Florida Senate - 2009                              CS for SB 868
       
       
       
       By the Committee on Agriculture; and Senator Dean
       
       
       
       
       575-02637-09                                           2009868c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending s. 482.021, F.S.; revising
    4         terminology to modify requirements for supervision
    5         provided by certified operators in charge of pest
    6         control businesses; amending s. 482.051, F.S.;
    7         requiring pest control licensees to perform
    8         inspections before issuing certain contracts; amending
    9         s. 482.071, F.S.; increasing the financial
   10         responsibility requirements for pest control
   11         licensees; creating s. 482.072, F.S.; requiring pest
   12         control service center licenses; providing license
   13         application requirements and procedures; providing for
   14         expiration and renewal of licenses; establishing
   15         license fees; exempting pest control service center
   16         employees from identification card requirements except
   17         under certain circumstances; requiring recordkeeping
   18         and monitoring of service center operations;
   19         authorizing disciplinary action against pest control
   20         licensees for violations committed by service center
   21         employees; amending s. 482.152, F.S.; revising duties
   22         and supervisory requirements of certified operators in
   23         charge of pest control businesses; creating s.
   24         482.157, F.S.; providing for pest control
   25         certification of commercial wildlife management
   26         personnel; providing application procedures and
   27         requirements; requiring a certification examination;
   28         establishing certification fees; amending s. 482.163,
   29         F.S.; authorizing disciplinary action against pest
   30         control licensees for violations by employees under
   31         certain circumstances; limiting the grounds for
   32         disciplinary action against a certified operator in
   33         charge; requiring notices of administrative actions
   34         taken against pest control employees; amending s.
   35         482.226, F.S.; increasing the financial responsibility
   36         requirements for certain pest control licensees;
   37         amending s. 493.6102, F.S.; specifying that provisions
   38         regulating security officers do not apply to certain
   39         officers performing off-duty activities; amending s.
   40         493.6105, F.S.; revising application requirements and
   41         procedures for private investigator, security officer,
   42         or recovery agent licenses; specifying application
   43         requirements for firearms instructor license; amending
   44         s. 493.6106, F.S.; revising citizenship requirements
   45         and documentation for private investigator, security
   46         officer, and recovery agent licenses; prohibiting
   47         licensure of applicants prohibited from purchasing or
   48         possessing firearms; requiring notice of changes to
   49         branch office locations for private investigative,
   50         security, or recovery agencies; amending s. 493.6107,
   51         F.S.; requiring the department to accept certain
   52         methods of payment for certain fees; amending s.
   53         493.6108, F.S.; revising requirements for criminal
   54         history checks of license applicants whose
   55         fingerprints are not legible; requiring investigation
   56         of the mental and emotional fitness of applicants for
   57         firearms instructor licenses; amending s. 493.6111,
   58         F.S.; requiring a security officer school or recovery
   59         agent school to obtain the department’s approval for
   60         use of a fictitious name; amending s. 493.6113, F.S.;
   61         revising application renewal procedures and
   62         requirements; amending s. 493.6115, F.S.; conforming
   63         cross-references; amending s. 493.6118, F.S.;
   64         authorizing disciplinary action against private
   65         investigators, security officers, and recovery agents
   66         who are prohibited from purchasing or possessing
   67         firearms; amending s. 493.6121, F.S.; deleting
   68         provisions for the department’s access to certain
   69         criminal history records provided to licensed gun
   70         dealers, manufactures, and exporters; amending s.
   71         493.6202, F.S.; requiring the department to accept
   72         certain methods of payment for certain fees; amending
   73         s. 493.6203, F.S.; prohibiting bodyguard services from
   74         being credited toward certain license requirements;
   75         revising training requirements for private
   76         investigator intern license applicants; amending s.
   77         493.6302, F.S.; requiring the department to accept
   78         certain methods of payment for certain fees; amending
   79         s. 493.6303, F.S.; revising the training requirements
   80         for security officer license applicants; amending s.
   81         493.6304, F.S.; revising application requirements and
   82         procedures for security officer school licenses;
   83         amending s. 493.6401, F.S.; revising terminology for
   84         recovery agent schools and training facilities;
   85         amending s. 493.6402, F.S.; revising terminology for
   86         recovery agent schools and training facilities;
   87         requiring the department to accept certain methods of
   88         payment for certain fees; amending s. 493.6406, F.S.;
   89         requiring recovery agent school and instructor
   90         licenses; providing license application requirements
   91         and procedures; amending s. 500.03, F.S.; revising the
   92         term “food establishment” to include tomato repackers
   93         for purposes of the Florida Food Safety Act; amending
   94         s. 500.121, F.S.; permitting fines not exceeding
   95         $5,000 per violation of certain food safety laws;
   96         creating s. 500.70, F.S.; defining terms; requiring
   97         minimum food safety standards for producing,
   98         harvesting, packing, and repacking tomatoes;
   99         authorizing the department to inspect tomato farms,
  100         greenhouses, and packinghouses or repackers; providing
  101         penalties; authorizing the department to adopt best
  102         management practices for the tomato industry by rule;
  103         providing a presumption that tomatoes introduced into
  104         commerce are safe for human consumption under certain
  105         circumstances; authorizing the department to adopt
  106         rules; amending ss. 501.605 and 501.607, F.S.;
  107         revising application requirements for commercial
  108         telephone seller and salesperson licenses; amending s.
  109         501.913, F.S.; specifying the sample size required for
  110         antifreeze registration application; amending s.
  111         525.01, F.S.; revising requirements for petroleum fuel
  112         affidavits; amending s. 525.09, F.S.; imposing an
  113         inspection fee on certain alternative fuels containing
  114         alcohol; amending s. 526.50, F.S.; defining terms
  115         applicable to regulation of the sale of brake fluid;
  116         amending s. 526.51, F.S.; revising brake fluid permit
  117         application requirements; deleting permit renewal
  118         requirements; providing for reregistration of brake
  119         fluid and establishing fees; amending s. 526.52, F.S.;
  120         revising requirements for printed statements on brake
  121         fluid containers; amending s. 526.53, F.S.; revising
  122         requirements and procedures for brake fluid stop-sale
  123         orders; authorizing businesses to dispose of
  124         unregistered brake fluid under certain circumstances;
  125         amending s. 527.02, F.S.; increasing fees for
  126         liquefied petroleum gas licenses; revising fees for
  127         pipeline system operators; amending s. 527.0201, F.S.;
  128         revising requirements for liquefied petroleum gas
  129         qualifying examinations; increasing examination fees;
  130         increasing continuing education requirements for
  131         certain liquefied petroleum gas qualifiers; amending
  132         s. 527.021, F.S.; requiring the annual inspection of
  133         liquefied petroleum gas transport vehicles; increasing
  134         the inspection fee; amending s. 527.12, F.S.;
  135         providing for the issuance of certain stop orders;
  136         amending ss. 559.805 and 559.928, F.S.; deleting
  137         requirements that lists of independent agents of
  138         sellers of business opportunities and the agents’
  139         registration affidavits include the agents’ social
  140         security numbers; amending s. 570.07, F.S.;
  141         authorizing the department to adopt best management
  142         practices for agricultural production and food safety;
  143         amending s. 570.0725, F.S.; revising provisions for
  144         public information about food banks and similar food
  145         recovery programs; authorizing the department to adopt
  146         rules; amending s. 570.48, F.S.; revising duties of
  147         the Division of Fruit and Vegetables for tomato food
  148         safety inspections; amending ss. 570.53 and 570.54,
  149         F.S.; conforming cross-references; amending s. 570.55,
  150         F.S.; revising requirements for identifying sellers or
  151         handlers of tropical or subtropical fruit or
  152         vegetables; amending s. 570.902, F.S.; conforming
  153         terminology to the repeal by the act of provisions
  154         establishing the Florida Agricultural Museum; amending
  155         s. 570.903, F.S.; revising provisions for direct
  156         support organizations for certain agricultural
  157         programs to conform to the repeal by the act of
  158         provisions establishing the Florida Agricultural
  159         Museum; deleting provisions for a direct-support
  160         organization for the Florida State Collection of
  161         Arthropods; amending s. 581.011, F.S.; deleting
  162         terminology relating to the Florida State Collection
  163         of Arthropods; revising the term “nursery” for
  164         purposes of plant industry regulations; amending s.
  165         581.031, F.S.; increasing citrus source tree
  166         registration fees; amending s. 581.131, F.S.;
  167         increasing registration fees for a nurseryman, stock
  168         dealer, agent, or plant broker certificate; amending
  169         s. 581.211, F.S.; increasing the maximum fine for
  170         violations of plant industry regulations; amending s.
  171         583.13, F.S.; deleting a prohibition on the sale of
  172         poultry without displaying the poultry grade; amending
  173         s. 590.125, F.S.; revising terminology for open
  174         burning authorizations; specifying purposes of
  175         certified prescribed burning; requiring the
  176         authorization of the Division of Forestry for
  177         certified pile burning; providing pile burning
  178         requirements; limiting the liability of property
  179         owners or agents engaged in pile burning; providing
  180         for the certification of pile burners; providing
  181         penalties for violations by certified pile burners;
  182         requiring rules; revising notice requirements for
  183         wildfire hazard reduction treatments; providing for
  184         approval of local government open burning
  185         authorization programs; providing program
  186         requirements; authorizing the division to close local
  187         government programs under certain circumstances;
  188         providing penalties for violations of local government
  189         open burning requirements; amending s. 590.14, F.S.;
  190         authorizing fines for violations of any division rule;
  191         providing penalties for certain violations; providing
  192         legislative intent; amending s. 599.004, F.S.;
  193         revising standards that a winery must meet to qualify
  194         as a certified Florida Farm Winery; amending s.
  195         604.15, F.S.; revising the term “agricultural
  196         products” to make tropical foliage exempt from
  197         regulation under provisions relating to dealers in
  198         agricultural products; defining the term “responsible
  199         position”; amending s. 604.19, F.S.; revising
  200         requirements for late fees on agricultural products
  201         dealer applications; amending s. 604.20, F.S.;
  202         revising the minimum amount of the surety bond or
  203         certificate of deposit required for agricultural
  204         products dealer licenses; providing conditions for the
  205         payment of bond or certificate of deposit proceeds;
  206         requiring additional documentation for issuance of a
  207         conditional license; amending s. 604.25, F.S.;
  208         authorizing the department to deny licenses to certain
  209         applicants; deleting a provision prohibiting certain
  210         persons from holding a responsible position with a
  211         licensee; amending s. 616.242, F.S.; authorizing the
  212         issuance of stop-operation orders for amusement rides
  213         under certain circumstances; amending s. 790.06, F.S.;
  214         authorizing a concealed firearm license applicant to
  215         submit fingerprints administered by the Division of
  216         Licensing; repealing ss. 570.071 and 570.901, F.S.,
  217         relating to the Florida Agricultural Exposition and
  218         the Florida Agricultural Museum; providing an
  219         effective date.
  220  
  221  Be It Enacted by the Legislature of the State of Florida:
  222  
  223         Section 1. Subsections (5) and (7) of section 482.021,
  224  Florida Statutes, are amended to read:
  225         482.021 Definitions.—For the purposes of this chapter, and
  226  unless otherwise required by the context, the term:
  227         (5) “Certified operator in charge” means a certified
  228  operator:
  229         (a) Whose primary occupation is the pest control business;
  230         (b) Who is employed full time by a licensee; and
  231         (c) Whose principal duty is the personal supervision of the
  232  licensee’s operation in a category or categories of pest control
  233  in which the operator is certified.
  234         (7) “Employee” means a person who is employed by a licensee
  235  that provides that person with necessary training, supervision,
  236  pesticides, equipment, and insurance and who receives
  237  compensation from and is under the personal supervision and
  238  direct control of the licensee’s certified operator in charge
  239  and from whose compensation the licensee regularly deducts and
  240  matches federal insurance contributions and federal income and
  241  Social Security taxes.
  242         Section 2. Subsection (3) of section 482.051, Florida
  243  Statutes, is amended to read:
  244         482.051 Rules.—The department has authority to adopt rules
  245  pursuant to ss. 120.536(1) and 120.54 to implement the
  246  provisions of this chapter. Prior to proposing the adoption of a
  247  rule, the department shall counsel with members of the pest
  248  control industry concerning the proposed rule. The department
  249  shall adopt rules for the protection of the health, safety, and
  250  welfare of pest control employees and the general public which
  251  require:
  252         (3) That written contracts be required for providing
  253  termites and other wood-destroying organisms pest control, that
  254  provisions necessary to assure consumer protection as specified
  255  by the department be included in such contracts, that licensees
  256  perform an inspection before issuing a contract on an existing
  257  structure, and that require licensees to comply with the
  258  contracts issued.
  259         Section 3. Subsection (4) of section 482.071, Florida
  260  Statutes, is amended to read:
  261         482.071 Licenses.—
  262         (4) A licensee may not operate a pest control business
  263  without carrying the required insurance coverage. Each person
  264  making application for a pest control business license or
  265  renewal thereof must furnish to the department a certificate of
  266  insurance that meets the requirements for minimum financial
  267  responsibility for bodily injury and property damage consisting
  268  of:
  269         (a) Bodily injury: $250,000 $100,000 each person and
  270  $500,000 $300,000 each occurrence; and property damage: $250,000
  271  $50,000 each occurrence and $500,000 $100,000 in the aggregate;
  272  or
  273         (b) Combined single-limit coverage: $500,000 $400,000 in
  274  the aggregate.
  275         Section 4. Section 482.072, Florida Statutes, is created to
  276  read:
  277         482.072Pest control service centers.—
  278         (1)The department may issue a license to a qualified
  279  business to operate a pest control service center, to solicit
  280  pest control business, or to provide services to customers for
  281  one or more business locations licensed under s. 482.071. A
  282  person may not operate a centralized service center for a pest
  283  control business that is not licensed by the department.
  284         (2)(a)Before operating a pest control service center, and
  285  annually thereafter, on or before an anniversary date set by the
  286  department for the licensed pest control service center
  287  location, the pest control business must apply to the department
  288  for a license under this chapter, or a renewal thereof, for each
  289  pest control service center location. An application must be
  290  submitted in the format prescribed by the department.
  291         (b)The department shall establish a fee for the issuance
  292  of a pest control service center license of at least $500, but
  293  not more than $1,000, and a fee for the renewal of a license of
  294  at least $250, but not more than $500; however, until rules
  295  setting the fees are adopted by the department, the initial
  296  license and renewal fees are each set at $500. The department
  297  shall establish a grace period, not to exceed 30 calendar days
  298  after a license’s anniversary renewal date. The department shall
  299  assess a late renewal fee of $150, in addition to the renewal
  300  fee, to a business that renews its license after the grace
  301  period.
  302         (c)A license automatically expires 60 calendar days after
  303  the anniversary renewal date unless the license is renewed
  304  before that date. Once a license expires, it may be reinstated
  305  only upon reapplication and payment of the license fee and late
  306  renewal fee.
  307         (d)A license automatically expires when a licensee changes
  308  its pest control service center business location address. The
  309  department shall issue a new license upon payment of a $250 fee.
  310  The new license automatically expires 60 calendar days after the
  311  anniversary renewal date of the former license unless the
  312  license is renewed before that date.
  313         (e)The department may not issue or renew a license to
  314  operate a centralized pest control service center unless the
  315  pest control business licensees for whom the centralized service
  316  center solicits business have one or more common owners.
  317         (f)The department may deny the issuance of a pest control
  318  service center license, or refuse to renew a license, if the
  319  department finds that the applicant or licensee, or any of its
  320  directors, officers, owners, or general partners, are or were
  321  directors, officers, owners, or general partners of a pest
  322  control business described in s. 482.071(2)(g) or violated a
  323  rule adopted under s. 482.071(2)(f).
  324         (g)Section 482.091 does not apply to a person who solicits
  325  pest control services or provides customer service in a licensed
  326  pest control service center unless the person performs the pest
  327  control work described in s. 482.021(21)(a)-(d), executes a pest
  328  control contract, or accepts remuneration for such work.
  329         (3)(a)The department shall adopt rules establishing
  330  requirements and procedures for recordkeeping and monitoring of
  331  pest control service center operations to ensure compliance with
  332  this chapter and rules adopted under this chapter.
  333         (b)Notwithstanding s. 482.163, whether an employee acts
  334  outside of the course and scope of his or her employment or
  335  whether the employee disobeys employer policies:
  336         1.A pest control service center licensee may be subject to
  337  disciplinary action under s. 482.161 for a violation of this
  338  chapter or a rule adopted under this chapter committed by an
  339  employee of the service center.
  340         2.A pest control business licensee may be subject to
  341  disciplinary action under s. 482.161 for a violation committed
  342  by an employee of the service center if the business licensee
  343  benefits from the violation.
  344         Section 5. Section 482.152, Florida Statutes, is amended to
  345  read:
  346         482.152 Duties of certified operator in charge of pest
  347  control activities of licensee.—A certified operator in charge
  348  of the pest control activities of a licensee shall have her or
  349  his primary occupation with the licensee and shall be a full
  350  time employee of the licensee. The, and her or his principal
  351  duties of the certified operator in charge duty shall include:
  352         (1)The Responsibility for the personal supervision of, and
  353  participation in, the pest control activities of at the business
  354  location of the licensee. This chapter does not prevent a
  355  certified operator in charge from performing duties at other
  356  business locations owned by the licensee if:
  357         (a)The certified operator in charge performs her or his
  358  duties as provided in this section for the business location of
  359  the licensee.
  360         (b)The certified operator in charge is a full-time
  361  employee of the licensee.
  362         (c)The primary occupation of the certified operator in
  363  charge is the pest control business. as the same relate to:
  364         (2)(1)The Selection of proper and correct chemicals for
  365  the particular pest control work performed.
  366         (3)(2)The Safe and proper use of the pesticides used.
  367         (4)(3)The Correct concentration and formulation of
  368  pesticides used in all pest control work performed.
  369         (5)(4)The Training of personnel in the proper and
  370  acceptable methods of pest control.
  371         (6)(5)The Control measures and procedures used.
  372         (7)(6)The Notification of the department of any accidental
  373  human poisoning or death connected with pest control work
  374  performed on a job she or he is supervising, within 24 hours
  375  after she or he has knowledge of the poisoning or death.
  376         Section 6. Section 482.157, Florida Statutes, is created to
  377  read:
  378         482.157Limited certification for commercial wildlife
  379  management personnel.—
  380         (1)The department shall establish a limited certification
  381  category for individual commercial wildlife management personnel
  382  which authorizes the personnel to use nonchemical methods for
  383  controlling pest birds or rodents, including, but not limited
  384  to, the use of traps, glue boards, mechanical or electronic
  385  devices, or exclusionary techniques.
  386         (2)A person seeking limited certification under this
  387  section must pass an examination administered by the department.
  388  An application for examination must be accompanied by an
  389  examination fee set by rule of the department of at least $150
  390  but not to exceed $300. The department shall provide the
  391  appropriate reference materials for the examination and make the
  392  examination readily available to applicants at least quarterly
  393  or as often as necessary in each county. Before the department
  394  issues a limited certification under this section, the person
  395  applying for certification must furnish proof that he or she
  396  holds a certificate of insurance stating that his or her
  397  employer meets the requirements for minimum financial
  398  responsibility in s. 482.071(4).
  399         (3)An application for recertification under this section
  400  must be submitted annually and be accompanied by a
  401  recertification fee set by rule of the department of at least
  402  $75 but not to exceed $150. The application must also be
  403  accompanied by proof that:
  404         (a)The applicant completed 4 classroom hours of acceptable
  405  continuing education.
  406         (b)The applicant holds a certificate of insurance stating
  407  that his or her employer meets the requirements for minimum
  408  financial responsibility in s. 482.071(4).
  409         (4)The department shall establish a grace period, not to
  410  exceed 30 calendar days after an annual date established by the
  411  department on which recertification is due. The department shall
  412  assess a late charge of $50, in addition to the recertification
  413  fee, to commercial wildlife management personnel who are
  414  recertified after the grace period.
  415         (5)A limited certification automatically expires 180
  416  calendar days after the annual date on which recertification is
  417  due unless the commercial wildlife personnel are recertified
  418  before the certification expires. Once a certification expires,
  419  certification may be issued only upon successful reexamination
  420  and payment of the examination fees.
  421         (6)Certification under this section does not authorize:
  422         (a)Use of any pesticide or chemical substance, other than
  423  adhesive materials, to control pest birds, rodents, or other
  424  nuisance wildlife in, on, or under a structure.
  425         (b)Operation of a pest control business.
  426         (c)Supervision of a certified person.
  427         Section 7. Section 482.163, Florida Statutes, is amended to
  428  read:
  429         482.163 Responsibility for pest control activities of
  430  employee.—Proper performance of pest control activities by a
  431  pest control business employee is the responsibility not only of
  432  the employee but also of the licensee and the certified operator
  433  in charge, and the licensee and certified operator in charge may
  434  be subject to disciplinary action under disciplined pursuant to
  435  the provisions of s. 482.161 for the pest control activities of
  436  an employee unless the employee acts outside of the course and
  437  scope of his or her employment or the employee disobeys employer
  438  policies that the licensee and certified operator in charge
  439  regularly and consistently enforce. The department will notify
  440  the licensee and certified operator in charge so that corrective
  441  action can be taken when an administrative action is initiated
  442  against an employee of the licensee as a result of an inspection
  443  or investigation. A licensee may not automatically be considered
  444  responsible for violations made by an employee. However, the
  445  licensee may not knowingly encourage, aid, or abet violations of
  446  this chapter.
  447         Section 8. Subsection (6) of section 482.226, Florida
  448  Statutes, is amended to read:
  449         482.226 Wood-destroying organism inspection report; notice
  450  of inspection or treatment; financial responsibility.—
  451         (6) Any licensee that performs wood-destroying organism
  452  inspections in accordance with subsection (1) must meet minimum
  453  financial responsibility in the form of errors and omissions
  454  (professional liability) insurance coverage or bond in an amount
  455  no less than $250,000 $50,000 in the aggregate and $25,000 per
  456  occurrence, or demonstrate that the licensee has equity or net
  457  worth of no less than $500,000 $100,000 as determined by
  458  generally accepted accounting principles substantiated by a
  459  certified public accountant’s review or certified audit. The
  460  licensee must show proof of meeting this requirement at the time
  461  of license application or renewal thereof.
  462         Section 9. Subsection (1) of section 493.6102, Florida
  463  Statutes, is amended to read:
  464         493.6102 Inapplicability of this chapter.—This chapter
  465  shall not apply to:
  466         (1) Any individual who is an “officer” as defined in s.
  467  943.10(14), or is a law enforcement officer of the United States
  468  Government, while the such local, state, or federal officer is
  469  engaged in her or his official duties or, if approved by the
  470  officer’s supervisors, when performing off-duty activities as a
  471  security officer activities approved by her or his superiors.
  472         Section 10. Section 493.6105, Florida Statutes, is amended
  473  to read:
  474         493.6105 Initial application for license.—
  475         (1) Each individual, partner, or principal officer in a
  476  corporation, shall file with the department a complete
  477  application accompanied by an application fee not to exceed $60,
  478  except that the applicant for a Class “D” or Class “G” license
  479  shall not be required to submit an application fee. The
  480  application fee shall not be refundable.
  481         (a) The application submitted by any individual, partner,
  482  or corporate officer shall be approved by the department prior
  483  to that individual, partner, or corporate officer assuming his
  484  or her duties.
  485         (b) Individuals who invest in the ownership of a licensed
  486  agency, but do not participate in, direct, or control the
  487  operations of the agency shall not be required to file an
  488  application.
  489         (2) Each application shall be signed and verified by the
  490  individual under oath as provided in s. 95.525 and shall be
  491  notarized.
  492         (3) The application shall contain the following information
  493  concerning the individual signing same:
  494         (a) Name and any aliases.
  495         (b) Age and date of birth.
  496         (c) Place of birth.
  497         (d) Social security number or alien registration number,
  498  whichever is applicable.
  499         (e) Present residence address and his or her residence
  500  addresses within the 5 years immediately preceding the
  501  submission of the application.
  502         (f)Occupations held presently and within the 5 years
  503  immediately preceding the submission of the application.
  504         (f)(g) A statement of all criminal convictions, findings of
  505  guilt, and pleas of guilty or nolo contendere, regardless of
  506  adjudication of guilt.
  507         (g)One passport-type color photograph taken within the 6
  508  months immediately preceding submission of the application.
  509         (h) A statement whether he or she has ever been adjudicated
  510  incompetent under chapter 744.
  511         (i) A statement whether he or she has ever been committed
  512  to a mental institution under chapter 394.
  513         (j) A full set of fingerprints on a card provided by the
  514  department and a fingerprint fee to be established by rule of
  515  the department based upon costs determined by state and federal
  516  agency charges and department processing costs. An applicant who
  517  has, within the immediately preceding 6 months, submitted a
  518  fingerprint card and fee for licensing purposes under this
  519  chapter shall not be required to submit another fingerprint card
  520  or fee.
  521         (k) A personal inquiry waiver which allows the department
  522  to conduct necessary investigations to satisfy the requirements
  523  of this chapter.
  524         (l) Such further facts as may be required by the department
  525  to show that the individual signing the application is of good
  526  moral character and qualified by experience and training to
  527  satisfy the requirements of this chapter.
  528         (4)In addition to the application requirements outlined in
  529  subsection (3), the applicant for a Class “C,” Class “CC,” Class
  530  “E,” Class “EE,” or Class “G” license shall submit two color
  531  photographs taken within the 6 months immediately preceding the
  532  submission of the application, which meet specifications
  533  prescribed by rule of the department. All other applicants shall
  534  submit one photograph taken within the 6 months immediately
  535  preceding the submission of the application.
  536         (4)(5) In addition to the application requirements outlined
  537  under subsection (3), the applicant for a Class “C,” Class “E,”
  538  Class “M,” Class “MA,” Class “MB,” or Class “MR” license shall
  539  include a statement on a form provided by the department of the
  540  experience which he or she believes will qualify him or her for
  541  such license.
  542         (5)(6) In addition to the requirements outlined in
  543  subsection (3), an applicant for a Class “G” license shall
  544  satisfy minimum training criteria for firearms established by
  545  rule of the department, which training criteria shall include,
  546  but is not limited to, 28 hours of range and classroom training
  547  taught and administered by a Class “K” licensee; however, no
  548  more than 8 hours of such training shall consist of range
  549  training. If the applicant can show proof that he or she is an
  550  active law enforcement officer currently certified under the
  551  Criminal Justice Standards and Training Commission or has
  552  completed the training required for that certification within
  553  the last 12 months, or if the applicant submits one of the
  554  certificates specified in paragraph (6)(a) (7)(a), the
  555  department may waive the foregoing firearms training
  556  requirement.
  557         (6)(7) In addition to the requirements under subsection
  558  (3), an applicant for a Class “K” license shall:
  559         (a) Submit one of the following certificates:
  560         1. The Florida Criminal Justice Standards and Training
  561  Commission Firearms Instructor’s Certificate and confirmation by
  562  the commission that the applicant is authorized to provide
  563  firearms instruction.
  564         2. The National Rifle Association Law Enforcement Police
  565  Firearms Instructor’s Certificate.
  566         3.The National Rifle Association Security Firearms
  567  Instructor’s Certificate.
  568         3.4. A firearms instructor’s training certificate issued by
  569  any branch of the United States Armed Forces, from a federal law
  570  enforcement academy or agency, state, county, or municipal
  571  police academy in this state recognized as such by the Criminal
  572  Justice Standards and Training Commission or by the Department
  573  of Education.
  574         (b) Pay the fee for and pass an examination administered by
  575  the department which shall be based upon, but is not necessarily
  576  limited to, a firearms instruction manual provided by the
  577  department.
  578         (7)(8) In addition to the application requirements for
  579  individuals, partners, or officers outlined under subsection
  580  (3), the application for an agency license shall contain the
  581  following information:
  582         (a) The proposed name under which the agency intends to
  583  operate.
  584         (b) The street address, mailing address, and telephone
  585  numbers of the principal location at which business is to be
  586  conducted in this state.
  587         (c) The street address, mailing address, and telephone
  588  numbers of all branch offices within this state.
  589         (d) The names and titles of all partners or, in the case of
  590  a corporation, the names and titles of its principal officers.
  591         (8)(9) Upon submission of a complete application, a Class
  592  “CC,” Class “C,” Class “D,” Class “EE,” Class “E,” Class “M,”
  593  Class “MA,” Class “MB,” or Class “MR” applicant may commence
  594  employment or appropriate duties for a licensed agency or branch
  595  office. However, the Class “C” or Class “E” applicant must work
  596  under the direction and control of a sponsoring licensee while
  597  his or her application is being processed. If the department
  598  denies application for licensure, the employment of the
  599  applicant must be terminated immediately, unless he or she
  600  performs only unregulated duties.
  601         Section 11. Paragraph (f) of subsection (1) and paragraph
  602  (a) of subsection (2) of section 493.6106, Florida Statutes, are
  603  amended, and paragraph (g) is added to subsection (1) of that
  604  section, to read:
  605         493.6106 License requirements; posting.—
  606         (1) Each individual licensed by the department must:
  607         (f) Be a citizen or permanent legal resident alien of the
  608  United States or have appropriate been granted authorization
  609  issued to seek employment in this country by the United States
  610  Bureau of Citizenship and Immigration Services (USCIS) of the
  611  United States Department of Homeland Security.
  612         1.An applicant for a Class “C,” Class “CC,” Class “D,”
  613  Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class
  614  “MB,” Class “MR,” or Class “RI” license who is not a United
  615  States citizen must submit proof of current employment
  616  authorization issued by the United States Citizenship and
  617  Immigration Services or proof that she or he is deemed a
  618  permanent legal resident alien by the USCIS.
  619         2.An applicant for a Class “G” or Class “K” license who is
  620  not a United States citizen must submit proof that she or he is
  621  deemed a permanent legal resident alien by the United States
  622  Citizenship and Immigration Services, along with additional
  623  documentation establishing that she or he has resided in the
  624  state of residence shown on the application for at least 90
  625  consecutive days before the date that the application is
  626  submitted.
  627         3.An applicant for an agency or school license who is not
  628  a United States citizen or permanent legal resident alien must
  629  submit documentation issued by the United States Citizenship and
  630  Immigration Services stating that she or he is lawfully in the
  631  United States and is authorized to own and operate the type of
  632  agency or school for which she or he is applying. An employment
  633  authorization card issued by the United States Citizenship and
  634  Immigration Services is not sufficient documentation.
  635         (g)Not be prohibited from purchasing or possessing a
  636  firearm by state or federal law if the individual is applying
  637  for a Class “G” license or a Class “K” license.
  638         (2) Each agency shall have a minimum of one physical
  639  location within this state from which the normal business of the
  640  agency is conducted, and this location shall be considered the
  641  primary office for that agency in this state.
  642         (a) If an agency or branch office desires to change the
  643  physical location of the business, as it appears on the agency
  644  license, the department must be notified within 10 days of the
  645  change, and, except upon renewal, the fee prescribed in s.
  646  493.6107 must be submitted for each license requiring revision.
  647  Each license requiring revision must be returned with such
  648  notification.
  649         Section 12. Subsection (3) of section 493.6107, Florida
  650  Statutes, is amended to read:
  651         493.6107 Fees.—
  652         (3) The fees set forth in this section must be paid by
  653  certified check or money order or, at the discretion of the
  654  department, by agency check at the time the application is
  655  approved, except that the applicant for a Class “G” or Class “M”
  656  license must pay the license fee at the time the application is
  657  made. If a license is revoked or denied or if the application is
  658  withdrawn, the license fee shall not be refunded.
  659         Section 13. Paragraph (a) of subsection (1) and subsection
  660  (3) of section 493.6108, Florida Statutes, are amended to read:
  661         493.6108 Investigation of applicants by Department of
  662  Agriculture and Consumer Services.—
  663         (1) Except as otherwise provided, prior to the issuance of
  664  a license under this chapter, the department shall make an
  665  investigation of the applicant for a license. The investigation
  666  shall include:
  667         (a)1. An examination of fingerprint records and police
  668  records. When a criminal history analysis of any applicant under
  669  this chapter is performed by means of fingerprint card
  670  identification, the time limitations prescribed by s. 120.60(1)
  671  shall be tolled during the time the applicant’s fingerprint card
  672  is under review by the Department of Law Enforcement or the
  673  United States Department of Justice, Federal Bureau of
  674  Investigation.
  675         2. If a legible set of fingerprints, as determined by the
  676  Department of Law Enforcement or the Federal Bureau of
  677  Investigation, cannot be obtained after two attempts, the
  678  Department of Agriculture and Consumer Services may determine
  679  the applicant’s eligibility based upon a criminal history record
  680  check under the applicant’s name conducted by the Department of
  681  Law Enforcement if the and the Federal Bureau of Investigation.
  682  A set of fingerprints are taken by a law enforcement agency or
  683  the department and the applicant submits a written statement
  684  signed by the fingerprint technician or a licensed physician
  685  stating that there is a physical condition that precludes
  686  obtaining a legible set of fingerprints or that the fingerprints
  687  taken are the best that can be obtained is sufficient to meet
  688  this requirement.
  689         (3) The department shall also investigate the mental
  690  history and current mental and emotional fitness of any Class
  691  “G” or Class “K” applicant, and may deny a Class “G” or Class
  692  “K” license to anyone who has a history of mental illness or
  693  drug or alcohol abuse.
  694         Section 14. Subsection (4) of section 493.6111, Florida
  695  Statutes, is amended to read:
  696         493.6111 License; contents; identification card.—
  697         (4) Notwithstanding the existence of a valid Florida
  698  corporate registration, an no agency or school licensee may not
  699  conduct activities regulated under this chapter under any
  700  fictitious name without prior written authorization from the
  701  department to use that name in the conduct of activities
  702  regulated under this chapter. The department may not authorize
  703  the use of a name which is so similar to that of a public
  704  officer or agency, or of that used by another licensee, that the
  705  public may be confused or misled thereby. The authorization for
  706  the use of a fictitious name shall require, as a condition
  707  precedent to the use of such name, the filing of a certificate
  708  of engaging in business under a fictitious name under s. 865.09.
  709  A No licensee may not shall be permitted to conduct business
  710  under more than one fictitious name except as separately
  711  licensed nor shall the license be valid to protect any licensee
  712  who is engaged in the business under any name other than that
  713  specified in the license. An agency desiring to change its
  714  licensed name shall notify the department and, except upon
  715  renewal, pay a fee not to exceed $30 for each license requiring
  716  revision including those of all licensed employees except Class
  717  “D” or Class “G” licensees. Upon the return of such licenses to
  718  the department, revised licenses shall be provided.
  719         Section 15. Subsection (2) and paragraph (a) of subsection
  720  (3) of section 493.6113, Florida Statutes, are amended to read:
  721         493.6113 Renewal application for licensure.—
  722         (2) At least No less than 90 days before prior to the
  723  expiration date of the license, the department shall mail a
  724  written notice to the last known mailing residence address of
  725  the licensee for individual licensees and to the last known
  726  agency address for agencies.
  727         (3) Each licensee shall be responsible for renewing his or
  728  her license on or before its expiration by filing with the
  729  department an application for renewal accompanied by payment of
  730  the prescribed license fee.
  731         (a) Each Class “B” Class “A,” Class “B,” or Class “R”
  732  licensee shall additionally submit on a form prescribed by the
  733  department a certification of insurance which evidences that the
  734  licensee maintains coverage as required under s. 493.6110.
  735         Section 16. Subsection (8), paragraph (d) of subsection
  736  (12), and subsection (16) of section 493.6115, Florida Statutes,
  737  are amended to read:
  738         493.6115 Weapons and firearms.—
  739         (8) A Class “G” applicant must satisfy the minimum training
  740  criteria as set forth in s. 493.6105(5)(6) and as established by
  741  rule of the department.
  742         (12) The department may issue a temporary Class “G”
  743  license, on a case-by-case basis, if:
  744         (d) The applicant has received approval from the department
  745  subsequent to its conduct of a criminal history record check as
  746  authorized in s. 493.6108(1)(a)1. 493.6121(6).
  747         (16) If the criminal history record check program
  748  referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the
  749  department may issue a temporary “G” license on a case-by-case
  750  basis, provided that the applicant has met all statutory
  751  requirements for the issuance of a temporary “G” license as
  752  specified in subsection (12), excepting the criminal history
  753  record check stipulated there; provided, that the department
  754  requires that the licensed employer of the applicant conduct a
  755  criminal history record check of the applicant pursuant to
  756  standards set forth in rule by the department, and provide to
  757  the department an affidavit containing such information and
  758  statements as required by the department, including a statement
  759  that the criminal history record check did not indicate the
  760  existence of any criminal history that would prohibit licensure.
  761  Failure to properly conduct such a check, or knowingly providing
  762  incorrect or misleading information or statements in the
  763  affidavit shall constitute grounds for disciplinary action
  764  against the licensed agency, including revocation of license.
  765         Section 17. Present paragraph (u) of subsection (1) of
  766  section 493.6118, Florida Statutes, is redesignated as paragraph
  767  (v), and a new paragraph (u) is added to that subsection, to
  768  read:
  769         493.6118 Grounds for disciplinary action.—
  770         (1) The following constitute grounds for which disciplinary
  771  action specified in subsection (2) may be taken by the
  772  department against any licensee, agency, or applicant regulated
  773  by this chapter, or any unlicensed person engaged in activities
  774  regulated under this chapter.
  775         (u)For a Class “G” or a Class “K” applicant or licensee,
  776  being prohibited from purchasing or possessing a firearm by
  777  state or federal law.
  778         (v)(u) In addition to the grounds for disciplinary action
  779  prescribed in paragraphs (a)-(t), Class “R” recovery agencies,
  780  Class “E” recovery agents, and Class “EE” recovery agent interns
  781  are prohibited from committing the following acts:
  782         1. Recovering a motor vehicle, mobile home, motorboat,
  783  aircraft, personal watercraft, all-terrain vehicle, farm
  784  equipment, or industrial equipment that has been sold under a
  785  conditional sales agreement or under the terms of a chattel
  786  mortgage before authorization has been received from the legal
  787  owner or mortgagee.
  788         2. Charging for expenses not actually incurred in
  789  connection with the recovery, transportation, storage, or
  790  disposal of repossessed property or personal property obtained
  791  in a repossession.
  792         3. Using any repossessed property or personal property
  793  obtained in a repossession for the personal benefit of a
  794  licensee or an officer, director, partner, manager, or employee
  795  of a licensee.
  796         4. Selling property recovered under the provisions of this
  797  chapter, except with written authorization from the legal owner
  798  or the mortgagee thereof.
  799         5. Failing to notify the police or sheriff’s department of
  800  the jurisdiction in which the repossessed property is recovered
  801  within 2 hours after recovery.
  802         6. Failing to remit moneys collected in lieu of recovery of
  803  a motor vehicle, mobile home, motorboat, aircraft, personal
  804  watercraft, all-terrain vehicle, farm equipment, or industrial
  805  equipment to the client within 10 working days.
  806         7. Failing to deliver to the client a negotiable instrument
  807  that is payable to the client, within 10 working days after
  808  receipt of such instrument.
  809         8. Falsifying, altering, or failing to maintain any
  810  required inventory or records regarding disposal of personal
  811  property contained in or on repossessed property pursuant to s.
  812  493.6404(1).
  813         9. Carrying any weapon or firearm when he or she is on
  814  private property and performing duties under his or her license
  815  whether or not he or she is licensed pursuant to s. 790.06.
  816         10. Soliciting from the legal owner the recovery of
  817  property subject to repossession after such property has been
  818  seen or located on public or private property if the amount
  819  charged or requested for such recovery is more than the amount
  820  normally charged for such a recovery.
  821         11. Wearing, presenting, or displaying a badge in the
  822  course of performing a repossession regulated by this chapter.
  823         Section 18. Present subsections (7) and (8) of section
  824  493.6121, Florida Statutes, are renumbered as subsections (6)
  825  and (7), respectively, and subsection (6) of that section is
  826  amended, to read:
  827         493.6121 Enforcement; investigation.—
  828         (6)The department shall be provided access to the program
  829  that is operated by the Department of Law Enforcement, pursuant
  830  to s. 790.065, for providing criminal history record information
  831  to licensed gun dealers, manufacturers, and exporters. The
  832  department may make inquiries, and shall receive responses in
  833  the same fashion as provided under s. 790.065. The department
  834  shall be responsible for payment to the Department of Law
  835  Enforcement of the same fees as charged to others afforded
  836  access to the program.
  837         Section 19. Subsection (3) of section 493.6202, Florida
  838  Statutes, is amended to read:
  839         493.6202 Fees.—
  840         (3) The fees set forth in this section must be paid by
  841  certified check or money order or, at the discretion of the
  842  department, by agency check at the time the application is
  843  approved, except that the applicant for a Class “G,” Class “C,”
  844  Class “CC,” Class “M,” or Class “MA” license must pay the
  845  license fee at the time the application is made. If a license is
  846  revoked or denied or if the application is withdrawn, the
  847  license fee shall not be refunded.
  848         Section 20. Subsections (2), (4), and (6) of section
  849  493.6203, Florida Statutes, are amended to read:
  850         493.6203 License requirements.—In addition to the license
  851  requirements set forth elsewhere in this chapter, each
  852  individual or agency shall comply with the following additional
  853  requirements:
  854         (2) An applicant for a Class “MA” license shall have 2
  855  years of lawfully gained, verifiable, full-time experience, or
  856  training in:
  857         (a) Private investigative work or related fields of work
  858  that provided equivalent experience or training;
  859         (b) Work as a Class “CC” licensed intern;
  860         (c) Any combination of paragraphs (a) and (b);
  861         (d) Experience described in paragraph (a) for 1 year and
  862  experience described in paragraph (e) for 1 year;
  863         (e) No more than 1 year using:
  864         1. College coursework related to criminal justice,
  865  criminology, or law enforcement administration; or
  866         2. Successfully completed law enforcement-related training
  867  received from any federal, state, county, or municipal agency;
  868  or
  869         (f) Experience described in paragraph (a) for 1 year and
  870  work in a managerial or supervisory capacity for 1 year.
  871  
  872  However, experience in performing bodyguard services is not
  873  creditable toward the requirements of this subsection.
  874         (4) An applicant for a Class “C” license shall have 2 years
  875  of lawfully gained, verifiable, full-time experience, or
  876  training in one, or a combination of more than one, of the
  877  following:
  878         (a) Private investigative work or related fields of work
  879  that provided equivalent experience or training.
  880         (b) College coursework related to criminal justice,
  881  criminology, or law enforcement administration, or successful
  882  completion of any law enforcement-related training received from
  883  any federal, state, county, or municipal agency, except that no
  884  more than 1 year may be used from this category.
  885         (c) Work as a Class “CC” licensed intern.
  886  
  887  However, experience in performing bodyguard services is not
  888  creditable toward the requirements of this subsection.
  889         (6)(a) A Class “CC” licensee shall serve an internship
  890  under the direction and control of a designated sponsor, who is
  891  a Class “C,” Class “MA,” or Class “M” licensee.
  892         (b) Effective July 1, 2009 September 1, 2008, before
  893  submission of an application to the department, the an applicant
  894  for a Class “CC” license must have completed a minimum of 40 at
  895  least 24 hours of professional training a 40-hour course
  896  pertaining to general investigative techniques and this chapter,
  897  which course is offered by a state university or by a school,
  898  community college, college, or university under the purview of
  899  the Department of Education, and the applicant must pass an
  900  examination. The training must be provided in two parts, one 24
  901  hour course and one 16-hour course. The certificate evidencing
  902  satisfactory completion of the 40 at least 24 hours of
  903  professional training a 40-hour course must be submitted with
  904  the application for a Class “CC” license. The remaining 16 hours
  905  must be completed and an examination passed within 180 days. If
  906  documentation of completion of the required training is not
  907  submitted within the specified timeframe, the individual’s
  908  license is automatically suspended or his or her authority to
  909  work as a Class “CC” pursuant to s. 493.6105(9) is rescinded
  910  until such time as proof of certificate of completion is
  911  provided to the department. The training course specified in
  912  this paragraph may be provided by face-to-face presentation,
  913  online technology, or a home study course in accordance with
  914  rules and procedures of the Department of Education. The
  915  administrator of the examination must verify the identity of
  916  each applicant taking the examination.
  917         1. Upon an applicant’s successful completion of each part
  918  of the approved training course and passage of any required
  919  examination, the school, community college, college, or
  920  university shall issue a certificate of completion to the
  921  applicant. The certificates must be on a form established by
  922  rule of the department.
  923         2. The department shall establish by rule the general
  924  content of the professional training course and the examination
  925  criteria.
  926         3. If the license of an applicant for relicensure is has
  927  been invalid for more than 1 year, the applicant must complete
  928  the required training and pass any required examination.
  929         (c)An individual who submits an application for a Class
  930  “CC” license on or after September 1, 2008, through June 30,
  931  2009, who has not completed the 16-hour course must submit proof
  932  of successful completion of the course within 180 days after the
  933  date the application is submitted. If documentation of
  934  completion of the required training is not submitted by that
  935  date, the individual’s license is automatically suspended until
  936  proof of the required training is submitted to the department.
  937  An individual licensed on or before August 31, 2008, is not
  938  required to complete additional training hours in order to renew
  939  an active license beyond the required total amount of training,
  940  and within the timeframe, in effect at the time he or she was
  941  licensed.
  942         Section 21. Subsection (3) of section 493.6302, Florida
  943  Statutes, is amended to read:
  944         493.6302 Fees.—
  945         (3) The fees set forth in this section must be paid by
  946  certified check or money order or, at the discretion of the
  947  department, by agency check at the time the application is
  948  approved, except that the applicant for a Class “D,” Class “G,”
  949  Class “M,” or Class “MB” license must pay the license fee at the
  950  time the application is made. If a license is revoked or denied
  951  or if the application is withdrawn, the license fee shall not be
  952  refunded.
  953         Section 22. Subsection (4) of section 493.6303, Florida
  954  Statutes, is amended to read:
  955         493.6303 License requirements.—In addition to the license
  956  requirements set forth elsewhere in this chapter, each
  957  individual or agency shall comply with the following additional
  958  requirements:
  959         (4)(a) Effective July 1, 2009, an applicant for a Class “D”
  960  license must submit proof of successful completion of complete a
  961  minimum of 40 hours of professional training at a school or
  962  training facility licensed by the department. The training must
  963  be provided in two parts, one 24-hour course and one 16-hour
  964  course. The department shall by rule establish the general
  965  content and number of hours of each subject area to be taught.
  966         (b) An individual who submits an application for a Class
  967  “D” license on or after January 1, 2007, through June 30, 2009,
  968  who has not completed the 16-hour course must submit proof of
  969  successful completion of the course within 180 days after the
  970  date the application is submitted. If documentation of
  971  completion of the required training is not submitted by that
  972  date, the individual’s license is automatically suspended until
  973  proof of the required training is submitted to the department.
  974  This section does not require a person licensed before January
  975  1, 2007, to complete additional training hours in order to renew
  976  an active license beyond the required total amount of training
  977  within the timeframe prescribed by law at the time he or she was
  978  licensed. An applicant may fulfill the training requirement
  979  prescribed in paragraph (a) by submitting proof of:
  980         1.Successful completion of the total number of required
  981  hours of training before initial application for a Class “D”
  982  license; or
  983         2.Successful completion of 24 hours of training before
  984  initial application for a Class “D” license and successful
  985  completion of the remaining 16 hours of training within 180 days
  986  after the date that the application is submitted. If
  987  documentation of completion of the required training is not
  988  submitted within the specified timeframe, the individual’s
  989  license is automatically suspended until such time as proof of
  990  the required training is provided to the department.
  991         (c)An individual However, any person whose license is
  992  suspended or has been revoked, suspended pursuant to paragraph
  993  (b) subparagraph 2., or is expired for at least 1 year, or
  994  longer is considered, upon reapplication for a license, an
  995  initial applicant and must submit proof of successful completion
  996  of 40 hours of professional training at a school or training
  997  facility licensed by the department as provided prescribed in
  998  paragraph (a) before a license is will be issued. Any person
  999  whose license was issued before January 1, 2007, and whose
 1000  license has been expired for less than 1 year must, upon
 1001  reapplication for a license, submit documentation of completion
 1002  of the total number of hours of training prescribed by law at
 1003  the time her or his initial license was issued before another
 1004  license will be issued. This subsection does not require an
 1005  individual licensed before January 1, 2007, to complete
 1006  additional training hours in order to renew an active license,
 1007  beyond the required total amount of training within the
 1008  timeframe prescribed by law at the time she or he was licensed.
 1009         Section 23. Subsection (2) of section 493.6304, Florida
 1010  Statutes, is amended to read:
 1011         493.6304 Security officer school or training facility.—
 1012         (2) The application shall be signed and verified by the
 1013  applicant under oath as provided in s. 92.525 notarized and
 1014  shall contain, at a minimum, the following information:
 1015         (a) The name and address of the school or training facility
 1016  and, if the applicant is an individual, her or his name,
 1017  address, and social security or alien registration number.
 1018         (b) The street address of the place at which the training
 1019  is to be conducted.
 1020         (c) A copy of the training curriculum and final examination
 1021  to be administered.
 1022         Section 24. Subsections (7) and (8) of section 493.6401,
 1023  Florida Statutes, are amended to read:
 1024         493.6401 Classes of licenses.—
 1025         (7) Any person who operates a recovery agent repossessor
 1026  school or training facility or who conducts an Internet-based
 1027  training course or a correspondence training course must have a
 1028  Class “RS” license.
 1029         (8) Any individual who teaches or instructs at a Class “RS”
 1030  recovery agent repossessor school or training facility shall
 1031  have a Class “RI” license.
 1032         Section 25. Paragraphs (f) and (g) of subsection (1) and
 1033  subsection (3) of section 493.6402, Florida Statutes, are
 1034  amended to read:
 1035         493.6402 Fees.—
 1036         (1) The department shall establish by rule biennial license
 1037  fees which shall not exceed the following:
 1038         (f) Class “RS” license—recovery agent repossessor school or
 1039  training facility: $60.
 1040         (g) Class “RI” license—recovery agent repossessor school or
 1041  training facility instructor: $60.
 1042         (3) The fees set forth in this section must be paid by
 1043  certified check or money order, or, at the discretion of the
 1044  department, by agency check at the time the application is
 1045  approved, except that the applicant for a Class “E,” Class “EE,”
 1046  or Class “MR” license must pay the license fee at the time the
 1047  application is made. If a license is revoked or denied, or if an
 1048  application is withdrawn, the license fee shall not be refunded.
 1049         Section 26. Subsections (1) and (2) of section 493.6406,
 1050  Florida Statutes, are amended to read:
 1051         493.6406 Recovery agent Repossession services school or
 1052  training facility.—
 1053         (1) Any school, training facility, or instructor who offers
 1054  the training outlined in s. 493.6403(2) for Class “E” or Class
 1055  “EE” applicants shall, before licensure of such school, training
 1056  facility, or instructor, file with the department an application
 1057  accompanied by an application fee in an amount to be determined
 1058  by rule, not to exceed $60. The fee shall not be refundable.
 1059  This training may be offered as face-to-face training, Internet
 1060  based training, or correspondence training.
 1061         (2) The application shall be signed and verified by the
 1062  applicant under oath as provided in s. 92.525 notarized and
 1063  shall contain, at a minimum, the following information:
 1064         (a) The name and address of the school or training facility
 1065  and, if the applicant is an individual, his or her name,
 1066  address, and social security or alien registration number.
 1067         (b) The street address of the place at which the training
 1068  is to be conducted or the street address of the Class “RS”
 1069  school offering Internet-based or correspondence training.
 1070         (c) A copy of the training curriculum and final examination
 1071  to be administered.
 1072         Section 27. Paragraph (n) of subsection (1) of section
 1073  500.03, Florida Statutes, is amended to read:
 1074         500.03 Definitions; construction; applicability.—
 1075         (1) For the purpose of this chapter, the term:
 1076         (n) “Food establishment” means any factory, food outlet, or
 1077  any other facility manufacturing, processing, packing, holding,
 1078  or preparing food, or selling food at wholesale or retail. The
 1079  term does not include any business or activity that is regulated
 1080  under chapter 509 or chapter 601. The term includes tomato
 1081  packinghouses and repackers but does not include any other
 1082  establishments that pack fruits and vegetables in their raw or
 1083  natural states, including those fruits or vegetables that are
 1084  washed, colored, or otherwise treated in their unpeeled, natural
 1085  form before they are marketed.
 1086         Section 28. Subsection (1) of section 500.121, Florida
 1087  Statutes, is amended to read:
 1088         500.121 Disciplinary procedures.—
 1089         (1) In addition to the suspension procedures provided in s.
 1090  500.12, the department may impose a fine not exceeding $5,000
 1091  per violation against any retail food store or food
 1092  establishment that has violated this chapter, which fine, when
 1093  imposed and paid, shall be deposited by the department into the
 1094  General Inspection Trust Fund. The department may revoke or
 1095  suspend the permit of any such retail food store or food
 1096  establishment if it is satisfied that the retail food store or
 1097  food establishment has:
 1098         (a) Violated any of the provisions of this chapter.
 1099         (b) Violated or aided or abetted in the violation of any
 1100  law of this state governing or applicable to retail food stores
 1101  or food establishments or any lawful rules of the department.
 1102         (c) Knowingly committed, or been a party to, any material
 1103  fraud, misrepresentation, conspiracy, collusion, trick, scheme,
 1104  or device whereby any other person, lawfully relying upon the
 1105  word, representation, or conduct of a retail food store or food
 1106  establishment, acts to her or his injury or damage.
 1107         (d) Committed any act or conduct of the same or different
 1108  character than that enumerated which constitutes fraudulent or
 1109  dishonest dealing.
 1110         Section 29. Section 500.70, Florida Statutes, is created to
 1111  read:
 1112         500.70Tomato food safety standards; inspections;
 1113  penalties; tomato good agricultural practices; tomato best
 1114  management practices.—
 1115         (1)As used in this section, the term:
 1116         (a)“Field packing” means the packing of tomatoes on a
 1117  tomato farm or in a tomato greenhouse into containers for sale
 1118  for human consumption without transporting the tomatoes to a
 1119  packinghouse.
 1120         (b)“Packing” or “repacking” means the packing of tomatoes
 1121  into containers for sale for human consumption. The term
 1122  includes the sorting or separating of tomatoes into grades and
 1123  sizes. The term also includes field packing.
 1124         (c)“Producing” means the planting, growing, or cultivating
 1125  of tomatoes on a tomato farm or in a tomato greenhouse for sale
 1126  for human consumption.
 1127         (2)The department may adopt rules establishing food safety
 1128  standards to safeguard the public health and promote the public
 1129  welfare by protecting the consuming public from injury caused by
 1130  the adulteration or the microbiological, chemical, or
 1131  radiological contamination of tomatoes. The rules must be based
 1132  on federal requirements, available scientific research,
 1133  generally accepted industry practice, and recommendations of
 1134  food safety professionals. The rules shall apply to the
 1135  producing, harvesting, packing, and repacking of tomatoes for
 1136  sale for human consumption by a tomato farm, tomato greenhouse,
 1137  or tomato packinghouse or repacker in this state. The rules may
 1138  include, but are not limited to, standards for:
 1139         (a)Registration with the department of a person who
 1140  produces, harvests, packs, or repacks tomatoes in this state who
 1141  does not hold a food permit issued under s. 500.12.
 1142         (b)Proximity of domestic animals and livestock to the
 1143  production areas for tomatoes.
 1144         (c)Food safety related use of water for irrigation during
 1145  production and washing of tomatoes after harvest.
 1146         (d)Use of fertilizers.
 1147         (e)Cleaning and sanitation of containers, materials,
 1148  equipment, vehicles, and facilities, including storage and
 1149  ripening areas.
 1150         (f)Health, hygiene, and sanitation of employees who handle
 1151  tomatoes.
 1152         (g)Training and continuing education of a person who
 1153  produces, harvests, packs, or repacks tomatoes in this state,
 1154  and the person’s employees who handle tomatoes.
 1155         (h)Labeling and recordkeeping, including standards for
 1156  identifying and tracing tomatoes for sale for human consumption.
 1157         (3)(a)The department may inspect tomato farms, tomato
 1158  greenhouses, tomato packinghouses, repacking locations, or any
 1159  vehicle being used to transport or hold tomatoes to ensure
 1160  compliance with the applicable provisions of this chapter, and
 1161  the rules adopted under this chapter.
 1162         (b)The department may impose an administrative fine not to
 1163  exceed $5,000 per violation, or issue a written notice or
 1164  warning under s. 500.179, against a person who violates any
 1165  applicable provision of this chapter, or any rule adopted under
 1166  this chapter.
 1167         (4)(a)The department may adopt rules establishing tomato
 1168  good agricultural practices and tomato best management practices
 1169  for the state’s tomato industry based on applicable federal
 1170  requirements, available scientific research, generally accepted
 1171  industry practices, and recommendations of food safety
 1172  professionals.
 1173         (b)A person who documents compliance with the department’s
 1174  rules, tomato good agricultural practices, and tomato best
 1175  management practices is presumed to introduce tomatoes into the
 1176  stream of commerce that are safe for human consumption, unless
 1177  the department identifies noncompliance through inspections.
 1178         (5)The department may adopt rules pursuant to ss.
 1179  120.536(1) and 120.54 to administer this section.
 1180         Section 30. Paragraph (a) of subsection (2) of section
 1181  501.605, Florida Statutes, is amended to read:
 1182         501.605 Licensure of commercial telephone sellers.—
 1183         (2) An applicant for a license as a commercial telephone
 1184  seller must submit to the department, in such form as it
 1185  prescribes, a written application for the license. The
 1186  application must set forth the following information:
 1187         (a) The true name, date of birth, driver’s license number,
 1188  social security number, and home address of the applicant,
 1189  including each name under which he or she intends to do
 1190  business.
 1191  
 1192  The application shall be accompanied by a copy of any: Script,
 1193  outline, or presentation the applicant will require or suggest a
 1194  salesperson to use when soliciting, or, if no such document is
 1195  used, a statement to that effect; sales information or
 1196  literature to be provided by the applicant to a salesperson; and
 1197  sales information or literature to be provided by the applicant
 1198  to a purchaser in connection with any solicitation.
 1199         Section 31. Paragraph (a) of subsection (1) of section
 1200  501.607, Florida Statutes, is amended to read:
 1201         501.607 Licensure of salespersons.—
 1202         (1) An applicant for a license as a salesperson must submit
 1203  to the department, in such form as it prescribes, a written
 1204  application for a license. The application must set forth the
 1205  following information:
 1206         (a) The true name, date of birth, driver’s license number,
 1207  social security number, and home address of the applicant.
 1208         Section 32. Subsection (2) of section 501.913, Florida
 1209  Statutes, is amended to read:
 1210         501.913 Registration.—
 1211         (2) The completed application shall be accompanied by:
 1212         (a) Specimens or facsimiles of the label for each brand of
 1213  antifreeze;
 1214         (b) An application fee of $200 for each brand; and
 1215         (c) A properly labeled sample of at least 1 gallon, but not
 1216  more than 2 gallons, of each brand of antifreeze.
 1217         Section 33. Subsection (2) of section 525.01, Florida
 1218  Statutes, is amended to read:
 1219         525.01 Gasoline and oil to be inspected.—
 1220         (2) All petroleum fuels are shall be subject to inspection
 1221  and analysis by the department. Before selling or offering for
 1222  sale in this state any petroleum fuel, all manufacturers,
 1223  terminal suppliers, wholesalers, and importers as defined in s.
 1224  206.01 jobbers shall file with the department:
 1225         (a) An affidavit that they desire to do business in this
 1226  state, and the name and address of the manufacturer of the
 1227  petroleum fuel.
 1228         (b) An affidavit stating that the petroleum fuel is in
 1229  conformity with the standards prescribed by department rule.
 1230         Section 34. Subsections (1) and (3) of section 525.09,
 1231  Florida Statutes, are amended to read:
 1232         525.09 Inspection fee.—
 1233         (1) For the purpose of defraying the expenses incident to
 1234  inspecting, testing, and analyzing petroleum fuels in this
 1235  state, there shall be paid to the department a charge of one
 1236  eighth cent per gallon on all gasoline, alternative fuel
 1237  containing alcohol as defined in s. 525.01(1)(c)1. or 2.,
 1238  kerosene (except when used as aviation turbine fuel), and #1
 1239  fuel oil for sale or use in this state. This inspection fee
 1240  shall be imposed in the same manner as the motor fuel tax
 1241  pursuant to s. 206.41. Payment shall be made on or before the
 1242  25th day of each month.
 1243         (3) All remittances to the department for the inspection
 1244  tax herein provided shall be accompanied by a detailed report
 1245  under oath showing the number of gallons of gasoline,
 1246  alternative fuel containing alcohol, as defined in s.
 1247  525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered
 1248  in each county.
 1249         Section 35. Section 526.50, Florida Statutes, is amended to
 1250  read:
 1251         526.50 Definition of terms.—As used in this part:
 1252         (1) “Brake fluid” means the fluid intended for use as the
 1253  liquid medium through which force is transmitted in the
 1254  hydraulic brake system of a vehicle operated upon the highways.
 1255         (2)“Brand” means the product name appearing on the label
 1256  of a container of brake fluid.
 1257         (3)(5) “Container” means any receptacle in which brake
 1258  fluid is immediately contained when sold, but does not mean a
 1259  carton or wrapping in which a number of such receptacles are
 1260  shipped or stored or a tank car or truck.
 1261         (4)(2) “Department” means the Department of Agriculture and
 1262  Consumer Services.
 1263         (5)“Formula” means the name of the chemical mixture or
 1264  composition of the brake fluid product.
 1265         (6)(4) “Labeling” includes all written, printed or graphic
 1266  representations, in any form whatsoever, imprinted upon or
 1267  affixed to any container of brake fluid.
 1268         (7)(6) “Permit year” means a period of 12 months commencing
 1269  July 1 and ending on the next succeeding June 30.
 1270         (8)(7) “Registrant” means any manufacturer, packer,
 1271  distributor, seller, or other person who has registered a brake
 1272  fluid with the department.
 1273         (9)(3) “Sell” includes give, distribute, barter, exchange,
 1274  trade, keep for sale, offer for sale or expose for sale, in any
 1275  of their variant forms.
 1276         Section 36. Section 526.51, Florida Statutes, is amended to
 1277  read:
 1278         526.51 Registration; renewal and fees; departmental
 1279  expenses; cancellation or refusal to issue or renew.—
 1280         (1)(a) Application for registration of each brand of brake
 1281  fluid shall be made on forms to be supplied by the department.
 1282  The applicant shall give his or her name and address and the
 1283  brand name of the brake fluid, state that he or she owns the
 1284  brand name and has complete control over the product sold
 1285  thereunder in Florida, and provide the name and address of the
 1286  resident agent in Florida. If the applicant does not own the
 1287  brand name but wishes to register the product with the
 1288  department, a notarized affidavit that gives the applicant full
 1289  authorization to register the brand name and that is signed by
 1290  the owner of the brand name must accompany the application for
 1291  registration. The affidavit must include all affected brand
 1292  names, the owner’s company or corporate name and address, the
 1293  applicant’s company or corporate name and address, and a
 1294  statement from the owner authorizing the applicant to register
 1295  the product with the department. The owner of the brand name
 1296  shall maintain complete control over each product sold under
 1297  that brand name in this state. All first-time brand-formula
 1298  combination new product applications must be accompanied by a
 1299  certified report from an independent testing laboratory, setting
 1300  forth the analysis of the brake fluid which shall show its
 1301  quality to be not less than the specifications established by
 1302  the department for brake fluids. A sample of not less than 24
 1303  fluid ounces of brake fluid shall be submitted, in a container
 1304  or containers, with labels representing exactly how the
 1305  containers of brake fluid will be labeled when sold, and the
 1306  sample and container shall be analyzed and inspected by the
 1307  Division of Standards in order that compliance with the
 1308  department’s specifications and labeling requirements may be
 1309  verified. Upon approval of the application, the department shall
 1310  register the brand name of the brake fluid and issue to the
 1311  applicant a permit authorizing the registrant to sell the brake
 1312  fluid in this state during the permit year specified in the
 1313  permit.
 1314         (b) Each applicant shall pay a fee of $100 with each
 1315  application. An applicant seeking reregistration of a previously
 1316  registered brand-formula combination must submit a completed
 1317  application and all materials required under this subsection to
 1318  the department before the first day of the permit year. A brand
 1319  formula combination for which a completed application and all
 1320  materials required under this subsection are not received before
 1321  the first day of the permit year ceases to be registered with
 1322  the department until a completed application and all materials
 1323  required under this subsection are received and approved. Any
 1324  fee, application, or materials received after the first day of
 1325  the permit year, if the brand-formula combination was previously
 1326  registered with the department, A permit may be renewed by
 1327  application to the department, accompanied by a renewal fee of
 1328  $50 on or before the last day of the permit year immediately
 1329  preceding the permit year for which application is made for
 1330  renewal of registration. To any fee not paid when due, there
 1331  shall accrue a penalty of $25, which shall be added to the
 1332  renewal fee. Renewals will be accepted only on brake fluids that
 1333  have no change in formula, composition, or brand name. Any
 1334  change in formula, composition, or brand name of any brake fluid
 1335  constitutes a new product that must be registered in accordance
 1336  with this part.
 1337         (2) All fees collected under the provisions of this section
 1338  shall be credited to the General Inspection Trust Fund of the
 1339  department and all expenses incurred in the enforcement of this
 1340  part shall be paid from said fund.
 1341         (3) The department may cancel or, refuse to issue or refuse
 1342  to renew any registration and permit after due notice and
 1343  opportunity to be heard if it finds that the brake fluid is
 1344  adulterated or misbranded or that the registrant has failed to
 1345  comply with the provisions of this part or the rules and
 1346  regulations promulgated thereunder.
 1347         Section 37. Paragraph (a) of subsection (3) of section
 1348  526.52, Florida Statutes, is amended to read:
 1349         526.52 Specifications; adulteration and misbranding.—
 1350         (3) Brake fluid is deemed to be misbranded:
 1351         (a) If its container does not bear on its side or top a
 1352  label on which is printed the name and place of business of the
 1353  registrant of the product, the words “brake fluid,” and a
 1354  statement that the product therein equals or exceeds the minimum
 1355  specification of the Society of Automotive Engineers for heavy
 1356  duty-type brake fluid or equals or exceeds Federal Motor Vehicle
 1357  Safety Standard No. 116 adopted by the United States Department
 1358  of Transportation, heavy-duty-type. By regulation the department
 1359  may require that the duty-type classification appear on the
 1360  label.
 1361         Section 38. Subsection (2) of section 526.53, Florida
 1362  Statutes, is amended to read:
 1363         526.53 Enforcement; inspection and analysis, stop-sale and
 1364  disposition, regulations.—
 1365         (2)(a) When any brake fluid is sold in violation of any of
 1366  the provisions of this part, all such affected brake fluid of
 1367  the same brand name on the same premises on which the violation
 1368  occurred shall be placed under a stop-sale order by the
 1369  department by serving the owner of the brand name, distributor,
 1370  or other entity responsible for selling or distributing the
 1371  product in the state with the stop-sale order. The department
 1372  shall withdraw its stop-sale order upon the removal of the
 1373  violation or upon voluntary destruction of the product, or other
 1374  disposal approved by the department, under the supervision of
 1375  the department.
 1376         (b) In addition to being subject to the stop-sale
 1377  procedures above, unregistered brake fluid shall be held by the
 1378  department or its representative, at a place to be designated in
 1379  the stop-sale order, until properly registered and released in
 1380  writing by the department or its representative. If application
 1381  is has not been made for registration of the such product within
 1382  30 days after issue of the stop-sale order, such product shall
 1383  be disposed of by the department, or, with the department’s
 1384  consent, by the business, to any tax-supported institution or
 1385  agency of the state if the brake fluid meets legal
 1386  specifications or by other disposal authorized by rule of the
 1387  department if it fails to meet legal specifications.
 1388         Section 39. Subsections (2) and (5) of section 527.02,
 1389  Florida Statutes, are amended to read:
 1390         527.02 License; penalty; fees.—
 1391         (2) Each business location of a person having multiple
 1392  locations shall be separately licensed and must meet the
 1393  requirements of this section. Such license shall be granted to
 1394  any applicant determined by the department to be competent,
 1395  qualified, and trustworthy who files with the department a
 1396  surety bond, insurance affidavit, or other proof of insurance,
 1397  as hereinafter specified, and pays for such license the
 1398  following original application fee for new licenses and annual
 1399  renewal fees for existing licenses:
 1400           License Category          OriginalApplication Fee   RenewalFee   
 1401  Category I liquefiedpetroleum gas dealer . . . . . . . . . . . .   $600 $525       $500 $425    
 1402  Category II liquefiedpetroleum gas dispenser . . . . . . . . . . . .      525           425 375     
 1403  Category III liquefiedpetroleum gas cylinderexchange unit operator . . . . . . . . . . . .    125 100          75 65      
 1404  Category IV liquefiedpetroleum gas dispenser andrecreational vehicle servicer . . . . . . . . . . . .      525           425 400     
 1405  Category V liquefiedpetroleum petroleum gases dealer for industrialuses only . . . . . . . . . . . .    350 300         275 200     
 1406  LP gas installer . . . . . . . . . . . .    400 300         300 200     
 1407  Specialty installer . . . . . . . . . . . .      300           250 200     
 1408  Dealer in appliances and equipment foruse of liquefied petroleum gas . . . . . . . . . . . .       50              45       
 1409  Manufacturer of liquefied petroleumgas appliances and equipment . . . . . . . . . . . .      525           425 375     
 1410  Requalifier of cylinders . . . . . . . . . . . .      525           425 375     
 1411  fabricator, repairer, and tester ofvehicles and cargo tanks . . . . . . . . . . . .      525           425 375     
 1412  
 1413         (5) The license fee for a pipeline system operator shall be
 1414  $350 $100 per system owned or operated by the person, not to
 1415  exceed $400 per license year. Such license fee applies only to a
 1416  pipeline system operator who owns or operates a liquefied
 1417  petroleum gas pipeline system that is used to transmit liquefied
 1418  petroleum gas from a common source to the ultimate customer and
 1419  that serves 10 or more customers. The license shall be renewed
 1420  each year at a fee of $275 per year.
 1421         Section 40. Subsections (1) and (3) and paragraphs (a) and
 1422  (c) of subsection (5) of section 527.0201, Florida Statutes, are
 1423  amended to read:
 1424         527.0201 Qualifiers; master qualifiers; examinations.—
 1425         (1) In addition to the requirements of s. 527.02, any
 1426  person applying for a license to engage in the activities of a
 1427  pipeline system operator, category I liquefied petroleum gas
 1428  dealer, category II liquefied petroleum gas dispenser, category
 1429  IV liquefied petroleum gas dispenser and recreational vehicle
 1430  servicer, category V liquefied petroleum gases dealer for
 1431  industrial uses only, LP gas installer, specialty installer,
 1432  requalifier requalification of cylinders, or fabricator,
 1433  repairer, and tester of vehicles and cargo tanks must prove
 1434  competency by passing a written examination administered by the
 1435  department or its agent with a grade of at least 75 percent in
 1436  each area tested or above. Each applicant for examination shall
 1437  submit a $30 $20 nonrefundable fee. The department shall by rule
 1438  specify the general areas of competency to be covered by each
 1439  examination and the relative weight to be assigned in grading
 1440  each area tested.
 1441         (3) Qualifier cards issued to category I liquefied
 1442  petroleum gas dealers and liquefied petroleum gas installers
 1443  shall expire 3 years after the date of issuance. All category I
 1444  liquefied petroleum gas dealer qualifiers and liquefied
 1445  petroleum gas installer qualifiers holding a valid qualifier
 1446  card upon the effective date of this act shall retain their
 1447  qualifier status until July 1, 2003, and may sit for the master
 1448  qualifier examination at any time during that time period. All
 1449  such category I liquefied petroleum gas dealer qualifiers and
 1450  liquefied petroleum gas installer qualifiers may renew their
 1451  qualification on or before July 1, 2003, upon application to the
 1452  department, payment of a $20 renewal fee, and documentation of
 1453  the completion of a minimum of 16 12 hours of approved
 1454  continuing education courses, as defined by department rule,
 1455  during the previous 3-year period. Applications for renewal must
 1456  be made 30 calendar days prior to expiration. Persons failing to
 1457  renew prior to the expiration date must reapply and take a
 1458  qualifier competency examination in order to reestablish
 1459  category I liquefied petroleum gas dealer qualifier and
 1460  liquefied petroleum gas installer qualifier status. If a
 1461  category I liquefied petroleum gas qualifier or liquefied
 1462  petroleum gas installer qualifier becomes a master qualifier at
 1463  any time during the effective date of the qualifier card, the
 1464  card shall remain in effect until expiration of the master
 1465  qualifier certification.
 1466         (5) In addition to all other licensing requirements, each
 1467  category I liquefied petroleum gas dealer and liquefied
 1468  petroleum gas installer must, at the time of application for
 1469  licensure, identify to the department one master qualifier who
 1470  is a full-time employee at the licensed location. This person
 1471  shall be a manager, owner, or otherwise primarily responsible
 1472  for overseeing the operations of the licensed location and must
 1473  provide documentation to the department as provided by rule. The
 1474  master qualifier requirement shall be in addition to the
 1475  requirements of subsection (1).
 1476         (a) In order to apply for certification as a master
 1477  qualifier, each applicant must be a category I liquefied
 1478  petroleum gas dealer qualifier or liquefied petroleum gas
 1479  installer qualifier, must be employed by a licensed category I
 1480  liquefied petroleum gas dealer, liquefied petroleum gas
 1481  installer, or applicant for such license, must provide
 1482  documentation of a minimum of 1 year’s work experience in the
 1483  gas industry, and must pass a master qualifier competency
 1484  examination. Master qualifier examinations shall be based on
 1485  Florida’s laws, rules, and adopted codes governing liquefied
 1486  petroleum gas safety, general industry safety standards, and
 1487  administrative procedures. The examination must be successfully
 1488  passed completed by the applicant with a grade of at least 75
 1489  percent or more. Each applicant for master qualifier status
 1490  shall submit to the department a nonrefundable $50 $30
 1491  examination fee prior to the examination.
 1492         (c) Master qualifier status shall expire 3 years after the
 1493  date of issuance of the certificate and may be renewed by
 1494  submission to the department of documentation of completion of
 1495  at least 16 12 hours of approved continuing education courses
 1496  during the 3-year period; proof of employment with a licensed
 1497  category I liquefied petroleum gas dealer, liquefied petroleum
 1498  gas installer, or applicant; and a $30 certificate renewal fee.
 1499  The department shall define, by rule, approved courses of
 1500  continuing education.
 1501         Section 41. Subsection (4) of section 527.021, Florida
 1502  Statutes, is amended to read:
 1503         527.021 Registration of transport vehicles.—
 1504         (4) An inspection fee of $75 $50 shall be assessed for each
 1505  registered vehicle inspected by the department pursuant to s.
 1506  527.061. Registered vehicles shall be inspected annually. All
 1507  inspection fees collected in connection with this section shall
 1508  be deposited in the General Inspection Trust Fund for the
 1509  purpose of administering the provisions of this chapter.
 1510         Section 42. Section 527.12, Florida Statutes, is amended to
 1511  read:
 1512         527.12 Cease and desist orders; stop-use orders; stop
 1513  operation orders; stop-sale orders; administrative fines.—
 1514         (1) Whenever the department has shall have reason to
 1515  believe that any person is violating or has violated been
 1516  violating provisions of this chapter or any rules adopted under
 1517  this chapter pursuant thereto, the department it may issue a
 1518  cease and desist order, or impose a civil penalty, or do both
 1519  may issue such cease and desist order and impose a civil
 1520  penalty.
 1521         (2)Whenever a person or liquefied petroleum gas system or
 1522  storage facility, or any part or component thereof, fails to
 1523  comply with this chapter or any rules adopted under this
 1524  chapter, the department may issue a stop-use order, stop
 1525  operation order, or stop-sale order.
 1526         Section 43. Subsection (1) of section 559.805, Florida
 1527  Statutes, is amended to read:
 1528         559.805 Filings with the department; disclosure of
 1529  advertisement identification number.—
 1530         (1) Every seller of a business opportunity shall annually
 1531  file with the department a copy of the disclosure statement
 1532  required by s. 559.803 before prior to placing an advertisement
 1533  or making any other representation designed to offer to, sell
 1534  to, or solicit an offer to buy a business opportunity from a
 1535  prospective purchaser in this state and shall update this filing
 1536  by reporting any material change in the required information
 1537  within 30 days after the material change occurs. An
 1538  advertisement is not placed in the state merely because the
 1539  publisher circulates, or there is circulated on his or her
 1540  behalf in the state, any bona fide newspaper or other
 1541  publication of general, regular, and paid circulation which has
 1542  had more than two-thirds of its circulation during the past 12
 1543  months outside the state or because a radio or television
 1544  program originating outside the state is received in the state.
 1545  If the seller is required by s. 559.807 to provide a bond or
 1546  establish a trust account or guaranteed letter of credit, he or
 1547  she shall contemporaneously file with the department a copy of
 1548  the bond, a copy of the formal notification by the depository
 1549  that the trust account is established, or a copy of the
 1550  guaranteed letter of credit. Every seller of a business
 1551  opportunity shall file with the department a list of independent
 1552  agents who will engage in the offer or sale of business
 1553  opportunities on behalf of the seller in this state. This list
 1554  must be kept current and shall include the following
 1555  information: name, home and business address, telephone number,
 1556  present employer, social security number, and birth date. A No
 1557  person may not shall be allowed to offer or sell business
 1558  opportunities unless the required information is has been
 1559  provided to the department.
 1560         Section 44. Subsection (3) of section 559.928, Florida
 1561  Statutes, is amended to read:
 1562         559.928 Registration.—
 1563         (3) Each independent agent shall annually file an affidavit
 1564  with the department before prior to engaging in business in this
 1565  state. This affidavit must include the independent agent’s full
 1566  name, legal business or trade name, mailing address, business
 1567  address, telephone number, social security number, and the name
 1568  or names and addresses of each seller of travel represented by
 1569  the independent agent. A letter evidencing proof of filing must
 1570  be issued by the department and must be prominently displayed in
 1571  the independent agent’s primary place of business. Each
 1572  independent agent must also submit an annual registration fee of
 1573  $50. All moneys collected pursuant to the imposition of the fee
 1574  shall be deposited by the Chief Financial Officer into the
 1575  General Inspection Trust Fund of the Department of Agriculture
 1576  and Consumer Services for the sole purpose of administrating
 1577  this part. As used in this subsection, the term “independent
 1578  agent” means a person who represents a seller of travel by
 1579  soliciting persons on its behalf; who has a written contract
 1580  with a seller of travel which is operating in compliance with
 1581  this part and any rules adopted thereunder; who does not receive
 1582  a fee, commission, or other valuable consideration directly from
 1583  the purchaser for the seller of travel; who does not at any time
 1584  have any unissued ticket stock or travel documents in his or her
 1585  possession; and who does not have the ability to issue tickets,
 1586  vacation certificates, or any other travel document. The term
 1587  “independent agent” does not include an affiliate of the seller
 1588  of travel, as that term is used in s. 559.935(3), or the
 1589  employees of the seller of travel or of such affiliates.
 1590         Section 45. Subsection (10) of section 570.07, Florida
 1591  Statutes, is amended to read:
 1592         570.07 Department of Agriculture and Consumer Services;
 1593  functions, powers, and duties.—The department shall have and
 1594  exercise the following functions, powers, and duties:
 1595         (10) To act as adviser to producers and distributors, when
 1596  requested, and to assist them in the economical and efficient
 1597  distribution of their agricultural products, and to encourage
 1598  cooperative effort among producers to gain economical and
 1599  efficient production of agricultural products, and to adopt
 1600  rules establishing comprehensive best management practices for
 1601  agricultural production and food safety.
 1602         Section 46. Subsection (7) of section 570.0725, Florida
 1603  Statutes, is amended to read:
 1604         570.0725 Food recovery; legislative intent; department
 1605  functions.—
 1606         (7) For public information purposes, the department may
 1607  shall develop and provide a public information brochure
 1608  detailing the need for food banks and similar of food recovery
 1609  programs, the benefit of such food recovery programs, the manner
 1610  in which such organizations may become involved in such food
 1611  recovery programs, and the protection afforded to such programs
 1612  under s. 768.136, and the food recovery entities or food banks
 1613  that exist in the state. This brochure must be updated annually.
 1614  A food bank or similar food recovery organization seeking to be
 1615  included on a list of such organizations must notify the
 1616  department and provide the information required by rule of the
 1617  department. Such organizations are responsible for updating the
 1618  information and providing the updated information to the
 1619  department. The department may adopt rules to implement this
 1620  section.
 1621         Section 47. Paragraph (e) of subsection (2) of section
 1622  570.48, Florida Statutes, is amended to read:
 1623         570.48 Division of Fruit and Vegetables; powers and duties;
 1624  records.—The duties of the Division of Fruit and Vegetables
 1625  include, but are not limited to:
 1626         (2)
 1627         (e) Performing tomato food safety inspections under s.
 1628  500.70 on tomato farms, in tomato greenhouses, and in tomato
 1629  packinghouses and repackers.
 1630         Section 48. Paragraph (e) of subsection (6) of section
 1631  570.53, Florida Statutes, is amended to read:
 1632         570.53 Division of Marketing and Development; powers and
 1633  duties.—The powers and duties of the Division of Marketing and
 1634  Development include, but are not limited to:
 1635         (6)
 1636         (e) Extending in every practicable way the distribution and
 1637  sale of Florida agricultural products throughout the markets of
 1638  the world as required of the department by s. ss. 570.07(7),
 1639  (8), (10), and (11) and 570.071 and chapters 571, 573, and 574.
 1640         Section 49. Subsection (2) of section 570.54, Florida
 1641  Statutes, is amended to read:
 1642         570.54 Director; duties.—
 1643         (2) It shall be the duty of the director of this division
 1644  to supervise, direct, and coordinate the activities authorized
 1645  by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and
 1646  (20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and
 1647  chapters 504, 571, 573, and 574 and to exercise other powers and
 1648  authority as authorized by the department.
 1649         Section 50. Subsection (4) of section 570.55, Florida
 1650  Statutes, is amended to read:
 1651         570.55 Identification of sellers or handlers of tropical or
 1652  subtropical fruit and vegetables; containers specified;
 1653  penalties.—
 1654         (4) IDENTIFICATION OF HANDLER.—At the time of each
 1655  transaction involving the handling or sale of 55 pounds or more
 1656  of tropical or subtropical fruit or vegetables in the primary
 1657  channel of trade, the buyer or receiver of the tropical or
 1658  subtropical fruit or vegetables shall demand a bill of sale,
 1659  invoice, sales memorandum, or other document listing the date of
 1660  the transaction, the quantity of the tropical or subtropical
 1661  fruit or vegetables involved in the transaction, and the
 1662  identification of the seller or handler as it appears on the
 1663  driver’s license of the seller or handler, including the
 1664  driver’s license number. If the seller or handler does not
 1665  possess a driver’s license, the buyer or receiver shall use any
 1666  other acceptable means of identification, which may include, but
 1667  is not limited to, i.e., voter’s registration card and number,
 1668  draft card, social security card, or other identification.
 1669  However, no less than two identification documents shall be
 1670  used. The identification of the seller or handler shall be
 1671  recorded on the bill of sale, sales memorandum, invoice, or
 1672  voucher, which shall be retained by the buyer or receiver for a
 1673  period of not less than 1 year from the date of the transaction.
 1674         Section 51. Subsection (3) of section 570.902, Florida
 1675  Statutes, is amended to read:
 1676         570.902 Definitions; ss. 570.902 and 570.903.—For the
 1677  purpose of ss. 570.902 and 570.903:
 1678         (3)“Museum” means the Florida Agricultural Museum which is
 1679  designated as the museum for agriculture and rural history of
 1680  the State of Florida.
 1681         Section 52. Section 570.903, Florida Statutes, is amended
 1682  to read:
 1683         570.903 Direct-support organization.—
 1684         (1) When the Legislature authorizes the establishment of a
 1685  direct-support organization to provide assistance for the
 1686  museums, the Florida Agriculture in the Classroom Program, the
 1687  Florida State Collection of Arthropods, the Friends of the
 1688  Florida State Forests Program of the Division of Forestry, and
 1689  the Forestry Arson Alert Program, and other programs of the
 1690  department, the following provisions shall govern the creation,
 1691  use, powers, and duties of the direct-support organization.
 1692         (a) The department shall enter into a memorandum or letter
 1693  of agreement with the direct-support organization, which shall
 1694  specify the approval of the department, the powers and duties of
 1695  the direct-support organization, and rules with which the
 1696  direct-support organization shall comply.
 1697         (b) The department may permit, without charge, appropriate
 1698  use of property, facilities, and personnel of the department by
 1699  a direct-support organization, subject to the provisions of ss.
 1700  570.902 and 570.903. The use shall be directly in keeping with
 1701  the approved purposes of the direct-support organization and
 1702  shall not be made at times or places that would unreasonably
 1703  interfere with opportunities for the general public to use
 1704  department facilities for established purposes.
 1705         (c) The department shall prescribe by contract or by rule
 1706  conditions with which a direct-support organization shall comply
 1707  in order to use property, facilities, or personnel of the
 1708  department or museum. Such rules shall provide for budget and
 1709  audit review and oversight by the department.
 1710         (d) The department shall not permit the use of property,
 1711  facilities, or personnel of the museum, department, or
 1712  designated program by a direct-support organization which does
 1713  not provide equal employment opportunities to all persons
 1714  regardless of race, color, religion, sex, age, or national
 1715  origin.
 1716         (2)(a) The direct-support organization shall be empowered
 1717  to conduct programs and activities; raise funds; request and
 1718  receive grants, gifts, and bequests of money; acquire, receive,
 1719  hold, invest, and administer, in its own name, securities,
 1720  funds, objects of value, or other property, real or personal;
 1721  and make expenditures to or for the direct or indirect benefit
 1722  of the museum or designated program.
 1723         (b) Notwithstanding the provisions of s. 287.057, the
 1724  direct-support organization may enter into contracts or
 1725  agreements with or without competitive bidding for the
 1726  restoration of objects, historical buildings, and other
 1727  historical materials or for the purchase of objects, historical
 1728  buildings, and other historical materials which are to be added
 1729  to the collections of the museum, or benefit of the designated
 1730  program. However, before the direct-support organization may
 1731  enter into a contract or agreement without competitive bidding,
 1732  the direct-support organization shall file a certification of
 1733  conditions and circumstances with the internal auditor of the
 1734  department justifying each contract or agreement.
 1735         (c) Notwithstanding the provisions of s. 287.025(1)(e), the
 1736  direct-support organization may enter into contracts to insure
 1737  property of the museum or designated programs and may insure
 1738  objects or collections on loan from others in satisfying
 1739  security terms of the lender.
 1740         (3) The direct-support organization shall provide for an
 1741  annual financial audit in accordance with s. 215.981.
 1742         (4) Neither a designated program or a museum, nor a
 1743  nonprofit corporation trustee or employee may:
 1744         (a) Receive a commission, fee, or financial benefit in
 1745  connection with the sale or exchange of property historical
 1746  objects or properties to the direct-support organization, the
 1747  museum, or the designated program; or
 1748         (b) Be a business associate of any individual, firm, or
 1749  organization involved in the sale or exchange of property to the
 1750  direct-support organization, the museum, or the designated
 1751  program.
 1752         (5) All moneys received by the direct-support organization
 1753  shall be deposited into an account of the direct-support
 1754  organization and shall be used by the organization in a manner
 1755  consistent with the goals of the museum or designated program.
 1756         (6) The identity of a donor or prospective donor who
 1757  desires to remain anonymous and all information identifying such
 1758  donor or prospective donor are confidential and exempt from the
 1759  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 1760  Constitution.
 1761         (7) The Commissioner of Agriculture, or the commissioner’s
 1762  designee, may serve on the board of trustees and the executive
 1763  committee of any direct-support organization established to
 1764  benefit the museum or any designated program.
 1765         (8)The department shall establish by rule archival
 1766  procedures relating to museum artifacts and records. The rules
 1767  shall provide procedures which protect the museum’s artifacts
 1768  and records equivalent to those procedures which have been
 1769  established by the Department of State under chapters 257 and
 1770  267.
 1771         Section 53. Subsections (18) through (30) of section
 1772  581.011, Florida Statutes, are renumbered as subsections (17)
 1773  through (29), respectively, and present subsections (17) and
 1774  (20) of that section are amended to read:
 1775         581.011 Definitions.—As used in this chapter:
 1776         (17)“Museum” means the Florida State Collection of
 1777  Arthropods.
 1778         (19)(20) “Nursery” means any grounds or premises on or in
 1779  which nursery stock is grown, propagated, or held for sale or
 1780  distribution, including except where aquatic plant species are
 1781  tended for harvest in the natural environment.
 1782         Section 54. Paragraph (d) of subsection (14) of section
 1783  581.031, Florida Statutes, is amended to read:
 1784         581.031 Department; powers and duties.—The department has
 1785  the following powers and duties:
 1786         (14)
 1787         (d) To prescribe a fee for these services, if provided the
 1788  fee does not exceed the cost of the services rendered. Annual
 1789  citrus source tree registration fees shall not exceed $15 $5 per
 1790  tree. If the fee has not been paid within 30 days of billing, a
 1791  penalty of $10 or 20 percent of the unpaid balance, whichever is
 1792  greater, shall be assessed.
 1793         Section 55. Subsection (6) of section 581.131, Florida
 1794  Statutes, is amended to read:
 1795         581.131 Certificate of registration.—
 1796         (6) Neither the certificate of registration fee nor the
 1797  annual renewal fee shall exceed $600 $460. The department may
 1798  exempt from the payment of a certificate fee those governmental
 1799  agency nurseries whose nursery stock is used exclusively for
 1800  planting on their own property.
 1801         Section 56. Paragraph (a) of subsection (3) of section
 1802  581.211, Florida Statutes, is amended to read:
 1803         581.211 Penalties for violations.—
 1804         (3)(a)1. In addition to any other provision of law, the
 1805  department may, after notice and hearing, impose an
 1806  administrative fine not exceeding $10,000 $5,000 for each
 1807  violation of this chapter, upon any person, nurseryman, stock
 1808  dealer, agent or plant broker. The fine, when paid, shall be
 1809  deposited in the Plant Industry Trust Fund. In addition, the
 1810  department may place the violator on probation for up to 1 year,
 1811  with conditions.
 1812         2. The imposition of a fine or probation pursuant to this
 1813  subsection may be in addition to or in lieu of the suspension or
 1814  revocation of a certificate of registration or certificate of
 1815  inspection.
 1816         Section 57. Section 583.13, Florida Statutes, is amended to
 1817  read:
 1818         583.13 Labeling and advertising requirements for dressed
 1819  poultry; unlawful acts.—
 1820         (1) It is unlawful for any dealer or broker to sell, offer
 1821  for sale, or hold for the purpose of sale in the state any
 1822  dressed or ready-to-cook poultry in bulk unless the such poultry
 1823  is packed in a container clearly bearing a label, not less than
 1824  3 inches by 5 inches, on which shall be plainly and legibly
 1825  printed, in letters of not less than one-fourth inch 1/4 in
 1826  height, the grade and the part name or whole-bird statement of
 1827  such poultry. The grade may be expressed in the term “premium,”
 1828  “good,” or “standard,” or as the grade of another state or
 1829  federal agency the standards of quality of which, by law, are
 1830  equal to the standards of quality provided by this law and rules
 1831  promulgated hereunder.
 1832         (2) It is unlawful to sell unpackaged dressed or ready-to
 1833  cook poultry at retail unless such poultry is labeled by a
 1834  placard immediately adjacent to the poultry or unless each bird
 1835  is individually labeled to show the grade and the part name or
 1836  whole-bird statement. The placard shall be no smaller than 7
 1837  inches by 7 inches in size, and the required labeling
 1838  information shall be legibly and plainly printed on the placard
 1839  in letters not smaller than 1 inch in height.
 1840         (3) It is unlawful to sell packaged dressed or ready-to
 1841  cook poultry at retail unless such poultry is labeled to show
 1842  the grade, the part name or whole-bird statement, the net weight
 1843  of the poultry, and the name and address of the dealer. The size
 1844  of the type on the label must be one-eighth inch or larger. A
 1845  placard immediately adjacent to such poultry may be used to
 1846  indicate the grade and the part name or whole-bird statement,
 1847  but not the net weight of the poultry or the name and address of
 1848  the dealer.
 1849         (4) It is unlawful to use dressed or ready-to-cook poultry
 1850  in bulk in the preparation of food served to the public, or to
 1851  hold such poultry for the purpose of such use, unless the
 1852  poultry when received was packed in a container clearly bearing
 1853  a label, not less than 3 inches by 5 inches, on which was
 1854  plainly and legibly printed, in letters not less than one-fourth
 1855  inch in height, the grade and the part name or whole-bird
 1856  statement of such poultry. The grade may be expressed in the
 1857  term “premium,” “good,” or “standard,” or as the grade of
 1858  another state or federal agency the standards of quality of
 1859  which, by law, are equal to the standards of quality provided by
 1860  this law and rules promulgated hereunder.
 1861         (5) It is unlawful to offer dressed or ready-to-cook
 1862  poultry for sale in any advertisement in a newspaper or
 1863  circular, on radio or television, or in any other form of
 1864  advertising without plainly designating in such advertisement
 1865  the grade and the part name or whole-bird statement of such
 1866  poultry.
 1867         Section 58. Subsections (4) and (5) of section 590.125,
 1868  Florida Statutes, are renumbered as subsections (5) and (6),
 1869  respectively, subsection (1), paragraph (b) of subsection (3),
 1870  and paragraph (c) of present subsection (4) are amended, and new
 1871  subsections (4) and (7) are added to that section, to read:
 1872         590.125 Open burning authorized by the division.—
 1873         (1) DEFINITIONS.—As used in this section, the term:
 1874         (a)“Certified pile burner” means an individual who
 1875  successfully completes the division’s pile burning certification
 1876  program and possesses a valid pile burner certification number.
 1877         (b) “Certified prescribed burn manager” means an individual
 1878  who successfully completes the certified prescribed burning
 1879  certification program of the division and possesses a valid
 1880  certification number.
 1881         (c)(d) “Extinguished” means:
 1882         1.that no spreading flame For wild land burning or
 1883  certified prescribed burning, that no spreading flames exist.
 1884         2.and no visible flame, smoke, or emissions For vegetative
 1885  land-clearing debris burning or pile burning, that no visible
 1886  flames exist.
 1887         3.For vegetative land-clearing debris burning or pile
 1888  burning in an area designated as smoke sensitive by the
 1889  division, that no visible flames, smoke, or emissions exist.
 1890         (d)“Land-clearing operation” means the uprooting or
 1891  clearing of vegetation in connection with the construction of
 1892  buildings and rights-of-way, land development, and mineral
 1893  operations. The term does not include the clearing of yard
 1894  trash.
 1895         (e)“Pile burning” means the burning of silvicultural,
 1896  agricultural, or land-clearing and tree-cutting debris
 1897  originating onsite, which is stacked together in a round or
 1898  linear fashion, including, but not limited to, a windrow.
 1899         (f)(a) “Prescribed burning” means the controlled
 1900  application of fire in accordance with a written prescription
 1901  for vegetative fuels under specified environmental conditions
 1902  while following appropriate precautionary measures that ensure
 1903  that the fire is confined to a predetermined area to accomplish
 1904  the planned fire or land-management objectives.
 1905         (g)(c) “Prescription” means a written plan establishing the
 1906  criteria necessary for starting, controlling, and extinguishing
 1907  a prescribed burn.
 1908         (h)“Yard trash” means vegetative matter resulting from
 1909  landscaping and yard maintenance operations and other such
 1910  routine property cleanup activities. The term includes materials
 1911  such as leaves, shrub trimmings, grass clippings, brush, and
 1912  palm fronds.
 1913         (3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
 1914  PURPOSE.—
 1915         (b) Certified prescribed burning pertains only to broadcast
 1916  burning for purposes of silviculture, wildlife management,
 1917  ecological maintenance and restoration, and range and pasture
 1918  management. It must be conducted in accordance with this
 1919  subsection and:
 1920         1. May be accomplished only when a certified prescribed
 1921  burn manager is present on site with a copy of the prescription
 1922  from ignition of the burn to its completion.
 1923         2. Requires that a written prescription be prepared before
 1924  receiving authorization to burn from the division.
 1925         3. Requires that the specific consent of the landowner or
 1926  his or her designee be obtained before requesting an
 1927  authorization.
 1928         4. Requires that an authorization to burn be obtained from
 1929  the division before igniting the burn.
 1930         5. Requires that there be adequate firebreaks at the burn
 1931  site and sufficient personnel and firefighting equipment for the
 1932  control of the fire.
 1933         6. Is considered to be in the public interest and does not
 1934  constitute a public or private nuisance when conducted under
 1935  applicable state air pollution statutes and rules.
 1936         7. Is considered to be a property right of the property
 1937  owner if vegetative fuels are burned as required in this
 1938  subsection.
 1939         (4)CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND
 1940  PURPOSE.—
 1941         (a)Pile burning is a tool that benefits current and future
 1942  generations in Florida by disposing of naturally occurring
 1943  vegetative debris through burning rather than disposing of the
 1944  debris in landfills.
 1945         (b)Certified pile burning pertains to the disposal of
 1946  piled, naturally occurring debris from an agricultural,
 1947  silvicultural, or temporary land-clearing operation. A land
 1948  clearing operation is temporary if it operates for 6 months or
 1949  less. Certified pile burning must be conducted in accordance
 1950  with this subsection, and:
 1951         1.A certified pile burner must ensure, before ignition,
 1952  that the piles are properly placed and that the content of the
 1953  piles is conducive to efficient burning.
 1954         2.A certified pile burner must ensure that the piles are
 1955  properly extinguished no later than 1 hour after sunset. If the
 1956  burn is conducted in an area designated by the division as smoke
 1957  sensitive, a certified pile burner must ensure that the piles
 1958  are properly extinguished at least 1 hour before sunset.
 1959         3.A written pile burn plan must be prepared before
 1960  receiving authorization from the division to burn.
 1961         4.The specific consent of the landowner or his or her
 1962  agent must be obtained before requesting authorization to burn.
 1963         5.An authorization to burn must be obtained from the
 1964  division or its designated agent before igniting the burn.
 1965         6.There must be adequate firebreaks and sufficient
 1966  personnel and firefighting equipment at the burn site to control
 1967  the fire.
 1968         (c)If a burn is conducted in accordance with this
 1969  subsection, the property owner and his or her agent are not
 1970  liable under s. 590.13 for damage or injury caused by the fire
 1971  or resulting smoke, and are not in violation of subsection (2),
 1972  unless gross negligence is proven.
 1973         (d)A certified pile burner who violates this section
 1974  commits a misdemeanor of the second degree, punishable as
 1975  provided in s. 775.082 or s. 775.083.
 1976         (e)The division shall adopt rules regulating certified
 1977  pile burning. The rules shall include procedures and criteria
 1978  for certifying and decertifying certified pile burn managers
 1979  based on past experience, training, and record of compliance
 1980  with this section.
 1981         (5)(4) WILDFIRE HAZARD REDUCTION TREATMENT BY THE
 1982  DIVISION.—The division may conduct fuel reduction initiatives,
 1983  including, but not limited to, burning and mechanical and
 1984  chemical treatment, on any area of wild land within the state
 1985  which is reasonably determined to be in danger of wildfire in
 1986  accordance with the following procedures:
 1987         (c) Prepare, and send the county tax collector shall
 1988  include with the annual tax statement, a notice to be sent to
 1989  all landowners in each area township designated by the division
 1990  as a wildfire hazard area. The notice must describe particularly
 1991  the area to be treated and the tentative date or dates of the
 1992  treatment and must list the reasons for and the expected
 1993  benefits from the wildfire hazard reduction.
 1994         (7)DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
 1995  AUTHORIZATION PROGRAMS.—
 1996         (a)A county or municipality may exercise the division’s
 1997  authority, if delegated by the division under this subsection,
 1998  to issue authorizations for the burning of yard trash or debris
 1999  from land-clearing operations. A county’s or municipality’s
 2000  existing or proposed open burning authorization program must:
 2001         1.Be approved by the division. The division shall not
 2002  approve a program if it fails to meet the requirements of
 2003  subsections (2) and (4) and any rules adopted under those
 2004  subsections.
 2005         2.Provide by ordinance or local law the requirements for
 2006  obtaining and performing a burn authorization that comply with
 2007  subsections (2) and (4) and any rules adopted under those
 2008  subsections.
 2009         3.Provide for the enforcement of the program’s
 2010  requirements.
 2011         4.Provide financial, personnel, and other resources needed
 2012  to carry out the program.
 2013         (b)If the division determines that a county’s or
 2014  municipality’s open burning authorization program does not
 2015  comply with subsections (2) and (4) and any rules adopted under
 2016  those subsections, the division shall require the county or
 2017  municipality to take necessary corrective actions within a
 2018  reasonable period, not to exceed 90 days.
 2019         1.If the county or municipality fails to take the
 2020  necessary corrective actions within the required period, the
 2021  division shall resume administration of the open burning
 2022  authorization program in the county or municipality and the
 2023  county or municipality shall cease administration of its
 2024  program.
 2025         2.Each county and municipality administering an open
 2026  burning authorization program must cooperate with and assist the
 2027  division in carrying out the division’s powers, duties, and
 2028  functions.
 2029         3.A person who violates the requirements of a county’s or
 2030  municipality’s open burning authorization program, as provided
 2031  by ordinance or local law enacted pursuant to this section,
 2032  commits a violation of this chapter, punishable as provided in
 2033  s. 590.14.
 2034         Section 59. Subsection (4) of section 590.14, Florida
 2035  Statutes, is renumbered as subsection (7), subsections (1) and
 2036  (3) are amended, and new subsections (4), (5), and (6) are added
 2037  to that section, to read:
 2038         590.14 Notice of violation; penalties.—
 2039         (1) If a division employee determines that a person has
 2040  violated chapter 589, or this chapter, or any rule adopted by
 2041  the division to administer provisions of law conferring duties
 2042  upon the division, the division employee he or she may issue a
 2043  notice of violation indicating the statute violated. This notice
 2044  will be filed with the division and a copy forwarded to the
 2045  appropriate law enforcement entity for further action if
 2046  necessary.
 2047         (3) The department may also impose an administrative fine,
 2048  not to exceed $1,000 per violation of any section of chapter 589
 2049  or this chapter or violation of any rule adopted by the division
 2050  to administer provisions of law conferring duties upon the
 2051  division. The fine shall be based upon the degree of damage, the
 2052  prior violation record of the person, and whether the person
 2053  knowingly provided false information to obtain an authorization.
 2054  The fines shall be deposited in the Incidental Trust Fund of the
 2055  division.
 2056         (4)A person may not:
 2057         (a)Fail to comply with any rule or order adopted by the
 2058  division to administer provisions of law conferring duties upon
 2059  the division; or
 2060         (b)Knowingly make any false statement or representation in
 2061  any application, record, plan, or other document required by
 2062  this chapter or any rules adopted under this chapter.
 2063         (5)A person who violates paragraph (4)(a) or paragraph
 2064  (4)(b) commits a misdemeanor of the second degree, punishable as
 2065  provided in s. 775.082 or s. 775.083.
 2066         (6)It is the intent of the Legislature that a penalty
 2067  imposed by a court under subsection (5) be of a severity that
 2068  ensures immediate and continued compliance with this section.
 2069         Section 60. Paragraph (a) of subsection (1) of section
 2070  599.004, Florida Statutes, is amended to read:
 2071         599.004 Florida Farm Winery Program; registration; logo;
 2072  fees.—
 2073         (1) The Florida Farm Winery Program is established within
 2074  the Department of Agriculture and Consumer Services. Under this
 2075  program, a winery may qualify as a tourist attraction only if it
 2076  is registered with and certified by the department as a Florida
 2077  Farm Winery. A winery may not claim to be certified unless it
 2078  has received written approval from the department.
 2079         (a) To qualify as a certified Florida Farm Winery, a winery
 2080  shall meet the following standards:
 2081         1. Produce or sell less than 250,000 gallons of wine
 2082  annually.
 2083         2. Maintain a minimum of 10 acres of owned or managed land
 2084  vineyards in Florida which produces commodities used in the
 2085  production of wine.
 2086         3. Be open to the public for tours, tastings, and sales at
 2087  least 30 hours each week.
 2088         4. Make annual application to the department for
 2089  recognition as a Florida Farm Winery, on forms provided by the
 2090  department.
 2091         5. Pay an annual application and registration fee of $100.
 2092         Section 61. Subsection (1) of section 604.15, Florida
 2093  Statutes, is amended, and subsection (11) is added to that
 2094  section, to read:
 2095         604.15 Dealers in agricultural products; definitions.—For
 2096  the purpose of ss. 604.15-604.34, the following words and terms,
 2097  when used, shall be construed to mean:
 2098         (1) “Agricultural products” means the natural products of
 2099  the farm, nursery, grove, orchard, vineyard, garden, and apiary
 2100  (raw or manufactured); sod; tropical foliage; horticulture; hay;
 2101  livestock; milk and milk products; poultry and poultry products;
 2102  the fruit of the saw palmetto (meaning the fruit of the Serenoa
 2103  repens); limes (meaning the fruit Citrus aurantifolia, variety
 2104  Persian, Tahiti, Bearss, or Florida Key limes); and any other
 2105  nonexempt agricultural products produced in the state, except
 2106  tobacco, sugarcane, tropical foliage, timber and timber
 2107  byproducts, forest products as defined in s. 591.17, and citrus
 2108  other than limes.
 2109         (11)“Responsible position” means a position within the
 2110  business of a dealer in agricultural products that has the
 2111  authority to negotiate or make the purchase of agricultural
 2112  products on behalf of the dealer’s business or has principal
 2113  active management authority over the business decisions,
 2114  actions, and activities of the dealer’s business in this state.
 2115         Section 62. Section 604.19, Florida Statutes, is amended to
 2116  read:
 2117         604.19 License; fee; bond; certificate of deposit;
 2118  penalty.—Unless the department refuses the application on one or
 2119  more of the grounds provided in this section, it shall issue to
 2120  an applicant, upon the payment of required fees and the
 2121  execution and delivery of a bond or certificate of deposit as
 2122  provided in this section, a state license entitling the
 2123  applicant to conduct business as a dealer in agricultural
 2124  products for a 1-year period to coincide with the effective
 2125  period of the bond or certificate of deposit furnished by the
 2126  applicant. During the 1-year period covered by a license, if the
 2127  supporting surety bond or certificate of deposit is canceled for
 2128  any reason, the license shall automatically expire on the date
 2129  the surety bond or certificate of deposit terminates, unless an
 2130  acceptable replacement is in effect before the date of
 2131  termination so that continual coverage occurs for the remaining
 2132  period of the license. A surety company shall give the
 2133  department a 30-day written notice of cancellation by certified
 2134  mail in order to cancel a bond. Cancellation of a bond or
 2135  certificate of deposit does shall not relieve a surety company
 2136  or financial institution of liability for purchases or sales
 2137  occurring while the bond or certificate of deposit was in
 2138  effect. The license fee, which must be paid for the principal
 2139  place of business for a dealer in agricultural products, shall
 2140  be based upon the amount of the dealer’s surety bond or
 2141  certificate of deposit furnished by each dealer under the
 2142  provisions of s. 604.20 and may not exceed $500. For each
 2143  additional place in which the applicant desires to conduct
 2144  business and which the applicant names in the application, the
 2145  additional license fee must be paid but may not exceed $100
 2146  annually. If a Should any dealer in agricultural products fails,
 2147  refuses, or neglects fail, refuse, or neglect to apply and
 2148  qualify for the renewal of a license on or before its the date
 2149  of expiration date thereof, a penalty not to exceed $100 shall
 2150  apply to and be added to the original license fee for the
 2151  principal place of business and to the license fee for each
 2152  additional place of business named in the application and shall
 2153  be paid by the applicant before the renewal license may be
 2154  issued. The department by rule shall prescribe fee amounts
 2155  sufficient to fund ss. 604.15-604.34.
 2156         Section 63. Subsections (1) and (4) of section 604.20,
 2157  Florida Statutes, are amended to read:
 2158         604.20 Bond or certificate of deposit prerequisite; amount;
 2159  form.—
 2160         (1) Before any license is issued, the applicant therefor
 2161  shall make and deliver to the department a surety bond or
 2162  certificate of deposit in the amount of at least $5,000 or in
 2163  such greater amount as the department may determine. No bond or
 2164  certificate of deposit may be in an amount less than $5,000. The
 2165  penal sum of the bond or certificate of deposit to be furnished
 2166  to the department by an applicant for license as a dealer in
 2167  agricultural products shall be in an amount equal to twice the
 2168  average of the monthly dollar amounts amount of agricultural
 2169  products handled for a Florida producer or a producer’s agent or
 2170  representative, by purchase or otherwise, during the month of
 2171  maximum transaction in such products during the preceding 12
 2172  month period. Only those months in which the applicant handled,
 2173  by purchase or otherwise, amounts equal to or greater than
 2174  $1,000 shall be used to calculate the penal sum of the required
 2175  bond or certificate of deposit. An applicant for license who has
 2176  not handled agricultural products for a Florida producer or a
 2177  producer’s agent or representative, by purchase or otherwise,
 2178  during the preceding 12-month period shall furnish a bond or
 2179  certificate of deposit in an amount equal to twice the estimated
 2180  average of the monthly dollar amounts amount of such
 2181  agricultural products to be handled, by purchase or otherwise,
 2182  during the month of maximum transaction during the next
 2183  immediate 12 months. Only those months in which the applicant
 2184  anticipates handling, by purchase or otherwise, amounts equal to
 2185  or greater than $1,000 shall be used to calculate the penal sum
 2186  of the required bond or certificate of deposit. Such bond or
 2187  certificate of deposit shall be provided or assigned in the
 2188  exact name in which the dealer will conduct business subject to
 2189  the provisions of ss. 604.15-604.34. Such bond must be executed
 2190  by a surety company authorized to transact business in the
 2191  state. For the purposes of ss. 604.19-604.21, the term
 2192  “certificate of deposit” means a certificate of deposit at any
 2193  recognized financial institution doing business in the United
 2194  States. No certificate of deposit may be accepted in connection
 2195  with an application for a dealer’s license unless the issuing
 2196  institution is properly insured by either the Federal Deposit
 2197  Insurance Corporation or the Federal Savings and Loan Insurance
 2198  Corporation. Such bond or any certificate of deposit assignment
 2199  or agreement shall be upon a form prescribed or approved by the
 2200  department and shall be conditioned to secure the faithful
 2201  accounting for and payment, in the manner prescribed by s.
 2202  604.21(9), to producers or their agents or representatives of
 2203  the proceeds of all agricultural products handled or purchased
 2204  by such dealer, and to secure payment to dealers who sell
 2205  agricultural products to such dealer, and to pay any claims or
 2206  costs ordered under s. 604.21 as the result of a complaint. Such
 2207  bond or certificate of deposit assignment or agreement shall
 2208  include terms binding the instrument to the Commissioner of
 2209  Agriculture. A certificate of deposit shall be presented with an
 2210  assignment of applicant’s rights in the certificate in favor of
 2211  the Commissioner of Agriculture on a form prescribed by the
 2212  department and with a letter from the issuing institution
 2213  acknowledging that the assignment has been properly recorded on
 2214  the books of the issuing institution and will be honored by the
 2215  issuing institution. Such assignment shall be irrevocable while
 2216  the dealer’s license is in effect and for an additional period
 2217  of 6 months after the termination or expiration of the dealer’s
 2218  license, provided no complaint is pending against the licensee.
 2219  If a complaint is pending, the assignment shall remain in effect
 2220  until all actions on the complaint have been finalized. The
 2221  certificate of deposit may be released by the assignee of the
 2222  financial institution to the licensee or the licensee’s
 2223  successors, assignee, or heirs if no claims are pending against
 2224  the licensee before the department at the conclusion of 6 months
 2225  after the last effective date of the license. No certificate of
 2226  deposit shall be accepted that contains any provision that would
 2227  give the issuing institution any prior rights or claim on the
 2228  proceeds or principal of such certificate of deposit. The
 2229  department shall determine by rule the maximum amount of bond or
 2230  certificate of deposit required of a dealer and whether an
 2231  annual bond or certificate of deposit will be required.
 2232         (4) The department may issue a conditional license to an
 2233  applicant who is unable to provide a single bond or certificate
 2234  of deposit in the full amount required by the calculation in
 2235  subsection (1). The conditional license shall remain in effect
 2236  for a 1-year period to coincide with the effective period of the
 2237  bond or certificate of deposit furnished by the applicant. The
 2238  applicant must provide at least the minimum $5,000 bond or
 2239  certificate of deposit as provided in subsection (1) together
 2240  with documentation from each of three separate bonding companies
 2241  denying the applicants request for a surety bond in the full
 2242  amount required in subsection (1) and one of the following:
 2243         (a) A notarized affidavit limiting the handling of
 2244  agricultural products, by purchase or otherwise, during their
 2245  largest month to a minimum of one-half the amount of the bond or
 2246  certificate of deposit provided by the applicant;
 2247         (b) A notarized affidavit stating that any subject
 2248  agricultural products, handled by purchase or otherwise,
 2249  exceeding one-half of the amount of the bond or certificate of
 2250  deposit will be handled under the exemption provisions set forth
 2251  in s. 604.16(2); or
 2252         (c) A second bond or certificate of deposit in such an
 2253  amount that, when the penal sum of the second bond or
 2254  certificate of deposit is added to the penal sum of the first
 2255  bond or certificate of deposit, the combined penal sum will
 2256  equal twice the dollar amount of agricultural products handled
 2257  for a Florida producer or a producer’s agent or representative,
 2258  by purchase or otherwise, during the month of maximum
 2259  transaction in such products during the preceding 12-month
 2260  period.
 2261  
 2262  The department or its agents may require from any licensee who
 2263  is issued a conditional license verified statements of the
 2264  volume of the licensee’s business or may review the licensee’s
 2265  records at the licensee’s place of business during normal
 2266  business hours to determine the licensee’s adherence to the
 2267  conditions of the license. The failure of a licensee to furnish
 2268  such statement or to make such records available shall be cause
 2269  for suspension of the licensee’s conditional license. If the
 2270  department finds such failure to be willful, the conditional
 2271  license may be revoked.
 2272         Section 64. Section 604.25, Florida Statutes, is amended to
 2273  read:
 2274         604.25 Refusal to grant, or suspension or revocation of,
 2275  license.—
 2276         (1) The department may deny, refuse to renew, decline to
 2277  grant a license or may suspend or revoke a license already
 2278  granted if the applicant or licensee has:
 2279         (a) Suffered a monetary judgment entered against the
 2280  applicant or licensee upon which is execution has been returned
 2281  unsatisfied;
 2282         (b) Made false charges for handling or services rendered;
 2283         (c) Failed to account promptly and properly or to make
 2284  settlements with any producer;
 2285         (d) Made any false statement or statements as to condition,
 2286  quality, or quantity of goods received or held for sale when the
 2287  true condition, quality, or quantity could have been ascertained
 2288  by reasonable inspection;
 2289         (e) Made any false or misleading statement or statements as
 2290  to market conditions or service rendered;
 2291         (f) Been guilty of a fraud in the attempt to procure, or
 2292  the procurement of, a license;
 2293         (g) Directly or indirectly sold agricultural products
 2294  received on consignment or on a net return basis for her or his
 2295  own account, without prior authority from the producer
 2296  consigning the same, or without notifying such producer;
 2297         (h) Employed a person in a responsible position a person,
 2298  or has an owner, officer, director, general or managing partner,
 2299  or other similarly situated person, who is in or has held a
 2300  similar position with any entity that of a corporation, who has
 2301  failed to fully comply with an order of the department, has not
 2302  satisfied a civil judgment held by the department, has pending
 2303  any administrative or civil enforcement action by the
 2304  department, or has pending any criminal charges pursuant to s.
 2305  604.30 at any time within 1 year after issuance;
 2306         (i) Violated any statute or rule relating to the purchase
 2307  or sale of any agricultural product, whether or not such
 2308  transaction is subject to the provisions of this chapter; or
 2309         (j) Failed to submit to the department an application,
 2310  appropriate license fees, and an acceptable surety bond or
 2311  certificate of deposit; or.
 2312         (k)(2)Failed If a licensee fails or refused refuses to
 2313  comply in full with an order of the department or failed to
 2314  satisfy a civil judgment held by the department, her or his
 2315  license may be suspended or revoked, in which case she or he
 2316  shall not be eligible for license for a period of 1 year or
 2317  until she or he has fully complied with the order of the
 2318  department.
 2319         (3)No person, or officer of a corporation, whose license
 2320  has been suspended or revoked for failure to comply with an
 2321  order of the department may hold a responsible position with a
 2322  licensee for a period of 1 year or until the order of the
 2323  department has been fully complied with.
 2324         Section 65. Subsections (18) and (19) of section 616.242,
 2325  Florida Statutes, are renumbered as subsections (19) and (20),
 2326  respectively, and a new subsection (18) is added to that section
 2327  to read:
 2328         616.242 Safety standards for amusement rides.—
 2329         (18)STOP-OPERATION ORDERS.—If an owner or amusement ride
 2330  fails to comply with this chapter or any rule adopted under this
 2331  chapter, the department may issue a stop-operation order.
 2332         Section 66. Paragraph (c) of subsection (5) of section
 2333  790.06, Florida Statutes, is amended to read:
 2334         790.06 License to carry concealed weapon or firearm.—
 2335         (5) The applicant shall submit to the Department of
 2336  Agriculture and Consumer Services:
 2337         (c) A full set of fingerprints of the applicant
 2338  administered by a law enforcement agency or the Division of
 2339  Licensing of the Department of Agriculture and Consumer
 2340  Services.
 2341         Section 67. Sections 570.071 and 570.901, Florida Statutes,
 2342  are repealed.
 2343         Section 68. This act shall take effect July 1, 2009.