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