Florida Senate - 2018                       CS for CS for SB 740
       
       
        
       By the Committees on Appropriations; and Agriculture; and
       Senator Stargel
       
       
       
       
       576-03571-18                                           2018740c2
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending s. 193.461, F.S.;
    4         specifying the methodology for the assessment of
    5         certain structures in horticultural production;
    6         specifying, subject to certain conditions, that land
    7         classified as agricultural remains classified as such
    8         for a specified period if such lands are damaged by
    9         certain natural disasters and agricultural production
   10         is halted or reduced; providing for retroactive
   11         application; creating s. 252.3569, F.S.; providing a
   12         legislative finding; establishing a state agricultural
   13         response team within the department; specifying the
   14         duties of the team; amending s. 316.565, F.S.;
   15         revising the Governor’s authority, to include
   16         agricultural products instead of only perishable food,
   17         in declaring an emergency relating to the transport of
   18         such products when there is a breakdown in the normal
   19         public transportation facilities necessary to move
   20         such products; authorizing the Department of
   21         Transportation to issue, and specifying that certain
   22         law enforcement officers must accept, electronic
   23         verification of permits during a declared state of
   24         emergency; providing that such permits are valid for
   25         up to a specified period, but no longer than the
   26         duration of the declared state of emergency or any
   27         extension thereof; requiring the Department of
   28         Transportation to consult with the Department of
   29         Agriculture and Consumer Services and stakeholders in
   30         the agricultural industry in implementing emergency
   31         transportation assistance for agricultural products;
   32         amending s. 379.361, F.S.; transferring authority to
   33         issue licenses for oyster harvesting in Apalachicola
   34         Bay from the department to the City of Apalachicola;
   35         revising the disposition and permitted uses of license
   36         proceeds; amending s. 487.041, F.S.; deleting obsolete
   37         provisions; deleting a requirement that all pesticide
   38         registration fees be submitted electronically;
   39         amending s. 496.415, F.S.; prohibiting the comingling
   40         of funds in connection with the planning, conduct, or
   41         execution of any solicitation or charitable or sponsor
   42         sales promotion; amending s. 496.418, F.S.; revising
   43         recordkeeping and accounting requirements for
   44         solicitations of funds; specifying a rebuttable
   45         presumption under certain circumstances; amending s.
   46         500.459, F.S.; revising permitting requirements and
   47         operating standards for water vending machines;
   48         amending s. 501.059, F.S.; revising the term
   49         “telephonic sales call” to include voicemail
   50         transmissions; defining the term “voicemail
   51         transmission”; prohibiting the transmission of
   52         voicemails to specified persons who communicate to a
   53         telephone solicitor that they would not like to
   54         receive certain voicemail solicitations or requests
   55         for donations; requiring a solicitor to ensure that if
   56         a telephone number is available through a caller
   57         identification system, that telephone number must be
   58         capable of receiving calls and must connect the
   59         original call recipient to the solicitor; revising
   60         civil penalties; creating s. 501.6175, F.S.;
   61         specifying recordkeeping requirements for commercial
   62         telephone sellers; amending s. 501.912, F.S.; revising
   63         terms; amending s. 501.913, F.S.; authorizing
   64         antifreeze brands to be registered for a specified
   65         period; deleting a provision relating to the
   66         registration of brands that are no longer in
   67         production; specifying a certified report requirement
   68         for first-time applications; amending s. 501.917,
   69         F.S.; revising department sampling and analysis
   70         requirements for antifreeze; specifying that the
   71         certificate of analysis is prima facie evidence of the
   72         facts stated therein; amending s. 501.92, F.S.;
   73         revising when the department may require an antifreeze
   74         formula for analysis; amending s. 525.07, F.S.;
   75         authorizing the department to seize skimming devices
   76         without a warrant; amending s. 526.304, F.S.;
   77         authorizing the department to temporarily suspend
   78         enforcement, for specified purposes during states of
   79         emergency, of certain provisions relating to predatory
   80         practices in the retail sale of motor fuel; amending
   81         s. 526.305, F.S.; authorizing the department to
   82         temporarily suspend enforcement, for specified
   83         purposes during states of emergency, of certain
   84         provisions relating to discriminatory practices in
   85         sale of motor fuel; amending s. 526.51, F.S.; revising
   86         application requirements and fees for brake fluid
   87         brands; deleting a provision relating to the
   88         registration of brands that are no longer in
   89         production; amending s. 526.53, F.S.; revising
   90         department sampling and analysis requirements for
   91         brake fluid; specifying that the certificate of
   92         analysis is prima facie evidence of the facts stated
   93         therein; amending s. 527.01, F.S.; revising terms;
   94         amending s. 527.02, F.S.; revising the persons subject
   95         to liquefied petroleum business licensing provisions;
   96         revising such licensing fees and requirements;
   97         revising reporting and fee requirements for certain
   98         material changes to license information; deleting a
   99         provision authorizing license transfers; amending s.
  100         527.0201, F.S.; revising the persons subject to
  101         liquefied petroleum qualifier competency examination,
  102         registry, supervisory, and employment requirements;
  103         revising the expiration of qualifier registrations;
  104         revising the persons subject to master qualifier
  105         requirements; revising master qualifier application
  106         requirements; deleting provisions specifying that a
  107         failure to replace master qualifiers within certain
  108         periods constitutes grounds for license revocation;
  109         deleting a provision relating to facsimile
  110         transmission of duplicate licenses; amending s.
  111         527.021, F.S.; revising the circumstances under which
  112         liquefied petroleum gas bulk delivery vehicles must be
  113         registered with the department; amending s. 527.03,
  114         F.S.; authorizing certain liquefied petroleum gas
  115         registrations to be renewed for 2 or 3 years; deleting
  116         certain renewal period requirements; amending s.
  117         527.04, F.S.; revising the persons required to provide
  118         the department with proof of insurance; revising the
  119         required payee for a bond in lieu of such insurance;
  120         amending s. 527.0605, F.S.; deleting provisions
  121         requiring licensees to submit a site plan and review
  122         fee for liquefied petroleum bulk storage container
  123         locations; amending s. 527.065, F.S.; revising the
  124         circumstances under which a liquefied petroleum gas
  125         licensee must notify the department of an accident;
  126         amending s. 527.067, F.S.; requiring certain liquefied
  127         petroleum gas dealers to provide notice within a
  128         specified period before rendering a consumer’s
  129         liquefied petroleum gas equipment or system inoperable
  130         or discontinuing service; providing an exception;
  131         amending ss. 527.10 and 527.21, F.S.; conforming
  132         provisions to changes made by the act; amending s.
  133         527.22, F.S.; deleting an obsolete provision; amending
  134         s. 531.67, F.S.; extending the expiration date of
  135         certain provisions relating to permits for
  136         commercially operated or tested weights or measures
  137         instruments or devices; amending s. 534.47, F.S.;
  138         revising and providing definitions; amending s.
  139         534.49, F.S.; conforming provisions to changes made by
  140         the act; repealing s. 534.50, F.S., relating to
  141         reporting and notice requirements for dishonored
  142         checks and drafts for payment of livestock purchases;
  143         amending s. 534.501, F.S.; providing that delaying or
  144         failing to make payment for certain livestock is an
  145         unfair and deceptive act; repealing s. 534.51, F.S.,
  146         relating to the prohibition of the filing of
  147         complaints by certain livestock markets; amending s.
  148         534.54, F.S.; providing that purchasers who delay or
  149         fail to render payment for purchased livestock are
  150         liable for certain fees, costs, and expenses;
  151         conforming provisions to changes made by the act;
  152         amending s. 570.07, F.S.; authorizing the department
  153         to waive certain fees during a state of emergency;
  154         amending s. 573.111, F.S.; revising the required
  155         posting location for the issuance of an agricultural
  156         commodity marketing order; amending s. 578.011, F.S.;
  157         revising and defining terms; creating s. 578.012,
  158         F.S.; providing legislative intent; creating a
  159         preemption of local law relating to regulation of
  160         seed; amending s. 578.08, F.S.; revising application
  161         requirements for the registration of seed dealers;
  162         conforming provisions to changes made by the act;
  163         specifying that a receipt from the department need not
  164         be written to constitute a permit; deleting an
  165         exception to registration requirements for certain
  166         experiment stations; requiring the payment of fees
  167         when packet seed is placed into commerce; amending s.
  168         578.09, F.S.; revising labeling requirements for
  169         agricultural, vegetable, flower, tree, and shrub
  170         seeds; conforming a cross-reference; repealing s.
  171         578.091, F.S., relating to labeling of forest tree
  172         seed; amending s. 578.10, F.S.; revising exemptions to
  173         seed labeling, sale, and solicitation requirements;
  174         amending s. 578.11, F.S.; conforming provisions to
  175         changes made by the act; making technical changes;
  176         amending s. 578.12, F.S.; conforming provisions to
  177         changes made by the act; amending s. 578.13, F.S.;
  178         conforming provisions to changes made by the act;
  179         specifying that it is unlawful to move, handle, or
  180         dispose of seeds or tags under a stop-sale notice or
  181         order without permission from the department;
  182         specifying that it is unlawful to represent seed as
  183         certified except under specified conditions or to
  184         label seed with a variety name under certain
  185         conditions; repealing s. 578.14, F.S., relating to
  186         packet vegetable and flower seed; amending s. 578.181,
  187         F.S.; revising penalties; amending s. 578.23, F.S.;
  188         revising recordkeeping requirements relating to seed
  189         labeling; amending s. 578.26, F.S.; conforming
  190         provisions to changes made by the act; specifying that
  191         certain persons may not commence legal proceedings or
  192         make certain claims against a seed dealer before
  193         certain findings and recommendations are transmitted
  194         by the seed investigation and conciliation council to
  195         the complainant and dealer; deleting a requirement
  196         that the department transmit such findings and
  197         recommendations to complainants and dealers; requiring
  198         the department to mail a copy of the council’s
  199         procedures to both parties upon receipt of a
  200         complaint; amending s. 578.27, F.S.; removing
  201         alternate membership from the seed investigation and
  202         conciliation council; revising the terms of members of
  203         the council; conforming provisions to changes made by
  204         the act; revising the purpose of the council; revising
  205         the council’s investigatory process; renumbering and
  206         amending s. 578.28, F.S.; making a technical change;
  207         creating s. 578.29, F.S.; prohibiting certain noxious
  208         weed seed from being offered or exposed for sale;
  209         amending s. 590.02, F.S.; authorizing the Florida
  210         Forest Service to pay certain employees’ initial
  211         commercial driver license examination fees; creating
  212         s. 817.417, F.S.; providing a short title; defining
  213         terms; specifying department duties and
  214         responsibilities relating to government impostor and
  215         deceptive advertisements; requiring rulemaking by the
  216         department; specifying that it is a violation to
  217         disseminate certain misleading or confusing
  218         advertisements, to make certain misleading or
  219         confusing representations, to use content implying or
  220         leading to confusion that such content is from a
  221         governmental entity when such is not true, to fail to
  222         provide certain disclosures, and to fail to provide
  223         certain responses and answers to the department;
  224         requiring a person offering documents that are
  225         available free of charge or at a lesser price from a
  226         governmental entity to provide a certain disclosure;
  227         providing penalties; amending s. 489.105, F.S.;
  228         conforming provisions to changes made by the act;
  229         reenacting s. 527.06(3), F.S., relating to published
  230         standards of the National Fire Protection Association;
  231         providing an effective date.
  232          
  233  Be It Enacted by the Legislature of the State of Florida:
  234  
  235         Section 1. Section 193.461, Florida Statutes, is amended to
  236  read:
  237         193.461 Agricultural lands; classification and assessment;
  238  mandated eradication or quarantine program; natural disasters.—
  239         (1) The property appraiser shall, on an annual basis,
  240  classify for assessment purposes all lands within the county as
  241  either agricultural or nonagricultural.
  242         (2) Any landowner whose land is denied agricultural
  243  classification by the property appraiser may appeal to the value
  244  adjustment board. The property appraiser shall notify the
  245  landowner in writing of the denial of agricultural
  246  classification on or before July 1 of the year for which the
  247  application was filed. The notification shall advise the
  248  landowner of his or her right to appeal to the value adjustment
  249  board and of the filing deadline. The property appraiser shall
  250  have available at his or her office a list by ownership of all
  251  applications received showing the acreage, the full valuation
  252  under s. 193.011, the valuation of the land under the provisions
  253  of this section, and whether or not the classification requested
  254  was granted.
  255         (3)(a) Lands may not be classified as agricultural lands
  256  unless a return is filed on or before March 1 of each year.
  257  Before classifying such lands as agricultural lands, the
  258  property appraiser may require the taxpayer or the taxpayer’s
  259  representative to furnish the property appraiser such
  260  information as may reasonably be required to establish that such
  261  lands were actually used for a bona fide agricultural purpose.
  262  Failure to make timely application by March 1 constitutes a
  263  waiver for 1 year of the privilege granted in this section for
  264  agricultural assessment. However, an applicant who is qualified
  265  to receive an agricultural classification who fails to file an
  266  application by March 1 must file an application for the
  267  classification with the property appraiser on or before the 25th
  268  day after the mailing by the property appraiser of the notice
  269  required under s. 194.011(1). Upon receipt of sufficient
  270  evidence, as determined by the property appraiser, that
  271  demonstrates that the applicant was unable to apply for the
  272  classification in a timely manner or that otherwise demonstrates
  273  extenuating circumstances that warrant the granting of the
  274  classification, the property appraiser may grant the
  275  classification. If the applicant files an application for the
  276  classification and fails to provide sufficient evidence to the
  277  property appraiser as required, the applicant may file, pursuant
  278  to s. 194.011(3), a petition with the value adjustment board
  279  requesting that the classification be granted. The petition may
  280  be filed at any time during the taxable year on or before the
  281  25th day following the mailing of the notice by the property
  282  appraiser as provided in s. 194.011(1). Notwithstanding s.
  283  194.013, the applicant must pay a nonrefundable fee of $15 upon
  284  filing the petition. Upon reviewing the petition, if the person
  285  is qualified to receive the classification and demonstrates
  286  particular extenuating circumstances judged by the value
  287  adjustment board to warrant granting the classification, the
  288  value adjustment board may grant the classification for the
  289  current year. The owner of land that was classified agricultural
  290  in the previous year and whose ownership or use has not changed
  291  may reapply on a short form as provided by the department. The
  292  lessee of property may make original application or reapply
  293  using the short form if the lease, or an affidavit executed by
  294  the owner, provides that the lessee is empowered to make
  295  application for the agricultural classification on behalf of the
  296  owner and a copy of the lease or affidavit accompanies the
  297  application. A county may, at the request of the property
  298  appraiser and by a majority vote of its governing body, waive
  299  the requirement that an annual application or statement be made
  300  for classification of property within the county after an
  301  initial application is made and the classification granted by
  302  the property appraiser. Such waiver may be revoked by a majority
  303  vote of the governing body of the county.
  304         (b) Subject to the restrictions specified in this section,
  305  only lands that are used primarily for bona fide agricultural
  306  purposes shall be classified agricultural. The term “bona fide
  307  agricultural purposes” means good faith commercial agricultural
  308  use of the land.
  309         1. In determining whether the use of the land for
  310  agricultural purposes is bona fide, the following factors may be
  311  taken into consideration:
  312         a. The length of time the land has been so used.
  313         b. Whether the use has been continuous.
  314         c. The purchase price paid.
  315         d. Size, as it relates to specific agricultural use, but a
  316  minimum acreage may not be required for agricultural assessment.
  317         e. Whether an indicated effort has been made to care
  318  sufficiently and adequately for the land in accordance with
  319  accepted commercial agricultural practices, including, without
  320  limitation, fertilizing, liming, tilling, mowing, reforesting,
  321  and other accepted agricultural practices.
  322         f. Whether the land is under lease and, if so, the
  323  effective length, terms, and conditions of the lease.
  324         g. Such other factors as may become applicable.
  325         2. Offering property for sale does not constitute a primary
  326  use of land and may not be the basis for denying an agricultural
  327  classification if the land continues to be used primarily for
  328  bona fide agricultural purposes while it is being offered for
  329  sale.
  330         (c) The maintenance of a dwelling on part of the lands used
  331  for agricultural purposes does shall not in itself preclude an
  332  agricultural classification.
  333         (d) When property receiving an agricultural classification
  334  contains a residence under the same ownership, the portion of
  335  the property consisting of the residence and curtilage must be
  336  assessed separately, pursuant to s. 193.011, to qualify for the
  337  assessment limitation set forth in s. 193.155. The remaining
  338  property may be classified under the provisions of paragraphs
  339  (a) and (b).
  340         (e) Notwithstanding the provisions of paragraph (a), land
  341  that has received an agricultural classification from the value
  342  adjustment board or a court of competent jurisdiction pursuant
  343  to this section is entitled to receive such classification in
  344  any subsequent year until such agricultural use of the land is
  345  abandoned or discontinued, the land is diverted to a
  346  nonagricultural use, or the land is reclassified as
  347  nonagricultural pursuant to subsection (4). The property
  348  appraiser must, no later than January 31 of each year, provide
  349  notice to the owner of land that was classified agricultural in
  350  the previous year informing the owner of the requirements of
  351  this paragraph and requiring the owner to certify that neither
  352  the ownership nor the use of the land has changed. The
  353  department shall, by administrative rule, prescribe the form of
  354  the notice to be used by the property appraiser under this
  355  paragraph. If a county has waived the requirement that an annual
  356  application or statement be made for classification of property
  357  pursuant to paragraph (a), the county may, by a majority vote of
  358  its governing body, waive the notice and certification
  359  requirements of this paragraph and shall provide the property
  360  owner with the same notification provided to owners of land
  361  granted an agricultural classification by the property
  362  appraiser. Such waiver may be revoked by a majority vote of the
  363  county’s governing body. This paragraph does not apply to any
  364  property if the agricultural classification of that property is
  365  the subject of current litigation.
  366         (4) The property appraiser shall reclassify the following
  367  lands as nonagricultural:
  368         (a) Land diverted from an agricultural to a nonagricultural
  369  use.
  370         (b) Land no longer being utilized for agricultural
  371  purposes.
  372         (5) For the purpose of this section, the term “agricultural
  373  purposes” includes, but is not limited to, horticulture;
  374  floriculture; viticulture; forestry; dairy; livestock; poultry;
  375  bee; pisciculture, if the land is used principally for the
  376  production of tropical fish; aquaculture, including algaculture;
  377  sod farming; and all forms of farm products as defined in s.
  378  823.14(3) and farm production.
  379         (6)(a) In years in which proper application for
  380  agricultural assessment has been made and granted pursuant to
  381  this section, the assessment of land shall be based solely on
  382  its agricultural use. The property appraiser shall consider the
  383  following use factors only:
  384         1. The quantity and size of the property;
  385         2. The condition of the property;
  386         3. The present market value of the property as agricultural
  387  land;
  388         4. The income produced by the property;
  389         5. The productivity of land in its present use;
  390         6. The economic merchantability of the agricultural
  391  product; and
  392         7. Such other agricultural factors as may from time to time
  393  become applicable, which are reflective of the standard present
  394  practices of agricultural use and production.
  395         (b) Notwithstanding any provision relating to annual
  396  assessment found in s. 192.042, the property appraiser shall
  397  rely on 5-year moving average data when utilizing the income
  398  methodology approach in an assessment of property used for
  399  agricultural purposes.
  400         (c)1. For purposes of the income methodology approach to
  401  assessment of property used for agricultural purposes,
  402  irrigation systems, including pumps and motors, physically
  403  attached to the land shall be considered a part of the average
  404  yields per acre and shall have no separately assessable
  405  contributory value.
  406         2. Litter containment structures located on producing
  407  poultry farms and animal waste nutrient containment structures
  408  located on producing dairy farms shall be assessed by the
  409  methodology described in subparagraph 1.
  410         3. Structures or improvements used in horticultural
  411  production for frost or freeze protection, which are consistent
  412  with the interim measures or best management practices adopted
  413  by the Department of Agriculture and Consumer Services pursuant
  414  to s. 570.93 or s. 403.067(7)(c), shall be assessed by the
  415  methodology described in subparagraph 1.
  416         4.Screened enclosed structures used in horticultural
  417  production for protection from pests and diseases or to comply
  418  with state or federal eradication or compliance agreements shall
  419  be assessed by the methodology described in subparagraph 1.
  420         (d) In years in which proper application for agricultural
  421  assessment has not been made, the land shall be assessed under
  422  the provisions of s. 193.011.
  423         (7)(a) Lands classified for assessment purposes as
  424  agricultural lands which are taken out of production by a state
  425  or federal eradication or quarantine program, including the
  426  Citrus Health Response Program, shall continue to be classified
  427  as agricultural lands for 5 years after the date of execution of
  428  a compliance agreement between the landowner and the Department
  429  of Agriculture and Consumer Services or a federal agency, as
  430  applicable, pursuant to such program or successor programs.
  431  Lands under these programs which are converted to fallow or
  432  otherwise nonincome-producing uses shall continue to be
  433  classified as agricultural lands and shall be assessed at a de
  434  minimis value of up to $50 per acre on a single-year assessment
  435  methodology while fallow or otherwise used for nonincome
  436  producing purposes. Lands under these programs which are
  437  replanted in citrus pursuant to the requirements of the
  438  compliance agreement shall continue to be classified as
  439  agricultural lands and shall be assessed at a de minimis value
  440  of up to $50 per acre, on a single-year assessment methodology,
  441  during the 5-year term of agreement. However, lands converted to
  442  other income-producing agricultural uses permissible under such
  443  programs shall be assessed pursuant to this section. Land under
  444  a mandated eradication or quarantine program which is diverted
  445  from an agricultural to a nonagricultural use shall be assessed
  446  under s. 193.011.
  447         (b) Lands classified for assessment purposes as
  448  agricultural lands that participate in a dispersed water storage
  449  program pursuant to a contract with the Department of
  450  Environmental Protection or a water management district which
  451  requires flooding of land shall continue to be classified as
  452  agricultural lands for the duration of the inclusion of the
  453  lands in such program or successor programs and shall be
  454  assessed as nonproductive agricultural lands. Land that
  455  participates in a dispersed water storage program that is
  456  diverted from an agricultural to a nonagricultural use shall be
  457  assessed under s. 193.011.
  458         (c)Lands classified for assessment purposes as
  459  agricultural lands which are not being used for agricultural
  460  production as a result of a natural disaster for which a state
  461  of emergency is declared pursuant to s. 252.36, when such
  462  disaster results in the halting of agricultural production, must
  463  continue to be classified as agricultural lands for 5 years
  464  after termination of the emergency declaration. However, if such
  465  lands are diverted from agricultural use to nonagricultural use
  466  during or after the 5-year recovery period, such lands must be
  467  assessed under s. 193.011. This paragraph applies retroactively
  468  to natural disasters that occurred on or after July 1, 2017.
  469         Section 2. Section 252.3569, Florida Statutes, is created
  470  to read:
  471         252.3569Florida state agricultural response team.—The
  472  Legislature finds that the Department of Agriculture and
  473  Consumer Services is the lead agency for animal, agricultural,
  474  and vector issues in the state during an emergency or disaster
  475  situations, as described by the Florida Comprehensive Emergency
  476  Management Plan. Pursuant to this responsibility, there is
  477  established within the department a state agricultural response
  478  team. Duties of the team include, but are not limited to:
  479         (1)Oversight of the emergency management functions of
  480  preparedness, recovery, mitigation, and response with all
  481  agencies and organizations that are involved with the state’s
  482  response activities related to animal, agricultural, and vector
  483  issues;
  484         (2)Development, training, and support of county
  485  agricultural response teams; and
  486         (3)Staffing the Emergency Support Function 17 at the State
  487  Emergency Operations Center and staffing, as necessary, at
  488  county emergency operations centers.
  489         Section 3. Section 316.565, Florida Statutes, is amended to
  490  read:
  491         316.565 Emergency transportation, agricultural products
  492  perishable food; establishment of weight loads, etc.—
  493         (1) The Governor may declare an emergency to exist when
  494  there is a breakdown in the normal public transportation
  495  facilities necessary in moving agricultural products, as defined
  496  in s. 604.60, perishable food crops grown in the state. The
  497  Department of Transportation is authorized during such emergency
  498  to establish such weight loads for hauling over the highways
  499  from the fields or packinghouses to the nearest available public
  500  transportation facility as circumstances demand. The Department
  501  of Transportation may issue, and any law enforcement officer
  502  authorized to enforce the traffic laws of this state must
  503  accept, electronic verification of permits during such an
  504  emergency. A permit issued pursuant to this section is valid for
  505  up to 60 days; however, the validity of the permit may not
  506  exceed the period of the declared state of emergency or any
  507  extension thereof. The Department of Transportation shall
  508  designate special highway routes, excluding the interstate
  509  highway system, to facilitate the trucking and render any other
  510  assistance needed to expedite moving the agricultural products
  511  perishables.
  512         (2) It is the intent of the Legislature in this chapter to
  513  supersede any existing laws when necessary to protect and save
  514  any agricultural products perishable food crops grown in the
  515  state and give authority for agencies to provide necessary
  516  temporary assistance requested during any such emergency. The
  517  department shall consult with the Department of Agriculture and
  518  Consumer Services and stakeholders in the agricultural industry
  519  in implementing this section.
  520         Section 4. Paragraphs (b), (d), and (i) of subsection (5)
  521  of section 379.361, Florida Statutes, are amended to read:
  522         379.361 Licenses.—
  523         (5) APALACHICOLA BAY OYSTER HARVESTING LICENSE.—
  524         (b) A No person may not shall harvest oysters from the
  525  Apalachicola Bay without a valid Apalachicola Bay oyster
  526  harvesting license issued by the City of Apalachicola Department
  527  of Agriculture and Consumer Services. This requirement does
  528  shall not apply to anyone harvesting noncommercial quantities of
  529  oysters in accordance with commission rules, or to any person
  530  less than 18 years old.
  531         (d) The City of Apalachicola Department of Agriculture and
  532  Consumer Services shall collect an annual fee of $100 from state
  533  residents and $500 from nonresidents for the issuance of an
  534  Apalachicola Bay oyster harvesting license. The license year
  535  shall begin on July 1 of each year and end on June 30 of the
  536  following year. The license shall be valid only for the
  537  licensee. Only bona fide residents of the state Florida may
  538  obtain a resident license pursuant to this subsection.
  539         (i) The proceeds from Apalachicola Bay oyster harvesting
  540  license fees shall be deposited by the City of Apalachicola into
  541  a trust account in the General Inspection Trust Fund and, less
  542  reasonable administrative costs, must shall be used or
  543  distributed by the City of Apalachicola Department of
  544  Agriculture and Consumer Services for the following purposes in
  545  Apalachicola Bay:
  546         1. An Apalachicola Bay oyster shell recycling program
  547  Relaying and transplanting live oysters.
  548         2. Shell planting to construct or rehabilitate oyster bars.
  549         3. Education programs for licensed oyster harvesters on
  550  oyster biology, aquaculture, boating and water safety,
  551  sanitation, resource conservation, small business management,
  552  marketing, and other relevant subjects.
  553         4. Research directed toward the enhancement of oyster
  554  production in the bay and the water management needs of the bay.
  555         Section 5. Paragraphs (a), (b), and (i) of subsection (1)
  556  of section 487.041, Florida Statutes, are amended to read:
  557         487.041 Registration.—
  558         (1)(a) Effective January 1, 2009, Each brand of pesticide,
  559  as defined in s. 487.021, which is distributed, sold, or offered
  560  for sale, except as provided in this section, within this state
  561  or delivered for transportation or transported in intrastate
  562  commerce or between points within this state through any point
  563  outside this state must be registered in the office of the
  564  department, and such registration shall be renewed biennially.
  565  Emergency exemptions from registration may be authorized in
  566  accordance with the rules of the department. The registrant
  567  shall file with the department a statement including:
  568         1. The name, business mailing address, and street address
  569  of the registrant.
  570         2. The name of the brand of pesticide.
  571         3. An ingredient statement and a complete current copy of
  572  the labeling accompanying the brand of pesticide, which must
  573  conform to the registration, and a statement of all claims to be
  574  made for it, including directions for use and a guaranteed
  575  analysis showing the names and percentages by weight of each
  576  active ingredient, the total percentage of inert ingredients,
  577  and the names and percentages by weight of each “added
  578  ingredient.”
  579         (b) Effective January 1, 2009, For the purpose of defraying
  580  expenses of the department in connection with carrying out the
  581  provisions of this part, each registrant shall pay a biennial
  582  registration fee for each registered brand of pesticide. The
  583  registration of each brand of pesticide shall cover a designated
  584  2-year period beginning on January 1 of each odd-numbered year
  585  and expiring on December 31 of the following year.
  586         (i)Effective January 1, 2013, all payments of any
  587  pesticide registration fees, including late fees, shall be
  588  submitted electronically using the department’s Internet website
  589  for registration of pesticide product brands.
  590         Section 6. Subsection (19) is added to section 496.415,
  591  Florida Statutes, to read:
  592         496.415 Prohibited acts.—It is unlawful for any person in
  593  connection with the planning, conduct, or execution of any
  594  solicitation or charitable or sponsor sales promotion to:
  595         (19)Commingle charitable contributions with noncharitable
  596  funds.
  597         Section 7. Section 496.418, Florida Statutes, is amended to
  598  read:
  599         496.418 Recordkeeping and accounting Records.—
  600         (1)Each charitable organization, sponsor, professional
  601  fundraising consultant, and professional solicitor that collects
  602  or takes control or possession of contributions made for a
  603  charitable purpose must keep records to permit accurate
  604  reporting and auditing as required by law, must not commingle
  605  contributions with noncharitable funds as specified in s.
  606  496.415(19), and must be able to account for the funds. When
  607  expenditures are not properly documented and disclosed by
  608  records, there exists a rebuttable presumption that the
  609  charitable organization, sponsor, professional fundraising
  610  consultant, or professional solicitor did not properly expend
  611  such funds. Noncharitable funds include any funds that are not
  612  used or intended to be used for the operation of the charity or
  613  for charitable purposes.
  614         (2) Each charitable organization, sponsor, professional
  615  fundraising consultant, and professional solicitor must keep for
  616  a period of at least 3 years true and accurate records as to its
  617  activities in this state which are covered by ss. 496.401
  618  496.424. The records must be made available, without subpoena,
  619  to the department for inspection and must be furnished no later
  620  than 10 working days after requested.
  621         Section 8. Paragraph (b) of subsection (3) and paragraph
  622  (i) of subsection (5) of section 500.459, Florida Statutes, are
  623  amended to read:
  624         500.459 Water vending machines.—
  625         (3) PERMITTING REQUIREMENTS.—
  626         (b) An application for an operating permit must be made in
  627  writing to the department on forms provided by the department
  628  and must be accompanied by a fee as provided in subsection (4).
  629  The application must state the location of each water vending
  630  machine, the source of the water to be vended, the treatment the
  631  water will receive prior to being vended, and any other
  632  information considered necessary by the department.
  633         (5) OPERATING STANDARDS.—
  634         (i) The operator shall place on each water vending machine,
  635  in a position clearly visible to customers, the following
  636  information: the name and address of the operator; the operating
  637  permit number; the fact that the water is obtained from a public
  638  water supply; the method of treatment used; the method of
  639  postdisinfection used; and a local or toll-free telephone number
  640  that may be called for obtaining further information, reporting
  641  problems, or making complaints.
  642         Section 9. Paragraph (g) of subsection (1) of section
  643  501.059, Florida Statutes, is amended, and paragraph (i) is
  644  added to that subsection, and subsection (5), paragraph (c) of
  645  subsection (8), and subsection (9) of that section are amended,
  646  to read:
  647         501.059 Telephone solicitation.—
  648         (1) As used in this section, the term:
  649         (g) “Telephonic sales call” means a telephone call, or text
  650  message, or voicemail transmission to a consumer for the purpose
  651  of soliciting a sale of any consumer goods or services,
  652  soliciting an extension of credit for consumer goods or
  653  services, or obtaining information that will or may be used for
  654  the direct solicitation of a sale of consumer goods or services
  655  or an extension of credit for such purposes.
  656         (i)“Voicemail transmission” means technologies that
  657  deliver a voice message directly to a voicemail application,
  658  service, or device.
  659         (5) A telephone solicitor or other person may not initiate
  660  an outbound telephone call, or text message, or voicemail
  661  transmission to a consumer, business, or donor or potential
  662  donor who has previously communicated to the telephone solicitor
  663  or other person that he or she does not wish to receive an
  664  outbound telephone call, or text message, or voicemail
  665  transmission:
  666         (a) Made by or on behalf of the seller whose goods or
  667  services are being offered; or
  668         (b) Made on behalf of a charitable organization for which a
  669  charitable contribution is being solicited.
  670         (8)
  671         (c) It shall be unlawful for any person who makes a
  672  telephonic sales call or causes a telephonic sales call to be
  673  made to fail to transmit or cause not to be transmitted the
  674  originating telephone number and, when made available by the
  675  telephone solicitor’s carrier, the name of the telephone
  676  solicitor to any caller identification service in use by a
  677  recipient of a telephonic sales call. However, it shall not be a
  678  violation to substitute, for the name and telephone number used
  679  in or billed for making the call, the name of the seller on
  680  behalf of which a telephonic sales call is placed and the
  681  seller’s customer service telephone number, which is answered
  682  during regular business hours. If a telephone number is made
  683  available through a caller identification service as a result of
  684  a telephonic sales call, the solicitor must ensure that
  685  telephone number is capable of receiving telephone calls and
  686  must connect the original call recipient, upon calling such
  687  number, to the telephone solicitor or to the seller on behalf of
  688  which a telephonic sales call was placed. For purposes of this
  689  section, the term “caller identification service” means a
  690  service that allows a telephone subscriber to have the telephone
  691  number and, where available, the name of the calling party
  692  transmitted contemporaneously with the telephone call and
  693  displayed on a device in or connected to the subscriber’s
  694  telephone.
  695         (9)(a) The department shall investigate any complaints
  696  received concerning violations of this section. If, after
  697  investigating a complaint, the department finds that there has
  698  been a violation of this section, the department or the
  699  Department of Legal Affairs may bring an action to impose a
  700  civil penalty and to seek other relief, including injunctive
  701  relief, as the court deems appropriate against the telephone
  702  solicitor. The civil penalty shall be in the Class IV III
  703  category pursuant to s. 570.971 for each violation and shall be
  704  deposited in the General Inspection Trust Fund if the action or
  705  proceeding was brought by the department, or the Legal Affairs
  706  Revolving Trust Fund if the action or proceeding was brought by
  707  the Department of Legal Affairs. This civil penalty may be
  708  recovered in any action brought under this part by the
  709  department, or the department may terminate any investigation or
  710  action upon agreement by the person to pay a stipulated civil
  711  penalty. The department or the court may waive any civil penalty
  712  if the person has previously made full restitution or
  713  reimbursement or has paid actual damages to the consumers who
  714  have been injured by the violation.
  715         (b) The department may, as an alternative to the civil
  716  penalties provided in paragraph (a), impose an administrative
  717  fine in the Class III I category pursuant to s. 570.971 for each
  718  act or omission that constitutes a violation of this section. An
  719  administrative proceeding that could result in the entry of an
  720  order imposing an administrative penalty must be conducted
  721  pursuant to chapter 120.
  722         Section 10. Section 501.6175, Florida Statutes, is created
  723  to read:
  724         501.6175Recordkeeping.—A commercial telephone seller shall
  725  keep all of the following information for 2 years after the date
  726  the information first becomes part of the seller’s business
  727  records:
  728         (1)The name and telephone number of each consumer
  729  contacted by a telephone sales call.
  730         (2)All express requests authorizing the telephone
  731  solicitor to contact the consumer.
  732         (3)Any script, outline, or presentation the applicant
  733  requires or suggests a salesperson use when soliciting; sales
  734  information or literature to be provided by the commercial
  735  telephone seller to a salesperson; and sales information or
  736  literature to be provided by the commercial telephone seller to
  737  a consumer in connection with any solicitation.
  738  
  739  Within 10 days of an oral or written request by the department,
  740  including a written request transmitted by electronic mail, a
  741  commercial telephone seller must make the records it keeps
  742  pursuant to this section available for inspection and copying by
  743  the department during the department’s normal business hours.
  744  This section does not limit the department’s ability to inspect
  745  and copy material pursuant to any other law.
  746         Section 11. Section 501.912, Florida Statutes, is amended
  747  to read:
  748         501.912 Definitions.—As used in ss. 501.91-501.923:
  749         (1) “Antifreeze” means any substance or preparation,
  750  including, but not limited to, antifreeze-coolant, antifreeze
  751  and summer coolant, or summer coolant, that is sold,
  752  distributed, or intended for use:
  753         (a) As the cooling liquid, or to be added to the cooling
  754  liquid, in the cooling system of internal combustion engines of
  755  motor vehicles to prevent freezing of the cooling liquid or to
  756  lower its freezing point; or
  757         (b)To raise the boiling point of water or for the
  758  prevention of engine overheating, whether or not the liquid is
  759  used as a year-round cooling system fluid.
  760         (2)“Antifreeze-coolant,” “antifreeze and summer coolant,”
  761  or “summer coolant” means any substance as defined in subsection
  762  (1) which also is sold, distributed, or intended for raising the
  763  boiling point of water or for the prevention of engine
  764  overheating whether or not used as a year-round cooling system
  765  fluid. Unless otherwise stated, the term “antifreeze” includes
  766  “antifreeze,” “antifreeze-coolant,” “antifreeze and summer
  767  coolant,” and “summer coolant.”
  768         (2)(3) “Department” means the Department of Agriculture and
  769  Consumer Services.
  770         (3)(4) “Distribute” means to hold with an intent to sell,
  771  offer for sale, sell, barter, or otherwise supply to the
  772  consumer.
  773         (4)(5) “Package” means a sealed, tamperproof retail
  774  package, drum, or other container designed for the sale of
  775  antifreeze directly to the consumer or a container from which
  776  the antifreeze may be installed directly by the seller into the
  777  cooling system. However, this term, but does not include
  778  shipping containers containing properly labeled inner
  779  containers.
  780         (5)(6) “Label” means any display of written, printed, or
  781  graphic matter on, or attached to, a package or to the outside
  782  individual container or wrapper of the package.
  783         (6)(7) “Labeling” means the labels and any other written,
  784  printed, or graphic matter accompanying a package.
  785         Section 12. Section 501.913, Florida Statutes, is amended
  786  to read:
  787         501.913 Registration.—
  788         (1) Each brand of antifreeze to be distributed in this
  789  state must shall be registered with the department before
  790  distribution. The person whose name appears on the label, the
  791  manufacturer, or the packager shall make application annually or
  792  biennially to the department on forms provided by the
  793  department. The registration certificate expires shall expire 12
  794  or 24 months after the date of issue, as indicated on the
  795  registration certificate. The registrant assumes, by application
  796  to register the brand, full responsibility for the registration,
  797  quality, and quantity of the product sold, offered, or exposed
  798  for sale in this state. If a registered brand is not in
  799  production for distribution in this state and to ensure any
  800  remaining product that is still available for sale in the state
  801  is properly registered, the registrant must submit a notarized
  802  affidavit on company letterhead to the department certifying
  803  that:
  804         (a)The stated brand is no longer in production;
  805         (b)The stated brand will not be distributed in this state;
  806  and
  807         (c)All existing product of the stated brand will be
  808  removed by the registrant from the state within 30 days after
  809  expiration of the registration or the registrant will reregister
  810  the brand for two subsequent registration periods.
  811  
  812  If production resumes, the brand must be reregistered before it
  813  is distributed in this state.
  814         (2) The completed application shall be accompanied by:
  815         (a) Specimens or copies facsimiles of the label for each
  816  brand of antifreeze;
  817         (b) An application fee of $200 for a 12-month registration
  818  or $400 for a 24-month registration for each brand of
  819  antifreeze; and
  820         (c) For first-time applications, a certified report from an
  821  independent testing laboratory, dated no more than 6 months
  822  before the registration application, providing analysis showing
  823  that the antifreeze conforms to minimum standards required for
  824  antifreeze by this part or rules of the department and is not
  825  adulterated A properly labeled sample of between 1 and 2 gallons
  826  for each brand of antifreeze.
  827         (3) The department may analyze or inspect the antifreeze to
  828  ensure that it:
  829         (a) Meets the labeling claims;
  830         (b) Conforms to minimum standards required for antifreeze
  831  by this part chapter or rules of the department; and
  832         (c) Is not adulterated as prescribed for antifreeze by this
  833  part chapter.
  834         (4)(a) If the registration requirements are met, and, if
  835  the antifreeze meets the minimum standards, is not adulterated,
  836  and meets the labeling claims, the department shall issue a
  837  certificate of registration authorizing the distribution of that
  838  antifreeze in the state for the permit period year.
  839         (b) If registration requirements are not met, or, if the
  840  antifreeze fails to meet the minimum standards, is adulterated,
  841  or fails to meet the labeling claims, the department shall
  842  refuse to register the antifreeze.
  843         Section 13. Section 501.917, Florida Statutes, is amended
  844  to read:
  845         501.917 Inspection by department; sampling and analysis.
  846  The department has shall have the right to have access at
  847  reasonable hours to all places and property where antifreeze is
  848  stored, distributed, or offered or intended to be offered for
  849  sale, including the right to inspect and examine all antifreeze
  850  and to take reasonable samples of antifreeze for analysis
  851  together with specimens of labeling. Collected samples must be
  852  analyzed by the department. The certificate of analysis by the
  853  department shall be prima facie evidence of the facts stated
  854  therein in any legal proceeding in this state All samples taken
  855  shall be properly sealed and sent to a laboratory designated by
  856  the department for examination together with all labeling
  857  pertaining to such samples. It shall be the duty of said
  858  laboratory to examine promptly all samples received in
  859  connection with the administration and enforcement of this act.
  860         Section 14. Section 501.92, Florida Statutes, is amended to
  861  read:
  862         501.92 Formula may be required.—The department may, if
  863  required for the analysis of antifreeze by the laboratory
  864  designated by the department for the purpose of registration,
  865  require the applicant to furnish a statement of the formula of
  866  such antifreeze, unless the applicant can furnish other
  867  satisfactory evidence that such antifreeze is not adulterated or
  868  misbranded. Such statement need not include inhibitor or other
  869  minor ingredients which total less than 5 percent by weight of
  870  the antifreeze; and, if over 5 percent, the composition of the
  871  inhibitor and such other ingredients may be given in generic
  872  terms.
  873         Section 15. Paragraph (e) of subsection (10) of section
  874  525.07, Florida Statutes, is redesignated as paragraph (f), and
  875  a new paragraph (e) is added to that subsection, to read:
  876         525.07 Powers and duties of department; inspections;
  877  unlawful acts.—
  878         (10)
  879         (e)The department may seize without warrant any skimming
  880  device, as defined in s. 817.625, for use as evidence.
  881         Section 16. Subsection (4) is added to section 526.304,
  882  Florida Statutes, to read:
  883         526.304 Predatory practices unlawful; exceptions.—
  884         (4) The Department of Agriculture and Consumer Services may
  885  by emergency order, in furtherance of executing emergency plans
  886  or to aid in the recovery of an emergency-impacted area,
  887  temporarily suspend enforcement of this section during a state
  888  of emergency declared pursuant to s. 252.36.
  889         Section 17. Subsection (6) is added to section 526.305,
  890  Florida Statutes, to read:
  891         526.305 Discriminatory practices unlawful; exceptions.—
  892         (6) The Department of Agriculture and Consumer Services may
  893  by emergency order, in furtherance of executing emergency plans
  894  or to aid in the recovery of an emergency-impacted area,
  895  temporarily suspend enforcement of this section during a state
  896  of emergency declared pursuant to s. 252.36.
  897         Section 18. Subsection (1) of section 526.51, Florida
  898  Statutes, is amended to read:
  899         526.51 Registration; renewal and fees; departmental
  900  expenses; cancellation or refusal to issue or renew.—
  901         (1)(a) Application for registration of each brand of brake
  902  fluid shall be made on forms supplied by the department. The
  903  applicant shall give his or her name and address and the brand
  904  name of the brake fluid, state that he or she owns the brand
  905  name and has complete control over the product sold thereunder
  906  in this state, and provide the name and address of the resident
  907  agent in this state. If the applicant does not own the brand
  908  name but wishes to register the product with the department, a
  909  notarized affidavit that gives the applicant full authorization
  910  to register the brand name and that is signed by the owner of
  911  the brand name must accompany the application for registration.
  912  The affidavit must include all affected brand names, the owner’s
  913  company or corporate name and address, the applicant’s company
  914  or corporate name and address, and a statement from the owner
  915  authorizing the applicant to register the product with the
  916  department. The owner of the brand name shall maintain complete
  917  control over each product sold under that brand name in this
  918  state.
  919         (b)The completed application must be accompanied by the
  920  following:
  921         1.Specimens or copies of the label for each brand of brake
  922  fluid.
  923         2.An application fee of $50 for a 12-month registration or
  924  $100 for a 24-month registration for each brand of brake fluid.
  925         3.For All first-time applications for a brand and formula
  926  combination, must be accompanied by a certified report from an
  927  independent testing laboratory, dated no more than 6 months
  928  before the registration application, setting forth the analysis
  929  of the brake fluid which shows its quality to be not less than
  930  the specifications established by the department for brake
  931  fluids. A sample of not less than 24 fluid ounces of brake fluid
  932  shall be submitted, in a container with a label printed in the
  933  same manner that it will be labeled when sold, and the sample
  934  and container shall be analyzed and inspected by the department
  935  in order that compliance with the department’s specifications
  936  and labeling requirements may be verified.
  937  
  938  Upon approval of the application, the department shall register
  939  the brand name of the brake fluid and issue to the applicant a
  940  permit authorizing the registrant to sell the brake fluid in
  941  this state. The registration certificate expires shall expire 12
  942  or 24 months after the date of issue, as indicated on the
  943  registration certificate.
  944         (c)(b)Each applicant shall pay a fee of $100 with each
  945  application. A permit may be renewed by application to the
  946  department, accompanied by a renewal fee of $50 for a 12-month
  947  registration, or $100 for a 24-month registration, on or before
  948  the expiration of the previously issued permit. To reregister a
  949  previously registered brand and formula combination, an
  950  applicant must submit a completed application and all materials
  951  as required in this section to the department before the
  952  expiration of the previously issued permit. A brand and formula
  953  combination for which a completed application and all materials
  954  required in this section are not received before the expiration
  955  of the previously issued permit may not be registered with the
  956  department until a completed application and all materials
  957  required in this section have been received and approved. If the
  958  brand and formula combination was previously registered with the
  959  department and a fee, application, or materials required in this
  960  section are received after the expiration of the previously
  961  issued permit, a penalty of $25 accrues, which shall be added to
  962  the fee. Renewals shall be accepted only on brake fluids that
  963  have no change in formula, composition, or brand name. Any
  964  change in formula, composition, or brand name of a brake fluid
  965  constitutes a new product that must be registered in accordance
  966  with this part.
  967         (c)If a registered brand and formula combination is no
  968  longer in production for distribution in this state, in order to
  969  ensure that any remaining product still available for sale in
  970  this state is properly registered, the registrant must submit a
  971  notarized affidavit on company letterhead to the department
  972  certifying that:
  973         1.The stated brand and formula combination is no longer in
  974  production;
  975         2.The stated brand and formula combination will not be
  976  distributed in this state; and
  977         3.Either all existing product of the stated brand and
  978  formula combination will be removed by the registrant from the
  979  state within 30 days after the expiration of the registration or
  980  that the registrant will reregister the brand and formula
  981  combination for 2 subsequent years.
  982  
  983  If production resumes, the brand and formula combination must be
  984  reregistered before it is again distributed in this state.
  985         Section 19. Subsection (1) of section 526.53, Florida
  986  Statutes, is amended to read:
  987         526.53 Enforcement; inspection and analysis, stop-sale and
  988  disposition, regulations.—
  989         (1) The department shall enforce the provisions of this
  990  part through the department, and may sample, inspect, analyze,
  991  and test any brake fluid manufactured, packed, or sold within
  992  this state. Collected samples must be analyzed by the
  993  department. The certificate of analysis by the department shall
  994  be prima facie evidence of the facts stated therein in any legal
  995  proceeding in this state. The department has shall have free
  996  access during business hours to all premises, buildings,
  997  vehicles, cars, or vessels used in the manufacture, packing,
  998  storage, sale, or transportation of brake fluid, and may open
  999  any box, carton, parcel, or container of brake fluid and take
 1000  samples for inspection and analysis or for evidence.
 1001         Section 20. Section 527.01, Florida Statutes, is amended to
 1002  read:
 1003         527.01 Definitions.—As used in this chapter:
 1004         (1) “Liquefied petroleum gas” means any material which is
 1005  composed predominantly of any of the following hydrocarbons, or
 1006  mixtures of the same: propane, propylene, butanes (normal butane
 1007  or isobutane), and butylenes.
 1008         (2) “Person” means any individual, firm, partnership,
 1009  corporation, company, association, organization, or cooperative.
 1010         (3) “Ultimate Consumer” means the person last purchasing
 1011  liquefied petroleum gas in its liquid or vapor state for
 1012  industrial, commercial, or domestic use.
 1013         (4) “Department” means the Department of Agriculture and
 1014  Consumer Services.
 1015         (5) “Qualifier” means any person who has passed a
 1016  competency examination administered by the department and is
 1017  employed by a licensed category I, category II, or category V
 1018  business. in one or more of the following classifications:
 1019         (a)Category I liquefied petroleum gas dealer.
 1020         (b)Category II liquefied petroleum gas dispenser.
 1021         (c)LP gas installer.
 1022         (d)Specialty installer.
 1023         (e)Requalifier of cylinders.
 1024         (f)Fabricator, repairer, and tester of vehicles and cargo
 1025  tanks.
 1026         (g)Category IV liquefied petroleum gas dispensing unit
 1027  operator and recreational vehicle servicer.
 1028         (h)Category V liquefied petroleum gases dealer for
 1029  industrial uses only.
 1030         (6) “Category I liquefied petroleum gas dealer” means any
 1031  person selling or offering to sell by delivery or at a
 1032  stationary location any liquefied petroleum gas to the ultimate
 1033  consumer for industrial, commercial, or domestic use; any person
 1034  leasing or offering to lease, or exchanging or offering to
 1035  exchange, any apparatus, appliances, and equipment for the use
 1036  of liquefied petroleum gas; any person installing, servicing,
 1037  altering, or modifying apparatus, piping, tubing, appliances,
 1038  and equipment for the use of liquefied petroleum or natural gas;
 1039  any person installing carburetion equipment; or any person
 1040  requalifying cylinders.
 1041         (7) “Category II liquefied petroleum gas dispenser” means
 1042  any person engaging in the business of operating a liquefied
 1043  petroleum gas dispensing unit for the purpose of serving liquid
 1044  products to the ultimate consumer for industrial, commercial, or
 1045  domestic use, and selling or offering to sell, or leasing or
 1046  offering to lease, apparatus, appliances, and equipment for the
 1047  use of liquefied petroleum gas, including maintaining a cylinder
 1048  storage rack at the licensed business location for the purpose
 1049  of storing cylinders filled by the licensed business for sale or
 1050  use at a later date.
 1051         (8) “Category III liquefied petroleum gas cylinder exchange
 1052  operator” means any person operating a storage facility used for
 1053  the purpose of storing filled propane cylinders of not more than
 1054  43.5 pounds propane capacity or 104 pounds water capacity, while
 1055  awaiting sale to the ultimate consumer, or a facility used for
 1056  the storage of empty or filled containers which have been
 1057  offered for exchange.
 1058         (9) “Category IV dealer in appliances and equipment
 1059  liquefied petroleum gas dispenser and recreational vehicle
 1060  servicer” means any person selling or offering to sell, or
 1061  leasing or offering to lease, apparatus, appliances, and
 1062  equipment for the use of liquefied petroleum gas engaging in the
 1063  business of operating a liquefied petroleum gas dispensing unit
 1064  for the purpose of serving liquid product to the ultimate
 1065  consumer for industrial, commercial, or domestic use, and
 1066  selling or offering to sell, or leasing or offering to lease,
 1067  apparatus, appliances, and equipment for the use of liquefied
 1068  petroleum gas, and whose services include the installation,
 1069  service, or repair of recreational vehicle liquefied petroleum
 1070  gas appliances and equipment.
 1071         (10) “Category V LP gas installer” means any person who is
 1072  engaged in the liquefied petroleum gas business and whose
 1073  services include the installation, servicing, altering, or
 1074  modifying of apparatus, piping, tubing, tanks, and equipment for
 1075  the use of liquefied petroleum or natural gas and selling or
 1076  offering to sell, or leasing or offering to lease, apparatus,
 1077  appliances, and equipment for the use of liquefied petroleum or
 1078  natural gas.
 1079         (11) “Category VI miscellaneous operator” means any person
 1080  who is engaged in operation as a manufacturer of LP gas
 1081  appliances and equipment; a fabricator, repairer, and tester of
 1082  vehicles and cargo tanks; a requalifier of LP gas cylinders; or
 1083  a pipeline system operator Specialty installer” means any person
 1084  involved in the installation, service, or repair of liquefied
 1085  petroleum or natural gas appliances and equipment, and selling
 1086  or offering to sell, or leasing or offering to lease, apparatus,
 1087  appliances, and equipment for the use of liquefied petroleum
 1088  gas, whose activities are limited to specific types of
 1089  appliances and equipment as designated by department rule.
 1090         (12)“Dealer in appliances and equipment for use of
 1091  liquefied petroleum gas” means any person selling or offering to
 1092  sell, or leasing or offering to lease, apparatus, appliances,
 1093  and equipment for the use of liquefied petroleum gas.
 1094         (12)(13) “Manufacturer of liquefied petroleum gas
 1095  appliances and equipment” means any person in this state
 1096  manufacturing and offering for sale or selling tanks, cylinders,
 1097  or other containers and necessary appurtenances for use in the
 1098  storage, transportation, or delivery of such gas to the ultimate
 1099  consumer, or manufacturing and offering for sale or selling
 1100  apparatus, appliances, and equipment for the use of liquefied
 1101  petroleum gas to the ultimate consumer.
 1102         (13)(14) “Wholesaler” means any person, as defined by
 1103  subsection (2), selling or offering to sell any liquefied
 1104  petroleum gas for industrial, commercial, or domestic use to any
 1105  person except the ultimate consumer.
 1106         (14)(15) “Requalifier of cylinders” means any person
 1107  involved in the retesting, repair, qualifying, or requalifying
 1108  of liquefied petroleum gas tanks or cylinders manufactured under
 1109  specifications of the United States Department of Transportation
 1110  or former Interstate Commerce Commission.
 1111         (15)(16) “Fabricator, repairer, and tester of vehicles and
 1112  cargo tanks” means any person involved in the hydrostatic
 1113  testing, fabrication, repair, or requalifying of any motor
 1114  vehicles or cargo tanks used for the transportation of liquefied
 1115  petroleum gases, when such tanks are permanently attached to or
 1116  forming a part of the motor vehicle.
 1117         (17)“Recreational vehicle” means a motor vehicle designed
 1118  to provide temporary living quarters for recreational, camping,
 1119  or travel use, which has its own propulsion or is mounted on or
 1120  towed by another motor vehicle.
 1121         (16)(18) “Pipeline system operator” means any person who
 1122  owns or operates a liquefied petroleum gas pipeline system that
 1123  is used to transmit liquefied petroleum gas from a common source
 1124  to the ultimate customer and that serves 10 or more customers.
 1125         (19)“Category V liquefied petroleum gases dealer for
 1126  industrial uses only” means any person engaged in the business
 1127  of filling, selling, and transporting liquefied petroleum gas
 1128  containers for use in welding, forklifts, or other industrial
 1129  applications.
 1130         (17)(20) “License period year” means the period 1 to 3
 1131  years from the issuance of the license from September 1 through
 1132  the following August 31, or April 1 through the following March
 1133  31, depending upon the type of license.
 1134         Section 21. Section 527.02, Florida Statutes, is amended to
 1135  read:
 1136         527.02 License; penalty; fees.—
 1137         (1) It is unlawful for any person to engage in this state
 1138  in the activities defined in s. 527.01(6) through (11) of a
 1139  pipeline system operator, category I liquefied petroleum gas
 1140  dealer, category II liquefied petroleum gas dispenser, category
 1141  III liquefied petroleum gas cylinder exchange operator, category
 1142  IV liquefied petroleum gas dispenser and recreational vehicle
 1143  servicer, category V liquefied petroleum gas dealer for
 1144  industrial uses only, LP gas installer, specialty installer,
 1145  dealer in liquefied petroleum gas appliances and equipment,
 1146  manufacturer of liquefied petroleum gas appliances and
 1147  equipment, requalifier of cylinders, or fabricator, repairer,
 1148  and tester of vehicles and cargo tanks without first obtaining
 1149  from the department a license to engage in one or more of these
 1150  businesses. The sale of liquefied petroleum gas cylinders with a
 1151  volume of 10 pounds water capacity or 4.2 pounds liquefied
 1152  petroleum gas capacity or less is exempt from the requirements
 1153  of this chapter. It is a felony of the third degree, punishable
 1154  as provided in s. 775.082, s. 775.083, or s. 775.084, to
 1155  intentionally or willfully engage in any of said activities
 1156  without first obtaining appropriate licensure from the
 1157  department.
 1158         (2) Each business location of a person having multiple
 1159  locations must shall be separately licensed and must meet the
 1160  requirements of this section. Such license shall be granted to
 1161  any applicant determined by the department to be competent,
 1162  qualified, and trustworthy who files with the department a
 1163  surety bond, insurance affidavit, or other proof of insurance,
 1164  as hereinafter specified, and pays for such license the
 1165  following annual license original application fee for new
 1166  licenses and annual renewal fees for existing licenses:
 1167  
 1168  License Category     License OriginalApplication Fee Per Year    RenewalFee     
 1169  Category I liquefiedpetroleum gasdealer         $400 $525                $425        
 1170  Category II liquefiedpetroleum gasdispenser         $400 525                  375        
 1171  Category IIIliquefied petroleumgas cylinderexchange unitoperator          $65 100                  65         
 1172  Category IVdealer in appliances and equipmentliquefied petroleumgas dispenser andrecreational vehicleservicer          $65 525                  400        
 1173  Category V LP gas installer liquefiedpetroleum gasesdealer for industrialuses only         $200 300                  200        
 1174  Category VI miscellaneous operator LP gasinstaller         $200 300                  200        
 1175  Specialtyinstaller               300                    200        
 1176  Dealer in appliances and equipmentfor use of liquefiedpetroleum gas            50                     45         
 1177  Manufacturer ofliquefied petroleumgas appliances andequipment            525                    375        
 1178  Requalifier ofcylinders            525                    375        
 1179  Fabricator, repairer,and tester ofvehicles andcargo tanks            525                    375        
 1180  
 1181  
 1182         (3)(a) An applicant for an original license who submits an
 1183  application during the last 6 months of the license year may
 1184  have the original license fee reduced by one-half for the 6
 1185  month period. This provision applies only to those companies
 1186  applying for an original license and may not be applied to
 1187  licensees who held a license during the previous license year
 1188  and failed to renew the license. The department may refuse to
 1189  issue an initial license to an applicant who is under
 1190  investigation in any jurisdiction for an action that would
 1191  constitute a violation of this chapter until such time as the
 1192  investigation is complete.
 1193         (b) The department shall waive the initial license fee for
 1194  1 year for an honorably discharged veteran of the United States
 1195  Armed Forces, the spouse of such a veteran, or a business entity
 1196  that has a majority ownership held by such a veteran or spouse
 1197  if the department receives an application, in a format
 1198  prescribed by the department, within 60 months after the date of
 1199  the veteran’s discharge from any branch of the United States
 1200  Armed Forces. To qualify for the waiver, a veteran must provide
 1201  to the department a copy of his or her DD Form 214, as issued by
 1202  the United States Department of Defense or another acceptable
 1203  form of identification as specified by the Department of
 1204  Veterans’ Affairs; the spouse of a veteran must provide to the
 1205  department a copy of the veteran’s DD Form 214, as issued by the
 1206  United States Department of Defense, or another acceptable form
 1207  of identification as specified by the Department of Veterans’
 1208  Affairs, and a copy of a valid marriage license or certificate
 1209  verifying that he or she was lawfully married to the veteran at
 1210  the time of discharge; or a business entity must provide to the
 1211  department proof that a veteran or the spouse of a veteran holds
 1212  a majority ownership in the business, a copy of the veteran’s DD
 1213  Form 214, as issued by the United States Department of Defense,
 1214  or another acceptable form of identification as specified by the
 1215  Department of Veterans’ Affairs, and, if applicable, a copy of a
 1216  valid marriage license or certificate verifying that the spouse
 1217  of the veteran was lawfully married to the veteran at the time
 1218  of discharge.
 1219         (4) Any licensee submitting a material change in their
 1220  information for licensing, before the date for renewal, must
 1221  submit such change to the department in the manner prescribed by
 1222  the department, along with a fee in the amount of $10 Any person
 1223  applying for a liquefied petroleum gas license as a specialty
 1224  installer, as defined by s. 527.01(11), shall upon application
 1225  to the department identify the specific area of work to be
 1226  performed. Upon completion of all license requirements set forth
 1227  in this chapter, the department shall issue the applicant a
 1228  license specifying the scope of work, as identified by the
 1229  applicant and defined by rule of the department, for which the
 1230  person is authorized.
 1231         (5)The license fee for a pipeline system operator shall be
 1232  $100 per system owned or operated by the person, not to exceed
 1233  $400 per license year. Such license fee applies only to a
 1234  pipeline system operator who owns or operates a liquefied
 1235  petroleum gas pipeline system that is used to transmit liquefied
 1236  petroleum gas from a common source to the ultimate customer and
 1237  that serves 10 or more customers.
 1238         (5)(6) The department shall adopt promulgate rules
 1239  specifying acts deemed by the department to demonstrate a lack
 1240  of trustworthiness to engage in activities requiring a license
 1241  or qualifier identification card under this section.
 1242         (7)Any license issued by the department may be transferred
 1243  to any person, firm, or corporation for the remainder of the
 1244  current license year upon written request to the department by
 1245  the original licenseholder. Prior to approval of any transfer,
 1246  all licensing requirements of this chapter must be met by the
 1247  transferee. A license transfer fee of $50 shall be charged for
 1248  each such transfer.
 1249         Section 22. Section 527.0201, Florida Statutes, is amended
 1250  to read:
 1251         527.0201 Qualifiers; master qualifiers; examinations.—
 1252         (1) In addition to the requirements of s. 527.02, any
 1253  person applying for a license to engage in category I, category
 1254  II, or category V the activities of a pipeline system operator,
 1255  category I liquefied petroleum gas dealer, category II liquefied
 1256  petroleum gas dispenser, category IV liquefied petroleum gas
 1257  dispenser and recreational vehicle servicer, category V
 1258  liquefied petroleum gases dealer for industrial uses only, LP
 1259  gas installer, specialty installer, requalifier of cylinders, or
 1260  fabricator, repairer, and tester of vehicles and cargo tanks
 1261  must prove competency by passing a written examination
 1262  administered by the department or its agent with a grade of 70
 1263  75 percent or above in each area tested. Each applicant for
 1264  examination shall submit a $20 nonrefundable fee. The department
 1265  shall by rule specify the general areas of competency to be
 1266  covered by each examination and the relative weight to be
 1267  assigned in grading each area tested.
 1268         (2) Application for examination for competency may be made
 1269  by an individual or by an owner, a partner, or any person
 1270  employed by the license applicant. Upon successful completion of
 1271  the competency examination, the department shall register issue
 1272  a qualifier identification card to the examinee.
 1273         (a) Qualifier registration automatically expires if
 1274  identification cards, except those issued to category I
 1275  liquefied petroleum gas dealers and liquefied petroleum gas
 1276  installers, shall remain in effect as long as the individual
 1277  shows to the department proof of active employment in the area
 1278  of examination and all continuing education requirements are
 1279  met. Should the individual terminates terminate active
 1280  employment in the area of examination for a period exceeding 24
 1281  months, or fails fail to provide documentation of continuing
 1282  education, the individual’s qualifier status shall automatically
 1283  expire. If the qualifier registration status has expired, the
 1284  individual must apply for and successfully complete an
 1285  examination by the department in order to reestablish qualifier
 1286  status.
 1287         (b) Every business organization in license category I,
 1288  category II, or category V shall employ at all times a full-time
 1289  qualifier who has successfully completed an examination in the
 1290  corresponding category of the license held by the business
 1291  organization. A person may not act as a qualifier for more than
 1292  one licensed location.
 1293         (3) Qualifier registration expires cards issued to category
 1294  I liquefied petroleum gas dealers and liquefied petroleum gas
 1295  installers shall expire 3 years after the date of issuance. All
 1296  category I liquefied petroleum gas dealer qualifiers and
 1297  liquefied petroleum gas installer qualifiers holding a valid
 1298  qualifier card upon the effective date of this act shall retain
 1299  their qualifier status until July 1, 2003, and may sit for the
 1300  master qualifier examination at any time during that time
 1301  period. All such category I liquefied petroleum gas dealer
 1302  qualifiers and liquefied petroleum gas installer qualifiers may
 1303  renew their qualification on or before July 1, 2003, upon
 1304  application to the department, payment of a $20 renewal fee, and
 1305  documentation of the completion of a minimum of 16 hours of
 1306  approved continuing education courses, as defined by department
 1307  rule, during the previous 3-year period. Applications for
 1308  renewal must be made 30 calendar days before expiration. Persons
 1309  failing to renew before the expiration date must reapply and
 1310  take a qualifier competency examination in order to reestablish
 1311  category I liquefied petroleum gas dealer qualifier and
 1312  liquefied petroleum gas installer qualifier status. If a
 1313  category I liquefied petroleum gas qualifier or liquefied
 1314  petroleum gas installer qualifier becomes a master qualifier at
 1315  any time during the effective date of the qualifier card, the
 1316  card shall remain in effect until expiration of the master
 1317  qualifier certification.
 1318         (4) A qualifier for a business organization involved in
 1319  installation, repair, maintenance, or service of liquefied
 1320  petroleum gas appliances, equipment, or systems must actually
 1321  function in a supervisory capacity of other company employees
 1322  performing licensed activities installing, repairing,
 1323  maintaining, or servicing liquefied petroleum gas appliances,
 1324  equipment, or systems. A separate qualifier shall be required
 1325  for every 10 such employees. Additional qualifiers are required
 1326  for those business organizations employing more than 10
 1327  employees that install, repair, maintain, or service liquefied
 1328  petroleum gas equipment and systems.
 1329         (5) In addition to all other licensing requirements, each
 1330  category I and category V licensee liquefied petroleum gas
 1331  dealer and liquefied petroleum gas installer must, at the time
 1332  of application for licensure, identify to the department one
 1333  master qualifier who is a full-time employee at the licensed
 1334  location. This person shall be a manager, owner, or otherwise
 1335  primarily responsible for overseeing the operations of the
 1336  licensed location and must provide documentation to the
 1337  department as provided by rule. The master qualifier requirement
 1338  shall be in addition to the requirements of subsection (1).
 1339         (a) In order to apply for certification as a master
 1340  qualifier, each applicant must have been a registered be a
 1341  category I liquefied petroleum gas dealer qualifier or liquefied
 1342  petroleum gas installer qualifier for a minimum of 3 years
 1343  immediately preceding submission of the application, must be
 1344  employed by a licensed category I or category V licensee
 1345  liquefied petroleum gas dealer, liquefied petroleum gas
 1346  installer, or applicant for such license, must provide
 1347  documentation of a minimum of 1 year’s work experience in the
 1348  gas industry, and must pass a master qualifier competency
 1349  examination. Master qualifier examinations shall be based on
 1350  Florida’s laws, rules, and adopted codes governing liquefied
 1351  petroleum gas safety, general industry safety standards, and
 1352  administrative procedures. The applicant must successfully pass
 1353  the examination with a grade of 70 75 percent or above. Each
 1354  applicant for master qualifier registration status must submit
 1355  to the department a nonrefundable $30 examination fee before the
 1356  examination.
 1357         (b) Upon successful completion of the master qualifier
 1358  examination, the department shall issue the examinee a
 1359  certificate of master qualifier registration status which shall
 1360  include the name of the licensed company for which the master
 1361  qualifier is employed. A master qualifier may transfer from one
 1362  licenseholder to another upon becoming employed by the company
 1363  and providing a written request to the department.
 1364         (c) A master qualifier registration expires status shall
 1365  expire 3 years after the date of issuance of the certificate and
 1366  may be renewed by submission to the department of documentation
 1367  of completion of at least 16 hours of approved continuing
 1368  education courses during the 3-year period; proof of employment
 1369  with a licensed category I liquefied petroleum gas dealer,
 1370  liquefied petroleum gas installer, or applicant; and a $30
 1371  certificate renewal fee. The department shall define, by rule,
 1372  approved courses of continuing education.
 1373         (d)Each category I liquefied petroleum gas dealer or
 1374  liquefied petroleum gas installer licensed as of August 31,
 1375  2000, shall identify to the department one current category I
 1376  liquefied petroleum gas dealer qualifier or liquefied petroleum
 1377  gas installer qualifier who will be the designated master
 1378  qualifier for the licenseholder. Such individual must provide
 1379  proof of employment for 3 years or more within the liquefied
 1380  petroleum gas industry, and shall, upon approval of the
 1381  department, be granted a master qualifier certificate. All other
 1382  requirements with regard to master qualifier certificate
 1383  expiration, renewal, and continuing education shall apply.
 1384         (6) A vacancy in a qualifier or master qualifier position
 1385  in a business organization which results from the departure of
 1386  the qualifier or master qualifier shall be immediately reported
 1387  to the department by the departing qualifier or master qualifier
 1388  and the licensed company.
 1389         (a) If a business organization no longer possesses a duly
 1390  designated qualifier, as required by this section, its liquefied
 1391  petroleum gas licenses shall be suspended by order of the
 1392  department after 20 working days. The license shall remain
 1393  suspended until a competent qualifier has been employed, the
 1394  order of suspension terminated by the department, and the
 1395  license reinstated. A vacancy in the qualifier position for a
 1396  period of more than 20 working days shall be deemed to
 1397  constitute an immediate threat to the public health, safety, and
 1398  welfare. Failure to obtain a replacement qualifier within 60
 1399  days after the vacancy occurs shall be grounds for revocation of
 1400  licensure or eligibility for licensure.
 1401         (b) Any category I or category V licensee liquefied
 1402  petroleum gas dealer or LP gas installer who no longer possesses
 1403  a master qualifier but currently employs a category I liquefied
 1404  petroleum gas dealer or LP gas installer qualifier as required
 1405  by this section, has shall have 60 days within which to replace
 1406  the master qualifier. If the company fails to replace the master
 1407  qualifier within the 60-day time period, the license of the
 1408  company shall be suspended by order of the department. The
 1409  license shall remain suspended until a competent master
 1410  qualifier has been employed, the order of suspension has been
 1411  terminated by the department, and the license reinstated.
 1412  Failure to obtain a replacement master qualifier within 90 days
 1413  after the vacancy occurs shall be grounds for revocation of
 1414  licensure or eligibility for licensure.
 1415         (7) The department may deny, refuse to renew, suspend, or
 1416  revoke any qualifier card or master qualifier registration
 1417  certificate for any of the following causes:
 1418         (a) Violation of any provision of this chapter or any rule
 1419  or order of the department;
 1420         (b) Falsification of records relating to the qualifier card
 1421  or master qualifier registration certificate; or
 1422         (c) Failure to meet any of the renewal requirements.
 1423         (8) Any individual having competency qualifications on file
 1424  with the department may request the transfer of such
 1425  qualifications to any existing licenseholder by making a written
 1426  request to the department for such transfer. Any individual
 1427  having a competency examination on file with the department may
 1428  use such examination for a new license application after making
 1429  application in writing to the department. All examinations are
 1430  confidential and exempt from the provisions of s. 119.07(1).
 1431         (9) If a duplicate license, qualifier card, or master
 1432  qualifier registration certificate is requested by the licensee,
 1433  a fee of $10 must be received before issuance of the duplicate
 1434  license or certificate card. If a facsimile transmission of an
 1435  original license is requested, upon completion of the
 1436  transmission a fee of $10 must be received by the department
 1437  before the original license may be mailed to the requester.
 1438         (10) All revenues collected herein shall be deposited in
 1439  the General Inspection Trust Fund for the purpose of
 1440  administering the provisions of this chapter.
 1441         Section 23. Section 527.021, Florida Statutes, is amended
 1442  to read:
 1443         527.021 Registration of transport vehicles.—
 1444         (1) Each liquefied petroleum gas bulk delivery vehicle
 1445  owned or leased by a liquefied petroleum gas licensee must be
 1446  registered with the department as part of the licensing
 1447  application or when placed into service annually.
 1448         (2) For the purposes of this section, a “liquefied
 1449  petroleum gas bulk delivery vehicle” means any vehicle that is
 1450  used to transport liquefied petroleum gas on any public street
 1451  or highway as liquid cargo in a cargo tank, which tank is
 1452  mounted on a conventional truck chassis or is an integral part
 1453  of a transporting vehicle in which the tank constitutes, in
 1454  whole or in part, the stress member used as a frame and is a
 1455  permanent part of the transporting vehicle.
 1456         (3) Vehicle registrations shall be submitted by the vehicle
 1457  owner or lessee in conjunction with the annual renewal of his or
 1458  her liquefied petroleum gas license, but no later than August 31
 1459  of each year. A dealer who fails to register a vehicle with the
 1460  department does not submit the required vehicle registration by
 1461  August 31 of each year is subject to the penalties in s. 527.13.
 1462         (4) The department shall issue a decal to be placed on each
 1463  vehicle that is inspected by the department and found to be in
 1464  compliance with applicable codes.
 1465         Section 24. Section 527.03, Florida Statutes, is amended to
 1466  read:
 1467         527.03 Annual Renewal of license.—All licenses required
 1468  under this chapter shall be renewed annually, biennially, or
 1469  triennially, as elected by the licensee, subject to the license
 1470  fees prescribed in s. 527.02. All renewals must meet the same
 1471  requirements and conditions as an annual license for each
 1472  licensed year All licenses, except Category III Liquefied
 1473  Petroleum Gas Cylinder Exchange Unit Operator licenses and
 1474  Dealer in Appliances and Equipment for Use of Liquefied
 1475  Petroleum Gas licenses, shall be renewed for the period
 1476  beginning September 1 and shall expire on the following August
 1477  31 unless sooner suspended, revoked, or otherwise terminated.
 1478  Category III Liquefied Petroleum Gas Cylinder Exchange Unit
 1479  Operator licenses and Dealer in Appliances and Equipment for Use
 1480  of Liquefied Petroleum Gas licenses shall be renewed for the
 1481  period beginning April 1 and shall expire on the following March
 1482  31 unless sooner suspended, revoked, or otherwise terminated.
 1483  Any license allowed to expire will shall become inoperative
 1484  because of failure to renew. The fee for restoration of a
 1485  license is equal to the original license fee and must be paid
 1486  before the licensee may resume operations.
 1487         Section 25. Section 527.04, Florida Statutes, is amended to
 1488  read:
 1489         527.04 Proof of insurance required.—
 1490         (1) Before any license is issued, except to a category IV
 1491  dealer in appliances and equipment for use of liquefied
 1492  petroleum gas or a category III liquefied petroleum gas cylinder
 1493  exchange operator, the applicant must deliver to the department
 1494  satisfactory evidence that the applicant is covered by a primary
 1495  policy of bodily injury liability and property damage liability
 1496  insurance that covers the products and operations with respect
 1497  to such business and is issued by an insurer authorized to do
 1498  business in this state for an amount not less than $1 million
 1499  and that the premium on such insurance is paid. An insurance
 1500  certificate, affidavit, or other satisfactory evidence of
 1501  acceptable insurance coverage shall be accepted as proof of
 1502  insurance. In lieu of an insurance policy, the applicant may
 1503  deliver a good and sufficient bond in the amount of $1 million,
 1504  payable to the Commissioner of Agriculture Governor of Florida,
 1505  with the applicant as principal and a surety company authorized
 1506  to do business in this state as surety. The bond must be
 1507  conditioned upon the applicant’s compliance with this chapter
 1508  and the rules of the department with respect to the conduct of
 1509  such business and shall indemnify and hold harmless all persons
 1510  from loss or damage by reason of the applicant’s failure to
 1511  comply. However, the aggregated liability of the surety may not
 1512  exceed $1 million. If the insurance policy is canceled or
 1513  otherwise terminated or the bond becomes insufficient, the
 1514  department may require new proof of insurance or a new bond to
 1515  be filed, and if the licenseholder fails to comply, the
 1516  department shall cancel the license issued and give the
 1517  licenseholder written notice that it is unlawful to engage in
 1518  business without a license. A new bond is not required as long
 1519  as the original bond remains sufficient and in force. If the
 1520  licenseholder’s insurance coverage as required by this
 1521  subsection is canceled or otherwise terminated, the insurer must
 1522  notify the department within 30 days after the cancellation or
 1523  termination.
 1524         (2) Before any license is issued to a category class III
 1525  liquefied petroleum gas cylinder exchange operator, the
 1526  applicant must deliver to the department satisfactory evidence
 1527  that the applicant is covered by a primary policy of bodily
 1528  injury liability and property damage liability insurance that
 1529  covers the products and operations with respect to the business
 1530  and is issued by an insurer authorized to do business in this
 1531  state for an amount not less than $300,000 and that the premium
 1532  on the insurance is paid. An insurance certificate, affidavit,
 1533  or other satisfactory evidence of acceptable insurance coverage
 1534  shall be accepted as proof of insurance. In lieu of an insurance
 1535  policy, the applicant may deliver a good and sufficient bond in
 1536  the amount of $300,000, payable to the Commissioner of
 1537  Agriculture Governor, with the applicant as principal and a
 1538  surety company authorized to do business in this state as
 1539  surety. The bond must be conditioned upon the applicant’s
 1540  compliance with this chapter and the rules of the department
 1541  with respect to the conduct of such business and must indemnify
 1542  and hold harmless all persons from loss or damage by reason of
 1543  the applicant’s failure to comply. However, the aggregated
 1544  liability of the surety may not exceed $300,000. If the
 1545  insurance policy is canceled or otherwise terminated or the bond
 1546  becomes insufficient, the department may require new proof of
 1547  insurance or a new bond to be filed, and if the licenseholder
 1548  fails to comply, the department shall cancel the license issued
 1549  and give the licenseholder written notice that it is unlawful to
 1550  engage in business without a license. A new bond is not required
 1551  as long as the original bond remains sufficient and in force. If
 1552  the licenseholder’s insurance coverage required by this
 1553  subsection is canceled or otherwise terminated, the insurer must
 1554  notify the department within 30 days after the cancellation or
 1555  termination.
 1556         (3) Any person having a cause of action on the bond may
 1557  bring suit against the principal and surety, and a copy of such
 1558  bond duly certified by the department shall be received in
 1559  evidence in the courts of this state without further proof. The
 1560  department shall furnish a certified copy of the such bond upon
 1561  payment to it of its lawful fee for making and certifying such
 1562  copy.
 1563         Section 26. Section 527.0605, Florida Statutes, is amended
 1564  to read:
 1565         527.0605 Liquefied petroleum gas bulk storage locations;
 1566  jurisdiction.—
 1567         (1) The provisions of this chapter shall apply to liquefied
 1568  petroleum gas bulk storage locations when:
 1569         (a) A single container in the bulk storage location has a
 1570  capacity of 2,000 gallons or more;
 1571         (b) The aggregate container capacity of the bulk storage
 1572  location is 4,000 gallons or more; or
 1573         (c) A container or containers are installed for the purpose
 1574  of serving the public the liquid product.
 1575         (2)Prior to the installation of any bulk storage
 1576  container, the licensee must submit to the department a site
 1577  plan of the facility which shows the proposed location of the
 1578  container and must obtain written approval of such location from
 1579  the department.
 1580         (3)A fee of $200 shall be assessed for each site plan
 1581  reviewed by the division. The review shall include
 1582  preconstruction inspection of the proposed site, plan review,
 1583  and final inspection of the completed facility.
 1584         (2)(4) No newly installed container may be placed in
 1585  operation until it has been inspected and approved by the
 1586  department.
 1587         Section 27. Subsection (1) of section 527.065, Florida
 1588  Statutes, is amended to read:
 1589         527.065 Notification of accidents; leak calls.—
 1590         (1) Immediately upon discovery, all liquefied petroleum gas
 1591  licensees shall notify the department of any liquefied petroleum
 1592  gas-related accident involving a liquefied petroleum gas
 1593  licensee or customer account:
 1594         (a) Which caused a death or personal injury requiring
 1595  professional medical treatment;
 1596         (b) Where uncontrolled ignition of liquefied petroleum gas
 1597  resulted in death, personal injury, or property damage exceeding
 1598  $3,000 $1,000; or
 1599         (c) Which caused estimated damage to property exceeding
 1600  $3,000 $1,000.
 1601         Section 28. Subsection (3) is added to section 527.067,
 1602  Florida Statutes, to read:
 1603         527.067 Responsibilities of persons engaged in servicing
 1604  liquefied petroleum gas equipment and systems and consumers, end
 1605  users, or owners of liquefied petroleum gas equipment or
 1606  systems.—
 1607         (3)A category I liquefied petroleum gas dealer may not
 1608  render a consumer’s liquefied petroleum gas equipment or system
 1609  inoperable or discontinue service without providing written or
 1610  electronic notification to the consumer at least 5 business days
 1611  before rendering the liquefied petroleum gas equipment or system
 1612  inoperable or discontinuing service. This notification does not
 1613  apply in the event of a hazardous condition known to the
 1614  category I liquefied petroleum gas dealer.
 1615         Section 29. Section 527.10, Florida Statutes, is amended to
 1616  read:
 1617         527.10 Restriction on use of unsafe container or system.—No
 1618  liquefied petroleum gas shall be introduced into or removed from
 1619  any container or system in this state that has been identified
 1620  by the department or its duly authorized inspectors as not
 1621  complying with the rules pertaining to such container or system,
 1622  until such violations as specified have been satisfactorily
 1623  corrected and authorization for continued service or removal
 1624  granted by the department. A statement of violations of the
 1625  rules that render such a system unsafe for use shall be
 1626  furnished in writing by the department to the ultimate consumer
 1627  or dealer in liquefied petroleum gas.
 1628         Section 30. Subsections (3) and (17) of section 527.21,
 1629  Florida Statutes, are amended to read:
 1630         527.21 Definitions relating to Florida Propane Gas
 1631  Education, Safety, and Research Act.—As used in ss. 527.20
 1632  527.23, the term:
 1633         (3) “Dealer” means a business engaged primarily in selling
 1634  propane gas and its appliances and equipment to the ultimate
 1635  consumer or to retail propane gas dispensers.
 1636         (17) “Wholesaler” or “reseller” means a seller of propane
 1637  gas who is not a producer and who does not sell propane gas to
 1638  the ultimate consumer.
 1639         Section 31. Paragraph (a) of subsection (2) of section
 1640  527.22, Florida Statutes, is amended to read:
 1641         527.22 Florida Propane Gas Education, Safety, and Research
 1642  Council established; membership; duties and responsibilities.—
 1643         (2)(a) Within 90 days after the effective date of this act,
 1644  the commissioner shall make a call to qualified industry
 1645  organizations for nominees to the council. The commissioner
 1646  shall appoint members of the council from a list of nominees
 1647  submitted by qualified industry organizations. The commissioner
 1648  may require such reports or documentation as is necessary to
 1649  document the nomination process for members of the council.
 1650  Qualified industry organizations, in making nominations, and the
 1651  commissioner, in making appointments, shall give due regard to
 1652  selecting a council that is representative of the industry and
 1653  the geographic regions of the state. Other than the public
 1654  member, council members must be full-time employees or owners of
 1655  propane gas producers or dealers doing business in this state.
 1656         Section 32. Section 531.67, Florida Statutes, is amended to
 1657  read:
 1658         531.67 Expiration of sections.—Sections 531.60, 531.61,
 1659  531.62, 531.63, 531.64, 531.65, and 531.66 shall expire July 1,
 1660  2025 2020.
 1661         Section 33. Section 534.47, Florida Statutes, is amended to
 1662  read:
 1663         534.47 Definitions.—As used in ss. 534.48-534.54, the term
 1664  ss. 534.48-534.53:
 1665         (1)“Dealer” means a person, not a market agency, engaged
 1666  in the business of buying or selling in commerce livestock
 1667  either on his or her own account or as the employee or agent of
 1668  a vendor or purchaser.
 1669         (2)(1) “Department” means the Department of Agriculture and
 1670  Consumer Services.
 1671         (3)“Livestock” has the same meaning as in s. 585.01(13).
 1672         (4)(2) “Livestock market” means any location in the state
 1673  where livestock is assembled and sold at public auction or on a
 1674  commission basis during regularly scheduled or special sales.
 1675  The term “livestock market” does shall not include private farms
 1676  or ranches or sales made at livestock shows, fairs, exhibitions,
 1677  or special breed association sales.
 1678         (5)“Packer” means a person engaged in the business of
 1679  buying livestock in commerce for purposes of slaughter, or of
 1680  manufacturing or preparing meats or meat food products for sale
 1681  or shipment in commerce, or of marketing meats, meat food
 1682  products, or livestock products in an unmanufactured form acting
 1683  as a wholesaler broker, dealer, or distributor in commerce.
 1684         (6)“Purchaser” means a person, partnership, firm,
 1685  corporation, or other organization owning, managing, producing,
 1686  or dealing in livestock, including, but not limited to, a packer
 1687  or dealer, that buys livestock for breeding, feeding, reselling,
 1688  slaughter, or other purpose.
 1689         (7)“Registered and approved livestock market” means a
 1690  livestock market fully registered, bonded, and approved as a
 1691  market agency pursuant to the Stockyards Act and governing
 1692  regulations of the United States Department of Agriculture Grain
 1693  Inspection, Packers and Stockyards Administration.
 1694         (8)“Seller” means a person, partnership, firm,
 1695  corporation, or other organization owning, managing, producing,
 1696  financing, or dealing in livestock, including, but not limited
 1697  to, a registered and approved livestock market as consignee or a
 1698  dealer, that sells livestock for breeding, feeding, reselling,
 1699  slaughter, or other purpose.
 1700         (9)“Stockyards Act” means the Packers and Stockyards Act
 1701  of 1921, 7 U.S.C. ss. 181–229 and the regulations promulgated
 1702  pursuant to that act under 9 C.F.R. part 201.
 1703         (3)“Buyer” means the party to whom title of livestock
 1704  passes or who is responsible for the purchase price of
 1705  livestock, including, but not limited to, producers, dealers,
 1706  meat packers, or order buyers.
 1707         Section 34. Section 534.49, Florida Statutes, is amended to
 1708  read:
 1709         534.49 Livestock drafts; effect.—For the purposes of this
 1710  section, a livestock draft given as payment at a livestock
 1711  auction market for a livestock purchase shall not be deemed an
 1712  express extension of credit to the purchaser buyer and shall not
 1713  defeat the creation of a lien on such an animal and its carcass,
 1714  and all products therefrom, and all proceeds thereof, to secure
 1715  all or a part of its sales price, as provided in s. 534.54(3) s.
 1716  534.54(4).
 1717         Section 35. Section 534.50, Florida Statutes, is repealed.
 1718         Section 36. Section 534.501, Florida Statutes, is amended
 1719  to read:
 1720         534.501 Livestock draft; Unlawful to delay or failure in
 1721  payment.—It is shall be unlawful for the purchaser of livestock
 1722  to delay or fail in rendering payment for livestock to a seller
 1723  of cattle as provided in s. 534.54. A person who violates this
 1724  section commits an unfair or deceptive act or practice as
 1725  specified in s. 501.204 payment of the livestock draft upon
 1726  presentation of said draft at the payor’s bank. Nothing
 1727  contained in this section shall be construed to preclude a
 1728  payor’s right to refuse payment of an unauthorized draft.
 1729         Section 37. Section 534.51, Florida Statutes, is repealed.
 1730         Section 38. Section 534.54, Florida Statutes, is amended to
 1731  read:
 1732         534.54 Cattle or hog processors; prompt payment; penalty;
 1733  lien.—
 1734         (1)As used in this section:
 1735         (a)“Livestock” means cattle or hogs.
 1736         (b)“Meat processor” means a person, corporation,
 1737  association, or other legal entity engaged in the business of
 1738  slaughtering cattle or hogs.
 1739         (1)(2)(a) A purchaser that meat processor who purchases
 1740  livestock from a seller, or any person, corporation,
 1741  association, or other legal entity who purchases livestock from
 1742  a seller for slaughter, shall make payment by cash or check for
 1743  the purchase price of the livestock and actually deliver the
 1744  cash or check to the seller or her or his representative at the
 1745  location where the purchaser takes physical possession of the
 1746  livestock on the day the transfer of possession occurs or by
 1747  shall wire transfer of funds on the business day within which
 1748  the possession of the said livestock is transferred. However, if
 1749  the transfer of possession is accomplished after normal banking
 1750  hours, said payment shall be made in the manner herein provided
 1751  in this subsection no not later than the close of the first
 1752  business day following the said transfer of possession. In the
 1753  case of grade and yield selling, the purchaser shall make
 1754  payment by wire transfer of funds or by personal or cashier’s
 1755  check by registered mail postmarked no not later than the close
 1756  of the first business day following determination of grade and
 1757  yield.
 1758         (b) All instruments issued in payment as required by this
 1759  section hereunder shall be drawn on banking institutions which
 1760  are so located as not artificially to delay collection of funds
 1761  through the mail or otherwise cause an undue lapse of time in
 1762  the clearance process.
 1763         (2)(3)In all cases in which A purchaser of who purchases
 1764  livestock that for slaughter from a seller fails to comply with
 1765  subsection (1) make payment for the livestock as required by
 1766  this section or artificially delays collection of funds for the
 1767  payment of the livestock, the purchaser shall be liable to pay
 1768  the seller owner of the livestock, in addition to the price of
 1769  the livestock:
 1770         (a) Twelve percent damages on the amount of the price.
 1771         (b) Interest on the purchase price of the livestock at the
 1772  highest legal rate from and after the transfer of possession
 1773  until payment is made as required by this section.
 1774         (c) A Reasonable attorney fees, court costs, and expenses
 1775  attorney’s fee for the prosecution of collection of the payment.
 1776         (3)(4)(a) A seller that Any person, partnership, firm,
 1777  corporation, or other organization which sells livestock to a
 1778  purchaser shall have a lien on such animal and its carcass, all
 1779  products therefrom, and all proceeds thereof to secure all or a
 1780  part of its sales price.
 1781         (b) The lien provided in this subsection shall be deemed to
 1782  have attached and to be perfected upon delivery of the livestock
 1783  to the purchaser without further action, and such lien shall
 1784  continue in the livestock and its carcass, all products
 1785  therefrom, and all proceeds thereof without regard to possession
 1786  thereof by the party entitled to such lien without further
 1787  perfection.
 1788         (c) If the livestock or its carcass or products therefrom
 1789  are so commingled with other livestock, carcasses, or products
 1790  so that the identity thereof is lost, then the lien granted in
 1791  this subsection shall extend to the same effect as if same had
 1792  been perfected originally in all such animals, carcasses, and
 1793  products with which it has become commingled. However, all liens
 1794  so extended under this paragraph to such commingled livestock,
 1795  carcasses, and products shall be on a parity with one another,
 1796  and, with respect to such commingled carcasses or products upon
 1797  which a lien or liens have been so extended under this
 1798  paragraph, no such lien shall be enforceable as against any
 1799  purchaser without actual knowledge thereof purchasing one or
 1800  more of such carcasses or products in the ordinary course of
 1801  trade or business from the party having commingled such
 1802  carcasses or products or against any subsequent transferee from
 1803  such purchaser, but in the event of such sale, such lien shall
 1804  instead extend to the proceeds of such sale.
 1805         Section 39. Subsection (46) is added to section 570.07,
 1806  Florida Statutes, to read:
 1807         570.07 Department of Agriculture and Consumer Services;
 1808  functions, powers, and duties.—The department shall have and
 1809  exercise the following functions, powers, and duties:
 1810         (46)During a state of emergency declared pursuant to s.
 1811  252.36, to waive fees by emergency order for duplicate copies or
 1812  renewal of permits, licenses, certifications, or other similar
 1813  types of authorizations during a period specified by the
 1814  commissioner.
 1815         Section 40. Section 573.111, Florida Statutes, is amended
 1816  to read:
 1817         573.111 Notice of effective date of marketing order.—Before
 1818  the issuance of any marketing order, or any suspension,
 1819  amendment, or termination thereof, a notice must shall be posted
 1820  on a public bulletin board to be maintained by the department in
 1821  the Division of Marketing and Development of the department in
 1822  the Nathan Mayo Building, Tallahassee, Leon County, and a copy
 1823  of the notice shall be posted on the department website the same
 1824  date that the notice is posted on the bulletin board. A No
 1825  marketing order, or any suspension, amendment, or termination
 1826  thereof, may not shall become effective until the termination of
 1827  a period of 5 days after from the date of posting and
 1828  publication.
 1829         Section 41. Section 578.011, Florida Statutes, is amended
 1830  to read:
 1831         578.011 Definitions; Florida Seed Law.—When used in this
 1832  chapter, the term:
 1833         (1) “Advertisement” means all representations, other than
 1834  those on the label, disseminated in any manner or by any means,
 1835  relating to seed within the scope of this law.
 1836         (2) “Agricultural seed” includes the seed of grass, forage,
 1837  cereal and fiber crops, and chufas and any other seed commonly
 1838  recognized within the state as agricultural seed, lawn seed, and
 1839  combinations of such seed, and may include identified noxious
 1840  weed seed when the department determines that such seed is being
 1841  used as agricultural seed or field seed and mixtures of such
 1842  seed.
 1843         (3)“Blend” means seed consisting of more than one variety
 1844  of one kind, each present in excess of 5 percent by weight of
 1845  the whole.
 1846         (4)“Buyer” means a person who purchases agricultural,
 1847  vegetable, flower, tree, or shrub seed in packaging of 1,000
 1848  seeds or more by count.
 1849         (5)“Brand” means a distinguishing word, name, symbol,
 1850  number, or design used to identify seed produced, packaged,
 1851  advertised, or offered for sale by a particular person.
 1852         (6)(3) “Breeder seed” means a class of certified seed
 1853  directly controlled by the originating or sponsoring plant
 1854  breeding institution or person, or designee thereof, and is the
 1855  source for the production of seed of the other classes of
 1856  certified seed that are released directly from the breeder or
 1857  experiment station that develops the seed. These seed are one
 1858  class above foundation seed.
 1859         (7)(4) “Certified seed,means a class of seed which is the
 1860  progeny of breeder, foundation, or registered seed “registered
 1861  seed,” and “foundation seed” mean seed that have been produced
 1862  and labeled in accordance with the procedures and in compliance
 1863  with the rules and regulations of any agency authorized by the
 1864  laws of this state or the laws of another state.
 1865         (8)“Certifying agency” means:
 1866         (a)An agency authorized under the laws of a state,
 1867  territory, or possession of the United States to officially
 1868  certify seed and which has standards and procedures approved by
 1869  the United States Secretary of Agriculture to assure the genetic
 1870  purity and identity of the seed certified; or
 1871         (b)An agency of a foreign country that the United States
 1872  Secretary of Agriculture has determined as adhering to
 1873  procedures and standards for seed certification comparable to
 1874  those adhered to generally by seed certifying agencies under
 1875  paragraph (a).
 1876         (9)“Coated seed” means seed that has been covered by a
 1877  layer of materials that obscures the original shape and size of
 1878  the seed and substantially increases the weight of the product.
 1879  The addition of biologicals, pesticides, identifying colorants
 1880  or dyes, or other active ingredients including polymers may be
 1881  included in this process.
 1882         (10)(5) “Date of test” means the month and year the
 1883  percentage of germination appearing on the label was obtained by
 1884  laboratory test.
 1885         (11)(6) “Dealer” means any person who sells or offers for
 1886  sale any agricultural, vegetable, flower, or forest tree, or
 1887  shrub seed for seeding purposes, and includes farmers who sell
 1888  cleaned, processed, packaged, and labeled seed.
 1889         (12)(7) “Department” means the Department of Agriculture
 1890  and Consumer Services or its authorized representative.
 1891         (13)(8) “Dormant seed” refers to viable seed, other than
 1892  hard seed, which neither germinate nor decay during the
 1893  prescribed test period and under the prescribed test conditions.
 1894         (14)(9) “Flower seed” includes seed of herbaceous plants
 1895  grown for blooms, ornamental foliage, or other ornamental parts,
 1896  and commonly known and sold under the name of flower or
 1897  wildflower seed in this state.
 1898         (10)“Forest tree seed” includes seed of woody plants
 1899  commonly known and sold as forest tree seed.
 1900         (15)“Foundation seed” means a class of certified seed
 1901  which is the progeny of breeder or other foundation seed and is
 1902  produced and handled under procedures established by the
 1903  certifying agency, in accordance with this part, for producing
 1904  foundation seed, for the purpose of maintaining genetic purity
 1905  and identity.
 1906         (16)(11) “Germination” means the emergence and development
 1907  from the seed embryo of those essential structures which, for
 1908  the kind of seed in question, are indicative of the ability to
 1909  produce a normal plant under favorable conditions percentage of
 1910  seed capable of producing normal seedlings under ordinarily
 1911  favorable conditions. Broken seedlings and weak, malformed and
 1912  obviously abnormal seedlings shall not be considered to have
 1913  germinated.
 1914         (17)(12) “Hard seed” means seeds that remain hard at the
 1915  end of a prescribed test period because they have not absorbed
 1916  water due to an impermeable seed coat the percentage of seed
 1917  which because of hardness or impermeability did not absorb
 1918  moisture or germinate under prescribed tests but remain hard
 1919  during the period prescribed for germination of the kind of seed
 1920  concerned.
 1921         (18)(13) “Hybrid” means the first generation seed of a
 1922  cross produced by controlling the pollination and by combining:
 1923         (a) Two or more inbred lines;
 1924         (b) One inbred or a single cross with an open-pollinated
 1925  variety; or
 1926         (c) Two varieties or species, except open-pollinated
 1927  varieties of corn (Zea mays).
 1928  
 1929  The second generation or subsequent generations from such
 1930  crosses may shall not be regarded as hybrids. Hybrid
 1931  designations shall be treated as variety names.
 1932         (19)(14) “Inert matter” means all matter that is not a full
 1933  seed includes broken seed when one-half in size or less; seed of
 1934  legumes or crucifers with the seed coats removed; undeveloped
 1935  and badly injured weed seed such as sterile dodder which, upon
 1936  visual examination, are clearly incapable of growth; empty
 1937  glumes of grasses; attached sterile glumes of grasses (which
 1938  must be removed from the fertile glumes except in Rhodes grass);
 1939  dirt, stone, chaff, nematode, fungus bodies, and any matter
 1940  other than seed.
 1941         (20)(15) “Kind” means one or more related species or
 1942  subspecies which singly or collectively is known by one common
 1943  name; e.g., corn, beans, lespedeza.
 1944         (21)“Label” means the display or displays of written or
 1945  printed material upon or attached to a container of seed.
 1946         (22)(16) “Labeling” includes all labels and other written,
 1947  printed, or graphic representations, in any form, accompanying
 1948  and pertaining to any seed, whether in bulk or in containers,
 1949  and includes invoices and other bills of shipment when sold in
 1950  bulk.
 1951         (23)(17) “Lot of seed” means a definite quantity of seed
 1952  identified by a lot number or other mark identification, every
 1953  portion or bag of which is uniform within recognized tolerances
 1954  for the factors that appear in the labeling, for the factors
 1955  which appear in the labeling, within permitted tolerances.
 1956         (24)(18)“Mix,” “mixed,” or “mixture” means seed consisting
 1957  of more than one kind or variety, each present in excess of 5
 1958  percent by weight of the whole.
 1959         (25)“Mulch” means a protective covering of any suitable
 1960  substance placed with seed which acts to retain sufficient
 1961  moisture to support seed germination and sustain early seedling
 1962  growth and aid in the prevention of the evaporation of soil
 1963  moisture, the control of weeds, and the prevention of erosion.
 1964         (26)“Noxious weed seed” means seed in one of two classes
 1965  of seed:
 1966         (a)“Prohibited noxious weed seed” means the seed of weeds
 1967  that are highly destructive and difficult to control by good
 1968  cultural practices and the use of herbicides.
 1969         (b)“Restricted noxious weed seed” means weed seeds that
 1970  are objectionable in agricultural crops, lawns, and gardens of
 1971  this state and which can be controlled by good agricultural
 1972  practices or the use of herbicides.
 1973         (27)(19) “Origin” means the state, District of Columbia,
 1974  Puerto Rico, or possession of the United States, or the foreign
 1975  country where the seed were grown, except for native species,
 1976  where the term means the county or collection zone and the state
 1977  where the seed were grown for forest tree seed, with respect to
 1978  which the term “origin” means the county or state forest service
 1979  seed collection zone and the state where the seed were grown.
 1980         (28)(20) “Other crop seed” includes all seed of plants
 1981  grown in this state as crops, other than the kind or kind and
 1982  variety included in the pure seed, when not more than 5 percent
 1983  of the whole of a single kind or variety is present, unless
 1984  designated as weed seed.
 1985         (29)“Packet seed” means seed prepared for use in home
 1986  gardens and household plantings packaged in labeled, sealed
 1987  containers of less than 8 ounces and typically sold from seed
 1988  racks or displays in retail establishments, via the Internet, or
 1989  through mail order.
 1990         (30)(21) “Processing” means conditioning, cleaning,
 1991  scarifying, or blending to obtain uniform quality and other
 1992  operations which would change the purity or germination of the
 1993  seed and, therefore, require retesting to determine the quality
 1994  of the seed.
 1995         (22)“Prohibited noxious weed seed” means the seed and
 1996  bulblets of perennial weeds such as not only reproduce by seed
 1997  or bulblets, but also spread by underground roots or stems and
 1998  which, when established, are highly destructive and difficult to
 1999  control in this state by ordinary good cultural practice.
 2000         (31)(23) “Pure seed” means the seed, exclusive of inert
 2001  matter, of the kind or kind and variety of seed declared on the
 2002  label or tag includes all seed of the kind or kind and variety
 2003  or strain under consideration, whether shriveled, cracked, or
 2004  otherwise injured, and pieces of broken seed larger than one
 2005  half the original size.
 2006         (32)(24) “Record” includes the symbol identifying the seed
 2007  as to origin, amount, processing, testing, labeling, and
 2008  distribution, file sample of the seed, and any other document or
 2009  instrument pertaining to the purchase, sale, or handling of
 2010  agricultural, vegetable, flower, or forest tree, or shrub seed.
 2011  Such information includes seed samples and records of
 2012  declarations, labels, purchases, sales, conditioning, bulking,
 2013  treatment, handling, storage, analyses, tests, and examinations.
 2014         (33)“Registered seed” means a class of certified seed
 2015  which is the progeny of breeder or foundation seed and is
 2016  produced and handled under procedures established by the
 2017  certifying agency, in accordance with this part, for the purpose
 2018  of maintaining genetic purity and identity.
 2019         (25)“Restricted noxious weed seed” means the seed of such
 2020  weeds as are very objectionable in fields, lawns, or gardens of
 2021  this state, but can be controlled by good cultural practice.
 2022  Seed of poisonous plants may be included.
 2023         (34)“Shrub seed” means seed of a woody plant that is
 2024  smaller than a tree and has several main stems arising at or
 2025  near the ground.
 2026         (35)(26) “Stop-sale” means any written or printed notice or
 2027  order issued by the department to the owner or custodian of any
 2028  lot of agricultural, vegetable, flower, or forest tree, or shrub
 2029  seed in the state, directing the owner or custodian not to sell
 2030  or offer for sale seed designated by the order within the state
 2031  until the requirements of this law are complied with and a
 2032  written release has been issued; except that the seed may be
 2033  released to be sold for feed.
 2034         (36)(27) “Treated” means that the seed has been given an
 2035  application of a material or subjected to a process designed to
 2036  control or repel disease organisms, insects, or other pests
 2037  attacking seed or seedlings grown therefrom to improve its
 2038  planting value or to serve any other purpose.
 2039         (37)“Tree seed” means seed of a woody perennial plant
 2040  typically having a single stem or trunk growing to a
 2041  considerable height and bearing lateral branches at some
 2042  distance from the ground.
 2043         (38)(28) “Type” means a group of varieties so nearly
 2044  similar that the individual varieties cannot be clearly
 2045  differentiated except under special conditions.
 2046         (39)(29) “Variety” means a subdivision of a kind which is
 2047  distinct in the sense that the variety can be differentiated by
 2048  one or more identifiable morphological, physiological, or other
 2049  characteristics from all other varieties of public knowledge;
 2050  uniform in the sense that the variations in essential and
 2051  distinctive characteristics are describable; and stable in the
 2052  sense that the variety will remain unchanged in its essential
 2053  and distinctive characteristics and its uniformity when
 2054  reproduced or reconstituted characterized by growth, plant
 2055  fruit, seed, or other characteristics by which it can be
 2056  differentiated from other sorts of the same kind; e.g.,
 2057  Whatley’s Prolific corn, Bountiful beans, Kobe lespedeza.
 2058         (40)(30) “Vegetable seed” means the seed of those crops
 2059  that which are grown in gardens or on truck farms, and are
 2060  generally known and sold under the name of vegetable seed or
 2061  herb seed in this state.
 2062         (41)(31) “Weed seed” includes the seed of all plants
 2063  generally recognized as weeds within this state, and includes
 2064  prohibited and restricted noxious weed seed, bulblets, and
 2065  tubers, and any other vegetative propagules.
 2066         Section 42. Section 578.012, Florida Statutes, is created
 2067  to read:
 2068         578.012Preemption.—
 2069         (1)It is the intent of the Legislature to eliminate
 2070  duplication of regulation of seed. As such, this chapter is
 2071  intended as comprehensive and exclusive and occupies the whole
 2072  field of regulation of seed.
 2073         (2)The authority to regulate seed or matters relating to
 2074  seed in this state is preempted to the state. A local government
 2075  or political subdivision of the state may not enact or enforce
 2076  an ordinance that regulates seed, including the power to assess
 2077  any penalties provided for violation of this chapter.
 2078         Section 43. Section 578.08, Florida Statutes, is amended to
 2079  read:
 2080         578.08 Registrations.—
 2081         (1) Every person, except as provided in subsection (4) and
 2082  s. 578.14, before selling, distributing for sale, offering for
 2083  sale, exposing for sale, handling for sale, or soliciting orders
 2084  for the purchase of any agricultural, vegetable, flower, or
 2085  forest tree, or shrub seed or mixture thereof, shall first
 2086  register with the department as a seed dealer. The application
 2087  for registration must include the name and location of each
 2088  place of business at which the seed is sold, distributed for
 2089  sale, offered for sale, exposed for sale, or handled for sale.
 2090  The application must for registration shall be filed with the
 2091  department by using a form prescribed by the department or by
 2092  using the department’s website and shall be accompanied by an
 2093  annual registration fee for each such place of business based on
 2094  the gross receipts from the sale of such seed for the last
 2095  preceding license year as follows:
 2096         (a)1. Receipts of less than $500, a fee of $10.
 2097         2. Receipts of $500 or more but less than $1,000, a fee of
 2098  $25.
 2099         3. Receipts of $1,000 or more but less than $2,500, a fee
 2100  of $100.
 2101         4. Receipts of $2,500 or more but less than $5,000, a fee
 2102  of $200.
 2103         5. Receipts of $5,000 or more but less than $10,000, a fee
 2104  of $350.
 2105         6. Receipts of $10,000 or more but less than $20,000, a fee
 2106  of $800.
 2107         7. Receipts of $20,000 or more but less than $40,000, a fee
 2108  of $1,000.
 2109         8. Receipts of $40,000 or more but less than $70,000, a fee
 2110  of $1,200.
 2111         9. Receipts of $70,000 or more but less than $150,000, a
 2112  fee of $1,600.
 2113         10. Receipts of $150,000 or more but less than $400,000, a
 2114  fee of $2,400.
 2115         11. Receipts of $400,000 or more, a fee of $4,600.
 2116         (b) For places of business not previously in operation, the
 2117  fee shall be based on anticipated receipts for the first license
 2118  year.
 2119         (2) A written receipt from the department of the
 2120  registration and payment of the fee shall constitute a
 2121  sufficient permit for the dealer to engage in or continue in the
 2122  business of selling, distributing for sale, offering or exposing
 2123  for sale, handling for sale, or soliciting orders for the
 2124  purchase of any agricultural, vegetable, flower, or forest tree,
 2125  or shrub seed within the state. However, the department has
 2126  shall have authority to suspend or revoke any permit for the
 2127  violation of any provision of this law or of any rule adopted
 2128  under authority hereof. The registration shall expire on June 30
 2129  of the next calendar year and shall be renewed on July 1 of each
 2130  year. If any person subject to the requirements of this section
 2131  fails to comply, the department may issue a stop-sale notice or
 2132  order which shall prohibit the person from selling or causing to
 2133  be sold any agricultural, vegetable, flower, or forest tree, or
 2134  shrub seed until the requirements of this section are met.
 2135         (3) Every person selling, distributing for sale, offering
 2136  for sale, exposing for sale, handling for sale, or soliciting
 2137  orders for the purchase of any agricultural, vegetable, flower,
 2138  or forest tree, or shrub seed in the state other than as
 2139  provided in subsection (4) s. 578.14, shall be subject to the
 2140  requirements of this section; except that agricultural
 2141  experiment stations of the State University System shall not be
 2142  subject to the requirements of this section.
 2143         (4) The provisions of This chapter does shall not apply to
 2144  farmers who sell only uncleaned, unprocessed, unpackaged, and
 2145  unlabeled seed, but shall apply to farmers who sell cleaned,
 2146  processed, packaged, and labeled seed in amounts in excess of
 2147  $10,000 in any one year.
 2148         (5)When packet seed is sold, offered for sale, or exposed
 2149  for sale, the company who packs seed for retail sale must
 2150  register and pay fees as provided under subsection (1).
 2151         Section 44. Section 578.09, Florida Statutes, is amended to
 2152  read:
 2153         578.09 Label requirements for agricultural, vegetable,
 2154  flower, tree, or shrub seeds.—Each container of agricultural,
 2155  vegetable, or flower, tree, or shrub seed which is sold, offered
 2156  for sale, exposed for sale, or distributed for sale within this
 2157  state for sowing or planting purposes must shall bear thereon or
 2158  have attached thereto, in a conspicuous place, a label or labels
 2159  containing all information required under this section, plainly
 2160  written or printed label or tag in the English language, in
 2161  Century type. All data pertaining to analysis must shall appear
 2162  on a single label. Language setting forth the requirements for
 2163  filing and serving complaints as described in s. 578.26(1)(c)
 2164  must s. 578.26(1)(b) shall be included on the analysis label or
 2165  be otherwise attached to the package, except for packages
 2166  containing less than 1,000 seeds by count.
 2167         (1) FOR TREATED SEED.— For all treated agricultural,
 2168  vegetable, or flower, tree, or shrub seed treated as defined in
 2169  this chapter:
 2170         (a) A word or statement indicating that the seed has been
 2171  treated or description of process used.
 2172         (b) The commonly accepted coined, chemical, or abbreviated
 2173  chemical (generic) name of the applied substance or description
 2174  of the process used and the words “poison treated” in red
 2175  letters, in not less than 1/4-inch type.
 2176         (c) If the substance in the amount present with the seed is
 2177  harmful to humans or other vertebrate animals, a caution
 2178  statement such as “Do not use for food, feed, or oil purposes.”
 2179  The caution for mercurials, Environmental Protection Agency
 2180  Toxicity Category 1 as referenced in 7 C.F.R. 201.31a(c)(2), and
 2181  similarly toxic substances shall be designated by a poison
 2182  statement or symbol.
 2183         (d)Rate of application or statement “Treated at
 2184  manufacturer’s recommended rate.”
 2185         (d)(e) If the seed is treated with an inoculant, the date
 2186  beyond which the inoculant is not to be considered effective
 2187  (date of expiration).
 2188  
 2189  A label separate from other labels required by this section or
 2190  other law may be used to identify seed treatments as required by
 2191  this subsection.
 2192         (2) For agricultural seed, including lawn and turf grass
 2193  seed and mixtures thereof: AGRICULTURAL SEED.—
 2194         (a) Commonly accepted The name of the kind and variety of
 2195  each agricultural seed component present in excess of 5 percent
 2196  of the whole, and the percentage by weight of each in the order
 2197  of its predominance. Where more than one component is required
 2198  to be named, the word “mixed,” “mixture,” or “blend” must the
 2199  word “mixed” shall be shown conspicuously on the label. Hybrids
 2200  must be labeled as hybrids.
 2201         (b) Lot number or other lot identification.
 2202         (c) Net weight or seed count.
 2203         (d) Origin, if known. If the origin is ; if unknown, that
 2204  fact must shall be stated.
 2205         (e) Percentage by weight of all weed seed.
 2206         (f) The Name and number of noxious weed seed per pound, if
 2207  present per pound of each kind of restricted noxious weed seed.
 2208         (g) Percentage by weight of agricultural seed which may be
 2209  designated as other crop seed, other than those required to be
 2210  named on the label.
 2211         (h) Percentage by weight of inert matter.
 2212         (i) For each named agricultural seed, including lawn and
 2213  turf grass seed:
 2214         1. Percentage of germination, exclusive of hard or dormant
 2215  seed;
 2216         2. Percentage of hard or dormant seed, if when present, if
 2217  desired; and
 2218         3. The calendar month and year the test was completed to
 2219  determine such percentages, provided that the germination test
 2220  must have been completed within the previous 9 months, exclusive
 2221  of the calendar month of test.
 2222         (j) Name and address of the person who labeled said seed or
 2223  who sells, distributes, offers, or exposes said seed for sale
 2224  within this state.
 2225  
 2226  The sum total of the percentages listed pursuant to paragraphs
 2227  (a),(e),(g), and (h) must be equal to 100 percent.
 2228         (3) For seed that is coated:
 2229         (a)Percentage by weight of pure seed with coating material
 2230  removed. The percentage of coating material may be included with
 2231  the inert matter percentage or may be listed separately.
 2232         (b)Percentage of germination. This percentage must be
 2233  determined based on an examination of 400 coated units with or
 2234  without seed.
 2235  
 2236  In addition to the requirements of this subsection, labeling of
 2237  coated seed must also comply with the requirements of any other
 2238  subsection pertaining to that type of seed. FOR VEGETABLE SEED
 2239  IN CONTAINERS OF 8 OUNCES OR MORE.—
 2240         (a)Name of kind and variety of seed.
 2241         (b)Net weight or seed count.
 2242         (c)Lot number or other lot identification.
 2243         (d)Percentage of germination.
 2244         (e)Calendar month and year the test was completed to
 2245  determine such percentages.
 2246         (f)Name and address of the person who labeled said seed or
 2247  who sells, distributes, offers or exposes said seed for sale
 2248  within this state.
 2249         (g)For seed which germinate less than the standard last
 2250  established by the department the words “below standard,” in not
 2251  less than 8-point type, must be printed or written in ink on the
 2252  face of the tag, in addition to the other information required.
 2253  Provided, that no seed marked “below standard” shall be sold
 2254  which falls more than 20 percent below the standard for such
 2255  seed which has been established by the department, as authorized
 2256  by this law.
 2257         (h)The name and number of restricted noxious weed seed per
 2258  pound.
 2259         (4) For combination mulch, seed, and fertilizer products:
 2260         (a)The word “combination” followed, as appropriate, by the
 2261  words “mulch - seed – fertilizer” must appear prominently on the
 2262  principal display panel of the package.
 2263         (b)If the product is an agricultural seed placed in a
 2264  germination medium, mat, tape, or other device or is mixed with
 2265  mulch or fertilizer, it must also be labeled with all of the
 2266  following:
 2267         1.Product name.
 2268         2.Lot number or other lot identification.
 2269         3.Percentage by weight of pure seed of each kind and
 2270  variety named which may be less than 5 percent of the whole.
 2271         4.Percentage by weight of other crop seed.
 2272         5.Percentage by weight of inert matter.
 2273         6.Percentage by weight of weed seed.
 2274         7.Name and number of noxious weed seeds per pound, if
 2275  present.
 2276         8.Percentage of germination, and hard or dormant seed if
 2277  appropriate, of each kind or kind and variety named. The
 2278  germination test must have been completed within the previous 12
 2279  months exclusive of the calendar month of test.
 2280         9.The calendar month and year the test was completed to
 2281  determine such percentages.
 2282         10.Name and address of the person who labeled the seed, or
 2283  who sells, offers, or exposes the seed for sale within the
 2284  state.
 2285  
 2286  The sum total of the percentages listed pursuant to
 2287  subparagraphs 3., 4., 5., and 6. must be equal to 100 percent.
 2288         (5)For vegetable seed in packets as prepared for use in
 2289  home gardens or household plantings or vegetable seeds in
 2290  preplanted containers, mats, tapes, or other planting devices:
 2291  FOR VEGETABLE SEED IN CONTAINERS OF LESS THAN 8 OUNCES.—
 2292         (a) Name of kind and variety of seed. Hybrids must be
 2293  labeled as hybrids.
 2294         (b)Lot number or other lot identification.
 2295         (c)Germination test date identified in the following
 2296  manner:
 2297         1. The calendar month and year the germination test was
 2298  completed and the statement “Sell by ...(month/year)...”, which
 2299  may be no more than 12 months from the date of test, beginning
 2300  with the month after the test date;
 2301         2.The month and year the germination test was completed,
 2302  provided that the germination test must have been completed
 2303  within the previous 12 months, exclusive of the calendar month
 2304  of test; or
 2305         3.The year for which the seed was packaged for sale as
 2306  “Packed for ...(year)...” and the statement “Sell by
 2307  ...(year)...” which shall be one year after the seed was
 2308  packaged for sale.
 2309         (d)(b) Name and address of the person who labeled the seed
 2310  or who sells, distributes, offers, or exposes said seed for sale
 2311  within this state.
 2312         (e)(c) For seed which germinate less than standard last
 2313  established by the department, the additional information must
 2314  be shown:
 2315         1. Percentage of germination, exclusive of hard or dormant
 2316  seed.
 2317         2. Percentage of hard or dormant seed when present, if
 2318  present desired.
 2319         3.Calendar month and year the test was completed to
 2320  determine such percentages.
 2321         3.4. The words “Below Standard” prominently displayed in
 2322  not less than 8-point type.
 2323  
 2324         (f)(d) No seed marked “below standard” may shall be sold
 2325  that falls which fall more than 20 percent below the established
 2326  standard for such seed. For seeds that do not have an
 2327  established standard, the minimum germination standard shall be
 2328  50 percent, and no such seed may be sold that is 20 percent
 2329  below this standard.
 2330         (g)For seed placed in a germination medium, mat, tape, or
 2331  other device in such a way as to make it difficult to determine
 2332  the quantity of seed without removing the seeds from the medium,
 2333  mat, tape or device, a statement to indicate the minimum number
 2334  of seeds in the container.
 2335         (6)For vegetable seed in containers, other than packets
 2336  prepared for use in home gardens or household plantings, and
 2337  other than preplanted containers, mats, tapes, or other planting
 2338  devices:
 2339         (a)The name of each kind and variety present of any seed
 2340  in excess of 5 percent of the total weight in the container, and
 2341  the percentage by weight of each type of seed in order of its
 2342  predominance. Hybrids must be labeled as hybrids.
 2343         (b)Net weight or seed count.
 2344         (c)Lot number or other lot identification.
 2345         (d)For each named vegetable seed:
 2346         1.Percentage germination, exclusive of hard or dormant
 2347  seed;
 2348         2.Percentage of hard or dormant seed, if present;
 2349         3.Listed below the requirements of subparagraphs 1. and
 2350  2., the “total germination and hard or dormant seed” may be
 2351  stated as such, if desired; and
 2352         4.The calendar month and year the test was completed to
 2353  determine the percentages specified in subparagraphs 1. and 2.,
 2354  provided that the germination test must have been completed
 2355  within 9 months, exclusive of the calendar month of test.
 2356         (e)Name and address of the person who labeled the seed, or
 2357  who sells, offers, or exposes the seed for sale within this
 2358  state.
 2359         (f)For seed which germinate less than the standard last
 2360  established by the department, the words “Below Standard”
 2361  prominently displayed.
 2362         1.No seed marked “Below Standard” may be sold if the seed
 2363  is more than 20 percent below the established standard for such
 2364  seed.
 2365         2.For seeds that do not have an established standard, the
 2366  minimum germination standard shall be 50 percent, and no such
 2367  seed may be sold that is 20 percent below this standard.
 2368         (7)(5)For flower seed in packets prepared for use in home
 2369  gardens or household plantings or flower seed in preplanted
 2370  containers, mats, tapes, or other planting devices: FOR FLOWER
 2371  SEED IN PACKETS PREPARED FOR USE IN HOME GARDENS OR HOUSEHOLD
 2372  PLANTINGS OR FLOWER SEED IN PREPLANTED CONTAINERS, MATS, TAPES,
 2373  OR OTHER PLANTING DEVICES.—
 2374         (a) For all kinds of flower seed:
 2375         1. The name of the kind and variety or a statement of type
 2376  and performance characteristics as prescribed in the rules and
 2377  regulations adopted promulgated under the provisions of this
 2378  chapter.
 2379         2.Germination test date, identified in the following
 2380  manner:
 2381         a.The calendar month and year the germination test was
 2382  completed and the statement “Sell by_ ...(month/year)...”. The
 2383  sell by date must be no more than 12 months from the date of
 2384  test, beginning with the month after the test date;
 2385         b.The year for which the seed was packed for sale as
 2386  “Packed for ...(year)...” and the statement “Sell by
 2387  ...(year)...” which shall be for a calendar year; or
 2388         c.The calendar month and year the test was completed,
 2389  provided that the germination test must have been completed
 2390  within the previous 12 months, exclusive of the calendar month
 2391  of test.
 2392         2.The calendar month and year the seed was tested or the
 2393  year for which the seed was packaged.
 2394         3. The name and address of the person who labeled said
 2395  seed, or who sells, offers, or exposes said seed for sale within
 2396  this state.
 2397         (b) For seed of those kinds for which standard testing
 2398  procedures are prescribed and which germinate less than the
 2399  germination standard last established under the provisions of
 2400  this chapter:
 2401         1. The percentage of germination exclusive of hard or
 2402  dormant seed.
 2403         2. Percentage of hard or dormant seed, if present.
 2404         3. The words “Below Standard” prominently displayed in not
 2405  less than 8-point type.
 2406         (c) For seed placed in a germination medium, mat, tape, or
 2407  other device in such a way as to make it difficult to determine
 2408  the quantity of seed without removing the seed from the medium,
 2409  mat, tape, or device, a statement to indicate the minimum number
 2410  of seed in the container.
 2411         (8)(6)For flower seed in containers other than packets and
 2412  other than preplanted containers, mats, tapes, or other planting
 2413  devices and not prepared for use in home flower gardens or
 2414  household plantings: FOR FLOWER SEED IN CONTAINERS OTHER THAN
 2415  PACKETS PREPARED FOR USE IN HOME FLOWER GARDENS OR HOUSEHOLD
 2416  PLANTINGS AND OTHER THAN PREPLANTED CONTAINERS, MATS, TAPES, OR
 2417  OTHER PLANTING DEVICES.—
 2418         (a) The name of the kind and variety, and for wildflowers,
 2419  the genus and species and subspecies, if appropriate or a
 2420  statement of type and performance characteristics as prescribed
 2421  in rules and regulations promulgated under the provisions of
 2422  this chapter.
 2423         (b)Net weight or seed count.
 2424         (c)(b)The Lot number or other lot identification.
 2425         (d)For flower seed with a pure seed percentage of less
 2426  than 90 percent:
 2427         1.Percentage, by weight, of each component listed in order
 2428  of its predominance.
 2429         2.Percentage by weight of weed seed, if present.
 2430         3.Percentage by weight of other crop seed.
 2431         4.Percentage by weight of inert matter.
 2432         (e)For those kinds of seed for which standard testing
 2433  procedures are prescribed:
 2434         1.Percentage germination exclusive of hard or dormant
 2435  seed.
 2436         2.Percentage of hard or dormant seed, if present.
 2437         3.(c) The calendar month and year that the test was
 2438  completed. The germination test must have been completed within
 2439  the previous 9 months, exclusive of the calendar month of test.
 2440         (f)For those kinds of seed for which standard testing
 2441  procedures are not available, the year of production or
 2442  collection seed were tested or the year for which the seed were
 2443  packaged.
 2444         (g)(d) The name and address of the person who labeled said
 2445  seed or who sells, offers, or exposes said seed for sale within
 2446  this state.
 2447         (e)For those kinds of seed for which standard testing
 2448  procedures are prescribed:
 2449         1.The percentage germination exclusive of hard seed.
 2450         2.The percentage of hard seed, if present.
 2451         (h)(f) For those seeds which germinate less than the
 2452  standard last established by the department, the words “Below
 2453  Standard” prominently displayed in not less than 8-point type
 2454  must be printed or written in ink on the face of the tag.
 2455         (9)For tree or shrub seed:
 2456         (a)Common name of the species of seed and, if appropriate,
 2457  subspecies.
 2458         (b)The scientific name of the genus, species, and, if
 2459  appropriate, subspecies.
 2460         (c)Lot number or other lot identification.
 2461         (d)Net weight or seed count.
 2462         (e)Origin, indicated in the following manner:
 2463         1.For seed collected from a predominantly indigenous
 2464  stand, the area of collection given by latitude and longitude or
 2465  geographic description, or political subdivision, such as state
 2466  or county.
 2467         2.For seed collected from other than a predominantly
 2468  indigenous stand, the area of collection and the origin of the
 2469  stand or the statement “Origin not Indigenous”.
 2470         3.The elevation or the upper and lower limits of
 2471  elevations within which the seed was collected.
 2472         (f)Purity as a percentage of pure seed by weight.
 2473         (g)For those species for which standard germination
 2474  testing procedures are prescribed by the department:
 2475         1.Percentage germination exclusive of hard or dormant
 2476  seed.
 2477         2.Percentage of hard or dormant seed, if present.
 2478         3.The calendar month and year test was completed, provided
 2479  that the germination test must have been completed within the
 2480  previous 12 months, exclusive of the calendar month of test.
 2481         (h)In lieu of subparagraphs (g)1., 2., and 3., the seed
 2482  may be labeled “Test is in progress; results will be supplied
 2483  upon request.”
 2484         (i)For those species for which standard germination
 2485  testing procedures have not been prescribed by the department,
 2486  the calendar year in which the seed was collected.
 2487         (j)The name and address of the person who labeled the seed
 2488  or who sells, offers, or exposes the seed for sale within this
 2489  state.
 2490         (7)DEPARTMENT TO PRESCRIBE UNIFORM ANALYSIS TAG.—The
 2491  department shall have the authority to prescribe a uniform
 2492  analysis tag required by this section.
 2493  
 2494  The information required by this section to be placed on labels
 2495  attached to seed containers may not be modified or denied in the
 2496  labeling or on another label attached to the container. However,
 2497  labeling of seed supplied under a contractual agreement may be
 2498  by invoice accompanying the shipment or by an analysis tag
 2499  attached to the invoice if each bag or other container is
 2500  clearly identified by a lot number displayed on the bag or other
 2501  container. Each bag or container that is not so identified must
 2502  carry complete labeling.
 2503         Section 45. Section 578.091, Florida Statutes, is repealed.
 2504         Section 46. Subsections (2) and (3) of section 578.10,
 2505  Florida Statutes, are amended to read:
 2506         578.10 Exemptions.—
 2507         (2) The provisions of ss. 578.09 and 578.13 do not apply
 2508  to:
 2509         (a) To Seed or grain not intended for sowing or planting
 2510  purposes.
 2511         (b) To Seed stored in storage in, consigned to, or being
 2512  transported to seed cleaning or processing establishments for
 2513  cleaning or processing only. Any labeling or other
 2514  representation which may be made with respect to the unclean
 2515  seed is shall be subject to this law.
 2516         (c)Seed under development or maintained exclusively for
 2517  research purposes.
 2518         (3) If seeds cannot be identified by examination thereof, a
 2519  person is not subject to the criminal penalties of this chapter
 2520  for having sold or offered for sale seeds subject to this
 2521  chapter which were incorrectly labeled or represented as to
 2522  kind, species, and, if appropriate, subspecies, variety, type,
 2523  or origin, elevation, and, if required, year of collection
 2524  unless he or she has failed to obtain an invoice, genuine
 2525  grower’s or tree seed collector’s declaration, or other labeling
 2526  information and to take such other precautions as may be
 2527  reasonable to ensure the identity of the seeds to be as stated
 2528  by the grower. A genuine grower’s declaration of variety must
 2529  affirm that the grower holds records of proof of identity
 2530  concerning parent seed, such as invoice and labels No person
 2531  shall be subject to the criminal penalties of this law for
 2532  having sold, offered, exposed, or distributed for sale in this
 2533  state any agricultural, vegetable, or forest tree seed which
 2534  were incorrectly labeled or represented as to kind and variety
 2535  or origin, which seed cannot be identified by examination
 2536  thereof, unless she or he has failed to obtain an invoice or
 2537  grower’s declaration giving kind and variety and origin.
 2538         Section 47. Section 578.11, Florida Statutes, is amended to
 2539  read:
 2540         578.11 Duties, authority, and rules of the department.—
 2541         (1) The duty of administering this law and enforcing its
 2542  provisions and requirements shall be vested in the Department of
 2543  Agriculture and Consumer Services, which is hereby authorized to
 2544  employ such agents and persons as in its judgment shall be
 2545  necessary therefor. It shall be the duty of the department,
 2546  which may act through its authorized agents, to sample, inspect,
 2547  make analyses of, and test agricultural, vegetable, flower, or
 2548  forest tree, or shrub seed transported, sold, offered or exposed
 2549  for sale, or distributed within this state for sowing or
 2550  planting purposes, at such time and place and to such extent as
 2551  it may deem necessary to determine whether said agricultural,
 2552  vegetable, flower, or forest tree, or shrub seed are in
 2553  compliance with the provisions of this law, and to notify
 2554  promptly the person who transported, distributed, sold, offered
 2555  or exposed the seed for sale, of any violation.
 2556         (2) The department is authorized to:
 2557         (a) To Enforce this chapter act and prescribe the methods
 2558  of sampling, inspecting, testing, and examining agricultural,
 2559  vegetable, flower, or forest tree, or shrub seed.
 2560         (b) To Establish standards and tolerances to be followed in
 2561  the administration of this law, which shall be in general accord
 2562  with officially prescribed practices in interstate commerce.
 2563         (c) To Prescribe uniform labels.
 2564         (d) To Adopt prohibited and restricted noxious weed seed
 2565  lists.
 2566         (e) To Prescribe limitations for each restricted noxious
 2567  weed to be used in enforcement of this chapter act and to add or
 2568  subtract therefrom from time to time as the need may arise.
 2569         (f) To Make commercial tests of seed and to fix and collect
 2570  charges for such tests.
 2571         (g) To List the kinds of flower, and forest tree, and shrub
 2572  seed subject to this law.
 2573         (h) To Analyze samples, as requested by a consumer. The
 2574  department shall establish, by rule, a fee schedule for
 2575  analyzing samples at the request of a consumer. The fees shall
 2576  be sufficient to cover the costs to the department for taking
 2577  the samples and performing the analysis, not to exceed $150 per
 2578  sample.
 2579         (i) To Adopt rules pursuant to ss. 120.536(1) and 120.54 to
 2580  implement the provisions of this chapter act.
 2581         (j) To Establish, by rule, requirements governing aircraft
 2582  used for the aerial application of seed, including requirements
 2583  for recordkeeping, annual aircraft registration, secure storage
 2584  when not in use, area-of-application information, and reporting
 2585  any sale, lease, purchase, rental, or transfer of such aircraft
 2586  to another person.
 2587         (3) For the purpose of carrying out the provisions of this
 2588  law, the department, through its authorized agents, is
 2589  authorized to:
 2590         (a) To Enter upon any public or private premises, where
 2591  agricultural, vegetable, flower, or forest tree, or shrub seed
 2592  is sold, offered, exposed, or distributed for sale during
 2593  regular business hours, in order to have access to seed subject
 2594  to this law and the rules and regulations hereunder.
 2595         (b) To Issue and enforce a stop-sale notice or order to the
 2596  owner or custodian of any lot of agricultural, vegetable,
 2597  flower, or forest tree, or shrub seed, which the department
 2598  finds or has good reason to believe is in violation of any
 2599  provisions of this law, which shall prohibit further sale,
 2600  barter, exchange, or distribution of such seed until the
 2601  department is satisfied that the law has been complied with and
 2602  has issued a written release or notice to the owner or custodian
 2603  of such seed. After a stop-sale notice or order has been issued
 2604  against or attached to any lot of seed and the owner or
 2605  custodian of such seed has received confirmation that the seed
 2606  does not comply with this law, she or he has shall have 15 days
 2607  beyond the normal test period within which to comply with the
 2608  law and obtain a written release of the seed. The provisions of
 2609  This paragraph may shall not be construed as limiting the right
 2610  of the department to proceed as authorized by other sections of
 2611  this law.
 2612         (c) To Establish and maintain a seed laboratory, employ
 2613  seed analysts and other personnel, and incur such other expenses
 2614  as may be necessary to comply with these provisions.
 2615         Section 48. Section 578.12, Florida Statutes, is amended to
 2616  read:
 2617         578.12 Stop-sale, stop-use, removal, or hold orders.—When
 2618  agricultural, vegetable, flower, or forest tree, or shrub seed
 2619  is being offered or exposed for sale or held in violation of any
 2620  of the provisions of this chapter, the department, through its
 2621  authorized representative, may issue and enforce a stop-sale,
 2622  stop-use, removal, or hold order to the owner or custodian of
 2623  said seed ordering it to be held at a designated place until the
 2624  law has been complied with and said seed is released in writing
 2625  by the department or its authorized representative. If seed is
 2626  not brought into compliance with this law it shall be destroyed
 2627  within 30 days or disposed of by the department in such a manner
 2628  as it shall by regulation prescribe.
 2629         Section 49. Section 578.13, Florida Statutes, is amended to
 2630  read:
 2631         578.13 Prohibitions.—
 2632         (1) It shall be unlawful for any person to sell, distribute
 2633  for sale, offer for sale, expose for sale, handle for sale, or
 2634  solicit orders for the purchase of any agricultural, vegetable,
 2635  flower, or forest tree, or shrub, seed within this state:
 2636         (a) Unless the test to determine the percentage of
 2637  germination required by s. 578.09 has shall have been completed
 2638  within a period of 7 months, exclusive of the calendar month in
 2639  which the test was completed, immediately prior to sale,
 2640  exposure for sale, offering for sale, or transportation, except
 2641  for a germination test for seed in hermetically sealed
 2642  containers which is provided for in s. 578.092 s. 578.28.
 2643         (b) Not labeled in accordance with the provisions of this
 2644  law, or having false or misleading labeling.
 2645         (c) Pertaining to which there has been a false or
 2646  misleading advertisement.
 2647         (d) Containing noxious weed seeds subject to tolerances and
 2648  methods of determination prescribed in the rules and regulations
 2649  under this law.
 2650         (e) Unless a seed license has been obtained in accordance
 2651  with the provisions of this law.
 2652         (f) Unless such seed conforms to the definition of a “lot
 2653  of seed.”
 2654         (2) It shall be unlawful for a any person within this state
 2655  to:
 2656         (a) To Detach, deface, destroy, or use a second time any
 2657  label or tag provided for in this law or in the rules and
 2658  regulations made and promulgated hereunder or to alter or
 2659  substitute seed in a manner that may defeat the purpose of this
 2660  law.
 2661         (b) To Disseminate any false or misleading advertisement
 2662  concerning agricultural, vegetable, flower, or forest tree ,or
 2663  shrub seed in any manner or by any means.
 2664         (c) To Hinder or obstruct in any way any authorized person
 2665  in the performance of her or his duties under this law.
 2666         (d) To Fail to comply with a stop-sale order or to move,
 2667  handle, or dispose of any lot of seed, or tags attached to such
 2668  seed, held under a “stop-sale” order, except with express
 2669  permission of the department and for the purpose specified by
 2670  the department or seizure order.
 2671         (e) Label, advertise, or otherwise represent seed subject
 2672  to this chapter to be certified seed or any class thereof,
 2673  including classes such as “registered seed,” “foundation seed,”
 2674  “breeder seed” or similar representations, unless:
 2675         1.A seed certifying agency determines that such seed
 2676  conformed to standards of purity and identify as to the kind,
 2677  variety, or species and, if appropriate, subspecies and the seed
 2678  certifying agency also determines that tree or shrub seed was
 2679  found to be of the origin and elevation claimed, in compliance
 2680  with the rules and regulations of such agency pertaining to such
 2681  seed; and
 2682         2.The seed bears an official label issued for such seed by
 2683  a seed certifying agency certifying that the seed is of a
 2684  specified class and specified to the kind, variety, or species
 2685  and, if appropriate, subspecies.
 2686         (f)Label, by variety name, seed not certified by an
 2687  official seed-certifying agency when it is a variety for which a
 2688  certificate of plant variety protection under the United States
 2689  Plant Variety Protection Act, 7 U.S.C. 2321 et. seq., specifies
 2690  sale only as a class of certified seed, except that seed from a
 2691  certified lot may be labeled as to variety name when used in a
 2692  mixture by, or with the written approval of, the owner of the
 2693  variety. To sell, distribute for sale, offer for sale, expose
 2694  for sale, handle for sale, or solicit orders for the purchase of
 2695  any agricultural, vegetable, flower, or forest tree seed labeled
 2696  “certified seed,” “registered seed,” “foundation seed,” “breeder
 2697  seed,” or similar terms, unless it has been produced and labeled
 2698  under seal in compliance with the rules and regulations of any
 2699  agency authorized by law.
 2700         (g)(f)To Fail to keep a complete record, including a file
 2701  sample which shall be retained for 1 year after seed is sold, of
 2702  each lot of seed and to make available for inspection such
 2703  records to the department or its duly authorized agents.
 2704         (h)(g)To Use the name of the Department of Agriculture and
 2705  Consumer Services or Florida State Seed Laboratory in connection
 2706  with analysis tag, labeling advertisement, or sale of any seed
 2707  in any manner whatsoever.
 2708         Section 50. Section 578.14, Florida Statutes, is repealed.
 2709         Section 51. Subsection (1) of section 578.181, Florida
 2710  Statutes, is amended to read:
 2711         578.181 Penalties; administrative fine.—
 2712         (1) The department may enter an order imposing one or more
 2713  of the following penalties against a person who violates this
 2714  chapter or the rules adopted under this chapter or who impedes,
 2715  obstructs, or hinders, or otherwise attempts to prevent the
 2716  department from performing its duty in connection with
 2717  performing its duties under this chapter:
 2718         (a) For a minor violation, issuance of a warning letter.
 2719         (b) For violations other than a minor violation:
 2720         1. Imposition of an administrative fine in the Class I
 2721  category pursuant to s. 570.971 for each occurrence after the
 2722  issuance of a warning letter.
 2723         2.(c) Revocation or suspension of the registration as a
 2724  seed dealer.
 2725         Section 52. Section 578.23, Florida Statutes, is amended to
 2726  read:
 2727         578.23 Dealers’ Records to be kept available.—Each person
 2728  who allows his or her name or brand to appear on the label as
 2729  handling agricultural, vegetable, flower, tree, or shrub seeds
 2730  subject to this chapter must keep, for 2 years, complete records
 2731  of each lot of agricultural, vegetable, flower, tree, or shrub
 2732  seed handled, and keep for 1 year after final disposition a file
 2733  sample of each lot of seed. All such records and samples
 2734  pertaining to the shipment or shipments involved must be
 2735  accessible for inspection by the department or its authorized
 2736  representative during normal business hours Every seed dealer
 2737  shall make and keep for a period of 3 years satisfactory records
 2738  of all agricultural, vegetable, flower, or forest tree seed
 2739  bought or handled to be sold, which records shall at all times
 2740  be made readily available for inspection, examination, or audit
 2741  by the department. Such records shall also be maintained by
 2742  persons who purchase seed for production of plants for resale.
 2743         Section 53. Section 578.26, Florida Statutes, is amended to
 2744  read:
 2745         578.26 Complaint, investigation, hearings, findings, and
 2746  recommendation prerequisite to legal action.—
 2747         (1)(a) When any buyer farmer is damaged by the failure of
 2748  agricultural, vegetable, flower, or forest tree, or shrub seed
 2749  planted in this state to produce or perform as represented by
 2750  the labeling of such label attached to the seed as required by
 2751  s. 578.09, as a prerequisite to her or his right to maintain a
 2752  legal action against the dealer from whom the seed was
 2753  purchased, the buyer must farmer shall make a sworn complaint
 2754  against the dealer alleging damages sustained. The complaint
 2755  shall be filed with the department, and a copy of the complaint
 2756  shall be served by the department on the dealer by certified
 2757  mail, within such time as to permit inspection of the property,
 2758  crops, plants, or trees referenced in, or related to, the
 2759  buyer’s complaint by the seed investigation and conciliation
 2760  council or its representatives and by the dealer from whom the
 2761  seed was purchased.
 2762         (b)For types of claims specified in paragraph (a), the
 2763  buyer may not commence legal proceedings against the dealer or
 2764  assert such a claim as a counterclaim or defense in any action
 2765  brought by the dealer until the findings and recommendations of
 2766  the seed investigation and conciliation council are transmitted
 2767  to the complainant and the dealer.
 2768         (c)(b) Language setting forth the requirement for filing
 2769  and serving the complaint shall be legibly typed or printed on
 2770  the analysis label or be attached to the package containing the
 2771  seed at the time of purchase by the buyer farmer.
 2772         (d)(c) A nonrefundable filing fee of $100 shall be paid to
 2773  the department with each complaint filed. However, the
 2774  complainant may recover the filing fee cost from the dealer upon
 2775  the recommendation of the seed investigation and conciliation
 2776  council.
 2777         (2) Within 15 days after receipt of a copy of the
 2778  complaint, the dealer shall file with the department her or his
 2779  answer to the complaint and serve a copy of the answer on the
 2780  buyer farmer by certified mail. Upon receipt of the findings and
 2781  recommendation of the arbitration council, the department shall
 2782  transmit them to the farmer and to the dealer by certified mail.
 2783         (3) The department shall refer the complaint and the answer
 2784  thereto to the seed investigation and conciliation council
 2785  provided in s. 578.27 for investigation, informal hearing,
 2786  findings, and recommendation on the matters complained of.
 2787         (a) Each party must shall be allowed to present its side of
 2788  the dispute at an informal hearing before the seed investigation
 2789  and conciliation council. Attorneys may be present at the
 2790  hearing to confer with their clients. However, no attorney may
 2791  participate directly in the proceeding.
 2792         (b) Hearings, including the deliberations of the seed
 2793  investigation and conciliation council, must shall be open to
 2794  the public.
 2795         (c) Within 30 days after completion of a hearing, the seed
 2796  investigation and conciliation council shall transmit its
 2797  findings and recommendations to the department. Upon receipt of
 2798  the findings and recommendation of the seed investigation and
 2799  conciliation council, the department shall transmit them to the
 2800  buyer farmer and to the dealer by certified mail.
 2801         (4) The department shall provide administrative support for
 2802  the seed investigation and conciliation council and shall mail a
 2803  copy of the council’s procedures to each party upon receipt of a
 2804  complaint by the department.
 2805         Section 54. Subsections (1), (2), and (4) of section
 2806  578.27, Florida Statutes, are amended to read:
 2807         578.27 Seed investigation and conciliation council;
 2808  composition; purpose; meetings; duties; expenses.—
 2809         (1) The Commissioner of Agriculture shall appoint a seed
 2810  investigation and conciliation council composed of seven members
 2811  and seven alternate members, one member and one alternate to be
 2812  appointed upon the recommendation of each of the following: the
 2813  deans of extension and research, Institute of Food and
 2814  Agricultural Sciences, University of Florida; president of the
 2815  Florida Seed Seedsmen and Garden Supply Association; president
 2816  of the Florida Farm Bureau Federation; and the president of the
 2817  Florida Fruit and Vegetable Association. The Commissioner of
 2818  Agriculture shall appoint a representative and an alternate from
 2819  the agriculture industry at large and from the Department of
 2820  Agriculture and Consumer Services. Each member shall be
 2821  appointed for a term of 4 years or less and shall serve until
 2822  his or her successor is appointed Initially, three members and
 2823  their alternates shall be appointed for 4-year terms and four
 2824  members and their alternates shall be appointed for 2-year
 2825  terms. Thereafter, members and alternates shall be appointed for
 2826  4-year terms. Each alternate member shall serve only in the
 2827  absence of the member for whom she or he is an alternate. A
 2828  vacancy shall be filled for the remainder of the unexpired term
 2829  in the same manner as the original appointment. The council
 2830  shall annually elect a chair from its membership. It shall be
 2831  the duty of the chair to conduct all meetings and deliberations
 2832  held by the council and to direct all other activities of the
 2833  council. The department representative shall serve as secretary
 2834  of the council. It shall be the duty of the secretary to keep
 2835  accurate and correct records on all meetings and deliberations
 2836  and perform other duties for the council as directed by the
 2837  chair.
 2838         (2) The purpose of the seed investigation and conciliation
 2839  council is to assist buyers farmers and agricultural seed
 2840  dealers in determining the validity of seed complaints made by
 2841  buyers farmers against dealers and recommend a settlement, when
 2842  appropriate, cost damages resulting from the alleged failure of
 2843  the seed to produce or perform as represented by the label of
 2844  such on the seed package.
 2845         (4)(a) When the department refers to the seed investigation
 2846  and conciliation council any complaint made by a buyer farmer
 2847  against a dealer, the said council must shall make a full and
 2848  complete investigation of the matters complained of and at the
 2849  conclusion of the said investigation must shall report its
 2850  findings and make its recommendation of cost damages and file
 2851  same with the department.
 2852         (b) In conducting its investigation, the seed investigation
 2853  and conciliation council or any representative, member, or
 2854  members thereof are authorized to examine the buyer’s property,
 2855  crops, plants, or trees referenced in or relating to the
 2856  complaint farmer on her or his farming operation of which she or
 2857  he complains and the dealer on her or his packaging, labeling,
 2858  and selling operation of the seed alleged to be faulty; to grow
 2859  to production a representative sample of the alleged faulty seed
 2860  through the facilities of the state, under the supervision of
 2861  the department when such action is deemed to be necessary; to
 2862  hold informal hearings at a time and place directed by the
 2863  department or by the chair of the council upon reasonable notice
 2864  to the buyer farmer and the dealer.
 2865         (c) Any investigation made by less than the whole
 2866  membership of the council must shall be by authority of a
 2867  written directive by the department or by the chair, and such
 2868  investigation must shall be summarized in writing and considered
 2869  by the council in reporting its findings and making its
 2870  recommendation.
 2871         Section 55. Section 578.28, Florida Statutes, is renumbered
 2872  as section 578.092, Florida Statutes, and amended to read:
 2873         578.092 578.28 Seed in hermetically sealed containers.—The
 2874  period of validity of germination tests is extended to the
 2875  following periods for seed packaged in hermetically sealed
 2876  containers, under conditions and label requirements set forth in
 2877  this section:
 2878         (1) GERMINATION TESTS.—The germination test for
 2879  agricultural and vegetable seed must shall have been completed
 2880  within the following periods, exclusive of the calendar month in
 2881  which the test was completed, immediately prior to shipment,
 2882  delivery, transportation, or sale:
 2883         (a) In the case of agricultural or vegetable seed shipped,
 2884  delivered, transported, or sold to a dealer for resale, 18
 2885  months;
 2886         (b) In the case of agricultural or vegetable seed for sale
 2887  or sold at retail, 24 months.
 2888         (2) CONDITIONS OF PACKAGING.—The following conditions are
 2889  considered as minimum:
 2890         (a) Hermetically sealed packages or containers.—A
 2891  container, to be acceptable under the provisions of this
 2892  section, shall not allow water vapor penetration through any
 2893  wall, including the wall seals, greater than 0.05 gram of water
 2894  per 24 hours per 100 square inches of surface at 100 °F. with a
 2895  relative humidity on one side of 90 percent and on the other of
 2896  0 percent. Water vapor penetration (WVP) is measured by the
 2897  standards of the National Institute of Standards and Technology
 2898  as: gm H2O/24 hr./100 sq. in./100 °F/90 percent RH V. 0 percent
 2899  RH.
 2900         (b) Moisture of seed packaged.—The moisture of agricultural
 2901  or vegetable seed subject to the provisions of this section
 2902  shall be established by rule of the department.
 2903         (3) LABELING REQUIRED.—In addition to the labeling required
 2904  by s. 578.09, seed packaged under the provisions of this section
 2905  shall be labeled with the following information:
 2906         (a) Seed has been preconditioned as to moisture content.
 2907         (b) Container is hermetically sealed.
 2908         (c) “Germination test valid until (month, year)” may be
 2909  used. (Not to exceed 24 months from date of test).
 2910         Section 56. Section 578.29, Florida Statutes, is created to
 2911  read:
 2912         578.29Prohibited noxious weed seed.—Seeds meeting the
 2913  definition of prohibited noxious weed seed under s. 578.011, may
 2914  not be present in agricultural, vegetable, flower, tree, or
 2915  shrub seed offered or exposed for sale in this state.
 2916         Section 57. Subsection (1) of section 590.02, Florida
 2917  Statutes, is amended to read:
 2918         590.02 Florida Forest Service; powers, authority, and
 2919  duties; liability; building structures; Withlacoochee Training
 2920  Center.—
 2921         (1) The Florida Forest Service has the following powers,
 2922  authority, and duties to:
 2923         (a) To Enforce the provisions of this chapter;
 2924         (b) To Prevent, detect, and suppress wildfires wherever
 2925  they may occur on public or private land in this state and to do
 2926  all things necessary in the exercise of such powers, authority,
 2927  and duties;
 2928         (c) To Provide firefighting crews, who shall be under the
 2929  control and direction of the Florida Forest Service and its
 2930  designated agents;
 2931         (d) To Appoint center managers, forest area supervisors,
 2932  forestry program administrators, a forest protection bureau
 2933  chief, a forest protection assistant bureau chief, a field
 2934  operations bureau chief, deputy chiefs of field operations,
 2935  district managers, forest operations administrators, senior
 2936  forest rangers, investigators, forest rangers, firefighter
 2937  rotorcraft pilots, and other employees who may, at the Florida
 2938  Forest Service’s discretion, be certified as forestry
 2939  firefighters pursuant to s. 633.408(8). Other law
 2940  notwithstanding, center managers, district managers, forest
 2941  protection assistant bureau chief, and deputy chiefs of field
 2942  operations have shall have Selected Exempt Service status in the
 2943  state personnel designation;
 2944         (e) To Develop a training curriculum for forestry
 2945  firefighters which must contain the basic volunteer structural
 2946  fire training course approved by the Florida State Fire College
 2947  of the Division of State Fire Marshal and a minimum of 250 hours
 2948  of wildfire training;
 2949         (f) Pay the cost of the initial commercial driver license
 2950  examination fee for those employees whose position requires them
 2951  to operate equipment requiring a license. This paragraph is
 2952  intended to be an authorization to the department to pay such
 2953  costs, not an obligation To make rules to accomplish the
 2954  purposes of this chapter;
 2955         (g) To Provide fire management services and emergency
 2956  response assistance and to set and charge reasonable fees for
 2957  performance of those services. Moneys collected from such fees
 2958  shall be deposited into the Incidental Trust Fund of the Florida
 2959  Forest Service;
 2960         (h) To Require all state, regional, and local government
 2961  agencies operating aircraft in the vicinity of an ongoing
 2962  wildfire to operate in compliance with the applicable state
 2963  Wildfire Aviation Plan; and
 2964         (i) To Authorize broadcast burning, prescribed burning,
 2965  pile burning, and land clearing debris burning to carry out the
 2966  duties of this chapter and the rules adopted thereunder; and
 2967         (j)Make rules to accomplish the purposes of this chapter.
 2968         Section 58. Section 817.417, Florida Statutes, is created
 2969  to read:
 2970         817.417Government Impostor and Deceptive Advertisement
 2971  Act.—
 2972         (1)SHORT TITLE.—This act may be cited as the “Government
 2973  Impostor and Deceptive Advertisements Act.”
 2974         (2)DEFINITIONS.—As used in this section:
 2975         (a)“Advertisement” means any representation disseminated
 2976  in any manner or by any means, other than by a label, for the
 2977  purpose of inducing, or which is reasonably likely to induce,
 2978  directly or indirectly, a purchase.
 2979         (b)“Department” means the Department of Agriculture and
 2980  Consumer Services.
 2981         (c)“Governmental entity” means a political subdivision or
 2982  agency of any state, possession, or territory of the United
 2983  States, or the Federal Government, including, but not limited
 2984  to, a board, a department, an office, an agency, a military
 2985  veteran entity, or a military or veteran service organization by
 2986  whatever name known.
 2987         (3)DUTIES AND RESPONSIBILITIES.—The department has the
 2988  duty and responsibility to:
 2989         (a)Investigate potential violations of this section.
 2990         (b)Request and obtain information regarding potential
 2991  violations of this section.
 2992         (c)Seek compliance with this section.
 2993         (d)Enforce this section.
 2994         (e)Adopt rules necessary to administer this section.
 2995         (4)VIOLATIONS.—Each occurrence of the following acts or
 2996  practices constitute a violation of this section:
 2997         (a)Disseminating an advertisement that:
 2998         1.Simulates a summons, complaint, jury notice, or other
 2999  court, judicial, or administrative process of any kind.
 3000         2.Represents, implies, or otherwise engages in an action
 3001  that may reasonably cause confusion that the person using or
 3002  employing the advertisement is a part of or associated with a
 3003  governmental entity, when such is not true.
 3004         (b)Representing, implying, or otherwise reasonably causing
 3005  confusion that goods, services, an advertisement, or an offer
 3006  was disseminated by or has been approved, authorized, or
 3007  endorsed, in whole or in part, by a governmental entity, when
 3008  such is not true.
 3009         (c)Using or employing language, symbols, logos,
 3010  representations, statements, titles, names, seals, emblems,
 3011  insignia, trade or brand names, business or control tracking
 3012  numbers, website or e-mail addresses, or any other term, symbol,
 3013  or other content that represents or implies or otherwise
 3014  reasonably causes confusion that goods, services, an
 3015  advertisement, or an offer is from a governmental entity, when
 3016  such is not true.
 3017         (d)Failing to provide the disclosures as required in
 3018  subsections (5) or (6).
 3019         (e)Failing to timely submit to the department written
 3020  responses and answers to its inquiries concerning alleged
 3021  practices inconsistent with, or in violation of, this section.
 3022  Responses or answers may include, but are not limited to, copies
 3023  of customer lists, invoices, receipts, or other business
 3024  records.
 3025         (5)NOTICE REGARDING DOCUMENT AVAILABILITY.—
 3026         (a)Any person offering documents that are available free
 3027  of charge or at a lesser price from a governmental entity must
 3028  provide the notice specified in paragraph (b) on advertisements
 3029  as follows:
 3030         1.For printed or written advertisements, notice must be in
 3031  the same font size, color, style, and visibility as primarily
 3032  used elsewhere on the page or envelope and displayed as follows:
 3033         a.On the outside front of any mailing envelope used in
 3034  disseminating the advertisement.
 3035         b.At the top of each printed or written page used in the
 3036  advertisement.
 3037         2.For electronic advertisements, notice must be in the
 3038  same font size, color, style, and visibility as the body text
 3039  primarily used in the e-mail or web page and displayed as
 3040  follows:
 3041         a.At the beginning of each e-mail message, before any
 3042  offer or other substantive information.
 3043         b.In a prominent location on each web page, such as the
 3044  top of each page or immediately following the offer or other
 3045  substantive information on the page.
 3046         (b)Advertisements specified in paragraph (a) must include
 3047  the following disclosure:
 3048  
 3049  “IMPORTANT NOTICE:
 3050  
 3051  The documents offered by this advertisement are available to
 3052  Florida consumers free of charge or for a lesser price from
 3053  ...(insert name, telephone number, and mailing address of the
 3054  applicable governmental entity).... You are NOT required to
 3055  purchase anything from this company and the company is NOT
 3056  affiliated, endorsed, or approved by any governmental entity.
 3057  The item offered in this advertisement has NOT been approved or
 3058  endorsed by any governmental agency, and this offer is NOT being
 3059  made by an agency of the government.”
 3060  
 3061         (6)NOTICE REGARDING CLAIM OF LEGAL COMPLIANCE.—
 3062         (a)Any person disseminating an advertisement that includes
 3063  a form or template to be completed by the consumer with the
 3064  claim that such form or template will assist the consumer in
 3065  complying with a legal filing or record retention requirement
 3066  must provide the notice specified in paragraph (b) on
 3067  advertisements as follows:
 3068         1.For printed or written advertisements, the notice must
 3069  be in the same font size, color, style, and visibility as
 3070  primarily used elsewhere on the page or envelope and displayed
 3071  as follows:
 3072         a.On the outside front of any mailing envelope used in
 3073  disseminating the advertisement.
 3074         b.At the top of each printed or written page used in the
 3075  advertisement.
 3076         2.For electronic advertisements, the notice must be in the
 3077  same font size, color, style, and visibility as the body text
 3078  primarily used in the e-mail or web page and displayed as
 3079  follows:
 3080         a.At the beginning of each e-mail message, before any
 3081  offer or other substantive information.
 3082         b.In a prominent location on each web page, such as the
 3083  top of each page or immediately following the offer or other
 3084  substantive information on the page.
 3085         (b)Advertisements specified in paragraph (a) must include
 3086  the following disclosure:
 3087  
 3088  “IMPORTANT NOTICE:
 3089  
 3090  You are NOT required to purchase anything from this company and
 3091  the company is NOT affiliated, endorsed, or approved by any
 3092  governmental entity. The item offered in this advertisement has
 3093  NOT been approved or endorsed by any governmental agency, and
 3094  this offer is NOT being made by an agency of the government.”
 3095  
 3096         (7)PENALTIES.—
 3097         (a)Any person substantially affected by a violation of
 3098  this section may bring an action in a court of proper
 3099  jurisdiction to enforce the provisions of this section. A person
 3100  prevailing in a civil action for a violation of this section
 3101  shall be awarded costs, including reasonable attorney fees, and
 3102  may be awarded punitive damages in addition to actual damages
 3103  proven. This provision is in addition to any other remedies
 3104  prescribed by law.
 3105         (b)The department may bring one or more of the following
 3106  for a violation of this section:
 3107         1.A civil action in circuit court for:
 3108         a.Temporary or permanent injunctive relief to enforce this
 3109  section.
 3110         b.For printed advertisements and e-mail, a fine of up to
 3111  $1,000 for each separately addressed advertisement or message
 3112  containing content in violation of paragraphs (4)(a)-(d)
 3113  received by or addressed to a state resident.
 3114         c.For websites, a fine of up to $5,000 for each day a
 3115  website, with content in violation of paragraphs (4)(a)-(d), is
 3116  published and made available to the general public.
 3117         d.For violations of paragraph (4)(e), a fine of up to
 3118  $5,000 for each violation.
 3119         e.Recovery of restitution and damages on behalf of persons
 3120  substantially affected by a violation of this section.
 3121         f.The recovery of court costs and reasonable attorney
 3122  fees.
 3123         2.An action for an administrative fine in the Class III
 3124  category pursuant to s. 570.971 for each act or omission which
 3125  constitutes a violation under this section.
 3126         (c)The department may terminate any investigation or
 3127  action upon agreement by the alleged offender to pay a
 3128  stipulated fine, make restitution, pay damages to customers, or
 3129  satisfy any other relief authorized by this section.
 3130         (d)In addition to any remedies or penalties set forth in
 3131  this section, any person who violates paragraphs (4) (a)-(d)
 3132  also commits an unfair or deceptive trade practice in violation
 3133  of part II of chapter 501 and is subject to the penalties and
 3134  remedies imposed for such violation.
 3135         Section 59. Paragraph (m) of subsection (3) of section
 3136  489.105, Florida Statutes, is amended to read:
 3137         489.105 Definitions.—As used in this part:
 3138         (3) “Contractor” means the person who is qualified for, and
 3139  is only responsible for, the project contracted for and means,
 3140  except as exempted in this part, the person who, for
 3141  compensation, undertakes to, submits a bid to, or does himself
 3142  or herself or by others construct, repair, alter, remodel, add
 3143  to, demolish, subtract from, or improve any building or
 3144  structure, including related improvements to real estate, for
 3145  others or for resale to others; and whose job scope is
 3146  substantially similar to the job scope described in one of the
 3147  paragraphs of this subsection. For the purposes of regulation
 3148  under this part, the term “demolish” applies only to demolition
 3149  of steel tanks more than 50 feet in height; towers more than 50
 3150  feet in height; other structures more than 50 feet in height;
 3151  and all buildings or residences. Contractors are subdivided into
 3152  two divisions, Division I, consisting of those contractors
 3153  defined in paragraphs (a)-(c), and Division II, consisting of
 3154  those contractors defined in paragraphs (d)-(q):
 3155         (m) “Plumbing contractor” means a contractor whose services
 3156  are unlimited in the plumbing trade and includes contracting
 3157  business consisting of the execution of contracts requiring the
 3158  experience, financial means, knowledge, and skill to install,
 3159  maintain, repair, alter, extend, or, if not prohibited by law,
 3160  design plumbing. A plumbing contractor may install, maintain,
 3161  repair, alter, extend, or, if not prohibited by law, design the
 3162  following without obtaining an additional local regulatory
 3163  license, certificate, or registration: sanitary drainage or
 3164  storm drainage facilities, water and sewer plants and
 3165  substations, venting systems, public or private water supply
 3166  systems, septic tanks, drainage and supply wells, swimming pool
 3167  piping, irrigation systems, and solar heating water systems and
 3168  all appurtenances, apparatus, or equipment used in connection
 3169  therewith, including boilers and pressure process piping and
 3170  including the installation of water, natural gas, liquefied
 3171  petroleum gas and related venting, and storm and sanitary sewer
 3172  lines. The scope of work of the plumbing contractor also
 3173  includes the design, if not prohibited by law, and installation,
 3174  maintenance, repair, alteration, or extension of air-piping,
 3175  vacuum line piping, oxygen line piping, nitrous oxide piping,
 3176  and all related medical gas systems; fire line standpipes and
 3177  fire sprinklers if authorized by law; ink and chemical lines;
 3178  fuel oil and gasoline piping and tank and pump installation,
 3179  except bulk storage plants; and pneumatic control piping
 3180  systems, all in a manner that complies with all plans,
 3181  specifications, codes, laws, and regulations applicable. The
 3182  scope of work of the plumbing contractor applies to private
 3183  property and public property, including any excavation work
 3184  incidental thereto, and includes the work of the specialty
 3185  plumbing contractor. Such contractor shall subcontract, with a
 3186  qualified contractor in the field concerned, all other work
 3187  incidental to the work but which is specified as being the work
 3188  of a trade other than that of a plumbing contractor. This
 3189  definition does not limit the scope of work of any specialty
 3190  contractor certified pursuant to s. 489.113(6) and does not
 3191  require certification or registration under this part as a
 3192  category I liquefied petroleum gas dealer, or category V LP gas
 3193  installer, as defined in s. 527.01, or specialty installer who
 3194  is licensed under chapter 527 or an authorized employee of a
 3195  public natural gas utility or of a private natural gas utility
 3196  regulated by the Public Service Commission when disconnecting
 3197  and reconnecting water lines in the servicing or replacement of
 3198  an existing water heater. A plumbing contractor may perform
 3199  drain cleaning and clearing and install or repair rainwater
 3200  catchment systems; however, a mandatory licensing requirement is
 3201  not established for the performance of these specific services.
 3202         Section 60. Subsection (3) of section 527.06, Florida
 3203  Statutes, is reenacted to read:
 3204         527.06 Rules.—
 3205         (3) Rules in substantial conformity with the published
 3206  standards of the National Fire Protection Association (NFPA) are
 3207  deemed to be in substantial conformity with the generally
 3208  accepted standards of safety concerning the same subject matter.
 3209         Section 61. This act shall take effect July 1, 2018.