Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 740
       
       
       
       
       
       
                                Ì350294/Î350294                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Appropriations (Stargel) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (6) of section
    6  193.461, Florida Statutes, is amended to read:
    7         193.461 Agricultural lands; classification and assessment;
    8  mandated eradication or quarantine program.—
    9         (6)
   10         (c)1. For purposes of the income methodology approach to
   11  assessment of property used for agricultural purposes,
   12  irrigation systems, including pumps and motors, physically
   13  attached to the land shall be considered a part of the average
   14  yields per acre and shall have no separately assessable
   15  contributory value.
   16         2. Litter containment structures located on producing
   17  poultry farms and animal waste nutrient containment structures
   18  located on producing dairy farms shall be assessed by the
   19  methodology described in subparagraph 1.
   20         3. Structures or improvements used in horticultural
   21  production for frost or freeze protection and screen enclosed
   22  structures used in citrus production for pest exclusion, which
   23  are consistent with the interim measures or best management
   24  practices adopted by the Department of Agriculture and Consumer
   25  Services pursuant to s. 570.93 or s. 403.067(7)(c), shall be
   26  assessed by the methodology described in subparagraph 1.
   27         Section 2. Paragraphs (b), (d), and (i) of subsection (5)
   28  of section 379.361, Florida Statutes, are amended to read:
   29         379.361 Licenses.—
   30         (5) APALACHICOLA BAY OYSTER HARVESTING LICENSE.—
   31         (b) A No person may not shall harvest oysters from the
   32  Apalachicola Bay without a valid Apalachicola Bay oyster
   33  harvesting license issued by the City of Apalachicola Department
   34  of Agriculture and Consumer Services. This requirement does
   35  shall not apply to anyone harvesting noncommercial quantities of
   36  oysters in accordance with commission rules, or to any person
   37  less than 18 years old.
   38         (d) The City of Apalachicola Department of Agriculture and
   39  Consumer Services shall collect an annual fee of $100 from state
   40  residents and $500 from nonresidents for the issuance of an
   41  Apalachicola Bay oyster harvesting license. The license year
   42  shall begin on July 1 of each year and end on June 30 of the
   43  following year. The license shall be valid only for the
   44  licensee. Only bona fide residents of the state Florida may
   45  obtain a resident license pursuant to this subsection.
   46         (i) The proceeds from Apalachicola Bay oyster harvesting
   47  license fees shall be deposited by the City of Apalachicola into
   48  a trust account in the General Inspection Trust Fund and, less
   49  reasonable administrative costs, must shall be used or
   50  distributed by the City of Apalachicola Department of
   51  Agriculture and Consumer Services for the following purposes in
   52  Apalachicola Bay:
   53         1. An Apalachicola Bay oyster shell recycling program
   54  Relaying and transplanting live oysters.
   55         2. Shell planting to construct or rehabilitate oyster bars.
   56         3. Education programs for licensed oyster harvesters on
   57  oyster biology, aquaculture, boating and water safety,
   58  sanitation, resource conservation, small business management,
   59  marketing, and other relevant subjects.
   60         4. Research directed toward the enhancement of oyster
   61  production in the bay and the water management needs of the bay.
   62         Section 3. Paragraphs (a), (b), and (i) of subsection (1)
   63  of section 487.041, Florida Statutes, are amended to read:
   64         487.041 Registration.—
   65         (1)(a) Effective January 1, 2009, Each brand of pesticide,
   66  as defined in s. 487.021, which is distributed, sold, or offered
   67  for sale, except as provided in this section, within this state
   68  or delivered for transportation or transported in intrastate
   69  commerce or between points within this state through any point
   70  outside this state must be registered in the office of the
   71  department, and such registration shall be renewed biennially.
   72  Emergency exemptions from registration may be authorized in
   73  accordance with the rules of the department. The registrant
   74  shall file with the department a statement including:
   75         1. The name, business mailing address, and street address
   76  of the registrant.
   77         2. The name of the brand of pesticide.
   78         3. An ingredient statement and a complete current copy of
   79  the labeling accompanying the brand of pesticide, which must
   80  conform to the registration, and a statement of all claims to be
   81  made for it, including directions for use and a guaranteed
   82  analysis showing the names and percentages by weight of each
   83  active ingredient, the total percentage of inert ingredients,
   84  and the names and percentages by weight of each “added
   85  ingredient.”
   86         (b) Effective January 1, 2009, For the purpose of defraying
   87  expenses of the department in connection with carrying out the
   88  provisions of this part, each registrant shall pay a biennial
   89  registration fee for each registered brand of pesticide. The
   90  registration of each brand of pesticide shall cover a designated
   91  2-year period beginning on January 1 of each odd-numbered year
   92  and expiring on December 31 of the following year.
   93         (i)Effective January 1, 2013, all payments of any
   94  pesticide registration fees, including late fees, shall be
   95  submitted electronically using the department’s Internet website
   96  for registration of pesticide product brands.
   97         Section 4. Subsection (19) is added to section 496.415,
   98  Florida Statutes, to read:
   99         496.415 Prohibited acts.—It is unlawful for any person in
  100  connection with the planning, conduct, or execution of any
  101  solicitation or charitable or sponsor sales promotion to:
  102         (19)Commingle charitable contributions with noncharitable
  103  funds.
  104         Section 5. Section 496.418, Florida Statutes, is amended to
  105  read:
  106         496.418 Recordkeeping and accounting Records.—
  107         (1)Each charitable organization, sponsor, professional
  108  fundraising consultant, and professional solicitor that collects
  109  or takes control or possession of contributions made for a
  110  charitable purpose must keep records to permit accurate
  111  reporting and auditing as required by law, must not commingle
  112  contributions with noncharitable funds as specified in s.
  113  496.415(19), and must be able to account for the funds. When
  114  expenditures are not properly documented and disclosed by
  115  records, there exists a rebuttable presumption that the
  116  charitable organization, sponsor, professional fundraising
  117  consultant, or professional solicitor did not properly expend
  118  such funds. Noncharitable funds include any funds that are not
  119  used or intended to be used for the operation of the charity or
  120  for charitable purposes.
  121         (2) Each charitable organization, sponsor, professional
  122  fundraising consultant, and professional solicitor must keep for
  123  a period of at least 3 years true and accurate records as to its
  124  activities in this state which are covered by ss. 496.401
  125  496.424. The records must be made available, without subpoena,
  126  to the department for inspection and must be furnished no later
  127  than 10 working days after requested.
  128         Section 6. Paragraph (b) of subsection (3) and paragraph
  129  (i) of subsection (5) of section 500.459, Florida Statutes, are
  130  amended to read:
  131         500.459 Water vending machines.—
  132         (3) PERMITTING REQUIREMENTS.—
  133         (b) An application for an operating permit must be made in
  134  writing to the department on forms provided by the department
  135  and must be accompanied by a fee as provided in subsection (4).
  136  The application must state the location of each water vending
  137  machine, the source of the water to be vended, the treatment the
  138  water will receive prior to being vended, and any other
  139  information considered necessary by the department.
  140         (5) OPERATING STANDARDS.—
  141         (i) The operator shall place on each water vending machine,
  142  in a position clearly visible to customers, the following
  143  information: the name and address of the operator; the operating
  144  permit number; the fact that the water is obtained from a public
  145  water supply; the method of treatment used; the method of
  146  postdisinfection used; and a local or toll-free telephone number
  147  that may be called for obtaining further information, reporting
  148  problems, or making complaints.
  149         Section 7. Paragraph (g) of subsection (1) of section
  150  501.059, Florida Statutes, is amended, and paragraph (i) is
  151  added to that subsection, and subsection (5), paragraph (c) of
  152  subsection (8), and subsection (9) of that section are amended,
  153  to read:
  154         501.059 Telephone solicitation.—
  155         (1) As used in this section, the term:
  156         (g) “Telephonic sales call” means a telephone call, or text
  157  message, or voicemail transmission to a consumer for the purpose
  158  of soliciting a sale of any consumer goods or services,
  159  soliciting an extension of credit for consumer goods or
  160  services, or obtaining information that will or may be used for
  161  the direct solicitation of a sale of consumer goods or services
  162  or an extension of credit for such purposes.
  163         (i)“Voicemail transmission” means technologies that
  164  deliver a voice message directly to a voicemail application,
  165  service, or device.
  166         (5) A telephone solicitor or other person may not initiate
  167  an outbound telephone call, or text message, or voicemail
  168  transmission to a consumer, business, or donor or potential
  169  donor who has previously communicated to the telephone solicitor
  170  or other person that he or she does not wish to receive an
  171  outbound telephone call, or text message, or voicemail
  172  transmission:
  173         (a) Made by or on behalf of the seller whose goods or
  174  services are being offered; or
  175         (b) Made on behalf of a charitable organization for which a
  176  charitable contribution is being solicited.
  177         (8)
  178         (c) It shall be unlawful for any person who makes a
  179  telephonic sales call or causes a telephonic sales call to be
  180  made to fail to transmit or cause not to be transmitted the
  181  originating telephone number and, when made available by the
  182  telephone solicitor’s carrier, the name of the telephone
  183  solicitor to any caller identification service in use by a
  184  recipient of a telephonic sales call. However, it shall not be a
  185  violation to substitute, for the name and telephone number used
  186  in or billed for making the call, the name of the seller on
  187  behalf of which a telephonic sales call is placed and the
  188  seller’s customer service telephone number, which is answered
  189  during regular business hours. If a telephone number is made
  190  available through a caller identification service as a result of
  191  a telephonic sales call, the solicitor must ensure that
  192  telephone number is capable of receiving telephone calls and
  193  must connect the original call recipient, upon calling such
  194  number, to the telephone solicitor or to the seller on behalf of
  195  which a telephonic sales call was placed. For purposes of this
  196  section, the term “caller identification service” means a
  197  service that allows a telephone subscriber to have the telephone
  198  number and, where available, the name of the calling party
  199  transmitted contemporaneously with the telephone call and
  200  displayed on a device in or connected to the subscriber’s
  201  telephone.
  202         (9)(a) The department shall investigate any complaints
  203  received concerning violations of this section. If, after
  204  investigating a complaint, the department finds that there has
  205  been a violation of this section, the department or the
  206  Department of Legal Affairs may bring an action to impose a
  207  civil penalty and to seek other relief, including injunctive
  208  relief, as the court deems appropriate against the telephone
  209  solicitor. The civil penalty shall be in the Class IV III
  210  category pursuant to s. 570.971 for each violation and shall be
  211  deposited in the General Inspection Trust Fund if the action or
  212  proceeding was brought by the department, or the Legal Affairs
  213  Revolving Trust Fund if the action or proceeding was brought by
  214  the Department of Legal Affairs. This civil penalty may be
  215  recovered in any action brought under this part by the
  216  department, or the department may terminate any investigation or
  217  action upon agreement by the person to pay a stipulated civil
  218  penalty. The department or the court may waive any civil penalty
  219  if the person has previously made full restitution or
  220  reimbursement or has paid actual damages to the consumers who
  221  have been injured by the violation.
  222         (b) The department may, as an alternative to the civil
  223  penalties provided in paragraph (a), impose an administrative
  224  fine in the Class III I category pursuant to s. 570.971 for each
  225  act or omission that constitutes a violation of this section. An
  226  administrative proceeding that could result in the entry of an
  227  order imposing an administrative penalty must be conducted
  228  pursuant to chapter 120.
  229         Section 8. Section 501.6175, Florida Statutes, is created
  230  to read:
  231         501.6175Recordkeeping.—A commercial telephone seller shall
  232  keep all of the following information for 2 years after the date
  233  the information first becomes part of the seller’s business
  234  records:
  235         (1)The name and telephone number of each consumer
  236  contacted by a telephone sales call.
  237         (2)All express requests authorizing the telephone
  238  solicitor to contact the consumer.
  239         (3)Any script, outline, or presentation the applicant
  240  requires or suggests a salesperson use when soliciting; sales
  241  information or literature to be provided by the commercial
  242  telephone seller to a salesperson; and sales information or
  243  literature to be provided by the commercial telephone seller to
  244  a consumer in connection with any solicitation.
  245  
  246  Within 10 days of an oral or written request by the department,
  247  including a written request transmitted by electronic mail, a
  248  commercial telephone seller must make the records it keeps
  249  pursuant to this section available for inspection and copying by
  250  the department during the department’s normal business hours.
  251  This section does not limit the department’s ability to inspect
  252  and copy material pursuant to any other law.
  253         Section 9. Section 501.912, Florida Statutes, is amended to
  254  read:
  255         501.912 Definitions.—As used in ss. 501.91-501.923:
  256         (1) “Antifreeze” means any substance or preparation,
  257  including, but not limited to, antifreeze-coolant, antifreeze
  258  and summer coolant, or summer coolant, that is sold,
  259  distributed, or intended for use:
  260         (a) As the cooling liquid, or to be added to the cooling
  261  liquid, in the cooling system of internal combustion engines of
  262  motor vehicles to prevent freezing of the cooling liquid or to
  263  lower its freezing point; or
  264         (b)To raise the boiling point of water or for the
  265  prevention of engine overheating, whether or not the liquid is
  266  used as a year-round cooling system fluid.
  267         (2)“Antifreeze-coolant,” “antifreeze and summer coolant,”
  268  or “summer coolant” means any substance as defined in subsection
  269  (1) which also is sold, distributed, or intended for raising the
  270  boiling point of water or for the prevention of engine
  271  overheating whether or not used as a year-round cooling system
  272  fluid. Unless otherwise stated, the term “antifreeze” includes
  273  “antifreeze,” “antifreeze-coolant,” “antifreeze and summer
  274  coolant,” and “summer coolant.”
  275         (2)(3) “Department” means the Department of Agriculture and
  276  Consumer Services.
  277         (3)(4) “Distribute” means to hold with an intent to sell,
  278  offer for sale, sell, barter, or otherwise supply to the
  279  consumer.
  280         (4)(5) “Package” means a sealed, tamperproof retail
  281  package, drum, or other container designed for the sale of
  282  antifreeze directly to the consumer or a container from which
  283  the antifreeze may be installed directly by the seller into the
  284  cooling system. However, this term, but does not include
  285  shipping containers containing properly labeled inner
  286  containers.
  287         (5)(6) “Label” means any display of written, printed, or
  288  graphic matter on, or attached to, a package or to the outside
  289  individual container or wrapper of the package.
  290         (6)(7) “Labeling” means the labels and any other written,
  291  printed, or graphic matter accompanying a package.
  292         Section 10. Section 501.913, Florida Statutes, is amended
  293  to read:
  294         501.913 Registration.—
  295         (1) Each brand of antifreeze to be distributed in this
  296  state must shall be registered with the department before
  297  distribution. The person whose name appears on the label, the
  298  manufacturer, or the packager shall make application annually or
  299  biennially to the department on forms provided by the
  300  department. The registration certificate expires shall expire 12
  301  or 24 months after the date of issue, as indicated on the
  302  registration certificate. The registrant assumes, by application
  303  to register the brand, full responsibility for the registration,
  304  quality, and quantity of the product sold, offered, or exposed
  305  for sale in this state. If a registered brand is not in
  306  production for distribution in this state and to ensure any
  307  remaining product that is still available for sale in the state
  308  is properly registered, the registrant must submit a notarized
  309  affidavit on company letterhead to the department certifying
  310  that:
  311         (a)The stated brand is no longer in production;
  312         (b)The stated brand will not be distributed in this state;
  313  and
  314         (c)All existing product of the stated brand will be
  315  removed by the registrant from the state within 30 days after
  316  expiration of the registration or the registrant will reregister
  317  the brand for two subsequent registration periods.
  318  
  319  If production resumes, the brand must be reregistered before it
  320  is distributed in this state.
  321         (2) The completed application shall be accompanied by:
  322         (a) Specimens or copies facsimiles of the label for each
  323  brand of antifreeze;
  324         (b) An application fee of $200 for a 12-month registration
  325  or $400 for a 24-month registration for each brand of
  326  antifreeze; and
  327         (c) For first-time applications, a certified report from an
  328  independent testing laboratory, dated no more than 6 months
  329  before the registration application, providing analysis showing
  330  that the antifreeze conforms to minimum standards required for
  331  antifreeze by this part or rules of the department and is not
  332  adulterated A properly labeled sample of between 1 and 2 gallons
  333  for each brand of antifreeze.
  334         (3) The department may analyze or inspect the antifreeze to
  335  ensure that it:
  336         (a) Meets the labeling claims;
  337         (b) Conforms to minimum standards required for antifreeze
  338  by this part chapter or rules of the department; and
  339         (c) Is not adulterated as prescribed for antifreeze by this
  340  part chapter.
  341         (4)(a) If the registration requirements are met, and, if
  342  the antifreeze meets the minimum standards, is not adulterated,
  343  and meets the labeling claims, the department shall issue a
  344  certificate of registration authorizing the distribution of that
  345  antifreeze in the state for the permit period year.
  346         (b) If registration requirements are not met, or, if the
  347  antifreeze fails to meet the minimum standards, is adulterated,
  348  or fails to meet the labeling claims, the department shall
  349  refuse to register the antifreeze.
  350         Section 11. Section 501.917, Florida Statutes, is amended
  351  to read:
  352         501.917 Inspection by department; sampling and analysis.
  353  The department has shall have the right to have access at
  354  reasonable hours to all places and property where antifreeze is
  355  stored, distributed, or offered or intended to be offered for
  356  sale, including the right to inspect and examine all antifreeze
  357  and to take reasonable samples of antifreeze for analysis
  358  together with specimens of labeling. Collected samples must be
  359  analyzed by the department. The certificate of analysis by the
  360  department shall be prima facie evidence of the facts stated
  361  therein in any legal proceeding in this state All samples taken
  362  shall be properly sealed and sent to a laboratory designated by
  363  the department for examination together with all labeling
  364  pertaining to such samples. It shall be the duty of said
  365  laboratory to examine promptly all samples received in
  366  connection with the administration and enforcement of this act.
  367         Section 12. Section 501.92, Florida Statutes, is amended to
  368  read:
  369         501.92 Formula may be required.—The department may, if
  370  required for the analysis of antifreeze by the laboratory
  371  designated by the department for the purpose of registration,
  372  require the applicant to furnish a statement of the formula of
  373  such antifreeze, unless the applicant can furnish other
  374  satisfactory evidence that such antifreeze is not adulterated or
  375  misbranded. Such statement need not include inhibitor or other
  376  minor ingredients which total less than 5 percent by weight of
  377  the antifreeze; and, if over 5 percent, the composition of the
  378  inhibitor and such other ingredients may be given in generic
  379  terms.
  380         Section 13. Paragraph (e) of subsection (10) of section
  381  525.07, Florida Statutes, is redesignated as paragraph (f), and
  382  a new paragraph (e) is added to that subsection, to read:
  383         525.07 Powers and duties of department; inspections;
  384  unlawful acts.—
  385         (10)
  386         (e)The department may seize without warrant any skimming
  387  device, as defined in s. 817.625, for use as evidence.
  388         Section 14. Subsection (4) is added to section 526.304,
  389  Florida Statutes, to read:
  390         526.304 Predatory practices unlawful; exceptions.—
  391         (4) The Department of Agriculture and Consumer Services may
  392  by emergency order, in furtherance of executing emergency plans
  393  or to aid in the recovery of an emergency-impacted area,
  394  temporarily suspend enforcement of this section during a state
  395  of emergency declared pursuant to s. 252.36.
  396         Section 15. Subsection (6) is added to section 526.305,
  397  Florida Statutes, to read:
  398         526.305 Discriminatory practices unlawful; exceptions.—
  399         (6) The Department of Agriculture and Consumer Services may
  400  by emergency order, in furtherance of executing emergency plans
  401  or to aid in the recovery of an emergency-impacted area,
  402  temporarily suspend enforcement of this section during a state
  403  of emergency declared pursuant to s. 252.36.
  404         Section 16. Subsection (1) of section 526.51, Florida
  405  Statutes, is amended to read:
  406         526.51 Registration; renewal and fees; departmental
  407  expenses; cancellation or refusal to issue or renew.—
  408         (1)(a) Application for registration of each brand of brake
  409  fluid shall be made on forms supplied by the department. The
  410  applicant shall give his or her name and address and the brand
  411  name of the brake fluid, state that he or she owns the brand
  412  name and has complete control over the product sold thereunder
  413  in this state, and provide the name and address of the resident
  414  agent in this state. If the applicant does not own the brand
  415  name but wishes to register the product with the department, a
  416  notarized affidavit that gives the applicant full authorization
  417  to register the brand name and that is signed by the owner of
  418  the brand name must accompany the application for registration.
  419  The affidavit must include all affected brand names, the owner’s
  420  company or corporate name and address, the applicant’s company
  421  or corporate name and address, and a statement from the owner
  422  authorizing the applicant to register the product with the
  423  department. The owner of the brand name shall maintain complete
  424  control over each product sold under that brand name in this
  425  state.
  426         (b)The completed application must be accompanied by the
  427  following:
  428         1.Specimens or copies of the label for each brand of brake
  429  fluid.
  430         2.An application fee of $50 for a 12-month registration or
  431  $100 for a 24-month registration for each brand of brake fluid.
  432         3.For All first-time applications for a brand and formula
  433  combination, must be accompanied by a certified report from an
  434  independent testing laboratory, dated no more than 6 months
  435  before the registration application, setting forth the analysis
  436  of the brake fluid which shows its quality to be not less than
  437  the specifications established by the department for brake
  438  fluids. A sample of not less than 24 fluid ounces of brake fluid
  439  shall be submitted, in a container with a label printed in the
  440  same manner that it will be labeled when sold, and the sample
  441  and container shall be analyzed and inspected by the department
  442  in order that compliance with the department’s specifications
  443  and labeling requirements may be verified.
  444  
  445  Upon approval of the application, the department shall register
  446  the brand name of the brake fluid and issue to the applicant a
  447  permit authorizing the registrant to sell the brake fluid in
  448  this state. The registration certificate expires shall expire 12
  449  or 24 months after the date of issue, as indicated on the
  450  registration certificate.
  451         (c)(b)Each applicant shall pay a fee of $100 with each
  452  application. A permit may be renewed by application to the
  453  department, accompanied by a renewal fee of $50 for a 12-month
  454  registration, or $100 for a 24-month registration, on or before
  455  the expiration of the previously issued permit. To reregister a
  456  previously registered brand and formula combination, an
  457  applicant must submit a completed application and all materials
  458  as required in this section to the department before the
  459  expiration of the previously issued permit. A brand and formula
  460  combination for which a completed application and all materials
  461  required in this section are not received before the expiration
  462  of the previously issued permit may not be registered with the
  463  department until a completed application and all materials
  464  required in this section have been received and approved. If the
  465  brand and formula combination was previously registered with the
  466  department and a fee, application, or materials required in this
  467  section are received after the expiration of the previously
  468  issued permit, a penalty of $25 accrues, which shall be added to
  469  the fee. Renewals shall be accepted only on brake fluids that
  470  have no change in formula, composition, or brand name. Any
  471  change in formula, composition, or brand name of a brake fluid
  472  constitutes a new product that must be registered in accordance
  473  with this part.
  474         (c)If a registered brand and formula combination is no
  475  longer in production for distribution in this state, in order to
  476  ensure that any remaining product still available for sale in
  477  this state is properly registered, the registrant must submit a
  478  notarized affidavit on company letterhead to the department
  479  certifying that:
  480         1.The stated brand and formula combination is no longer in
  481  production;
  482         2.The stated brand and formula combination will not be
  483  distributed in this state; and
  484         3.Either all existing product of the stated brand and
  485  formula combination will be removed by the registrant from the
  486  state within 30 days after the expiration of the registration or
  487  that the registrant will reregister the brand and formula
  488  combination for 2 subsequent years.
  489  
  490  If production resumes, the brand and formula combination must be
  491  reregistered before it is again distributed in this state.
  492         Section 17. Subsection (1) of section 526.53, Florida
  493  Statutes, is amended to read:
  494         526.53 Enforcement; inspection and analysis, stop-sale and
  495  disposition, regulations.—
  496         (1) The department shall enforce the provisions of this
  497  part through the department, and may sample, inspect, analyze,
  498  and test any brake fluid manufactured, packed, or sold within
  499  this state. Collected samples must be analyzed by the
  500  department. The certificate of analysis by the department shall
  501  be prima facie evidence of the facts stated therein in any legal
  502  proceeding in this state. The department has shall have free
  503  access during business hours to all premises, buildings,
  504  vehicles, cars, or vessels used in the manufacture, packing,
  505  storage, sale, or transportation of brake fluid, and may open
  506  any box, carton, parcel, or container of brake fluid and take
  507  samples for inspection and analysis or for evidence.
  508         Section 18. Section 527.01, Florida Statutes, is amended to
  509  read:
  510         527.01 Definitions.—As used in this chapter:
  511         (1) “Liquefied petroleum gas” means any material which is
  512  composed predominantly of any of the following hydrocarbons, or
  513  mixtures of the same: propane, propylene, butanes (normal butane
  514  or isobutane), and butylenes.
  515         (2) “Person” means any individual, firm, partnership,
  516  corporation, company, association, organization, or cooperative.
  517         (3) “Ultimate Consumer” means the person last purchasing
  518  liquefied petroleum gas in its liquid or vapor state for
  519  industrial, commercial, or domestic use.
  520         (4) “Department” means the Department of Agriculture and
  521  Consumer Services.
  522         (5) “Qualifier” means any person who has passed a
  523  competency examination administered by the department and is
  524  employed by a licensed category I, category II, or category V
  525  business. in one or more of the following classifications:
  526         (a)Category I liquefied petroleum gas dealer.
  527         (b)Category II liquefied petroleum gas dispenser.
  528         (c)LP gas installer.
  529         (d)Specialty installer.
  530         (e)Requalifier of cylinders.
  531         (f)Fabricator, repairer, and tester of vehicles and cargo
  532  tanks.
  533         (g)Category IV liquefied petroleum gas dispensing unit
  534  operator and recreational vehicle servicer.
  535         (h)Category V liquefied petroleum gases dealer for
  536  industrial uses only.
  537         (6) “Category I liquefied petroleum gas dealer” means any
  538  person selling or offering to sell by delivery or at a
  539  stationary location any liquefied petroleum gas to the ultimate
  540  consumer for industrial, commercial, or domestic use; any person
  541  leasing or offering to lease, or exchanging or offering to
  542  exchange, any apparatus, appliances, and equipment for the use
  543  of liquefied petroleum gas; any person installing, servicing,
  544  altering, or modifying apparatus, piping, tubing, appliances,
  545  and equipment for the use of liquefied petroleum or natural gas;
  546  any person installing carburetion equipment; or any person
  547  requalifying cylinders.
  548         (7) “Category II liquefied petroleum gas dispenser” means
  549  any person engaging in the business of operating a liquefied
  550  petroleum gas dispensing unit for the purpose of serving liquid
  551  products to the ultimate consumer for industrial, commercial, or
  552  domestic use, and selling or offering to sell, or leasing or
  553  offering to lease, apparatus, appliances, and equipment for the
  554  use of liquefied petroleum gas, including maintaining a cylinder
  555  storage rack at the licensed business location for the purpose
  556  of storing cylinders filled by the licensed business for sale or
  557  use at a later date.
  558         (8) “Category III liquefied petroleum gas cylinder exchange
  559  operator” means any person operating a storage facility used for
  560  the purpose of storing filled propane cylinders of not more than
  561  43.5 pounds propane capacity or 104 pounds water capacity, while
  562  awaiting sale to the ultimate consumer, or a facility used for
  563  the storage of empty or filled containers which have been
  564  offered for exchange.
  565         (9) “Category IV dealer in appliances and equipment
  566  liquefied petroleum gas dispenser and recreational vehicle
  567  servicer” means any person selling or offering to sell, or
  568  leasing or offering to lease, apparatus, appliances, and
  569  equipment for the use of liquefied petroleum gas engaging in the
  570  business of operating a liquefied petroleum gas dispensing unit
  571  for the purpose of serving liquid product to the ultimate
  572  consumer for industrial, commercial, or domestic use, and
  573  selling or offering to sell, or leasing or offering to lease,
  574  apparatus, appliances, and equipment for the use of liquefied
  575  petroleum gas, and whose services include the installation,
  576  service, or repair of recreational vehicle liquefied petroleum
  577  gas appliances and equipment.
  578         (10) “Category V LP gas installer” means any person who is
  579  engaged in the liquefied petroleum gas business and whose
  580  services include the installation, servicing, altering, or
  581  modifying of apparatus, piping, tubing, tanks, and equipment for
  582  the use of liquefied petroleum or natural gas and selling or
  583  offering to sell, or leasing or offering to lease, apparatus,
  584  appliances, and equipment for the use of liquefied petroleum or
  585  natural gas.
  586         (11) “Category VI miscellaneous operator” means any person
  587  who is engaged in operation as a manufacturer of LP gas
  588  appliances and equipment; a fabricator, repairer, and tester of
  589  vehicles and cargo tanks; a requalifier of LP gas cylinders; or
  590  a pipeline system operator Specialty installer” means any person
  591  involved in the installation, service, or repair of liquefied
  592  petroleum or natural gas appliances and equipment, and selling
  593  or offering to sell, or leasing or offering to lease, apparatus,
  594  appliances, and equipment for the use of liquefied petroleum
  595  gas, whose activities are limited to specific types of
  596  appliances and equipment as designated by department rule.
  597         (12)“Dealer in appliances and equipment for use of
  598  liquefied petroleum gas” means any person selling or offering to
  599  sell, or leasing or offering to lease, apparatus, appliances,
  600  and equipment for the use of liquefied petroleum gas.
  601         (12)(13) “Manufacturer of liquefied petroleum gas
  602  appliances and equipment” means any person in this state
  603  manufacturing and offering for sale or selling tanks, cylinders,
  604  or other containers and necessary appurtenances for use in the
  605  storage, transportation, or delivery of such gas to the ultimate
  606  consumer, or manufacturing and offering for sale or selling
  607  apparatus, appliances, and equipment for the use of liquefied
  608  petroleum gas to the ultimate consumer.
  609         (13)(14) “Wholesaler” means any person, as defined by
  610  subsection (2), selling or offering to sell any liquefied
  611  petroleum gas for industrial, commercial, or domestic use to any
  612  person except the ultimate consumer.
  613         (14)(15) “Requalifier of cylinders” means any person
  614  involved in the retesting, repair, qualifying, or requalifying
  615  of liquefied petroleum gas tanks or cylinders manufactured under
  616  specifications of the United States Department of Transportation
  617  or former Interstate Commerce Commission.
  618         (15)(16) “Fabricator, repairer, and tester of vehicles and
  619  cargo tanks” means any person involved in the hydrostatic
  620  testing, fabrication, repair, or requalifying of any motor
  621  vehicles or cargo tanks used for the transportation of liquefied
  622  petroleum gases, when such tanks are permanently attached to or
  623  forming a part of the motor vehicle.
  624         (17)“Recreational vehicle” means a motor vehicle designed
  625  to provide temporary living quarters for recreational, camping,
  626  or travel use, which has its own propulsion or is mounted on or
  627  towed by another motor vehicle.
  628         (16)(18) “Pipeline system operator” means any person who
  629  owns or operates a liquefied petroleum gas pipeline system that
  630  is used to transmit liquefied petroleum gas from a common source
  631  to the ultimate customer and that serves 10 or more customers.
  632         (19)“Category V liquefied petroleum gases dealer for
  633  industrial uses only” means any person engaged in the business
  634  of filling, selling, and transporting liquefied petroleum gas
  635  containers for use in welding, forklifts, or other industrial
  636  applications.
  637         (17)(20) “License period year” means the period 1 to 3
  638  years from the issuance of the license from September 1 through
  639  the following August 31, or April 1 through the following March
  640  31, depending upon the type of license.
  641         Section 19. Section 527.02, Florida Statutes, is amended to
  642  read:
  643         527.02 License; penalty; fees.—
  644         (1) It is unlawful for any person to engage in this state
  645  in the activities defined in s. 527.01(6) through (11) of a
  646  pipeline system operator, category I liquefied petroleum gas
  647  dealer, category II liquefied petroleum gas dispenser, category
  648  III liquefied petroleum gas cylinder exchange operator, category
  649  IV liquefied petroleum gas dispenser and recreational vehicle
  650  servicer, category V liquefied petroleum gas dealer for
  651  industrial uses only, LP gas installer, specialty installer,
  652  dealer in liquefied petroleum gas appliances and equipment,
  653  manufacturer of liquefied petroleum gas appliances and
  654  equipment, requalifier of cylinders, or fabricator, repairer,
  655  and tester of vehicles and cargo tanks without first obtaining
  656  from the department a license to engage in one or more of these
  657  businesses. The sale of liquefied petroleum gas cylinders with a
  658  volume of 10 pounds water capacity or 4.2 pounds liquefied
  659  petroleum gas capacity or less is exempt from the requirements
  660  of this chapter. It is a felony of the third degree, punishable
  661  as provided in s. 775.082, s. 775.083, or s. 775.084, to
  662  intentionally or willfully engage in any of said activities
  663  without first obtaining appropriate licensure from the
  664  department.
  665         (2) Each business location of a person having multiple
  666  locations must shall be separately licensed and must meet the
  667  requirements of this section. Such license shall be granted to
  668  any applicant determined by the department to be competent,
  669  qualified, and trustworthy who files with the department a
  670  surety bond, insurance affidavit, or other proof of insurance,
  671  as hereinafter specified, and pays for such license the
  672  following annual license original application fee for new
  673  licenses and annual renewal fees for existing licenses:
  674  
  675  License Category     License OriginalApplication Fee Per Year    RenewalFee     
  676  Category I liquefiedpetroleum gasdealer         $400 $525                $425        
  677  Category II liquefiedpetroleum gasdispenser         $400 525                  375        
  678  Category IIIliquefied petroleumgas cylinderexchange unitoperator          $65 100                  65         
  679  Category IVdealer in appliances and equipmentliquefied petroleumgas dispenser andrecreational vehicleservicer          $65 525                  400        
  680  Category V LP gas installer liquefiedpetroleum gasesdealer for industrialuses only         $200 300                  200        
  681  Category VI miscellaneous operator LP gasinstaller         $200 300                  200        
  682  Specialtyinstaller               300                    200        
  683  Dealer in appliances and equipmentfor use of liquefiedpetroleum gas            50                     45         
  684  Manufacturer ofliquefied petroleumgas appliances andequipment            525                    375        
  685  Requalifier ofcylinders            525                    375        
  686  Fabricator, repairer,and tester ofvehicles andcargo tanks            525                    375        
  687  
  688  
  689         (3)(a) An applicant for an original license who submits an
  690  application during the last 6 months of the license year may
  691  have the original license fee reduced by one-half for the 6
  692  month period. This provision applies only to those companies
  693  applying for an original license and may not be applied to
  694  licensees who held a license during the previous license year
  695  and failed to renew the license. The department may refuse to
  696  issue an initial license to an applicant who is under
  697  investigation in any jurisdiction for an action that would
  698  constitute a violation of this chapter until such time as the
  699  investigation is complete.
  700         (b) The department shall waive the initial license fee for
  701  1 year for an honorably discharged veteran of the United States
  702  Armed Forces, the spouse of such a veteran, or a business entity
  703  that has a majority ownership held by such a veteran or spouse
  704  if the department receives an application, in a format
  705  prescribed by the department, within 60 months after the date of
  706  the veteran’s discharge from any branch of the United States
  707  Armed Forces. To qualify for the waiver, a veteran must provide
  708  to the department a copy of his or her DD Form 214, as issued by
  709  the United States Department of Defense or another acceptable
  710  form of identification as specified by the Department of
  711  Veterans’ Affairs; the spouse of a veteran must provide to the
  712  department a copy of the veteran’s DD Form 214, as issued by the
  713  United States Department of Defense, or another acceptable form
  714  of identification as specified by the Department of Veterans’
  715  Affairs, and a copy of a valid marriage license or certificate
  716  verifying that he or she was lawfully married to the veteran at
  717  the time of discharge; or a business entity must provide to the
  718  department proof that a veteran or the spouse of a veteran holds
  719  a majority ownership in the business, a copy of the veteran’s DD
  720  Form 214, as issued by the United States Department of Defense,
  721  or another acceptable form of identification as specified by the
  722  Department of Veterans’ Affairs, and, if applicable, a copy of a
  723  valid marriage license or certificate verifying that the spouse
  724  of the veteran was lawfully married to the veteran at the time
  725  of discharge.
  726         (4) Any licensee submitting a material change in their
  727  information for licensing, before the date for renewal, must
  728  submit such change to the department in the manner prescribed by
  729  the department, along with a fee in the amount of $10 Any person
  730  applying for a liquefied petroleum gas license as a specialty
  731  installer, as defined by s. 527.01(11), shall upon application
  732  to the department identify the specific area of work to be
  733  performed. Upon completion of all license requirements set forth
  734  in this chapter, the department shall issue the applicant a
  735  license specifying the scope of work, as identified by the
  736  applicant and defined by rule of the department, for which the
  737  person is authorized.
  738         (5)The license fee for a pipeline system operator shall be
  739  $100 per system owned or operated by the person, not to exceed
  740  $400 per license year. Such license fee applies only to a
  741  pipeline system operator who owns or operates a liquefied
  742  petroleum gas pipeline system that is used to transmit liquefied
  743  petroleum gas from a common source to the ultimate customer and
  744  that serves 10 or more customers.
  745         (5)(6) The department shall adopt promulgate rules
  746  specifying acts deemed by the department to demonstrate a lack
  747  of trustworthiness to engage in activities requiring a license
  748  or qualifier identification card under this section.
  749         (7)Any license issued by the department may be transferred
  750  to any person, firm, or corporation for the remainder of the
  751  current license year upon written request to the department by
  752  the original licenseholder. Prior to approval of any transfer,
  753  all licensing requirements of this chapter must be met by the
  754  transferee. A license transfer fee of $50 shall be charged for
  755  each such transfer.
  756         Section 20. Section 527.0201, Florida Statutes, is amended
  757  to read:
  758         527.0201 Qualifiers; master qualifiers; examinations.—
  759         (1) In addition to the requirements of s. 527.02, any
  760  person applying for a license to engage in category I, category
  761  II, or category V the activities of a pipeline system operator,
  762  category I liquefied petroleum gas dealer, category II liquefied
  763  petroleum gas dispenser, category IV liquefied petroleum gas
  764  dispenser and recreational vehicle servicer, category V
  765  liquefied petroleum gases dealer for industrial uses only, LP
  766  gas installer, specialty installer, requalifier of cylinders, or
  767  fabricator, repairer, and tester of vehicles and cargo tanks
  768  must prove competency by passing a written examination
  769  administered by the department or its agent with a grade of 70
  770  75 percent or above in each area tested. Each applicant for
  771  examination shall submit a $20 nonrefundable fee. The department
  772  shall by rule specify the general areas of competency to be
  773  covered by each examination and the relative weight to be
  774  assigned in grading each area tested.
  775         (2) Application for examination for competency may be made
  776  by an individual or by an owner, a partner, or any person
  777  employed by the license applicant. Upon successful completion of
  778  the competency examination, the department shall register issue
  779  a qualifier identification card to the examinee.
  780         (a) Qualifier registration automatically expires if
  781  identification cards, except those issued to category I
  782  liquefied petroleum gas dealers and liquefied petroleum gas
  783  installers, shall remain in effect as long as the individual
  784  shows to the department proof of active employment in the area
  785  of examination and all continuing education requirements are
  786  met. Should the individual terminates terminate active
  787  employment in the area of examination for a period exceeding 24
  788  months, or fails fail to provide documentation of continuing
  789  education, the individual’s qualifier status shall automatically
  790  expire. If the qualifier registration status has expired, the
  791  individual must apply for and successfully complete an
  792  examination by the department in order to reestablish qualifier
  793  status.
  794         (b) Every business organization in license category I,
  795  category II, or category V shall employ at all times a full-time
  796  qualifier who has successfully completed an examination in the
  797  corresponding category of the license held by the business
  798  organization. A person may not act as a qualifier for more than
  799  one licensed location.
  800         (3) Qualifier registration expires cards issued to category
  801  I liquefied petroleum gas dealers and liquefied petroleum gas
  802  installers shall expire 3 years after the date of issuance. All
  803  category I liquefied petroleum gas dealer qualifiers and
  804  liquefied petroleum gas installer qualifiers holding a valid
  805  qualifier card upon the effective date of this act shall retain
  806  their qualifier status until July 1, 2003, and may sit for the
  807  master qualifier examination at any time during that time
  808  period. All such category I liquefied petroleum gas dealer
  809  qualifiers and liquefied petroleum gas installer qualifiers may
  810  renew their qualification on or before July 1, 2003, upon
  811  application to the department, payment of a $20 renewal fee, and
  812  documentation of the completion of a minimum of 16 hours of
  813  approved continuing education courses, as defined by department
  814  rule, during the previous 3-year period. Applications for
  815  renewal must be made 30 calendar days before expiration. Persons
  816  failing to renew before the expiration date must reapply and
  817  take a qualifier competency examination in order to reestablish
  818  category I liquefied petroleum gas dealer qualifier and
  819  liquefied petroleum gas installer qualifier status. If a
  820  category I liquefied petroleum gas qualifier or liquefied
  821  petroleum gas installer qualifier becomes a master qualifier at
  822  any time during the effective date of the qualifier card, the
  823  card shall remain in effect until expiration of the master
  824  qualifier certification.
  825         (4) A qualifier for a business organization involved in
  826  installation, repair, maintenance, or service of liquefied
  827  petroleum gas appliances, equipment, or systems must actually
  828  function in a supervisory capacity of other company employees
  829  performing licensed activities installing, repairing,
  830  maintaining, or servicing liquefied petroleum gas appliances,
  831  equipment, or systems. A separate qualifier shall be required
  832  for every 10 such employees. Additional qualifiers are required
  833  for those business organizations employing more than 10
  834  employees that install, repair, maintain, or service liquefied
  835  petroleum gas equipment and systems.
  836         (5) In addition to all other licensing requirements, each
  837  category I and category V licensee liquefied petroleum gas
  838  dealer and liquefied petroleum gas installer must, at the time
  839  of application for licensure, identify to the department one
  840  master qualifier who is a full-time employee at the licensed
  841  location. This person shall be a manager, owner, or otherwise
  842  primarily responsible for overseeing the operations of the
  843  licensed location and must provide documentation to the
  844  department as provided by rule. The master qualifier requirement
  845  shall be in addition to the requirements of subsection (1).
  846         (a) In order to apply for certification as a master
  847  qualifier, each applicant must have been a registered be a
  848  category I liquefied petroleum gas dealer qualifier or liquefied
  849  petroleum gas installer qualifier for a minimum of 3 years
  850  immediately preceding submission of the application, must be
  851  employed by a licensed category I or category V licensee
  852  liquefied petroleum gas dealer, liquefied petroleum gas
  853  installer, or applicant for such license, must provide
  854  documentation of a minimum of 1 year’s work experience in the
  855  gas industry, and must pass a master qualifier competency
  856  examination. Master qualifier examinations shall be based on
  857  Florida’s laws, rules, and adopted codes governing liquefied
  858  petroleum gas safety, general industry safety standards, and
  859  administrative procedures. The applicant must successfully pass
  860  the examination with a grade of 70 75 percent or above. Each
  861  applicant for master qualifier registration status must submit
  862  to the department a nonrefundable $30 examination fee before the
  863  examination.
  864         (b) Upon successful completion of the master qualifier
  865  examination, the department shall issue the examinee a
  866  certificate of master qualifier registration status which shall
  867  include the name of the licensed company for which the master
  868  qualifier is employed. A master qualifier may transfer from one
  869  licenseholder to another upon becoming employed by the company
  870  and providing a written request to the department.
  871         (c) A master qualifier registration expires status shall
  872  expire 3 years after the date of issuance of the certificate and
  873  may be renewed by submission to the department of documentation
  874  of completion of at least 16 hours of approved continuing
  875  education courses during the 3-year period; proof of employment
  876  with a licensed category I liquefied petroleum gas dealer,
  877  liquefied petroleum gas installer, or applicant; and a $30
  878  certificate renewal fee. The department shall define, by rule,
  879  approved courses of continuing education.
  880         (d)Each category I liquefied petroleum gas dealer or
  881  liquefied petroleum gas installer licensed as of August 31,
  882  2000, shall identify to the department one current category I
  883  liquefied petroleum gas dealer qualifier or liquefied petroleum
  884  gas installer qualifier who will be the designated master
  885  qualifier for the licenseholder. Such individual must provide
  886  proof of employment for 3 years or more within the liquefied
  887  petroleum gas industry, and shall, upon approval of the
  888  department, be granted a master qualifier certificate. All other
  889  requirements with regard to master qualifier certificate
  890  expiration, renewal, and continuing education shall apply.
  891         (6) A vacancy in a qualifier or master qualifier position
  892  in a business organization which results from the departure of
  893  the qualifier or master qualifier shall be immediately reported
  894  to the department by the departing qualifier or master qualifier
  895  and the licensed company.
  896         (a) If a business organization no longer possesses a duly
  897  designated qualifier, as required by this section, its liquefied
  898  petroleum gas licenses shall be suspended by order of the
  899  department after 20 working days. The license shall remain
  900  suspended until a competent qualifier has been employed, the
  901  order of suspension terminated by the department, and the
  902  license reinstated. A vacancy in the qualifier position for a
  903  period of more than 20 working days shall be deemed to
  904  constitute an immediate threat to the public health, safety, and
  905  welfare. Failure to obtain a replacement qualifier within 60
  906  days after the vacancy occurs shall be grounds for revocation of
  907  licensure or eligibility for licensure.
  908         (b) Any category I or category V licensee liquefied
  909  petroleum gas dealer or LP gas installer who no longer possesses
  910  a master qualifier but currently employs a category I liquefied
  911  petroleum gas dealer or LP gas installer qualifier as required
  912  by this section, has shall have 60 days within which to replace
  913  the master qualifier. If the company fails to replace the master
  914  qualifier within the 60-day time period, the license of the
  915  company shall be suspended by order of the department. The
  916  license shall remain suspended until a competent master
  917  qualifier has been employed, the order of suspension has been
  918  terminated by the department, and the license reinstated.
  919  Failure to obtain a replacement master qualifier within 90 days
  920  after the vacancy occurs shall be grounds for revocation of
  921  licensure or eligibility for licensure.
  922         (7) The department may deny, refuse to renew, suspend, or
  923  revoke any qualifier card or master qualifier registration
  924  certificate for any of the following causes:
  925         (a) Violation of any provision of this chapter or any rule
  926  or order of the department;
  927         (b) Falsification of records relating to the qualifier card
  928  or master qualifier registration certificate; or
  929         (c) Failure to meet any of the renewal requirements.
  930         (8) Any individual having competency qualifications on file
  931  with the department may request the transfer of such
  932  qualifications to any existing licenseholder by making a written
  933  request to the department for such transfer. Any individual
  934  having a competency examination on file with the department may
  935  use such examination for a new license application after making
  936  application in writing to the department. All examinations are
  937  confidential and exempt from the provisions of s. 119.07(1).
  938         (9) If a duplicate license, qualifier card, or master
  939  qualifier registration certificate is requested by the licensee,
  940  a fee of $10 must be received before issuance of the duplicate
  941  license or certificate card. If a facsimile transmission of an
  942  original license is requested, upon completion of the
  943  transmission a fee of $10 must be received by the department
  944  before the original license may be mailed to the requester.
  945         (10) All revenues collected herein shall be deposited in
  946  the General Inspection Trust Fund for the purpose of
  947  administering the provisions of this chapter.
  948         Section 21. Section 527.021, Florida Statutes, is amended
  949  to read:
  950         527.021 Registration of transport vehicles.—
  951         (1) Each liquefied petroleum gas bulk delivery vehicle
  952  owned or leased by a liquefied petroleum gas licensee must be
  953  registered with the department as part of the licensing
  954  application or when placed into service annually.
  955         (2) For the purposes of this section, a “liquefied
  956  petroleum gas bulk delivery vehicle” means any vehicle that is
  957  used to transport liquefied petroleum gas on any public street
  958  or highway as liquid cargo in a cargo tank, which tank is
  959  mounted on a conventional truck chassis or is an integral part
  960  of a transporting vehicle in which the tank constitutes, in
  961  whole or in part, the stress member used as a frame and is a
  962  permanent part of the transporting vehicle.
  963         (3) Vehicle registrations shall be submitted by the vehicle
  964  owner or lessee in conjunction with the annual renewal of his or
  965  her liquefied petroleum gas license, but no later than August 31
  966  of each year. A dealer who fails to register a vehicle with the
  967  department does not submit the required vehicle registration by
  968  August 31 of each year is subject to the penalties in s. 527.13.
  969         (4) The department shall issue a decal to be placed on each
  970  vehicle that is inspected by the department and found to be in
  971  compliance with applicable codes.
  972         Section 22. Section 527.03, Florida Statutes, is amended to
  973  read:
  974         527.03 Annual Renewal of license.—All licenses required
  975  under this chapter shall be renewed annually, biennially, or
  976  triennially, as elected by the licensee, subject to the license
  977  fees prescribed in s. 527.02. All renewals must meet the same
  978  requirements and conditions as an annual license for each
  979  licensed year All licenses, except Category III Liquefied
  980  Petroleum Gas Cylinder Exchange Unit Operator licenses and
  981  Dealer in Appliances and Equipment for Use of Liquefied
  982  Petroleum Gas licenses, shall be renewed for the period
  983  beginning September 1 and shall expire on the following August
  984  31 unless sooner suspended, revoked, or otherwise terminated.
  985  Category III Liquefied Petroleum Gas Cylinder Exchange Unit
  986  Operator licenses and Dealer in Appliances and Equipment for Use
  987  of Liquefied Petroleum Gas licenses shall be renewed for the
  988  period beginning April 1 and shall expire on the following March
  989  31 unless sooner suspended, revoked, or otherwise terminated.
  990  Any license allowed to expire will shall become inoperative
  991  because of failure to renew. The fee for restoration of a
  992  license is equal to the original license fee and must be paid
  993  before the licensee may resume operations.
  994         Section 23. Section 527.04, Florida Statutes, is amended to
  995  read:
  996         527.04 Proof of insurance required.—
  997         (1) Before any license is issued, except to a category IV
  998  dealer in appliances and equipment for use of liquefied
  999  petroleum gas or a category III liquefied petroleum gas cylinder
 1000  exchange operator, the applicant must deliver to the department
 1001  satisfactory evidence that the applicant is covered by a primary
 1002  policy of bodily injury liability and property damage liability
 1003  insurance that covers the products and operations with respect
 1004  to such business and is issued by an insurer authorized to do
 1005  business in this state for an amount not less than $1 million
 1006  and that the premium on such insurance is paid. An insurance
 1007  certificate, affidavit, or other satisfactory evidence of
 1008  acceptable insurance coverage shall be accepted as proof of
 1009  insurance. In lieu of an insurance policy, the applicant may
 1010  deliver a good and sufficient bond in the amount of $1 million,
 1011  payable to the Commissioner of Agriculture Governor of Florida,
 1012  with the applicant as principal and a surety company authorized
 1013  to do business in this state as surety. The bond must be
 1014  conditioned upon the applicant’s compliance with this chapter
 1015  and the rules of the department with respect to the conduct of
 1016  such business and shall indemnify and hold harmless all persons
 1017  from loss or damage by reason of the applicant’s failure to
 1018  comply. However, the aggregated liability of the surety may not
 1019  exceed $1 million. If the insurance policy is canceled or
 1020  otherwise terminated or the bond becomes insufficient, the
 1021  department may require new proof of insurance or a new bond to
 1022  be filed, and if the licenseholder fails to comply, the
 1023  department shall cancel the license issued and give the
 1024  licenseholder written notice that it is unlawful to engage in
 1025  business without a license. A new bond is not required as long
 1026  as the original bond remains sufficient and in force. If the
 1027  licenseholder’s insurance coverage as required by this
 1028  subsection is canceled or otherwise terminated, the insurer must
 1029  notify the department within 30 days after the cancellation or
 1030  termination.
 1031         (2) Before any license is issued to a category class III
 1032  liquefied petroleum gas cylinder exchange operator, the
 1033  applicant must deliver to the department satisfactory evidence
 1034  that the applicant is covered by a primary policy of bodily
 1035  injury liability and property damage liability insurance that
 1036  covers the products and operations with respect to the business
 1037  and is issued by an insurer authorized to do business in this
 1038  state for an amount not less than $300,000 and that the premium
 1039  on the insurance is paid. An insurance certificate, affidavit,
 1040  or other satisfactory evidence of acceptable insurance coverage
 1041  shall be accepted as proof of insurance. In lieu of an insurance
 1042  policy, the applicant may deliver a good and sufficient bond in
 1043  the amount of $300,000, payable to the Commissioner of
 1044  Agriculture Governor, with the applicant as principal and a
 1045  surety company authorized to do business in this state as
 1046  surety. The bond must be conditioned upon the applicant’s
 1047  compliance with this chapter and the rules of the department
 1048  with respect to the conduct of such business and must indemnify
 1049  and hold harmless all persons from loss or damage by reason of
 1050  the applicant’s failure to comply. However, the aggregated
 1051  liability of the surety may not exceed $300,000. If the
 1052  insurance policy is canceled or otherwise terminated or the bond
 1053  becomes insufficient, the department may require new proof of
 1054  insurance or a new bond to be filed, and if the licenseholder
 1055  fails to comply, the department shall cancel the license issued
 1056  and give the licenseholder written notice that it is unlawful to
 1057  engage in business without a license. A new bond is not required
 1058  as long as the original bond remains sufficient and in force. If
 1059  the licenseholder’s insurance coverage required by this
 1060  subsection is canceled or otherwise terminated, the insurer must
 1061  notify the department within 30 days after the cancellation or
 1062  termination.
 1063         (3) Any person having a cause of action on the bond may
 1064  bring suit against the principal and surety, and a copy of such
 1065  bond duly certified by the department shall be received in
 1066  evidence in the courts of this state without further proof. The
 1067  department shall furnish a certified copy of the such bond upon
 1068  payment to it of its lawful fee for making and certifying such
 1069  copy.
 1070         Section 24. Section 527.0605, Florida Statutes, is amended
 1071  to read:
 1072         527.0605 Liquefied petroleum gas bulk storage locations;
 1073  jurisdiction.—
 1074         (1) The provisions of this chapter shall apply to liquefied
 1075  petroleum gas bulk storage locations when:
 1076         (a) A single container in the bulk storage location has a
 1077  capacity of 2,000 gallons or more;
 1078         (b) The aggregate container capacity of the bulk storage
 1079  location is 4,000 gallons or more; or
 1080         (c) A container or containers are installed for the purpose
 1081  of serving the public the liquid product.
 1082         (2)Prior to the installation of any bulk storage
 1083  container, the licensee must submit to the department a site
 1084  plan of the facility which shows the proposed location of the
 1085  container and must obtain written approval of such location from
 1086  the department.
 1087         (3)A fee of $200 shall be assessed for each site plan
 1088  reviewed by the division. The review shall include
 1089  preconstruction inspection of the proposed site, plan review,
 1090  and final inspection of the completed facility.
 1091         (2)(4) No newly installed container may be placed in
 1092  operation until it has been inspected and approved by the
 1093  department.
 1094         Section 25. Subsection (1) of section 527.065, Florida
 1095  Statutes, is amended to read:
 1096         527.065 Notification of accidents; leak calls.—
 1097         (1) Immediately upon discovery, all liquefied petroleum gas
 1098  licensees shall notify the department of any liquefied petroleum
 1099  gas-related accident involving a liquefied petroleum gas
 1100  licensee or customer account:
 1101         (a) Which caused a death or personal injury requiring
 1102  professional medical treatment;
 1103         (b) Where uncontrolled ignition of liquefied petroleum gas
 1104  resulted in death, personal injury, or property damage exceeding
 1105  $3,000 $1,000; or
 1106         (c) Which caused estimated damage to property exceeding
 1107  $3,000 $1,000.
 1108         Section 26. Subsection (3) is added to section 527.067,
 1109  Florida Statutes, to read:
 1110         527.067 Responsibilities of persons engaged in servicing
 1111  liquefied petroleum gas equipment and systems and consumers, end
 1112  users, or owners of liquefied petroleum gas equipment or
 1113  systems.—
 1114         (3)A category I liquefied petroleum gas dealer may not
 1115  render a consumer’s liquefied petroleum gas equipment or system
 1116  inoperable or discontinue service without providing written or
 1117  electronic notification to the consumer at least 5 business days
 1118  before rendering the liquefied petroleum gas equipment or system
 1119  inoperable or discontinuing service. This notification does not
 1120  apply in the event of a hazardous condition known to the
 1121  category I liquefied petroleum gas dealer.
 1122         Section 27. Section 527.10, Florida Statutes, is amended to
 1123  read:
 1124         527.10 Restriction on use of unsafe container or system.—No
 1125  liquefied petroleum gas shall be introduced into or removed from
 1126  any container or system in this state that has been identified
 1127  by the department or its duly authorized inspectors as not
 1128  complying with the rules pertaining to such container or system,
 1129  until such violations as specified have been satisfactorily
 1130  corrected and authorization for continued service or removal
 1131  granted by the department. A statement of violations of the
 1132  rules that render such a system unsafe for use shall be
 1133  furnished in writing by the department to the ultimate consumer
 1134  or dealer in liquefied petroleum gas.
 1135         Section 28. Subsections (3) and (17) of section 527.21,
 1136  Florida Statutes, are amended to read:
 1137         527.21 Definitions relating to Florida Propane Gas
 1138  Education, Safety, and Research Act.—As used in ss. 527.20
 1139  527.23, the term:
 1140         (3) “Dealer” means a business engaged primarily in selling
 1141  propane gas and its appliances and equipment to the ultimate
 1142  consumer or to retail propane gas dispensers.
 1143         (17) “Wholesaler” or “reseller” means a seller of propane
 1144  gas who is not a producer and who does not sell propane gas to
 1145  the ultimate consumer.
 1146         Section 29. Paragraph (a) of subsection (2) of section
 1147  527.22, Florida Statutes, is amended to read:
 1148         527.22 Florida Propane Gas Education, Safety, and Research
 1149  Council established; membership; duties and responsibilities.—
 1150         (2)(a) Within 90 days after the effective date of this act,
 1151  the commissioner shall make a call to qualified industry
 1152  organizations for nominees to the council. The commissioner
 1153  shall appoint members of the council from a list of nominees
 1154  submitted by qualified industry organizations. The commissioner
 1155  may require such reports or documentation as is necessary to
 1156  document the nomination process for members of the council.
 1157  Qualified industry organizations, in making nominations, and the
 1158  commissioner, in making appointments, shall give due regard to
 1159  selecting a council that is representative of the industry and
 1160  the geographic regions of the state. Other than the public
 1161  member, council members must be full-time employees or owners of
 1162  propane gas producers or dealers doing business in this state.
 1163         Section 30. Section 531.67, Florida Statutes, is amended to
 1164  read:
 1165         531.67 Expiration of sections.—Sections 531.60, 531.61,
 1166  531.62, 531.63, 531.64, 531.65, and 531.66 shall expire July 1,
 1167  2025 2020.
 1168         Section 31. Section 534.47, Florida Statutes, is amended to
 1169  read:
 1170         534.47 Definitions.—As used in ss. 534.48-534.54, the term
 1171  ss. 534.48-534.53:
 1172         (1)“Dealer” means a person, not a market agency, engaged
 1173  in the business of buying or selling in commerce livestock
 1174  either on his or her own account or as the employee or agent of
 1175  a vendor or purchaser.
 1176         (2)(1) “Department” means the Department of Agriculture and
 1177  Consumer Services.
 1178         (3)“Livestock” has the same meaning as in s. 585.01(13).
 1179         (4)(2) “Livestock market” means any location in the state
 1180  where livestock is assembled and sold at public auction or on a
 1181  commission basis during regularly scheduled or special sales.
 1182  The term “livestock market” does shall not include private farms
 1183  or ranches or sales made at livestock shows, fairs, exhibitions,
 1184  or special breed association sales.
 1185         (5)“Packer” means a person engaged in the business of
 1186  buying livestock in commerce for purposes of slaughter, or of
 1187  manufacturing or preparing meats or meat food products for sale
 1188  or shipment in commerce, or of marketing meats, meat food
 1189  products, or livestock products in an unmanufactured form acting
 1190  as a wholesaler broker, dealer, or distributor in commerce.
 1191         (6)“Purchaser” means a person, partnership, firm,
 1192  corporation, or other organization owning, managing, producing,
 1193  or dealing in livestock, including, but not limited to, a packer
 1194  or dealer, that buys livestock for breeding, feeding, reselling,
 1195  slaughter, or other purpose.
 1196         (7)“Registered and approved livestock market” means a
 1197  livestock market fully registered, bonded, and approved as a
 1198  market agency pursuant to the Stockyards Act and governing
 1199  regulations of the United States Department of Agriculture Grain
 1200  Inspection, Packers and Stockyards Administration.
 1201         (8)“Seller” means a person, partnership, firm,
 1202  corporation, or other organization owning, managing, producing,
 1203  financing, or dealing in livestock, including, but not limited
 1204  to, a registered and approved livestock market as consignee or a
 1205  dealer, that sells livestock for breeding, feeding, reselling,
 1206  slaughter, or other purpose.
 1207         (9)“Stockyards Act” means the Packers and Stockyards Act
 1208  of 1921, 7 U.S.C. ss. 181–229 and the regulations promulgated
 1209  pursuant to that act under 9 C.F.R. part 201.
 1210         (3)“Buyer” means the party to whom title of livestock
 1211  passes or who is responsible for the purchase price of
 1212  livestock, including, but not limited to, producers, dealers,
 1213  meat packers, or order buyers.
 1214         Section 32. Section 534.49, Florida Statutes, is amended to
 1215  read:
 1216         534.49 Livestock drafts; effect.—For the purposes of this
 1217  section, a livestock draft given as payment at a livestock
 1218  auction market for a livestock purchase shall not be deemed an
 1219  express extension of credit to the purchaser buyer and shall not
 1220  defeat the creation of a lien on such an animal and its carcass,
 1221  and all products therefrom, and all proceeds thereof, to secure
 1222  all or a part of its sales price, as provided in s. 534.54(3) s.
 1223  534.54(4).
 1224         Section 33. Section 534.50, Florida Statutes, is repealed.
 1225         Section 34. Section 534.501, Florida Statutes, is amended
 1226  to read:
 1227         534.501 Livestock draft; Unlawful to delay or failure in
 1228  payment.—It is shall be unlawful for the purchaser of livestock
 1229  to delay or fail in rendering payment for livestock to a seller
 1230  of cattle as provided in s. 534.54. A person who violates this
 1231  section commits an unfair or deceptive act or practice as
 1232  specified in s. 501.204 payment of the livestock draft upon
 1233  presentation of said draft at the payor’s bank. Nothing
 1234  contained in this section shall be construed to preclude a
 1235  payor’s right to refuse payment of an unauthorized draft.
 1236         Section 35. Section 534.51, Florida Statutes, is repealed.
 1237         Section 36. Section 534.54, Florida Statutes, is amended to
 1238  read:
 1239         534.54 Cattle or hog processors; prompt payment; penalty;
 1240  lien.—
 1241         (1)As used in this section:
 1242         (a)“Livestock” means cattle or hogs.
 1243         (b)“Meat processor” means a person, corporation,
 1244  association, or other legal entity engaged in the business of
 1245  slaughtering cattle or hogs.
 1246         (1)(2)(a) A purchaser that meat processor who purchases
 1247  livestock from a seller, or any person, corporation,
 1248  association, or other legal entity who purchases livestock from
 1249  a seller for slaughter, shall make payment by cash or check for
 1250  the purchase price of the livestock and actually deliver the
 1251  cash or check to the seller or her or his representative at the
 1252  location where the purchaser takes physical possession of the
 1253  livestock on the day the transfer of possession occurs or by
 1254  shall wire transfer of funds on the business day within which
 1255  the possession of the said livestock is transferred. However, if
 1256  the transfer of possession is accomplished after normal banking
 1257  hours, said payment shall be made in the manner herein provided
 1258  in this subsection no not later than the close of the first
 1259  business day following the said transfer of possession. In the
 1260  case of grade and yield selling, the purchaser shall make
 1261  payment by wire transfer of funds or by personal or cashier’s
 1262  check by registered mail postmarked no not later than the close
 1263  of the first business day following determination of grade and
 1264  yield.
 1265         (b) All instruments issued in payment as required by this
 1266  section hereunder shall be drawn on banking institutions which
 1267  are so located as not artificially to delay collection of funds
 1268  through the mail or otherwise cause an undue lapse of time in
 1269  the clearance process.
 1270         (2)(3)In all cases in which A purchaser of who purchases
 1271  livestock that for slaughter from a seller fails to comply with
 1272  subsection (1) make payment for the livestock as required by
 1273  this section or artificially delays collection of funds for the
 1274  payment of the livestock, the purchaser shall be liable to pay
 1275  the seller owner of the livestock, in addition to the price of
 1276  the livestock:
 1277         (a) Twelve percent damages on the amount of the price.
 1278         (b) Interest on the purchase price of the livestock at the
 1279  highest legal rate from and after the transfer of possession
 1280  until payment is made as required by this section.
 1281         (c) A Reasonable attorney fees, court costs, and expenses
 1282  attorney’s fee for the prosecution of collection of the payment.
 1283         (3)(4)(a) A seller that Any person, partnership, firm,
 1284  corporation, or other organization which sells livestock to a
 1285  purchaser shall have a lien on such animal and its carcass, all
 1286  products therefrom, and all proceeds thereof to secure all or a
 1287  part of its sales price.
 1288         (b) The lien provided in this subsection shall be deemed to
 1289  have attached and to be perfected upon delivery of the livestock
 1290  to the purchaser without further action, and such lien shall
 1291  continue in the livestock and its carcass, all products
 1292  therefrom, and all proceeds thereof without regard to possession
 1293  thereof by the party entitled to such lien without further
 1294  perfection.
 1295         (c) If the livestock or its carcass or products therefrom
 1296  are so commingled with other livestock, carcasses, or products
 1297  so that the identity thereof is lost, then the lien granted in
 1298  this subsection shall extend to the same effect as if same had
 1299  been perfected originally in all such animals, carcasses, and
 1300  products with which it has become commingled. However, all liens
 1301  so extended under this paragraph to such commingled livestock,
 1302  carcasses, and products shall be on a parity with one another,
 1303  and, with respect to such commingled carcasses or products upon
 1304  which a lien or liens have been so extended under this
 1305  paragraph, no such lien shall be enforceable as against any
 1306  purchaser without actual knowledge thereof purchasing one or
 1307  more of such carcasses or products in the ordinary course of
 1308  trade or business from the party having commingled such
 1309  carcasses or products or against any subsequent transferee from
 1310  such purchaser, but in the event of such sale, such lien shall
 1311  instead extend to the proceeds of such sale.
 1312         Section 37. Subsection (46) is added to section 570.07,
 1313  Florida Statutes, to read:
 1314         570.07 Department of Agriculture and Consumer Services;
 1315  functions, powers, and duties.—The department shall have and
 1316  exercise the following functions, powers, and duties:
 1317         (46)During a state of emergency declared pursuant to s.
 1318  252.36, to waive fees by emergency order for duplicate copies or
 1319  renewal of permits, licenses, certifications, or other similar
 1320  types of authorizations during a period specified by the
 1321  commissioner.
 1322         Section 38. Section 573.111, Florida Statutes, is amended
 1323  to read:
 1324         573.111 Notice of effective date of marketing order.—Before
 1325  the issuance of any marketing order, or any suspension,
 1326  amendment, or termination thereof, a notice must shall be posted
 1327  on a public bulletin board to be maintained by the department in
 1328  the Division of Marketing and Development of the department in
 1329  the Nathan Mayo Building, Tallahassee, Leon County, and a copy
 1330  of the notice shall be posted on the department website the same
 1331  date that the notice is posted on the bulletin board. A No
 1332  marketing order, or any suspension, amendment, or termination
 1333  thereof, may not shall become effective until the termination of
 1334  a period of 5 days after from the date of posting and
 1335  publication.
 1336         Section 39. Section 578.011, Florida Statutes, is amended
 1337  to read:
 1338         578.011 Definitions; Florida Seed Law.—When used in this
 1339  chapter, the term:
 1340         (1) “Advertisement” means all representations, other than
 1341  those on the label, disseminated in any manner or by any means,
 1342  relating to seed within the scope of this law.
 1343         (2) “Agricultural seed” includes the seed of grass, forage,
 1344  cereal and fiber crops, and chufas and any other seed commonly
 1345  recognized within the state as agricultural seed, lawn seed, and
 1346  combinations of such seed, and may include identified noxious
 1347  weed seed when the department determines that such seed is being
 1348  used as agricultural seed or field seed and mixtures of such
 1349  seed.
 1350         (3)“Blend” means seed consisting of more than one variety
 1351  of one kind, each present in excess of 5 percent by weight of
 1352  the whole.
 1353         (4)“Buyer” means a person who purchases agricultural,
 1354  vegetable, flower, tree, or shrub seed in packaging of 1,000
 1355  seeds or more by count.
 1356         (5)“Brand” means a distinguishing word, name, symbol,
 1357  number, or design used to identify seed produced, packaged,
 1358  advertised, or offered for sale by a particular person.
 1359         (6)(3) “Breeder seed” means a class of certified seed
 1360  directly controlled by the originating or sponsoring plant
 1361  breeding institution or person, or designee thereof, and is the
 1362  source for the production of seed of the other classes of
 1363  certified seed that are released directly from the breeder or
 1364  experiment station that develops the seed. These seed are one
 1365  class above foundation seed.
 1366         (7)(4) “Certified seed,means a class of seed which is the
 1367  progeny of breeder, foundation, or registered seed “registered
 1368  seed,” and “foundation seed” mean seed that have been produced
 1369  and labeled in accordance with the procedures and in compliance
 1370  with the rules and regulations of any agency authorized by the
 1371  laws of this state or the laws of another state.
 1372         (8)“Certifying agency” means:
 1373         (a)An agency authorized under the laws of a state,
 1374  territory, or possession of the United States to officially
 1375  certify seed and which has standards and procedures approved by
 1376  the United States Secretary of Agriculture to assure the genetic
 1377  purity and identity of the seed certified; or
 1378         (b)An agency of a foreign country that the United States
 1379  Secretary of Agriculture has determined as adhering to
 1380  procedures and standards for seed certification comparable to
 1381  those adhered to generally by seed certifying agencies under
 1382  paragraph (a).
 1383         (9)“Coated seed” means seed that has been covered by a
 1384  layer of materials that obscures the original shape and size of
 1385  the seed and substantially increases the weight of the product.
 1386  The addition of biologicals, pesticides, identifying colorants
 1387  or dyes, or other active ingredients including polymers may be
 1388  included in this process.
 1389         (10)(5) “Date of test” means the month and year the
 1390  percentage of germination appearing on the label was obtained by
 1391  laboratory test.
 1392         (11)(6) “Dealer” means any person who sells or offers for
 1393  sale any agricultural, vegetable, flower, or forest tree, or
 1394  shrub seed for seeding purposes, and includes farmers who sell
 1395  cleaned, processed, packaged, and labeled seed.
 1396         (12)(7) “Department” means the Department of Agriculture
 1397  and Consumer Services or its authorized representative.
 1398         (13)(8) “Dormant seed” refers to viable seed, other than
 1399  hard seed, which neither germinate nor decay during the
 1400  prescribed test period and under the prescribed test conditions.
 1401         (14)(9) “Flower seed” includes seed of herbaceous plants
 1402  grown for blooms, ornamental foliage, or other ornamental parts,
 1403  and commonly known and sold under the name of flower or
 1404  wildflower seed in this state.
 1405         (10)“Forest tree seed” includes seed of woody plants
 1406  commonly known and sold as forest tree seed.
 1407         (15)“Foundation seed” means a class of certified seed
 1408  which is the progeny of breeder or other foundation seed and is
 1409  produced and handled under procedures established by the
 1410  certifying agency, in accordance with this part, for producing
 1411  foundation seed, for the purpose of maintaining genetic purity
 1412  and identity.
 1413         (16)(11) “Germination” means the emergence and development
 1414  from the seed embryo of those essential structures which, for
 1415  the kind of seed in question, are indicative of the ability to
 1416  produce a normal plant under favorable conditions percentage of
 1417  seed capable of producing normal seedlings under ordinarily
 1418  favorable conditions. Broken seedlings and weak, malformed and
 1419  obviously abnormal seedlings shall not be considered to have
 1420  germinated.
 1421         (17)(12) “Hard seed” means seeds that remain hard at the
 1422  end of a prescribed test period because they have not absorbed
 1423  water due to an impermeable seed coat the percentage of seed
 1424  which because of hardness or impermeability did not absorb
 1425  moisture or germinate under prescribed tests but remain hard
 1426  during the period prescribed for germination of the kind of seed
 1427  concerned.
 1428         (18)(13) “Hybrid” means the first generation seed of a
 1429  cross produced by controlling the pollination and by combining:
 1430         (a) Two or more inbred lines;
 1431         (b) One inbred or a single cross with an open-pollinated
 1432  variety; or
 1433         (c) Two varieties or species, except open-pollinated
 1434  varieties of corn (Zea mays).
 1435  
 1436  The second generation or subsequent generations from such
 1437  crosses may shall not be regarded as hybrids. Hybrid
 1438  designations shall be treated as variety names.
 1439         (19)(14) “Inert matter” means all matter that is not a full
 1440  seed includes broken seed when one-half in size or less; seed of
 1441  legumes or crucifers with the seed coats removed; undeveloped
 1442  and badly injured weed seed such as sterile dodder which, upon
 1443  visual examination, are clearly incapable of growth; empty
 1444  glumes of grasses; attached sterile glumes of grasses (which
 1445  must be removed from the fertile glumes except in Rhodes grass);
 1446  dirt, stone, chaff, nematode, fungus bodies, and any matter
 1447  other than seed.
 1448         (20)(15) “Kind” means one or more related species or
 1449  subspecies which singly or collectively is known by one common
 1450  name; e.g., corn, beans, lespedeza.
 1451         (21)“Label” means the display or displays of written or
 1452  printed material upon or attached to a container of seed.
 1453         (22)(16) “Labeling” includes all labels and other written,
 1454  printed, or graphic representations, in any form, accompanying
 1455  and pertaining to any seed, whether in bulk or in containers,
 1456  and includes invoices and other bills of shipment when sold in
 1457  bulk.
 1458         (23)(17) “Lot of seed” means a definite quantity of seed
 1459  identified by a lot number or other mark identification, every
 1460  portion or bag of which is uniform within recognized tolerances
 1461  for the factors that appear in the labeling, for the factors
 1462  which appear in the labeling, within permitted tolerances.
 1463         (24)(18)“Mix,” “mixed,” or “mixture” means seed consisting
 1464  of more than one kind or variety, each present in excess of 5
 1465  percent by weight of the whole.
 1466         (25)“Mulch” means a protective covering of any suitable
 1467  substance placed with seed which acts to retain sufficient
 1468  moisture to support seed germination and sustain early seedling
 1469  growth and aid in the prevention of the evaporation of soil
 1470  moisture, the control of weeds, and the prevention of erosion.
 1471         (26)“Noxious weed seed” means seed in one of two classes
 1472  of seed:
 1473         (a)“Prohibited noxious weed seed” means the seed of weeds
 1474  that are highly destructive and difficult to control by good
 1475  cultural practices and the use of herbicides.
 1476         (b)“Restricted noxious weed seed” means weed seeds that
 1477  are objectionable in agricultural crops, lawns, and gardens of
 1478  this state and which can be controlled by good agricultural
 1479  practices or the use of herbicides.
 1480         (27)(19) “Origin” means the state, District of Columbia,
 1481  Puerto Rico, or possession of the United States, or the foreign
 1482  country where the seed were grown, except for native species,
 1483  where the term means the county or collection zone and the state
 1484  where the seed were grown for forest tree seed, with respect to
 1485  which the term “origin” means the county or state forest service
 1486  seed collection zone and the state where the seed were grown.
 1487         (28)(20) “Other crop seed” includes all seed of plants
 1488  grown in this state as crops, other than the kind or kind and
 1489  variety included in the pure seed, when not more than 5 percent
 1490  of the whole of a single kind or variety is present, unless
 1491  designated as weed seed.
 1492         (29)“Packet seed” means seed prepared for use in home
 1493  gardens and household plantings packaged in labeled, sealed
 1494  containers of less than 8 ounces and typically sold from seed
 1495  racks or displays in retail establishments, via the Internet, or
 1496  through mail order.
 1497         (30)(21) “Processing” means conditioning, cleaning,
 1498  scarifying, or blending to obtain uniform quality and other
 1499  operations which would change the purity or germination of the
 1500  seed and, therefore, require retesting to determine the quality
 1501  of the seed.
 1502         (22)“Prohibited noxious weed seed” means the seed and
 1503  bulblets of perennial weeds such as not only reproduce by seed
 1504  or bulblets, but also spread by underground roots or stems and
 1505  which, when established, are highly destructive and difficult to
 1506  control in this state by ordinary good cultural practice.
 1507         (31)(23) “Pure seed” means the seed, exclusive of inert
 1508  matter, of the kind or kind and variety of seed declared on the
 1509  label or tag includes all seed of the kind or kind and variety
 1510  or strain under consideration, whether shriveled, cracked, or
 1511  otherwise injured, and pieces of broken seed larger than one
 1512  half the original size.
 1513         (32)(24) “Record” includes the symbol identifying the seed
 1514  as to origin, amount, processing, testing, labeling, and
 1515  distribution, file sample of the seed, and any other document or
 1516  instrument pertaining to the purchase, sale, or handling of
 1517  agricultural, vegetable, flower, or forest tree, or shrub seed.
 1518  Such information includes seed samples and records of
 1519  declarations, labels, purchases, sales, conditioning, bulking,
 1520  treatment, handling, storage, analyses, tests, and examinations.
 1521         (33)“Registered seed” means a class of certified seed
 1522  which is the progeny of breeder or foundation seed and is
 1523  produced and handled under procedures established by the
 1524  certifying agency, in accordance with this part, for the purpose
 1525  of maintaining genetic purity and identity.
 1526         (25)“Restricted noxious weed seed” means the seed of such
 1527  weeds as are very objectionable in fields, lawns, or gardens of
 1528  this state, but can be controlled by good cultural practice.
 1529  Seed of poisonous plants may be included.
 1530         (34)“Shrub seed” means seed of a woody plant that is
 1531  smaller than a tree and has several main stems arising at or
 1532  near the ground.
 1533         (35)(26) “Stop-sale” means any written or printed notice or
 1534  order issued by the department to the owner or custodian of any
 1535  lot of agricultural, vegetable, flower, or forest tree, or shrub
 1536  seed in the state, directing the owner or custodian not to sell
 1537  or offer for sale seed designated by the order within the state
 1538  until the requirements of this law are complied with and a
 1539  written release has been issued; except that the seed may be
 1540  released to be sold for feed.
 1541         (36)(27) “Treated” means that the seed has been given an
 1542  application of a material or subjected to a process designed to
 1543  control or repel disease organisms, insects, or other pests
 1544  attacking seed or seedlings grown therefrom to improve its
 1545  planting value or to serve any other purpose.
 1546         (37)“Tree seed” means seed of a woody perennial plant
 1547  typically having a single stem or trunk growing to a
 1548  considerable height and bearing lateral branches at some
 1549  distance from the ground.
 1550         (38)(28) “Type” means a group of varieties so nearly
 1551  similar that the individual varieties cannot be clearly
 1552  differentiated except under special conditions.
 1553         (39)(29) “Variety” means a subdivision of a kind which is
 1554  distinct in the sense that the variety can be differentiated by
 1555  one or more identifiable morphological, physiological, or other
 1556  characteristics from all other varieties of public knowledge;
 1557  uniform in the sense that the variations in essential and
 1558  distinctive characteristics are describable; and stable in the
 1559  sense that the variety will remain unchanged in its essential
 1560  and distinctive characteristics and its uniformity when
 1561  reproduced or reconstituted characterized by growth, plant
 1562  fruit, seed, or other characteristics by which it can be
 1563  differentiated from other sorts of the same kind; e.g.,
 1564  Whatley’s Prolific corn, Bountiful beans, Kobe lespedeza.
 1565         (40)(30) “Vegetable seed” means the seed of those crops
 1566  that which are grown in gardens or on truck farms, and are
 1567  generally known and sold under the name of vegetable seed or
 1568  herb seed in this state.
 1569         (41)(31) “Weed seed” includes the seed of all plants
 1570  generally recognized as weeds within this state, and includes
 1571  prohibited and restricted noxious weed seed, bulblets, and
 1572  tubers, and any other vegetative propagules.
 1573         Section 40. Section 578.012, Florida Statutes, is created
 1574  to read:
 1575         578.012Preemption.—
 1576         (1)It is the intent of the Legislature to eliminate
 1577  duplication of regulation of seed. As such, this chapter is
 1578  intended as comprehensive and exclusive and occupies the whole
 1579  field of regulation of seed.
 1580         (2)The authority to regulate seed or matters relating to
 1581  seed in this state is preempted to the state. A local government
 1582  or political subdivision of the state may not enact or enforce
 1583  an ordinance that regulates seed, including the power to assess
 1584  any penalties provided for violation of this chapter.
 1585         Section 41. Section 578.08, Florida Statutes, is amended to
 1586  read:
 1587         578.08 Registrations.—
 1588         (1) Every person, except as provided in subsection (4) and
 1589  s. 578.14, before selling, distributing for sale, offering for
 1590  sale, exposing for sale, handling for sale, or soliciting orders
 1591  for the purchase of any agricultural, vegetable, flower, or
 1592  forest tree, or shrub seed or mixture thereof, shall first
 1593  register with the department as a seed dealer. The application
 1594  for registration must include the name and location of each
 1595  place of business at which the seed is sold, distributed for
 1596  sale, offered for sale, exposed for sale, or handled for sale.
 1597  The application must for registration shall be filed with the
 1598  department by using a form prescribed by the department or by
 1599  using the department’s website and shall be accompanied by an
 1600  annual registration fee for each such place of business based on
 1601  the gross receipts from the sale of such seed for the last
 1602  preceding license year as follows:
 1603         (a)1. Receipts of less than $500, a fee of $10.
 1604         2. Receipts of $500 or more but less than $1,000, a fee of
 1605  $25.
 1606         3. Receipts of $1,000 or more but less than $2,500, a fee
 1607  of $100.
 1608         4. Receipts of $2,500 or more but less than $5,000, a fee
 1609  of $200.
 1610         5. Receipts of $5,000 or more but less than $10,000, a fee
 1611  of $350.
 1612         6. Receipts of $10,000 or more but less than $20,000, a fee
 1613  of $800.
 1614         7. Receipts of $20,000 or more but less than $40,000, a fee
 1615  of $1,000.
 1616         8. Receipts of $40,000 or more but less than $70,000, a fee
 1617  of $1,200.
 1618         9. Receipts of $70,000 or more but less than $150,000, a
 1619  fee of $1,600.
 1620         10. Receipts of $150,000 or more but less than $400,000, a
 1621  fee of $2,400.
 1622         11. Receipts of $400,000 or more, a fee of $4,600.
 1623         (b) For places of business not previously in operation, the
 1624  fee shall be based on anticipated receipts for the first license
 1625  year.
 1626         (2) A written receipt from the department of the
 1627  registration and payment of the fee shall constitute a
 1628  sufficient permit for the dealer to engage in or continue in the
 1629  business of selling, distributing for sale, offering or exposing
 1630  for sale, handling for sale, or soliciting orders for the
 1631  purchase of any agricultural, vegetable, flower, or forest tree,
 1632  or shrub seed within the state. However, the department has
 1633  shall have authority to suspend or revoke any permit for the
 1634  violation of any provision of this law or of any rule adopted
 1635  under authority hereof. The registration shall expire on June 30
 1636  of the next calendar year and shall be renewed on July 1 of each
 1637  year. If any person subject to the requirements of this section
 1638  fails to comply, the department may issue a stop-sale notice or
 1639  order which shall prohibit the person from selling or causing to
 1640  be sold any agricultural, vegetable, flower, or forest tree, or
 1641  shrub seed until the requirements of this section are met.
 1642         (3) Every person selling, distributing for sale, offering
 1643  for sale, exposing for sale, handling for sale, or soliciting
 1644  orders for the purchase of any agricultural, vegetable, flower,
 1645  or forest tree, or shrub seed in the state other than as
 1646  provided in subsection (4) s. 578.14, shall be subject to the
 1647  requirements of this section; except that agricultural
 1648  experiment stations of the State University System shall not be
 1649  subject to the requirements of this section.
 1650         (4) The provisions of This chapter does shall not apply to
 1651  farmers who sell only uncleaned, unprocessed, unpackaged, and
 1652  unlabeled seed, but shall apply to farmers who sell cleaned,
 1653  processed, packaged, and labeled seed in amounts in excess of
 1654  $10,000 in any one year.
 1655         (5)When packet seed is sold, offered for sale, or exposed
 1656  for sale, the company who packs seed for retail sale must
 1657  register and pay fees as provided under subsection (1).
 1658         Section 42. Section 578.09, Florida Statutes, is amended to
 1659  read:
 1660         578.09 Label requirements for agricultural, vegetable,
 1661  flower, tree, or shrub seeds.—Each container of agricultural,
 1662  vegetable, or flower, tree, or shrub seed which is sold, offered
 1663  for sale, exposed for sale, or distributed for sale within this
 1664  state for sowing or planting purposes must shall bear thereon or
 1665  have attached thereto, in a conspicuous place, a label or labels
 1666  containing all information required under this section, plainly
 1667  written or printed label or tag in the English language, in
 1668  Century type. All data pertaining to analysis must shall appear
 1669  on a single label. Language setting forth the requirements for
 1670  filing and serving complaints as described in s. 578.26(1)(c)
 1671  must s. 578.26(1)(b) shall be included on the analysis label or
 1672  be otherwise attached to the package, except for packages
 1673  containing less than 1,000 seeds by count.
 1674         (1) FOR TREATED SEED.— For all treated agricultural,
 1675  vegetable, or flower, tree, or shrub seed treated as defined in
 1676  this chapter:
 1677         (a) A word or statement indicating that the seed has been
 1678  treated or description of process used.
 1679         (b) The commonly accepted coined, chemical, or abbreviated
 1680  chemical (generic) name of the applied substance or description
 1681  of the process used and the words “poison treated” in red
 1682  letters, in not less than 1/4-inch type.
 1683         (c) If the substance in the amount present with the seed is
 1684  harmful to humans or other vertebrate animals, a caution
 1685  statement such as “Do not use for food, feed, or oil purposes.”
 1686  The caution for mercurials, Environmental Protection Agency
 1687  Toxicity Category 1 as referenced in 7 C.F.R. 201.31a(c)(2), and
 1688  similarly toxic substances shall be designated by a poison
 1689  statement or symbol.
 1690         (d)Rate of application or statement “Treated at
 1691  manufacturer’s recommended rate.”
 1692         (d)(e) If the seed is treated with an inoculant, the date
 1693  beyond which the inoculant is not to be considered effective
 1694  (date of expiration).
 1695  
 1696  A label separate from other labels required by this section or
 1697  other law may be used to identify seed treatments as required by
 1698  this subsection.
 1699         (2) For agricultural seed, including lawn and turf grass
 1700  seed and mixtures thereof: AGRICULTURAL SEED.—
 1701         (a) Commonly accepted The name of the kind and variety of
 1702  each agricultural seed component present in excess of 5 percent
 1703  of the whole, and the percentage by weight of each in the order
 1704  of its predominance. Where more than one component is required
 1705  to be named, the word “mixed,” “mixture,” or “blend” must the
 1706  word “mixed” shall be shown conspicuously on the label. Hybrids
 1707  must be labeled as hybrids.
 1708         (b) Lot number or other lot identification.
 1709         (c) Net weight or seed count.
 1710         (d) Origin, if known. If the origin is ; if unknown, that
 1711  fact must shall be stated.
 1712         (e) Percentage by weight of all weed seed.
 1713         (f) The Name and number of noxious weed seed per pound, if
 1714  present per pound of each kind of restricted noxious weed seed.
 1715         (g) Percentage by weight of agricultural seed which may be
 1716  designated as other crop seed, other than those required to be
 1717  named on the label.
 1718         (h) Percentage by weight of inert matter.
 1719         (i) For each named agricultural seed, including lawn and
 1720  turf grass seed:
 1721         1. Percentage of germination, exclusive of hard or dormant
 1722  seed;
 1723         2. Percentage of hard or dormant seed, if when present, if
 1724  desired; and
 1725         3. The calendar month and year the test was completed to
 1726  determine such percentages, provided that the germination test
 1727  must have been completed within the previous 9 months, exclusive
 1728  of the calendar month of test.
 1729         (j) Name and address of the person who labeled said seed or
 1730  who sells, distributes, offers, or exposes said seed for sale
 1731  within this state.
 1732  
 1733  The sum total of the percentages listed pursuant to paragraphs
 1734  (a),(e),(g), and (h) must be equal to 100 percent.
 1735         (3) For seed that is coated:
 1736         (a)Percentage by weight of pure seed with coating material
 1737  removed. The percentage of coating material may be included with
 1738  the inert matter percentage or may be listed separately.
 1739         (b)Percentage of germination. This percentage must be
 1740  determined based on an examination of 400 coated units with or
 1741  without seed.
 1742  
 1743  In addition to the requirements of this subsection, labeling of
 1744  coated seed must also comply with the requirements of any other
 1745  subsection pertaining to that type of seed. FOR VEGETABLE SEED
 1746  IN CONTAINERS OF 8 OUNCES OR MORE.—
 1747         (a)Name of kind and variety of seed.
 1748         (b)Net weight or seed count.
 1749         (c)Lot number or other lot identification.
 1750         (d)Percentage of germination.
 1751         (e)Calendar month and year the test was completed to
 1752  determine such percentages.
 1753         (f)Name and address of the person who labeled said seed or
 1754  who sells, distributes, offers or exposes said seed for sale
 1755  within this state.
 1756         (g)For seed which germinate less than the standard last
 1757  established by the department the words “below standard,” in not
 1758  less than 8-point type, must be printed or written in ink on the
 1759  face of the tag, in addition to the other information required.
 1760  Provided, that no seed marked “below standard” shall be sold
 1761  which falls more than 20 percent below the standard for such
 1762  seed which has been established by the department, as authorized
 1763  by this law.
 1764         (h)The name and number of restricted noxious weed seed per
 1765  pound.
 1766         (4) For combination mulch, seed, and fertilizer products:
 1767         (a)The word “combination” followed, as appropriate, by the
 1768  words “mulch - seed – fertilizer” must appear prominently on the
 1769  principal display panel of the package.
 1770         (b)If the product is an agricultural seed placed in a
 1771  germination medium, mat, tape, or other device or is mixed with
 1772  mulch or fertilizer, it must also be labeled with all of the
 1773  following:
 1774         1.Product name.
 1775         2.Lot number or other lot identification.
 1776         3.Percentage by weight of pure seed of each kind and
 1777  variety named which may be less than 5 percent of the whole.
 1778         4.Percentage by weight of other crop seed.
 1779         5.Percentage by weight of inert matter.
 1780         6.Percentage by weight of weed seed.
 1781         7.Name and number of noxious weed seeds per pound, if
 1782  present.
 1783         8.Percentage of germination, and hard or dormant seed if
 1784  appropriate, of each kind or kind and variety named. The
 1785  germination test must have been completed within the previous 12
 1786  months exclusive of the calendar month of test.
 1787         9.The calendar month and year the test was completed to
 1788  determine such percentages.
 1789         10.Name and address of the person who labeled the seed, or
 1790  who sells, offers, or exposes the seed for sale within the
 1791  state.
 1792  
 1793  The sum total of the percentages listed pursuant to
 1794  subparagraphs 3., 4., 5., and 6. must be equal to 100 percent.
 1795         (5)For vegetable seed in packets as prepared for use in
 1796  home gardens or household plantings or vegetable seeds in
 1797  preplanted containers, mats, tapes, or other planting devices:
 1798  FOR VEGETABLE SEED IN CONTAINERS OF LESS THAN 8 OUNCES.—
 1799         (a) Name of kind and variety of seed. Hybrids must be
 1800  labeled as hybrids.
 1801         (b)Lot number or other lot identification.
 1802         (c)Germination test date identified in the following
 1803  manner:
 1804         1. The calendar month and year the germination test was
 1805  completed and the statement “Sell by ...(month/year)...”, which
 1806  may be no more than 12 months from the date of test, beginning
 1807  with the month after the test date;
 1808         2.The month and year the germination test was completed,
 1809  provided that the germination test must have been completed
 1810  within the previous 12 months, exclusive of the calendar month
 1811  of test; or
 1812         3.The year for which the seed was packaged for sale as
 1813  “Packed for ...(year)...” and the statement “Sell by
 1814  ...(year)...” which shall be one year after the seed was
 1815  packaged for sale.
 1816         (d)(b) Name and address of the person who labeled the seed
 1817  or who sells, distributes, offers, or exposes said seed for sale
 1818  within this state.
 1819         (e)(c) For seed which germinate less than standard last
 1820  established by the department, the additional information must
 1821  be shown:
 1822         1. Percentage of germination, exclusive of hard or dormant
 1823  seed.
 1824         2. Percentage of hard or dormant seed when present, if
 1825  present desired.
 1826         3.Calendar month and year the test was completed to
 1827  determine such percentages.
 1828         3.4. The words “Below Standard” prominently displayed in
 1829  not less than 8-point type.
 1830  
 1831         (f)(d) No seed marked “below standard” may shall be sold
 1832  that falls which fall more than 20 percent below the established
 1833  standard for such seed. For seeds that do not have an
 1834  established standard, the minimum germination standard shall be
 1835  50 percent, and no such seed may be sold that is 20 percent
 1836  below this standard.
 1837         (g)For seed placed in a germination medium, mat, tape, or
 1838  other device in such a way as to make it difficult to determine
 1839  the quantity of seed without removing the seeds from the medium,
 1840  mat, tape or device, a statement to indicate the minimum number
 1841  of seeds in the container.
 1842         (6)For vegetable seed in containers, other than packets
 1843  prepared for use in home gardens or household plantings, and
 1844  other than preplanted containers, mats, tapes, or other planting
 1845  devices:
 1846         (a)The name of each kind and variety present of any seed
 1847  in excess of 5 percent of the total weight in the container, and
 1848  the percentage by weight of each type of seed in order of its
 1849  predominance. Hybrids must be labeled as hybrids.
 1850         (b)Net weight or seed count.
 1851         (c)Lot number or other lot identification.
 1852         (d)For each named vegetable seed:
 1853         1.Percentage germination, exclusive of hard or dormant
 1854  seed;
 1855         2.Percentage of hard or dormant seed, if present;
 1856         3.Listed below the requirements of subparagraphs 1. and
 1857  2., the “total germination and hard or dormant seed” may be
 1858  stated as such, if desired; and
 1859         4.The calendar month and year the test was completed to
 1860  determine the percentages specified in subparagraphs 1. and 2.,
 1861  provided that the germination test must have been completed
 1862  within 9 months, exclusive of the calendar month of test.
 1863         (e)Name and address of the person who labeled the seed, or
 1864  who sells, offers, or exposes the seed for sale within this
 1865  state.
 1866         (f)For seed which germinate less than the standard last
 1867  established by the department, the words “Below Standard”
 1868  prominently displayed.
 1869         1.No seed marked “Below Standard” may be sold if the seed
 1870  is more than 20 percent below the established standard for such
 1871  seed.
 1872         2.For seeds that do not have an established standard, the
 1873  minimum germination standard shall be 50 percent, and no such
 1874  seed may be sold that is 20 percent below this standard.
 1875         (7)(5)For flower seed in packets prepared for use in home
 1876  gardens or household plantings or flower seed in preplanted
 1877  containers, mats, tapes, or other planting devices: FOR FLOWER
 1878  SEED IN PACKETS PREPARED FOR USE IN HOME GARDENS OR HOUSEHOLD
 1879  PLANTINGS OR FLOWER SEED IN PREPLANTED CONTAINERS, MATS, TAPES,
 1880  OR OTHER PLANTING DEVICES.—
 1881         (a) For all kinds of flower seed:
 1882         1. The name of the kind and variety or a statement of type
 1883  and performance characteristics as prescribed in the rules and
 1884  regulations adopted promulgated under the provisions of this
 1885  chapter.
 1886         2.Germination test date, identified in the following
 1887  manner:
 1888         a.The calendar month and year the germination test was
 1889  completed and the statement “Sell by_ ...(month/year)...”. The
 1890  sell by date must be no more than 12 months from the date of
 1891  test, beginning with the month after the test date;
 1892         b.The year for which the seed was packed for sale as
 1893  “Packed for ...(year)...” and the statement “Sell by
 1894  ...(year)...” which shall be for a calendar year; or
 1895         c.The calendar month and year the test was completed,
 1896  provided that the germination test must have been completed
 1897  within the previous 12 months, exclusive of the calendar month
 1898  of test.
 1899         2.The calendar month and year the seed was tested or the
 1900  year for which the seed was packaged.
 1901         3. The name and address of the person who labeled said
 1902  seed, or who sells, offers, or exposes said seed for sale within
 1903  this state.
 1904         (b) For seed of those kinds for which standard testing
 1905  procedures are prescribed and which germinate less than the
 1906  germination standard last established under the provisions of
 1907  this chapter:
 1908         1. The percentage of germination exclusive of hard or
 1909  dormant seed.
 1910         2. Percentage of hard or dormant seed, if present.
 1911         3. The words “Below Standard” prominently displayed in not
 1912  less than 8-point type.
 1913         (c) For seed placed in a germination medium, mat, tape, or
 1914  other device in such a way as to make it difficult to determine
 1915  the quantity of seed without removing the seed from the medium,
 1916  mat, tape, or device, a statement to indicate the minimum number
 1917  of seed in the container.
 1918         (8)(6)For flower seed in containers other than packets and
 1919  other than preplanted containers, mats, tapes, or other planting
 1920  devices and not prepared for use in home flower gardens or
 1921  household plantings: FOR FLOWER SEED IN CONTAINERS OTHER THAN
 1922  PACKETS PREPARED FOR USE IN HOME FLOWER GARDENS OR HOUSEHOLD
 1923  PLANTINGS AND OTHER THAN PREPLANTED CONTAINERS, MATS, TAPES, OR
 1924  OTHER PLANTING DEVICES.—
 1925         (a) The name of the kind and variety, and for wildflowers,
 1926  the genus and species and subspecies, if appropriate or a
 1927  statement of type and performance characteristics as prescribed
 1928  in rules and regulations promulgated under the provisions of
 1929  this chapter.
 1930         (b)Net weight or seed count.
 1931         (c)(b)The Lot number or other lot identification.
 1932         (d)For flower seed with a pure seed percentage of less
 1933  than 90 percent:
 1934         1.Percentage, by weight, of each component listed in order
 1935  of its predominance.
 1936         2.Percentage by weight of weed seed, if present.
 1937         3.Percentage by weight of other crop seed.
 1938         4.Percentage by weight of inert matter.
 1939         (e)For those kinds of seed for which standard testing
 1940  procedures are prescribed:
 1941         1.Percentage germination exclusive of hard or dormant
 1942  seed.
 1943         2.Percentage of hard or dormant seed, if present.
 1944         3.(c) The calendar month and year that the test was
 1945  completed. The germination test must have been completed within
 1946  the previous 9 months, exclusive of the calendar month of test.
 1947         (f)For those kinds of seed for which standard testing
 1948  procedures are not available, the year of production or
 1949  collection seed were tested or the year for which the seed were
 1950  packaged.
 1951         (g)(d) The name and address of the person who labeled said
 1952  seed or who sells, offers, or exposes said seed for sale within
 1953  this state.
 1954         (e)For those kinds of seed for which standard testing
 1955  procedures are prescribed:
 1956         1.The percentage germination exclusive of hard seed.
 1957         2.The percentage of hard seed, if present.
 1958         (h)(f) For those seeds which germinate less than the
 1959  standard last established by the department, the words “Below
 1960  Standard” prominently displayed in not less than 8-point type
 1961  must be printed or written in ink on the face of the tag.
 1962         (9)For tree or shrub seed:
 1963         (a)Common name of the species of seed and, if appropriate,
 1964  subspecies.
 1965         (b)The scientific name of the genus, species, and, if
 1966  appropriate, subspecies.
 1967         (c)Lot number or other lot identification.
 1968         (d)Net weight or seed count.
 1969         (e)Origin, indicated in the following manner:
 1970         1.For seed collected from a predominantly indigenous
 1971  stand, the area of collection given by latitude and longitude or
 1972  geographic description, or political subdivision, such as state
 1973  or county.
 1974         2.For seed collected from other than a predominantly
 1975  indigenous stand, the area of collection and the origin of the
 1976  stand or the statement “Origin not Indigenous”.
 1977         3.The elevation or the upper and lower limits of
 1978  elevations within which the seed was collected.
 1979         (f)Purity as a percentage of pure seed by weight.
 1980         (g)For those species for which standard germination
 1981  testing procedures are prescribed by the department:
 1982         1.Percentage germination exclusive of hard or dormant
 1983  seed.
 1984         2.Percentage of hard or dormant seed, if present.
 1985         3.The calendar month and year test was completed, provided
 1986  that the germination test must have been completed within the
 1987  previous 12 months, exclusive of the calendar month of test.
 1988         (h)In lieu of subparagraphs (g)1., 2., and 3., the seed
 1989  may be labeled “Test is in progress; results will be supplied
 1990  upon request.”
 1991         (i)For those species for which standard germination
 1992  testing procedures have not been prescribed by the department,
 1993  the calendar year in which the seed was collected.
 1994         (j)The name and address of the person who labeled the seed
 1995  or who sells, offers, or exposes the seed for sale within this
 1996  state.
 1997         (7)DEPARTMENT TO PRESCRIBE UNIFORM ANALYSIS TAG.—The
 1998  department shall have the authority to prescribe a uniform
 1999  analysis tag required by this section.
 2000  
 2001  The information required by this section to be placed on labels
 2002  attached to seed containers may not be modified or denied in the
 2003  labeling or on another label attached to the container. However,
 2004  labeling of seed supplied under a contractual agreement may be
 2005  by invoice accompanying the shipment or by an analysis tag
 2006  attached to the invoice if each bag or other container is
 2007  clearly identified by a lot number displayed on the bag or other
 2008  container. Each bag or container that is not so identified must
 2009  carry complete labeling.
 2010         Section 43. Section 578.091, Florida Statutes, is repealed.
 2011         Section 44. Subsections (2) and (3) of section 578.10,
 2012  Florida Statutes, are amended to read:
 2013         578.10 Exemptions.—
 2014         (2) The provisions of ss. 578.09 and 578.13 do not apply
 2015  to:
 2016         (a) To Seed or grain not intended for sowing or planting
 2017  purposes.
 2018         (b) To Seed stored in storage in, consigned to, or being
 2019  transported to seed cleaning or processing establishments for
 2020  cleaning or processing only. Any labeling or other
 2021  representation which may be made with respect to the unclean
 2022  seed is shall be subject to this law.
 2023         (c)Seed under development or maintained exclusively for
 2024  research purposes.
 2025         (3) If seeds cannot be identified by examination thereof, a
 2026  person is not subject to the criminal penalties of this chapter
 2027  for having sold or offered for sale seeds subject to this
 2028  chapter which were incorrectly labeled or represented as to
 2029  kind, species, and, if appropriate, subspecies, variety, type,
 2030  or origin, elevation, and, if required, year of collection
 2031  unless he or she has failed to obtain an invoice, genuine
 2032  grower’s or tree seed collector’s declaration, or other labeling
 2033  information and to take such other precautions as may be
 2034  reasonable to ensure the identity of the seeds to be as stated
 2035  by the grower. A genuine grower’s declaration of variety must
 2036  affirm that the grower holds records of proof of identity
 2037  concerning parent seed, such as invoice and labels No person
 2038  shall be subject to the criminal penalties of this law for
 2039  having sold, offered, exposed, or distributed for sale in this
 2040  state any agricultural, vegetable, or forest tree seed which
 2041  were incorrectly labeled or represented as to kind and variety
 2042  or origin, which seed cannot be identified by examination
 2043  thereof, unless she or he has failed to obtain an invoice or
 2044  grower’s declaration giving kind and variety and origin.
 2045         Section 45. Section 578.11, Florida Statutes, is amended to
 2046  read:
 2047         578.11 Duties, authority, and rules of the department.—
 2048         (1) The duty of administering this law and enforcing its
 2049  provisions and requirements shall be vested in the Department of
 2050  Agriculture and Consumer Services, which is hereby authorized to
 2051  employ such agents and persons as in its judgment shall be
 2052  necessary therefor. It shall be the duty of the department,
 2053  which may act through its authorized agents, to sample, inspect,
 2054  make analyses of, and test agricultural, vegetable, flower, or
 2055  forest tree, or shrub seed transported, sold, offered or exposed
 2056  for sale, or distributed within this state for sowing or
 2057  planting purposes, at such time and place and to such extent as
 2058  it may deem necessary to determine whether said agricultural,
 2059  vegetable, flower, or forest tree, or shrub seed are in
 2060  compliance with the provisions of this law, and to notify
 2061  promptly the person who transported, distributed, sold, offered
 2062  or exposed the seed for sale, of any violation.
 2063         (2) The department is authorized to:
 2064         (a) To Enforce this chapter act and prescribe the methods
 2065  of sampling, inspecting, testing, and examining agricultural,
 2066  vegetable, flower, or forest tree, or shrub seed.
 2067         (b) To Establish standards and tolerances to be followed in
 2068  the administration of this law, which shall be in general accord
 2069  with officially prescribed practices in interstate commerce.
 2070         (c) To Prescribe uniform labels.
 2071         (d) To Adopt prohibited and restricted noxious weed seed
 2072  lists.
 2073         (e) To Prescribe limitations for each restricted noxious
 2074  weed to be used in enforcement of this chapter act and to add or
 2075  subtract therefrom from time to time as the need may arise.
 2076         (f) To Make commercial tests of seed and to fix and collect
 2077  charges for such tests.
 2078         (g) To List the kinds of flower, and forest tree, and shrub
 2079  seed subject to this law.
 2080         (h) To Analyze samples, as requested by a consumer. The
 2081  department shall establish, by rule, a fee schedule for
 2082  analyzing samples at the request of a consumer. The fees shall
 2083  be sufficient to cover the costs to the department for taking
 2084  the samples and performing the analysis, not to exceed $150 per
 2085  sample.
 2086         (i) To Adopt rules pursuant to ss. 120.536(1) and 120.54 to
 2087  implement the provisions of this chapter act.
 2088         (j) To Establish, by rule, requirements governing aircraft
 2089  used for the aerial application of seed, including requirements
 2090  for recordkeeping, annual aircraft registration, secure storage
 2091  when not in use, area-of-application information, and reporting
 2092  any sale, lease, purchase, rental, or transfer of such aircraft
 2093  to another person.
 2094         (3) For the purpose of carrying out the provisions of this
 2095  law, the department, through its authorized agents, is
 2096  authorized to:
 2097         (a) To Enter upon any public or private premises, where
 2098  agricultural, vegetable, flower, or forest tree, or shrub seed
 2099  is sold, offered, exposed, or distributed for sale during
 2100  regular business hours, in order to have access to seed subject
 2101  to this law and the rules and regulations hereunder.
 2102         (b) To Issue and enforce a stop-sale notice or order to the
 2103  owner or custodian of any lot of agricultural, vegetable,
 2104  flower, or forest tree, or shrub seed, which the department
 2105  finds or has good reason to believe is in violation of any
 2106  provisions of this law, which shall prohibit further sale,
 2107  barter, exchange, or distribution of such seed until the
 2108  department is satisfied that the law has been complied with and
 2109  has issued a written release or notice to the owner or custodian
 2110  of such seed. After a stop-sale notice or order has been issued
 2111  against or attached to any lot of seed and the owner or
 2112  custodian of such seed has received confirmation that the seed
 2113  does not comply with this law, she or he has shall have 15 days
 2114  beyond the normal test period within which to comply with the
 2115  law and obtain a written release of the seed. The provisions of
 2116  This paragraph may shall not be construed as limiting the right
 2117  of the department to proceed as authorized by other sections of
 2118  this law.
 2119         (c) To Establish and maintain a seed laboratory, employ
 2120  seed analysts and other personnel, and incur such other expenses
 2121  as may be necessary to comply with these provisions.
 2122         Section 46. Section 578.12, Florida Statutes, is amended to
 2123  read:
 2124         578.12 Stop-sale, stop-use, removal, or hold orders.—When
 2125  agricultural, vegetable, flower, or forest tree, or shrub seed
 2126  is being offered or exposed for sale or held in violation of any
 2127  of the provisions of this chapter, the department, through its
 2128  authorized representative, may issue and enforce a stop-sale,
 2129  stop-use, removal, or hold order to the owner or custodian of
 2130  said seed ordering it to be held at a designated place until the
 2131  law has been complied with and said seed is released in writing
 2132  by the department or its authorized representative. If seed is
 2133  not brought into compliance with this law it shall be destroyed
 2134  within 30 days or disposed of by the department in such a manner
 2135  as it shall by regulation prescribe.
 2136         Section 47. Section 578.13, Florida Statutes, is amended to
 2137  read:
 2138         578.13 Prohibitions.—
 2139         (1) It shall be unlawful for any person to sell, distribute
 2140  for sale, offer for sale, expose for sale, handle for sale, or
 2141  solicit orders for the purchase of any agricultural, vegetable,
 2142  flower, or forest tree, or shrub, seed within this state:
 2143         (a) Unless the test to determine the percentage of
 2144  germination required by s. 578.09 has shall have been completed
 2145  within a period of 7 months, exclusive of the calendar month in
 2146  which the test was completed, immediately prior to sale,
 2147  exposure for sale, offering for sale, or transportation, except
 2148  for a germination test for seed in hermetically sealed
 2149  containers which is provided for in s. 578.092 s. 578.28.
 2150         (b) Not labeled in accordance with the provisions of this
 2151  law, or having false or misleading labeling.
 2152         (c) Pertaining to which there has been a false or
 2153  misleading advertisement.
 2154         (d) Containing noxious weed seeds subject to tolerances and
 2155  methods of determination prescribed in the rules and regulations
 2156  under this law.
 2157         (e) Unless a seed license has been obtained in accordance
 2158  with the provisions of this law.
 2159         (f) Unless such seed conforms to the definition of a “lot
 2160  of seed.”
 2161         (2) It shall be unlawful for a any person within this state
 2162  to:
 2163         (a) To Detach, deface, destroy, or use a second time any
 2164  label or tag provided for in this law or in the rules and
 2165  regulations made and promulgated hereunder or to alter or
 2166  substitute seed in a manner that may defeat the purpose of this
 2167  law.
 2168         (b) To Disseminate any false or misleading advertisement
 2169  concerning agricultural, vegetable, flower, or forest tree ,or
 2170  shrub seed in any manner or by any means.
 2171         (c) To Hinder or obstruct in any way any authorized person
 2172  in the performance of her or his duties under this law.
 2173         (d) To Fail to comply with a stop-sale order or to move,
 2174  handle, or dispose of any lot of seed, or tags attached to such
 2175  seed, held under a “stop-sale” order, except with express
 2176  permission of the department and for the purpose specified by
 2177  the department or seizure order.
 2178         (e) Label, advertise, or otherwise represent seed subject
 2179  to this chapter to be certified seed or any class thereof,
 2180  including classes such as “registered seed,” “foundation seed,”
 2181  “breeder seed” or similar representations, unless:
 2182         1.A seed certifying agency determines that such seed
 2183  conformed to standards of purity and identify as to the kind,
 2184  variety, or species and, if appropriate, subspecies and the seed
 2185  certifying agency also determines that tree or shrub seed was
 2186  found to be of the origin and elevation claimed, in compliance
 2187  with the rules and regulations of such agency pertaining to such
 2188  seed; and
 2189         2.The seed bears an official label issued for such seed by
 2190  a seed certifying agency certifying that the seed is of a
 2191  specified class and specified to the kind, variety, or species
 2192  and, if appropriate, subspecies.
 2193         (f)Label, by variety name, seed not certified by an
 2194  official seed-certifying agency when it is a variety for which a
 2195  certificate of plant variety protection under the United States
 2196  Plant Variety Protection Act, 7 U.S.C. 2321 et. seq., specifies
 2197  sale only as a class of certified seed, except that seed from a
 2198  certified lot may be labeled as to variety name when used in a
 2199  mixture by, or with the written approval of, the owner of the
 2200  variety. To sell, distribute for sale, offer for sale, expose
 2201  for sale, handle for sale, or solicit orders for the purchase of
 2202  any agricultural, vegetable, flower, or forest tree seed labeled
 2203  “certified seed,” “registered seed,” “foundation seed,” “breeder
 2204  seed,” or similar terms, unless it has been produced and labeled
 2205  under seal in compliance with the rules and regulations of any
 2206  agency authorized by law.
 2207         (g)(f)To Fail to keep a complete record, including a file
 2208  sample which shall be retained for 1 year after seed is sold, of
 2209  each lot of seed and to make available for inspection such
 2210  records to the department or its duly authorized agents.
 2211         (h)(g)To Use the name of the Department of Agriculture and
 2212  Consumer Services or Florida State Seed Laboratory in connection
 2213  with analysis tag, labeling advertisement, or sale of any seed
 2214  in any manner whatsoever.
 2215         Section 48. Section 578.14, Florida Statutes, is repealed.
 2216         Section 49. Subsection (1) of section 578.181, Florida
 2217  Statutes, is amended to read:
 2218         578.181 Penalties; administrative fine.—
 2219         (1) The department may enter an order imposing one or more
 2220  of the following penalties against a person who violates this
 2221  chapter or the rules adopted under this chapter or who impedes,
 2222  obstructs, or hinders, or otherwise attempts to prevent the
 2223  department from performing its duty in connection with
 2224  performing its duties under this chapter:
 2225         (a) For a minor violation, issuance of a warning letter.
 2226         (b) For violations other than a minor violation:
 2227         1. Imposition of an administrative fine in the Class I
 2228  category pursuant to s. 570.971 for each occurrence after the
 2229  issuance of a warning letter.
 2230         2.(c) Revocation or suspension of the registration as a
 2231  seed dealer.
 2232         Section 50. Section 578.23, Florida Statutes, is amended to
 2233  read:
 2234         578.23 Dealers’ Records to be kept available.—Each person
 2235  who allows his or her name or brand to appear on the label as
 2236  handling agricultural, vegetable, flower, tree, or shrub seeds
 2237  subject to this chapter must keep, for 2 years, complete records
 2238  of each lot of agricultural, vegetable, flower, tree, or shrub
 2239  seed handled, and keep for 1 year after final disposition a file
 2240  sample of each lot of seed. All such records and samples
 2241  pertaining to the shipment or shipments involved must be
 2242  accessible for inspection by the department or its authorized
 2243  representative during normal business hours Every seed dealer
 2244  shall make and keep for a period of 3 years satisfactory records
 2245  of all agricultural, vegetable, flower, or forest tree seed
 2246  bought or handled to be sold, which records shall at all times
 2247  be made readily available for inspection, examination, or audit
 2248  by the department. Such records shall also be maintained by
 2249  persons who purchase seed for production of plants for resale.
 2250         Section 51. Section 578.26, Florida Statutes, is amended to
 2251  read:
 2252         578.26 Complaint, investigation, hearings, findings, and
 2253  recommendation prerequisite to legal action.—
 2254         (1)(a) When any buyer farmer is damaged by the failure of
 2255  agricultural, vegetable, flower, or forest tree, or shrub seed
 2256  planted in this state to produce or perform as represented by
 2257  the labeling of such label attached to the seed as required by
 2258  s. 578.09, as a prerequisite to her or his right to maintain a
 2259  legal action against the dealer from whom the seed was
 2260  purchased, the buyer must farmer shall make a sworn complaint
 2261  against the dealer alleging damages sustained. The complaint
 2262  shall be filed with the department, and a copy of the complaint
 2263  shall be served by the department on the dealer by certified
 2264  mail, within such time as to permit inspection of the property,
 2265  crops, plants, or trees referenced in, or related to, the
 2266  buyer’s complaint by the seed investigation and conciliation
 2267  council or its representatives and by the dealer from whom the
 2268  seed was purchased.
 2269         (b)For types of claims specified in paragraph (a), the
 2270  buyer may not commence legal proceedings against the dealer or
 2271  assert such a claim as a counterclaim or defense in any action
 2272  brought by the dealer until the findings and recommendations of
 2273  the seed investigation and conciliation council are transmitted
 2274  to the complainant and the dealer.
 2275         (c)(b) Language setting forth the requirement for filing
 2276  and serving the complaint shall be legibly typed or printed on
 2277  the analysis label or be attached to the package containing the
 2278  seed at the time of purchase by the buyer farmer.
 2279         (d)(c) A nonrefundable filing fee of $100 shall be paid to
 2280  the department with each complaint filed. However, the
 2281  complainant may recover the filing fee cost from the dealer upon
 2282  the recommendation of the seed investigation and conciliation
 2283  council.
 2284         (2) Within 15 days after receipt of a copy of the
 2285  complaint, the dealer shall file with the department her or his
 2286  answer to the complaint and serve a copy of the answer on the
 2287  buyer farmer by certified mail. Upon receipt of the findings and
 2288  recommendation of the arbitration council, the department shall
 2289  transmit them to the farmer and to the dealer by certified mail.
 2290         (3) The department shall refer the complaint and the answer
 2291  thereto to the seed investigation and conciliation council
 2292  provided in s. 578.27 for investigation, informal hearing,
 2293  findings, and recommendation on the matters complained of.
 2294         (a) Each party must shall be allowed to present its side of
 2295  the dispute at an informal hearing before the seed investigation
 2296  and conciliation council. Attorneys may be present at the
 2297  hearing to confer with their clients. However, no attorney may
 2298  participate directly in the proceeding.
 2299         (b) Hearings, including the deliberations of the seed
 2300  investigation and conciliation council, must shall be open to
 2301  the public.
 2302         (c) Within 30 days after completion of a hearing, the seed
 2303  investigation and conciliation council shall transmit its
 2304  findings and recommendations to the department. Upon receipt of
 2305  the findings and recommendation of the seed investigation and
 2306  conciliation council, the department shall transmit them to the
 2307  buyer farmer and to the dealer by certified mail.
 2308         (4) The department shall provide administrative support for
 2309  the seed investigation and conciliation council and shall mail a
 2310  copy of the council’s procedures to each party upon receipt of a
 2311  complaint by the department.
 2312         Section 52. Subsections (1), (2), and (4) of section
 2313  578.27, Florida Statutes, are amended to read:
 2314         578.27 Seed investigation and conciliation council;
 2315  composition; purpose; meetings; duties; expenses.—
 2316         (1) The Commissioner of Agriculture shall appoint a seed
 2317  investigation and conciliation council composed of seven members
 2318  and seven alternate members, one member and one alternate to be
 2319  appointed upon the recommendation of each of the following: the
 2320  deans of extension and research, Institute of Food and
 2321  Agricultural Sciences, University of Florida; president of the
 2322  Florida Seed Seedsmen and Garden Supply Association; president
 2323  of the Florida Farm Bureau Federation; and the president of the
 2324  Florida Fruit and Vegetable Association. The Commissioner of
 2325  Agriculture shall appoint a representative and an alternate from
 2326  the agriculture industry at large and from the Department of
 2327  Agriculture and Consumer Services. Each member shall be
 2328  appointed for a term of 4 years or less and shall serve until
 2329  his or her successor is appointed Initially, three members and
 2330  their alternates shall be appointed for 4-year terms and four
 2331  members and their alternates shall be appointed for 2-year
 2332  terms. Thereafter, members and alternates shall be appointed for
 2333  4-year terms. Each alternate member shall serve only in the
 2334  absence of the member for whom she or he is an alternate. A
 2335  vacancy shall be filled for the remainder of the unexpired term
 2336  in the same manner as the original appointment. The council
 2337  shall annually elect a chair from its membership. It shall be
 2338  the duty of the chair to conduct all meetings and deliberations
 2339  held by the council and to direct all other activities of the
 2340  council. The department representative shall serve as secretary
 2341  of the council. It shall be the duty of the secretary to keep
 2342  accurate and correct records on all meetings and deliberations
 2343  and perform other duties for the council as directed by the
 2344  chair.
 2345         (2) The purpose of the seed investigation and conciliation
 2346  council is to assist buyers farmers and agricultural seed
 2347  dealers in determining the validity of seed complaints made by
 2348  buyers farmers against dealers and recommend a settlement, when
 2349  appropriate, cost damages resulting from the alleged failure of
 2350  the seed to produce or perform as represented by the label of
 2351  such on the seed package.
 2352         (4)(a) When the department refers to the seed investigation
 2353  and conciliation council any complaint made by a buyer farmer
 2354  against a dealer, the said council must shall make a full and
 2355  complete investigation of the matters complained of and at the
 2356  conclusion of the said investigation must shall report its
 2357  findings and make its recommendation of cost damages and file
 2358  same with the department.
 2359         (b) In conducting its investigation, the seed investigation
 2360  and conciliation council or any representative, member, or
 2361  members thereof are authorized to examine the buyer’s property,
 2362  crops, plants, or trees referenced in or relating to the
 2363  complaint farmer on her or his farming operation of which she or
 2364  he complains and the dealer on her or his packaging, labeling,
 2365  and selling operation of the seed alleged to be faulty; to grow
 2366  to production a representative sample of the alleged faulty seed
 2367  through the facilities of the state, under the supervision of
 2368  the department when such action is deemed to be necessary; to
 2369  hold informal hearings at a time and place directed by the
 2370  department or by the chair of the council upon reasonable notice
 2371  to the buyer farmer and the dealer.
 2372         (c) Any investigation made by less than the whole
 2373  membership of the council must shall be by authority of a
 2374  written directive by the department or by the chair, and such
 2375  investigation must shall be summarized in writing and considered
 2376  by the council in reporting its findings and making its
 2377  recommendation.
 2378         Section 53. Section 578.28, Florida Statutes, is renumbered
 2379  as section 578.092, Florida Statutes, and amended to read:
 2380         578.092 578.28 Seed in hermetically sealed containers.—The
 2381  period of validity of germination tests is extended to the
 2382  following periods for seed packaged in hermetically sealed
 2383  containers, under conditions and label requirements set forth in
 2384  this section:
 2385         (1) GERMINATION TESTS.—The germination test for
 2386  agricultural and vegetable seed must shall have been completed
 2387  within the following periods, exclusive of the calendar month in
 2388  which the test was completed, immediately prior to shipment,
 2389  delivery, transportation, or sale:
 2390         (a) In the case of agricultural or vegetable seed shipped,
 2391  delivered, transported, or sold to a dealer for resale, 18
 2392  months;
 2393         (b) In the case of agricultural or vegetable seed for sale
 2394  or sold at retail, 24 months.
 2395         (2) CONDITIONS OF PACKAGING.—The following conditions are
 2396  considered as minimum:
 2397         (a) Hermetically sealed packages or containers.—A
 2398  container, to be acceptable under the provisions of this
 2399  section, shall not allow water vapor penetration through any
 2400  wall, including the wall seals, greater than 0.05 gram of water
 2401  per 24 hours per 100 square inches of surface at 100 °F. with a
 2402  relative humidity on one side of 90 percent and on the other of
 2403  0 percent. Water vapor penetration (WVP) is measured by the
 2404  standards of the National Institute of Standards and Technology
 2405  as: gm H2O/24 hr./100 sq. in./100 °F/90 percent RH V. 0 percent
 2406  RH.
 2407         (b) Moisture of seed packaged.—The moisture of agricultural
 2408  or vegetable seed subject to the provisions of this section
 2409  shall be established by rule of the department.
 2410         (3) LABELING REQUIRED.—In addition to the labeling required
 2411  by s. 578.09, seed packaged under the provisions of this section
 2412  shall be labeled with the following information:
 2413         (a) Seed has been preconditioned as to moisture content.
 2414         (b) Container is hermetically sealed.
 2415         (c) “Germination test valid until (month, year)” may be
 2416  used. (Not to exceed 24 months from date of test).
 2417         Section 54. Section 578.29, Florida Statutes, is created to
 2418  read:
 2419         578.29Prohibited noxious weed seed.—Seeds meeting the
 2420  definition of prohibited noxious weed seed under s. 578.011, may
 2421  not be present in agricultural, vegetable, flower, tree, or
 2422  shrub seed offered or exposed for sale in this state.
 2423         Section 55. Subsection (1) of section 590.02, Florida
 2424  Statutes, is amended to read:
 2425         590.02 Florida Forest Service; powers, authority, and
 2426  duties; liability; building structures; Withlacoochee Training
 2427  Center.—
 2428         (1) The Florida Forest Service has the following powers,
 2429  authority, and duties to:
 2430         (a) To Enforce the provisions of this chapter;
 2431         (b) To Prevent, detect, and suppress wildfires wherever
 2432  they may occur on public or private land in this state and to do
 2433  all things necessary in the exercise of such powers, authority,
 2434  and duties;
 2435         (c) To Provide firefighting crews, who shall be under the
 2436  control and direction of the Florida Forest Service and its
 2437  designated agents;
 2438         (d) To Appoint center managers, forest area supervisors,
 2439  forestry program administrators, a forest protection bureau
 2440  chief, a forest protection assistant bureau chief, a field
 2441  operations bureau chief, deputy chiefs of field operations,
 2442  district managers, forest operations administrators, senior
 2443  forest rangers, investigators, forest rangers, firefighter
 2444  rotorcraft pilots, and other employees who may, at the Florida
 2445  Forest Service’s discretion, be certified as forestry
 2446  firefighters pursuant to s. 633.408(8). Other law
 2447  notwithstanding, center managers, district managers, forest
 2448  protection assistant bureau chief, and deputy chiefs of field
 2449  operations have shall have Selected Exempt Service status in the
 2450  state personnel designation;
 2451         (e) To Develop a training curriculum for forestry
 2452  firefighters which must contain the basic volunteer structural
 2453  fire training course approved by the Florida State Fire College
 2454  of the Division of State Fire Marshal and a minimum of 250 hours
 2455  of wildfire training;
 2456         (f) Pay the cost of the initial commercial driver license
 2457  examination fee for those employees whose position requires them
 2458  to operate equipment requiring a license. This paragraph is
 2459  intended to be an authorization to the department to pay such
 2460  costs, not an obligation To make rules to accomplish the
 2461  purposes of this chapter;
 2462         (g) To Provide fire management services and emergency
 2463  response assistance and to set and charge reasonable fees for
 2464  performance of those services. Moneys collected from such fees
 2465  shall be deposited into the Incidental Trust Fund of the Florida
 2466  Forest Service;
 2467         (h) To Require all state, regional, and local government
 2468  agencies operating aircraft in the vicinity of an ongoing
 2469  wildfire to operate in compliance with the applicable state
 2470  Wildfire Aviation Plan; and
 2471         (i) To Authorize broadcast burning, prescribed burning,
 2472  pile burning, and land clearing debris burning to carry out the
 2473  duties of this chapter and the rules adopted thereunder; and
 2474         (j)Make rules to accomplish the purposes of this chapter.
 2475         Section 56. Section 817.417, Florida Statutes, is created
 2476  to read:
 2477         817.417Government Impostor and Deceptive Advertisement
 2478  Act.—
 2479         (1)SHORT TITLE.—This act may be cited as the “Government
 2480  Impostor and Deceptive Advertisements Act.”
 2481         (2)DEFINITIONS.—As used in this section:
 2482         (a)“Advertisement” means any representation disseminated
 2483  in any manner or by any means, other than by a label, for the
 2484  purpose of inducing, or which is reasonably likely to induce,
 2485  directly or indirectly, a purchase.
 2486         (b)“Department” means the Department of Agriculture and
 2487  Consumer Services.
 2488         (c)“Governmental entity” means a political subdivision or
 2489  agency of any state, possession, or territory of the United
 2490  States, or the Federal Government, including, but not limited
 2491  to, a board, a department, an office, an agency, a military
 2492  veteran entity, or a military or veteran service organization by
 2493  whatever name known.
 2494         (3)DUTIES AND RESPONSIBILITIES.—The department has the
 2495  duty and responsibility to:
 2496         (a)Investigate potential violations of this section.
 2497         (b)Request and obtain information regarding potential
 2498  violations of this section.
 2499         (c)Seek compliance with this section.
 2500         (d)Enforce this section.
 2501         (e)Adopt rules necessary to administer this section.
 2502         (4)VIOLATIONS.—Each occurrence of the following acts or
 2503  practices constitute a violation of this section:
 2504         (a)Disseminating an advertisement that:
 2505         1.Simulates a summons, complaint, jury notice, or other
 2506  court, judicial, or administrative process of any kind.
 2507         2.Represents, implies, or otherwise engages in an action
 2508  that may reasonably cause confusion that the person using or
 2509  employing the advertisement is a part of or associated with a
 2510  governmental entity, when such is not true.
 2511         (b)Representing, implying, or otherwise reasonably causing
 2512  confusion that goods, services, an advertisement, or an offer
 2513  was disseminated by or has been approved, authorized, or
 2514  endorsed, in whole or in part, by a governmental entity, when
 2515  such is not true.
 2516         (c)Using or employing language, symbols, logos,
 2517  representations, statements, titles, names, seals, emblems,
 2518  insignia, trade or brand names, business or control tracking
 2519  numbers, website or e-mail addresses, or any other term, symbol,
 2520  or other content that represents or implies or otherwise
 2521  reasonably causes confusion that goods, services, an
 2522  advertisement, or an offer is from a governmental entity, when
 2523  such is not true.
 2524         (d)Failing to provide the disclosures as required in
 2525  subsections (5) or (6).
 2526         (e)Failing to timely submit to the department written
 2527  responses and answers to its inquiries concerning alleged
 2528  practices inconsistent with, or in violation of, this section.
 2529  Responses or answers may include, but are not limited to, copies
 2530  of customer lists, invoices, receipts, or other business
 2531  records.
 2532         (5)NOTICE REGARDING DOCUMENT AVAILABILITY.—
 2533         (a)Any person offering documents that are available free
 2534  of charge or at a lesser price from a governmental entity must
 2535  provide the notice specified in paragraph (b) on advertisements
 2536  as follows:
 2537         1.For printed or written advertisements, notice must be in
 2538  the same font size, color, style, and visibility as primarily
 2539  used elsewhere on the page or envelope and displayed as follows:
 2540         a.On the outside front of any mailing envelope used in
 2541  disseminating the advertisement.
 2542         b.At the top of each printed or written page used in the
 2543  advertisement.
 2544         2.For electronic advertisements, notice must be in the
 2545  same font size, color, style, and visibility as the body text
 2546  primarily used in the e-mail or web page and displayed as
 2547  follows:
 2548         a.At the beginning of each e-mail message, before any
 2549  offer or other substantive information.
 2550         b.In a prominent location on each web page, such as the
 2551  top of each page or immediately following the offer or other
 2552  substantive information on the page.
 2553         (b)Advertisements specified in paragraph (a) must include
 2554  the following disclosure:
 2555  
 2556  “IMPORTANT NOTICE:
 2557  
 2558  The documents offered by this advertisement are available to
 2559  Florida consumers free of charge or for a lesser price from
 2560  ...(insert name, telephone number, and mailing address of the
 2561  applicable governmental entity).... You are NOT required to
 2562  purchase anything from this company and the company is NOT
 2563  affiliated, endorsed, or approved by any governmental entity.
 2564  The item offered in this advertisement has NOT been approved or
 2565  endorsed by any governmental agency, and this offer is NOT being
 2566  made by an agency of the government.”
 2567  
 2568         (6)NOTICE REGARDING CLAIM OF LEGAL COMPLIANCE.—
 2569         (a)Any person disseminating an advertisement that includes
 2570  a form or template to be completed by the consumer with the
 2571  claim that such form or template will assist the consumer in
 2572  complying with a legal filing or record retention requirement
 2573  must provide the notice specified in paragraph (b) on
 2574  advertisements as follows:
 2575         1.For printed or written advertisements, the notice must
 2576  be in the same font size, color, style, and visibility as
 2577  primarily used elsewhere on the page or envelope and displayed
 2578  as follows:
 2579         a.On the outside front of any mailing envelope used in
 2580  disseminating the advertisement.
 2581         b.At the top of each printed or written page used in the
 2582  advertisement.
 2583         2.For electronic advertisements, the notice must be in the
 2584  same font size, color, style, and visibility as the body text
 2585  primarily used in the e-mail or web page and displayed as
 2586  follows:
 2587         a.At the beginning of each e-mail message, before any
 2588  offer or other substantive information.
 2589         b.In a prominent location on each web page, such as the
 2590  top of each page or immediately following the offer or other
 2591  substantive information on the page.
 2592         (b)Advertisements specified in paragraph (a) must include
 2593  the following disclosure:
 2594  
 2595  “IMPORTANT NOTICE:
 2596  
 2597  You are NOT required to purchase anything from this company and
 2598  the company is NOT affiliated, endorsed, or approved by any
 2599  governmental entity. The item offered in this advertisement has
 2600  NOT been approved or endorsed by any governmental agency, and
 2601  this offer is NOT being made by an agency of the government.”
 2602  
 2603         (7)PENALTIES.—
 2604         (a)Any person substantially affected by a violation of
 2605  this section may bring an action in a court of proper
 2606  jurisdiction to enforce the provisions of this section. A person
 2607  prevailing in a civil action for a violation of this section
 2608  shall be awarded costs, including reasonable attorney fees, and
 2609  may be awarded punitive damages in addition to actual damages
 2610  proven. This provision is in addition to any other remedies
 2611  prescribed by law.
 2612         (b)The department may bring one or more of the following
 2613  for a violation of this section:
 2614         1.A civil action in circuit court for:
 2615         a.Temporary or permanent injunctive relief to enforce this
 2616  section.
 2617         b.For printed advertisements and e-mail, a fine of up to
 2618  $1,000 for each separately addressed advertisement or message
 2619  containing content in violation of paragraphs (4)(a)-(d)
 2620  received by or addressed to a state resident.
 2621         c.For websites, a fine of up to $5,000 for each day a
 2622  website, with content in violation of paragraphs (4)(a)-(d), is
 2623  published and made available to the general public.
 2624         d.For violations of paragraph (4)(e), a fine of up to
 2625  $5,000 for each violation.
 2626         e.Recovery of restitution and damages on behalf of persons
 2627  substantially affected by a violation of this section.
 2628         f.The recovery of court costs and reasonable attorney
 2629  fees.
 2630         2.An action for an administrative fine in the Class III
 2631  category pursuant to s. 570.971 for each act or omission which
 2632  constitutes a violation under this section.
 2633         (c)The department may terminate any investigation or
 2634  action upon agreement by the alleged offender to pay a
 2635  stipulated fine, make restitution, pay damages to customers, or
 2636  satisfy any other relief authorized by this section.
 2637         (d)In addition to any remedies or penalties set forth in
 2638  this section, any person who violates paragraphs (4) (a)-(d)
 2639  also commits an unfair or deceptive trade practice in violation
 2640  of part II of chapter 501 and is subject to the penalties and
 2641  remedies imposed for such violation.
 2642         Section 57. Paragraph (m) of subsection (3) of section
 2643  489.105, Florida Statutes, is amended to read:
 2644         489.105 Definitions.—As used in this part:
 2645         (3) “Contractor” means the person who is qualified for, and
 2646  is only responsible for, the project contracted for and means,
 2647  except as exempted in this part, the person who, for
 2648  compensation, undertakes to, submits a bid to, or does himself
 2649  or herself or by others construct, repair, alter, remodel, add
 2650  to, demolish, subtract from, or improve any building or
 2651  structure, including related improvements to real estate, for
 2652  others or for resale to others; and whose job scope is
 2653  substantially similar to the job scope described in one of the
 2654  paragraphs of this subsection. For the purposes of regulation
 2655  under this part, the term “demolish” applies only to demolition
 2656  of steel tanks more than 50 feet in height; towers more than 50
 2657  feet in height; other structures more than 50 feet in height;
 2658  and all buildings or residences. Contractors are subdivided into
 2659  two divisions, Division I, consisting of those contractors
 2660  defined in paragraphs (a)-(c), and Division II, consisting of
 2661  those contractors defined in paragraphs (d)-(q):
 2662         (m) “Plumbing contractor” means a contractor whose services
 2663  are unlimited in the plumbing trade and includes contracting
 2664  business consisting of the execution of contracts requiring the
 2665  experience, financial means, knowledge, and skill to install,
 2666  maintain, repair, alter, extend, or, if not prohibited by law,
 2667  design plumbing. A plumbing contractor may install, maintain,
 2668  repair, alter, extend, or, if not prohibited by law, design the
 2669  following without obtaining an additional local regulatory
 2670  license, certificate, or registration: sanitary drainage or
 2671  storm drainage facilities, water and sewer plants and
 2672  substations, venting systems, public or private water supply
 2673  systems, septic tanks, drainage and supply wells, swimming pool
 2674  piping, irrigation systems, and solar heating water systems and
 2675  all appurtenances, apparatus, or equipment used in connection
 2676  therewith, including boilers and pressure process piping and
 2677  including the installation of water, natural gas, liquefied
 2678  petroleum gas and related venting, and storm and sanitary sewer
 2679  lines. The scope of work of the plumbing contractor also
 2680  includes the design, if not prohibited by law, and installation,
 2681  maintenance, repair, alteration, or extension of air-piping,
 2682  vacuum line piping, oxygen line piping, nitrous oxide piping,
 2683  and all related medical gas systems; fire line standpipes and
 2684  fire sprinklers if authorized by law; ink and chemical lines;
 2685  fuel oil and gasoline piping and tank and pump installation,
 2686  except bulk storage plants; and pneumatic control piping
 2687  systems, all in a manner that complies with all plans,
 2688  specifications, codes, laws, and regulations applicable. The
 2689  scope of work of the plumbing contractor applies to private
 2690  property and public property, including any excavation work
 2691  incidental thereto, and includes the work of the specialty
 2692  plumbing contractor. Such contractor shall subcontract, with a
 2693  qualified contractor in the field concerned, all other work
 2694  incidental to the work but which is specified as being the work
 2695  of a trade other than that of a plumbing contractor. This
 2696  definition does not limit the scope of work of any specialty
 2697  contractor certified pursuant to s. 489.113(6) and does not
 2698  require certification or registration under this part as a
 2699  category I liquefied petroleum gas dealer, or category V LP gas
 2700  installer, as defined in s. 527.01, or specialty installer who
 2701  is licensed under chapter 527 or an authorized employee of a
 2702  public natural gas utility or of a private natural gas utility
 2703  regulated by the Public Service Commission when disconnecting
 2704  and reconnecting water lines in the servicing or replacement of
 2705  an existing water heater. A plumbing contractor may perform
 2706  drain cleaning and clearing and install or repair rainwater
 2707  catchment systems; however, a mandatory licensing requirement is
 2708  not established for the performance of these specific services.
 2709         Section 58. Subsection (3) of section 527.06, Florida
 2710  Statutes, is reenacted to read:
 2711         527.06 Rules.—
 2712         (3) Rules in substantial conformity with the published
 2713  standards of the National Fire Protection Association (NFPA) are
 2714  deemed to be in substantial conformity with the generally
 2715  accepted standards of safety concerning the same subject matter.
 2716         Section 59. This act shall take effect July 1, 2018.
 2717  
 2718  ================= T I T L E  A M E N D M E N T ================
 2719  And the title is amended as follows:
 2720         Delete everything before the enacting clause
 2721  and insert:
 2722                        A bill to be entitled                      
 2723         An act relating to the Department of Agriculture and
 2724         Consumer Services; amending s. 193.461, F.S.;
 2725         specifying a methodology for the assessment of certain
 2726         structures used in citrus production; amending s.
 2727         379.361, F.S.; transferring authority to issue
 2728         licenses for oyster harvesting in Apalachicola Bay
 2729         from the department to the City of Apalachicola;
 2730         revising the disposition and permitted uses of license
 2731         proceeds; amending s. 487.041, F.S.; deleting obsolete
 2732         provisions; deleting a requirement that all pesticide
 2733         registration fees be submitted electronically;
 2734         amending s. 496.415, F.S.; prohibiting the comingling
 2735         of funds in connection with the planning, conduct, or
 2736         execution of any solicitation or charitable or sponsor
 2737         sales promotion; amending s. 496.418, F.S.; revising
 2738         recordkeeping and accounting requirements for
 2739         solicitations of funds; specifying a rebuttable
 2740         presumption under certain circumstances; amending s.
 2741         500.459, F.S.; revising permitting requirements and
 2742         operating standards for water vending machines;
 2743         amending s. 501.059, F.S.; revising the term
 2744         “telephonic sales call” to include voicemail
 2745         transmissions; defining the term “voicemail
 2746         transmission”; prohibiting the transmission of
 2747         voicemails to specified persons who communicate to a
 2748         telephone solicitor that they would not like to
 2749         receive certain voicemail solicitations or requests
 2750         for donations; requiring a solicitor to ensure that if
 2751         a telephone number is available through a caller
 2752         identification system, that telephone number must be
 2753         capable of receiving calls and must connect the
 2754         original call recipient to the solicitor; revising
 2755         civil penalties; creating s. 501.6175, F.S.;
 2756         specifying recordkeeping requirements for commercial
 2757         telephone sellers; amending s. 501.912, F.S.; revising
 2758         terms; amending s. 501.913, F.S.; authorizing
 2759         antifreeze brands to be registered for a specified
 2760         period; deleting a provision relating to the
 2761         registration of brands that are no longer in
 2762         production; specifying a certified report requirement
 2763         for first-time applications; amending s. 501.917,
 2764         F.S.; revising department sampling and analysis
 2765         requirements for antifreeze; specifying that the
 2766         certificate of analysis is prima facie evidence of the
 2767         facts stated therein; amending s. 501.92, F.S.;
 2768         revising when the department may require an antifreeze
 2769         formula for analysis; amending s. 525.07, F.S.;
 2770         authorizing the department to seize skimming devices
 2771         without a warrant; amending s. 526.304, F.S.;
 2772         authorizing the department to temporarily suspend
 2773         enforcement, for specified purposes during states of
 2774         emergency, of certain provisions relating to predatory
 2775         practices in the retail sale of motor fuel; amending
 2776         s. 526.305, F.S.; authorizing the department to
 2777         temporarily suspend enforcement, for specified
 2778         purposes during states of emergency, of certain
 2779         provisions relating to discriminatory practices in
 2780         sale of motor fuel; amending s. 526.51, F.S.; revising
 2781         application requirements and fees for brake fluid
 2782         brands; deleting a provision relating to the
 2783         registration of brands that are no longer in
 2784         production; amending s. 526.53, F.S.; revising
 2785         department sampling and analysis requirements for
 2786         brake fluid; specifying that the certificate of
 2787         analysis is prima facie evidence of the facts stated
 2788         therein; amending s. 527.01, F.S.; revising terms;
 2789         amending s. 527.02, F.S.; revising the persons subject
 2790         to liquefied petroleum business licensing provisions;
 2791         revising such licensing fees and requirements;
 2792         revising reporting and fee requirements for certain
 2793         material changes to license information; deleting a
 2794         provision authorizing license transfers; amending s.
 2795         527.0201, F.S.; revising the persons subject to
 2796         liquefied petroleum qualifier competency examination,
 2797         registry, supervisory, and employment requirements;
 2798         revising the expiration of qualifier registrations;
 2799         revising the persons subject to master qualifier
 2800         requirements; revising master qualifier application
 2801         requirements; deleting provisions specifying that a
 2802         failure to replace master qualifiers within certain
 2803         periods constitutes grounds for license revocation;
 2804         deleting a provision relating to facsimile
 2805         transmission of duplicate licenses; amending s.
 2806         527.021, F.S.; revising the circumstances under which
 2807         liquefied petroleum gas bulk delivery vehicles must be
 2808         registered with the department; amending s. 527.03,
 2809         F.S.; authorizing certain liquefied petroleum gas
 2810         registrations to be renewed for 2 or 3 years; deleting
 2811         certain renewal period requirements; amending s.
 2812         527.04, F.S.; revising the persons required to provide
 2813         the department with proof of insurance; revising the
 2814         required payee for a bond in lieu of such insurance;
 2815         amending s. 527.0605, F.S.; deleting provisions
 2816         requiring licensees to submit a site plan and review
 2817         fee for liquefied petroleum bulk storage container
 2818         locations; amending s. 527.065, F.S.; revising the
 2819         circumstances under which a liquefied petroleum gas
 2820         licensee must notify the department of an accident;
 2821         amending s. 527.067, F.S.; requiring certain liquefied
 2822         petroleum gas dealers to provide notice within a
 2823         specified period before rendering a consumer’s
 2824         liquefied petroleum gas equipment or system inoperable
 2825         or discontinuing service; providing an exception;
 2826         amending ss. 527.10 and 527.21, F.S.; conforming
 2827         provisions to changes made by the act; amending s.
 2828         527.22, F.S.; deleting an obsolete provision; amending
 2829         s. 531.67, F.S.; extending the expiration date of
 2830         certain provisions relating to permits for
 2831         commercially operated or tested weights or measures
 2832         instruments or devices; amending s. 534.47, F.S.;
 2833         revising and providing definitions; amending s.
 2834         534.49, F.S.; conforming provisions to changes made by
 2835         the act; repealing s. 534.50, F.S., relating to
 2836         reporting and notice requirements for dishonored
 2837         checks and drafts for payment of livestock purchases;
 2838         amending s. 534.501, F.S.; providing that delaying or
 2839         failing to make payment for certain livestock is an
 2840         unfair and deceptive act; repealing s. 534.51, F.S.,
 2841         relating to the prohibition of the filing of
 2842         complaints by certain livestock markets; amending s.
 2843         534.54, F.S.; providing that purchasers who delay or
 2844         fail to render payment for purchased livestock are
 2845         liable for certain fees, costs, and expenses;
 2846         conforming provisions to changes made by the act;
 2847         amending s. 570.07, F.S.; authorizing the department
 2848         to waive certain fees during a state of emergency;
 2849         amending s. 573.111, F.S.; revising the required
 2850         posting location for the issuance of an agricultural
 2851         commodity marketing order; amending s. 578.011, F.S.;
 2852         revising and defining terms; creating s. 578.012,
 2853         F.S.; providing legislative intent; creating a
 2854         preemption of local law relating to regulation of
 2855         seed; amending s. 578.08, F.S.; revising application
 2856         requirements for the registration of seed dealers;
 2857         conforming provisions to changes made by the act;
 2858         specifying that a receipt from the department need not
 2859         be written to constitute a permit; deleting an
 2860         exception to registration requirements for certain
 2861         experiment stations; requiring the payment of fees
 2862         when packet seed is placed into commerce; amending s.
 2863         578.09, F.S.; revising labeling requirements for
 2864         agricultural, vegetable, flower, tree, and shrub
 2865         seeds; conforming a cross-reference; repealing s.
 2866         578.091, F.S., relating to labeling of forest tree
 2867         seed; amending s. 578.10, F.S.; revising exemptions to
 2868         seed labeling, sale, and solicitation requirements;
 2869         amending s. 578.11, F.S.; conforming provisions to
 2870         changes made by the act; making technical changes;
 2871         amending s. 578.12, F.S.; conforming provisions to
 2872         changes made by the act; amending s. 578.13, F.S.;
 2873         conforming provisions to changes made by the act;
 2874         specifying that it is unlawful to move, handle, or
 2875         dispose of seeds or tags under a stop-sale notice or
 2876         order without permission from the department;
 2877         specifying that it is unlawful to represent seed as
 2878         certified except under specified conditions or to
 2879         label seed with a variety name under certain
 2880         conditions; repealing s. 578.14, F.S., relating to
 2881         packet vegetable and flower seed; amending s. 578.181,
 2882         F.S.; revising penalties; amending s. 578.23, F.S.;
 2883         revising recordkeeping requirements relating to seed
 2884         labeling; amending s. 578.26, F.S.; conforming
 2885         provisions to changes made by the act; specifying that
 2886         certain persons may not commence legal proceedings or
 2887         make certain claims against a seed dealer before
 2888         certain findings and recommendations are transmitted
 2889         by the seed investigation and conciliation council to
 2890         the complainant and dealer; deleting a requirement
 2891         that the department transmit such findings and
 2892         recommendations to complainants and dealers; requiring
 2893         the department to mail a copy of the council’s
 2894         procedures to both parties upon receipt of a
 2895         complaint; amending s. 578.27, F.S.; removing
 2896         alternate membership from the seed investigation and
 2897         conciliation council; revising the terms of members of
 2898         the council; conforming provisions to changes made by
 2899         the act; revising the purpose of the council; revising
 2900         the council’s investigatory process; renumbering and
 2901         amending s. 578.28, F.S.; making a technical change;
 2902         creating s. 578.29, F.S.; prohibiting certain noxious
 2903         weed seed from being offered or exposed for sale;
 2904         amending s. 590.02, F.S.; authorizing the Florida
 2905         Forest Service to pay certain employees’ initial
 2906         commercial driver license examination fees; creating
 2907         s. 817.417, F.S.; providing a short title; defining
 2908         terms; specifying department duties and
 2909         responsibilities relating to government impostor and
 2910         deceptive advertisements; requiring rulemaking by the
 2911         department; specifying that it is a violation to
 2912         disseminate certain misleading or confusing
 2913         advertisements, to make certain misleading or
 2914         confusing representations, to use content implying or
 2915         leading to confusion that such content is from a
 2916         governmental entity when such is not true, to fail to
 2917         provide certain disclosures, and to fail to provide
 2918         certain responses and answers to the department;
 2919         requiring a person offering documents that are
 2920         available free of charge or at a lesser price from a
 2921         governmental entity to provide a certain disclosure;
 2922         providing penalties; amending s. 489.105, F.S.;
 2923         conforming provisions to changes made by the act;
 2924         reenacting s. 527.06(3), F.S., relating to published
 2925         standards of the National Fire Protection Association;
 2926         providing an effective date.