate the liquid fuel, lubricating
607oil, grease, or similar product of a manufacturer or distributor
608with a liquid fuel, lubricating oil, grease, or similar product
609of the same manufacturer or distributor of a character or nature
610different from the character or nature of the liquid fuel,
611lubricating oil, grease, or similar product so mixed, blended,
612compounded, or adulterated, and expose for sale, offer for sale,
613or sell the same as the unadulterated product of such
614manufacturer or distributor or as the unadulterated product of
615any other manufacturer or distributor. However, nothing in this
616chapter does not shall be construed to prevent the lawful owner
617of such products from applying his, her, or its own trademark,
618trade name, or symbol to any product or material. Ethanol-
619blended fuels which contain unleaded gasoline and up to 10
620percent denatured ethanol by volume may be sold at retail
621service stations for use in motor vehicles. To provide retail
622service stations flexibility during the transition period to
623ethanol-blended fuels, the T50 and TV/L specifications for
624gasoline containing between 9 and 10 percent ethanol shall be
625applied to all gasoline containing between 1 and 10 percent
626ethanol by volume provided the last three or fewer deliveries
627contained between 9 and 10 percent ethanol by volume. If there
628is no reasonable availability of ethanol or the price of ethanol
629exceeds the price of gasoline, the T50 and TV/L specifications
630for gasoline containing between 9 and 10 percent ethanol shall
631be applicable for gasoline containing between 1 and 10 percent
632ethanol for up to three deliveries of fuel.
633     Section 18.  Paragraph (b) of subsection (1) of section
634526.203, Florida Statutes, is amended to read:
635     526.203  Renewable fuel standard.-
636     (1)  DEFINITIONS.-As used in this act:
637     (b)  "Blended gasoline" means a mixture of 90 to 91 percent
638or less gasoline and 9 to 10 percent or more fuel ethanol, by
639volume, that meets the specifications as adopted by the
640department. The fuel ethanol portion may be derived from any
641agricultural source.
642     Section 19.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.