Florida Senate - 2009 CS for CS for SB 868
By the Committees on Regulated Industries; and Agriculture; and
Senator Dean
580-04107-09 2009868c2
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; creating
94 s. 500.70, F.S.; defining terms; requiring minimum
95 food safety standards for producing, harvesting,
96 packing, and repacking tomatoes; authorizing the
97 department to inspect tomato farms, greenhouses, and
98 packinghouses or repackers; providing penalties;
99 authorizing the department to establish good
100 agricultural practices and best management practices
101 for the tomato industry by rule; providing a
102 presumption that tomatoes introduced into commerce are
103 safe for human consumption under certain
104 circumstances; exempting certain tomatoes from certain
105 food safety standards and good agricultural practices
106 and best management practices; authorizing the
107 department to adopt rules; amending ss. 501.605 and
108 501.607, F.S.; revising application requirements for
109 commercial telephone seller and salesperson licenses;
110 amending s. 501.913, F.S.; specifying the sample size
111 required for antifreeze registration application;
112 amending s. 525.01, F.S.; revising requirements for
113 petroleum fuel affidavits; amending s. 525.09, F.S.;
114 imposing an inspection fee on certain alternative
115 fuels containing alcohol; amending s. 526.50, F.S.;
116 defining terms applicable to regulation of the sale of
117 brake fluid; amending s. 526.51, F.S.; revising brake
118 fluid permit application requirements; deleting permit
119 renewal requirements; providing for reregistration of
120 brake fluid and establishing fees; amending s. 526.52,
121 F.S.; revising requirements for printed statements on
122 brake fluid containers; amending s. 526.53, F.S.;
123 revising requirements and procedures for brake fluid
124 stop-sale orders; authorizing businesses to dispose of
125 unregistered brake fluid under certain circumstances;
126 amending s. 527.02, F.S.; increasing fees for
127 liquefied petroleum gas licenses; revising fees for
128 pipeline system operators; amending s. 527.0201, F.S.;
129 revising requirements for liquefied petroleum gas
130 qualifying examinations; increasing examination fees;
131 increasing continuing education requirements for
132 certain liquefied petroleum gas qualifiers; amending
133 s. 527.021, F.S.; requiring the annual inspection of
134 liquefied petroleum gas transport vehicles; increasing
135 the inspection fee; amending s. 527.12, F.S.;
136 providing for the issuance of certain stop orders;
137 amending ss. 559.805 and 559.928, F.S.; deleting
138 requirements that lists of independent agents of
139 sellers of business opportunities and the agents’
140 registration affidavits include the agents’ social
141 security numbers; amending s. 570.07, F.S.;
142 authorizing the department to adopt best management
143 practices for agricultural production and food safety;
144 amending s. 570.0725, F.S.; revising provisions for
145 public information about food banks and similar food
146 recovery programs; authorizing the department to adopt
147 rules; amending s. 570.48, F.S.; revising duties of
148 the Division of Fruit and Vegetables for tomato food
149 safety inspections; amending ss. 570.53 and 570.54,
150 F.S.; conforming cross-references; amending s. 570.55,
151 F.S.; revising requirements for identifying sellers or
152 handlers of tropical or subtropical fruit or
153 vegetables; amending s. 570.902, F.S.; conforming
154 terminology to the repeal by the act of provisions
155 establishing the Florida Agricultural Museum; amending
156 s. 570.903, F.S.; revising provisions for direct
157 support organizations for certain agricultural
158 programs to conform to the repeal by the act of
159 provisions establishing the Florida Agricultural
160 Museum; deleting provisions for a direct-support
161 organization for the Florida State Collection of
162 Arthropods; amending s. 573.118, F.S.; requiring the
163 Department of Agriculture and Consumer Services to
164 maintain certain records relating to marketing orders;
165 requiring the department to conduct audits relating to
166 marketing orders upon the request of an advisory
167 council; amending s. 581.011, F.S.; deleting
168 terminology relating to the Florida State Collection
169 of Arthropods; revising the term “nursery” for
170 purposes of plant industry regulations; amending s.
171 581.031, F.S.; increasing citrus source tree
172 registration fees; amending s. 581.131, F.S.;
173 increasing registration fees for a nurseryman, stock
174 dealer, agent, or plant broker certificate; amending
175 s. 581.211, F.S.; increasing the maximum fine for
176 violations of plant industry regulations; amending s.
177 583.13, F.S.; deleting a prohibition on the sale of
178 poultry without displaying the poultry grade; amending
179 s. 590.125, F.S.; revising terminology for open
180 burning authorizations; specifying purposes of
181 certified prescribed burning; requiring the
182 authorization of the Division of Forestry for
183 certified pile burning; providing pile burning
184 requirements; limiting the liability of property
185 owners or agents engaged in pile burning; providing
186 for the certification of pile burners; providing
187 penalties for violations by certified pile burners;
188 requiring rules; revising notice requirements for
189 wildfire hazard reduction treatments; providing for
190 approval of local government open burning
191 authorization programs; providing program
192 requirements; authorizing the division to close local
193 government programs under certain circumstances;
194 providing penalties for violations of local government
195 open burning requirements; amending s. 590.14, F.S.;
196 authorizing fines for violations of any division rule;
197 providing penalties for certain violations; providing
198 legislative intent; amending s. 599.004, F.S.;
199 revising standards that a winery must meet to qualify
200 as a certified Florida Farm Winery; amending s.
201 604.15, F.S.; revising the term “agricultural
202 products” to make tropical foliage exempt from
203 regulation under provisions relating to dealers in
204 agricultural products; defining the term “responsible
205 position”; amending s. 604.19, F.S.; revising
206 requirements for late fees on agricultural products
207 dealer applications; amending s. 604.20, F.S.;
208 revising the minimum amount of the surety bond or
209 certificate of deposit required for agricultural
210 products dealer licenses; providing conditions for the
211 payment of bond or certificate of deposit proceeds;
212 requiring additional documentation for issuance of a
213 conditional license; amending s. 604.25, F.S.;
214 authorizing the department to deny licenses to certain
215 applicants; deleting a provision prohibiting certain
216 persons from holding a responsible position with a
217 licensee; amending s. 616.242, F.S.; authorizing the
218 issuance of stop-operation orders for amusement rides
219 under certain circumstances; amending s. 790.06, F.S.;
220 authorizing a concealed firearm license applicant to
221 submit fingerprints administered by the Division of
222 Licensing; amending s. 849.094, F.S.; providing and
223 revising definitions; prohibiting the Department of
224 Agriculture and Consumer Services from accepting a
225 filing of a copy of the rules, prizes, and regulations
226 of a game promotion from certain persons,
227 corporations, or associations; requiring an operator
228 of a game promotion to file a certification from an
229 independent testing laboratory to the department;
230 requiring an operator of certain game promotions to
231 establish a trust account with a balance equal to the
232 total value of all prizes offered; requiring the
233 official of the financial institution holding the
234 trust account to set forth the account number of the
235 trust account; authorizing the operator to obtain a
236 surety bond from a surety authorized to do business in
237 this state; providing that the moneys held in the
238 trust account may be withdrawn only upon written
239 approval by the department; requiring the operator to
240 certify certain information to the department;
241 providing requirements for a surety bond obtained in
242 lieu of establishing a trust account; providing a date
243 for the final determination of winners after the
244 ending date of a game promotion; deleting the
245 provision that exempts the activities of nonprofit
246 organizations from the requirements of operating a
247 game promotion; providing that certain statutory
248 provisions do not prohibit the use of certain
249 electronic devices or computer terminals to conduct or
250 display the results of a game promotion; providing
251 that each specified electronic device or computer
252 terminal is a separate game promotion; requiring a
253 separate filing fee for each device or terminal;
254 requiring an operator of a game promotion that uses
255 certain electronic devices or computer terminals to
256 comply with certain requirements; repealing ss.
257 570.071 and 570.901, F.S., relating to the Florida
258 Agricultural Exposition and the Florida Agricultural
259 Museum; providing an effective date.
260
261 Be It Enacted by the Legislature of the State of Florida:
262
263 Section 1. Subsections (5) and (7) of section 482.021,
264 Florida Statutes, are amended to read:
265 482.021 Definitions.—For the purposes of this chapter, and
266 unless otherwise required by the context, the term:
267 (5) “Certified operator in charge” means a certified
268 operator:
269 (a) Whose primary occupation is the pest control business;
270 (b) Who is employed full time by a licensee; and
271 (c) Whose principal duty is the personal supervision of the
272 licensee’s operation in a category or categories of pest control
273 in which the operator is certified.
274 (7) “Employee” means a person who is employed by a licensee
275 that provides that person with necessary training, supervision,
276 pesticides, equipment, and insurance and who receives
277 compensation from and is under the personal supervision and
278 direct control of the licensee’s certified operator in charge
279 and from whose compensation the licensee regularly deducts and
280 matches federal insurance contributions and federal income and
281 Social Security taxes.
282 Section 2. Subsection (3) of section 482.051, Florida
283 Statutes, is amended to read:
284 482.051 Rules.—The department has authority to adopt rules
285 pursuant to ss. 120.536(1) and 120.54 to implement the
286 provisions of this chapter. Prior to proposing the adoption of a
287 rule, the department shall counsel with members of the pest
288 control industry concerning the proposed rule. The department
289 shall adopt rules for the protection of the health, safety, and
290 welfare of pest control employees and the general public which
291 require:
292 (3) That written contracts be required for providing
293 termites and other wood-destroying organisms pest control, that
294 provisions necessary to assure consumer protection as specified
295 by the department be included in such contracts, that licensees
296 perform an inspection before issuing a contract on an existing
297 structure, and that require licensees to comply with the
298 contracts issued.
299 Section 3. Subsection (4) of section 482.071, Florida
300 Statutes, is amended to read:
301 482.071 Licenses.—
302 (4) A licensee may not operate a pest control business
303 without carrying the required insurance coverage. Each person
304 making application for a pest control business license or
305 renewal thereof must furnish to the department a certificate of
306 insurance that meets the requirements for minimum financial
307 responsibility for bodily injury and property damage consisting
308 of:
309 (a) Bodily injury: $250,000 $100,000 each person and
310 $500,000 $300,000 each occurrence; and property damage: $250,000
311 $50,000 each occurrence and $500,000 $100,000 in the aggregate;
312 or
313 (b) Combined single-limit coverage: $500,000 $400,000 in
314 the aggregate.
315 Section 4. Section 482.072, Florida Statutes, is created to
316 read:
317 482.072 Pest control service centers.—
318 (1) The department may issue a license to a qualified
319 business to operate a pest control service center, to solicit
320 pest control business, or to provide services to customers for
321 one or more business locations licensed under s. 482.071. A
322 person may not operate a centralized service center for a pest
323 control business that is not licensed by the department.
324 (2)(a) Before operating a pest control service center, and
325 biennially thereafter, on or before an anniversary date set by
326 the department for the licensed pest control service center
327 location, the pest control business must apply to the department
328 for a license under this chapter, or a renewal thereof, for each
329 pest control service center location. An application must be
330 submitted in the format prescribed by the department.
331 (b) The department shall establish a fee for the issuance
332 of a pest control service center license of at least $500, but
333 not more than $1,000, and a fee for the renewal of a license of
334 at least $500, but not more than $1,000; however, until rules
335 setting the fees are adopted by the department, the initial
336 license and renewal fees are each set at $500. The department
337 shall establish a grace period, not to exceed 30 calendar days
338 after a license’s anniversary renewal date. The department shall
339 assess a late renewal fee of $150, in addition to the renewal
340 fee, to a business that renews its license after the grace
341 period.
342 (c) A license automatically expires 60 calendar days after
343 the anniversary renewal date unless the license is renewed
344 before that date. Once a license expires, it may be reinstated
345 only upon reapplication and payment of the license fee and late
346 renewal fee.
347 (d) A license automatically expires when a licensee changes
348 its pest control service center business location address. The
349 department shall issue a new license upon payment of a $250 fee.
350 The new license automatically expires 60 calendar days after the
351 anniversary renewal date of the former license unless the
352 license is renewed before that date.
353 (e) The department may not issue or renew a license to
354 operate a centralized pest control service center unless the
355 pest control business licensees for whom the centralized service
356 center solicits business have one or more common owners.
357 (f) The department may deny the issuance of a pest control
358 service center license, or refuse to renew a license, if the
359 department finds that the applicant or licensee, or any of its
360 directors, officers, owners, or general partners, are or were
361 directors, officers, owners, or general partners of a pest
362 control business described in s. 482.071(2)(g) or violated a
363 rule adopted under s. 482.071(2)(f).
364 (g) Section 482.091 does not apply to a person who solicits
365 pest control services or provides customer service in a licensed
366 pest control service center unless the person performs the pest
367 control work described in s. 482.021(21)(a)-(d), executes a pest
368 control contract, or accepts remuneration for such work.
369 (3)(a) The department shall adopt rules establishing
370 requirements and procedures for recordkeeping and monitoring of
371 pest control service center operations to ensure compliance with
372 this chapter and rules adopted under this chapter.
373 (b) Notwithstanding s. 482.163, whether an employee acts
374 outside the course and scope of his or her employment or whether
375 the employee disobeys employer policies:
376 1. A pest control service center licensee may be subject to
377 disciplinary action under s. 482.161 for a violation of this
378 chapter or a rule adopted under this chapter committed by an
379 employee of the service center.
380 2. A pest control business licensee may be subject to
381 disciplinary action under s. 482.161 for a violation committed
382 by an employee of the service center if the business licensee
383 benefits from the violation.
384 Section 5. Section 482.152, Florida Statutes, is amended to
385 read:
386 482.152 Duties of certified operator in charge of pest
387 control activities of licensee.—A certified operator in charge
388 of the pest control activities of a licensee shall have her or
389 his primary occupation with the licensee and shall be a full
390 time employee of the licensee. The, and her or his principal
391 duties of the certified operator in charge duty shall include:
392 (1) The Responsibility for the personal supervision of, and
393 participation in, the pest control activities of at the business
394 location of the licensee. This chapter does not prevent a
395 certified operator in charge from performing duties at other
396 business locations owned by the licensee if:
397 (a) The certified operator in charge performs her or his
398 duties as provided in this section for the business location of
399 the licensee.
400 (b) The certified operator in charge is a full-time
401 employee of the licensee.
402 (c) The primary occupation of the certified operator in
403 charge is the pest control business. as the same relate to:
404 (2)(1) The Selection of proper and correct chemicals for
405 the particular pest control work performed.
406 (3)(2) The Safe and proper use of the pesticides used.
407 (4)(3) The Correct concentration and formulation of
408 pesticides used in all pest control work performed.
409 (5)(4) The Training of personnel in the proper and
410 acceptable methods of pest control.
411 (6)(5) The Control measures and procedures used.
412 (7)(6) The Notification of the department of any accidental
413 human poisoning or death connected with pest control work
414 performed on a job she or he is supervising, within 24 hours
415 after she or he has knowledge of the poisoning or death.
416 Section 6. Section 482.157, Florida Statutes, is created to
417 read:
418 482.157 Limited certification for commercial wildlife
419 management personnel.—
420 (1) The department shall establish a limited certification
421 category for individual commercial wildlife management personnel
422 which authorizes the personnel to use nonchemical methods for
423 controlling pest birds or rodents, including, but not limited
424 to, the use of traps, glue boards, mechanical or electronic
425 devices, or exclusionary techniques.
426 (2) A person seeking limited certification under this
427 section must pass an examination administered by the department.
428 An application for examination must be accompanied by an
429 examination fee set by rule of the department of at least $150
430 but not to exceed $300. The department shall provide the
431 appropriate reference materials for the examination and make the
432 examination readily available to applicants at least quarterly
433 or as often as necessary in each county. Before the department
434 issues a limited certification under this section, the person
435 applying for certification must furnish proof that he or she
436 holds a certificate of insurance stating that his or her
437 employer meets the requirements for minimum financial
438 responsibility in s. 482.071(4).
439 (3) An application for recertification under this section
440 must be submitted biennially and must be accompanied by a
441 recertification fee set by rule of the department of at least
442 $150 but not to exceed $300. The application must also be
443 accompanied by proof that:
444 (a) The applicant completed 4 classroom hours of acceptable
445 continuing education.
446 (b) The applicant holds a certificate of insurance stating
447 that his or her employer meets the requirements for minimum
448 financial responsibility in s. 482.071(4).
449 (4) The department shall establish a grace period, not to
450 exceed 30 calendar days after a biennial date established by the
451 department on which recertification is due. The department shall
452 assess a late charge of $50, in addition to the recertification
453 fee, to commercial wildlife management personnel who are
454 recertified after the grace period.
455 (5) A limited certification automatically expires 180
456 calendar days after the biennial date on which recertification
457 is due unless the commercial wildlife personnel are recertified
458 before the certification expires. Once a certification expires,
459 certification may be issued only upon successful reexamination
460 and payment of the examination fees.
461 (6) Certification under this section does not authorize:
462 (a) Use of any pesticide or chemical substance, other than
463 adhesive materials, to control pest birds, rodents, or other
464 nuisance wildlife in, on, or under a structure.
465 (b) Operation of a pest control business.
466 (c) Supervision of a certified person.
467 Section 7. Section 482.163, Florida Statutes, is amended to
468 read:
469 482.163 Responsibility for pest control activities of
470 employee.—Proper performance of pest control activities by a
471 pest control business employee is the responsibility not only of
472 the employee but also of the licensee and the certified operator
473 in charge, and the licensee and certified operator in charge may
474 be subject to disciplinary action under disciplined pursuant to
475 the provisions of s. 482.161 for the pest control activities of
476 an employee unless the employee acts outside of the course and
477 scope of his or her employment or the employee disobeys employer
478 policies that the licensee and certified operator in charge
479 regularly and consistently enforce. The department will notify
480 the licensee and certified operator in charge so that corrective
481 action can be taken when an administrative action is initiated
482 against an employee of the licensee as a result of an inspection
483 or investigation. A licensee may not automatically be considered
484 responsible for violations made by an employee. However, the
485 licensee may not knowingly encourage, aid, or abet violations of
486 this chapter.
487 Section 8. Subsection (6) of section 482.226, Florida
488 Statutes, is amended to read:
489 482.226 Wood-destroying organism inspection report; notice
490 of inspection or treatment; financial responsibility.—
491 (6) Any licensee that performs wood-destroying organism
492 inspections in accordance with subsection (1) must meet minimum
493 financial responsibility in the form of errors and omissions
494 (professional liability) insurance coverage or bond in an amount
495 no less than $250,000 $50,000 in the aggregate and $25,000 per
496 occurrence, or demonstrate that the licensee has equity or net
497 worth of no less than $500,000 $100,000 as determined by
498 generally accepted accounting principles substantiated by a
499 certified public accountant’s review or certified audit. The
500 licensee must show proof of meeting this requirement at the time
501 of license application or renewal thereof.
502 Section 9. Subsection (1) of section 493.6102, Florida
503 Statutes, is amended to read:
504 493.6102 Inapplicability of this chapter.—This chapter
505 shall not apply to:
506 (1) Any individual who is an “officer” as defined in s.
507 943.10(14), or is a law enforcement officer of the United States
508 Government, while the such local, state, or federal officer is
509 engaged in her or his official duties or, if approved by the
510 officer’s supervisors, when performing off-duty activities as a
511 security officer activities approved by her or his superiors.
512 Section 10. Section 493.6105, Florida Statutes, is amended
513 to read:
514 493.6105 Initial application for license.—
515 (1) Each individual, partner, or principal officer in a
516 corporation, shall file with the department a complete
517 application accompanied by an application fee not to exceed $60,
518 except that the applicant for a Class “D” or Class “G” license
519 shall not be required to submit an application fee. The
520 application fee shall not be refundable.
521 (a) The application submitted by any individual, partner,
522 or corporate officer shall be approved by the department prior
523 to that individual, partner, or corporate officer assuming his
524 or her duties.
525 (b) Individuals who invest in the ownership of a licensed
526 agency, but do not participate in, direct, or control the
527 operations of the agency shall not be required to file an
528 application.
529 (2) Each application shall be signed and verified by the
530 individual under oath as provided in s. 95.525 and shall be
531 notarized.
532 (3) The application shall contain the following information
533 concerning the individual signing same:
534 (a) Name and any aliases.
535 (b) Age and date of birth.
536 (c) Place of birth.
537 (d) Social security number or alien registration number,
538 whichever is applicable.
539 (e) Present residence address and his or her residence
540 addresses within the 5 years immediately preceding the
541 submission of the application.
542 (f) Occupations held presently and within the 5 years
543 immediately preceding the submission of the application.
544 (f)(g) A statement of all criminal convictions, findings of
545 guilt, and pleas of guilty or nolo contendere, regardless of
546 adjudication of guilt.
547 (g) One passport-type color photograph taken within the 6
548 months immediately preceding submission of the application.
549 (h) A statement whether he or she has ever been adjudicated
550 incompetent under chapter 744.
551 (i) A statement whether he or she has ever been committed
552 to a mental institution under chapter 394.
553 (j) A full set of fingerprints on a card provided by the
554 department and a fingerprint fee to be established by rule of
555 the department based upon costs determined by state and federal
556 agency charges and department processing costs. An applicant who
557 has, within the immediately preceding 6 months, submitted a
558 fingerprint card and fee for licensing purposes under this
559 chapter shall not be required to submit another fingerprint card
560 or fee.
561 (k) A personal inquiry waiver which allows the department
562 to conduct necessary investigations to satisfy the requirements
563 of this chapter.
564 (l) Such further facts as may be required by the department
565 to show that the individual signing the application is of good
566 moral character and qualified by experience and training to
567 satisfy the requirements of this chapter.
568 (4) In addition to the application requirements outlined in
569 subsection (3), the applicant for a Class “C,” Class “CC,” Class
570 “E,” Class “EE,” or Class “G” license shall submit two color
571 photographs taken within the 6 months immediately preceding the
572 submission of the application, which meet specifications
573 prescribed by rule of the department. All other applicants shall
574 submit one photograph taken within the 6 months immediately
575 preceding the submission of the application.
576 (4)(5) In addition to the application requirements outlined
577 under subsection (3), the applicant for a Class “C,” Class “E,”
578 Class “M,” Class “MA,” Class “MB,” or Class “MR” license shall
579 include a statement on a form provided by the department of the
580 experience which he or she believes will qualify him or her for
581 such license.
582 (5)(6) In addition to the requirements outlined in
583 subsection (3), an applicant for a Class “G” license shall
584 satisfy minimum training criteria for firearms established by
585 rule of the department, which training criteria shall include,
586 but is not limited to, 28 hours of range and classroom training
587 taught and administered by a Class “K” licensee; however, no
588 more than 8 hours of such training shall consist of range
589 training. If the applicant can show proof that he or she is an
590 active law enforcement officer currently certified under the
591 Criminal Justice Standards and Training Commission or has
592 completed the training required for that certification within
593 the last 12 months, or if the applicant submits one of the
594 certificates specified in paragraph (6)(a) (7)(a), the
595 department may waive the foregoing firearms training
596 requirement.
597 (6)(7) In addition to the requirements under subsection
598 (3), an applicant for a Class “K” license shall:
599 (a) Submit one of the following certificates:
600 1. The Florida Criminal Justice Standards and Training
601 Commission Firearms Instructor’s Certificate and confirmation by
602 the commission that the applicant is authorized to provide
603 firearms instruction.
604 2. The National Rifle Association Law Enforcement Police
605 Firearms Instructor’s Certificate.
606 3. The National Rifle Association Security Firearms
607 Instructor’s Certificate.
608 3.4. A firearms instructor’s training certificate issued by
609 any branch of the United States Armed Forces, from a federal law
610 enforcement academy or agency, state, county, or municipal
611 police academy in this state recognized as such by the Criminal
612 Justice Standards and Training Commission or by the Department
613 of Education.
614 (b) Pay the fee for and pass an examination administered by
615 the department which shall be based upon, but is not necessarily
616 limited to, a firearms instruction manual provided by the
617 department.
618 (7)(8) In addition to the application requirements for
619 individuals, partners, or officers outlined under subsection
620 (3), the application for an agency license shall contain the
621 following information:
622 (a) The proposed name under which the agency intends to
623 operate.
624 (b) The street address, mailing address, and telephone
625 numbers of the principal location at which business is to be
626 conducted in this state.
627 (c) The street address, mailing address, and telephone
628 numbers of all branch offices within this state.
629 (d) The names and titles of all partners or, in the case of
630 a corporation, the names and titles of its principal officers.
631 (8)(9) Upon submission of a complete application, a Class
632 “CC,” Class “C,” Class “D,” Class “EE,” Class “E,” Class “M,”
633 Class “MA,” Class “MB,” or Class “MR” applicant may commence
634 employment or appropriate duties for a licensed agency or branch
635 office. However, the Class “C” or Class “E” applicant must work
636 under the direction and control of a sponsoring licensee while
637 his or her application is being processed. If the department
638 denies application for licensure, the employment of the
639 applicant must be terminated immediately, unless he or she
640 performs only unregulated duties.
641 Section 11. Paragraph (f) of subsection (1) and paragraph
642 (a) of subsection (2) of section 493.6106, Florida Statutes, are
643 amended, and paragraph (g) is added to subsection (1) of that
644 section, to read:
645 493.6106 License requirements; posting.—
646 (1) Each individual licensed by the department must:
647 (f) Be a citizen or permanent legal resident alien of the
648 United States or have appropriate been granted authorization
649 issued to seek employment in this country by the United States
650 Bureau of Citizenship and Immigration Services (USCIS) of the
651 United States Department of Homeland Security.
652 1. An applicant for a Class “C,” Class “CC,” Class “D,”
653 Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class
654 “MB,” Class “MR,” or Class “RI” license who is not a United
655 States citizen must submit proof of current employment
656 authorization issued by the United States Citizenship and
657 Immigration Services or proof that she or he is deemed a
658 permanent legal resident alien by the USCIS.
659 2. An applicant for a Class “G” or Class “K” license who is
660 not a United States citizen must submit proof that she or he is
661 deemed a permanent legal resident alien by the United States
662 Citizenship and Immigration Services, along with additional
663 documentation establishing that she or he has resided in the
664 state of residence shown on the application for at least 90
665 consecutive days before the date that the application is
666 submitted.
667 3. An applicant for an agency or school license who is not
668 a United States citizen or permanent legal resident alien must
669 submit documentation issued by the United States Citizenship and
670 Immigration Services stating that she or he is lawfully in the
671 United States and is authorized to own and operate the type of
672 agency or school for which she or he is applying. An employment
673 authorization card issued by the United States Citizenship and
674 Immigration Services is not sufficient documentation.
675 (g) Not be prohibited from purchasing or possessing a
676 firearm by state or federal law if the individual is applying
677 for a Class “G” license or a Class “K” license.
678 (2) Each agency shall have a minimum of one physical
679 location within this state from which the normal business of the
680 agency is conducted, and this location shall be considered the
681 primary office for that agency in this state.
682 (a) If an agency or branch office desires to change the
683 physical location of the business, as it appears on the agency
684 license, the department must be notified within 10 days of the
685 change, and, except upon renewal, the fee prescribed in s.
686 493.6107 must be submitted for each license requiring revision.
687 Each license requiring revision must be returned with such
688 notification.
689 Section 12. Subsection (3) of section 493.6107, Florida
690 Statutes, is amended to read:
691 493.6107 Fees.—
692 (3) The fees set forth in this section must be paid by
693 certified check or money order or, at the discretion of the
694 department, by agency check at the time the application is
695 approved, except that the applicant for a Class “G” or Class “M”
696 license must pay the license fee at the time the application is
697 made. If a license is revoked or denied or if the application is
698 withdrawn, the license fee shall not be refunded.
699 Section 13. Paragraph (a) of subsection (1) and subsection
700 (3) of section 493.6108, Florida Statutes, are amended to read:
701 493.6108 Investigation of applicants by Department of
702 Agriculture and Consumer Services.—
703 (1) Except as otherwise provided, prior to the issuance of
704 a license under this chapter, the department shall make an
705 investigation of the applicant for a license. The investigation
706 shall include:
707 (a)1. An examination of fingerprint records and police
708 records. When a criminal history analysis of any applicant under
709 this chapter is performed by means of fingerprint card
710 identification, the time limitations prescribed by s. 120.60(1)
711 shall be tolled during the time the applicant’s fingerprint card
712 is under review by the Department of Law Enforcement or the
713 United States Department of Justice, Federal Bureau of
714 Investigation.
715 2. If a legible set of fingerprints, as determined by the
716 Department of Law Enforcement or the Federal Bureau of
717 Investigation, cannot be obtained after two attempts, the
718 Department of Agriculture and Consumer Services may determine
719 the applicant’s eligibility based upon a criminal history record
720 check under the applicant’s name conducted by the Department of
721 Law Enforcement if the and the Federal Bureau of Investigation.
722 A set of fingerprints are taken by a law enforcement agency or
723 the department and the applicant submits a written statement
724 signed by the fingerprint technician or a licensed physician
725 stating that there is a physical condition that precludes
726 obtaining a legible set of fingerprints or that the fingerprints
727 taken are the best that can be obtained is sufficient to meet
728 this requirement.
729 (3) The department shall also investigate the mental
730 history and current mental and emotional fitness of any Class
731 “G” or Class “K” applicant, and may deny a Class “G” or Class
732 “K” license to anyone who has a history of mental illness or
733 drug or alcohol abuse.
734 Section 14. Subsection (4) of section 493.6111, Florida
735 Statutes, is amended to read:
736 493.6111 License; contents; identification card.—
737 (4) Notwithstanding the existence of a valid Florida
738 corporate registration, an no agency or school licensee may not
739 conduct activities regulated under this chapter under any
740 fictitious name without prior written authorization from the
741 department to use that name in the conduct of activities
742 regulated under this chapter. The department may not authorize
743 the use of a name which is so similar to that of a public
744 officer or agency, or of that used by another licensee, that the
745 public may be confused or misled thereby. The authorization for
746 the use of a fictitious name shall require, as a condition
747 precedent to the use of such name, the filing of a certificate
748 of engaging in business under a fictitious name under s. 865.09.
749 A No licensee may not shall be permitted to conduct business
750 under more than one fictitious name except as separately
751 licensed nor shall the license be valid to protect any licensee
752 who is engaged in the business under any name other than that
753 specified in the license. An agency desiring to change its
754 licensed name shall notify the department and, except upon
755 renewal, pay a fee not to exceed $30 for each license requiring
756 revision including those of all licensed employees except Class
757 “D” or Class “G” licensees. Upon the return of such licenses to
758 the department, revised licenses shall be provided.
759 Section 15. Subsection (2) and paragraph (a) of subsection
760 (3) of section 493.6113, Florida Statutes, are amended to read:
761 493.6113 Renewal application for licensure.—
762 (2) At least No less than 90 days before prior to the
763 expiration date of the license, the department shall mail a
764 written notice to the last known mailing residence address of
765 the licensee for individual licensees and to the last known
766 agency address for agencies.
767 (3) Each licensee shall be responsible for renewing his or
768 her license on or before its expiration by filing with the
769 department an application for renewal accompanied by payment of
770 the prescribed license fee.
771 (a) Each Class “B” Class “A,” Class “B,” or Class “R”
772 licensee shall additionally submit on a form prescribed by the
773 department a certification of insurance which evidences that the
774 licensee maintains coverage as required under s. 493.6110.
775 Section 16. Subsection (8), paragraph (d) of subsection
776 (12), and subsection (16) of section 493.6115, Florida Statutes,
777 are amended to read:
778 493.6115 Weapons and firearms.—
779 (8) A Class “G” applicant must satisfy the minimum training
780 criteria as set forth in s. 493.6105(5)(6) and as established by
781 rule of the department.
782 (12) The department may issue a temporary Class “G”
783 license, on a case-by-case basis, if:
784 (d) The applicant has received approval from the department
785 subsequent to its conduct of a criminal history record check as
786 authorized in s. 493.6108(1)(a)1. 493.6121(6).
787 (16) If the criminal history record check program
788 referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the
789 department may issue a temporary “G” license on a case-by-case
790 basis, provided that the applicant has met all statutory
791 requirements for the issuance of a temporary “G” license as
792 specified in subsection (12), excepting the criminal history
793 record check stipulated there; provided, that the department
794 requires that the licensed employer of the applicant conduct a
795 criminal history record check of the applicant pursuant to
796 standards set forth in rule by the department, and provide to
797 the department an affidavit containing such information and
798 statements as required by the department, including a statement
799 that the criminal history record check did not indicate the
800 existence of any criminal history that would prohibit licensure.
801 Failure to properly conduct such a check, or knowingly providing
802 incorrect or misleading information or statements in the
803 affidavit shall constitute grounds for disciplinary action
804 against the licensed agency, including revocation of license.
805 Section 17. Present paragraph (u) of subsection (1) of
806 section 493.6118, Florida Statutes, is redesignated as paragraph
807 (v), and a new paragraph (u) is added to that subsection, to
808 read:
809 493.6118 Grounds for disciplinary action.—
810 (1) The following constitute grounds for which disciplinary
811 action specified in subsection (2) may be taken by the
812 department against any licensee, agency, or applicant regulated
813 by this chapter, or any unlicensed person engaged in activities
814 regulated under this chapter.
815 (u) For a Class “G” or a Class “K” applicant or licensee,
816 being prohibited from purchasing or possessing a firearm by
817 state or federal law.
818 (v)(u) In addition to the grounds for disciplinary action
819 prescribed in paragraphs (a)-(t), Class “R” recovery agencies,
820 Class “E” recovery agents, and Class “EE” recovery agent interns
821 are prohibited from committing the following acts:
822 1. Recovering a motor vehicle, mobile home, motorboat,
823 aircraft, personal watercraft, all-terrain vehicle, farm
824 equipment, or industrial equipment that has been sold under a
825 conditional sales agreement or under the terms of a chattel
826 mortgage before authorization has been received from the legal
827 owner or mortgagee.
828 2. Charging for expenses not actually incurred in
829 connection with the recovery, transportation, storage, or
830 disposal of repossessed property or personal property obtained
831 in a repossession.
832 3. Using any repossessed property or personal property
833 obtained in a repossession for the personal benefit of a
834 licensee or an officer, director, partner, manager, or employee
835 of a licensee.
836 4. Selling property recovered under the provisions of this
837 chapter, except with written authorization from the legal owner
838 or the mortgagee thereof.
839 5. Failing to notify the police or sheriff’s department of
840 the jurisdiction in which the repossessed property is recovered
841 within 2 hours after recovery.
842 6. Failing to remit moneys collected in lieu of recovery of
843 a motor vehicle, mobile home, motorboat, aircraft, personal
844 watercraft, all-terrain vehicle, farm equipment, or industrial
845 equipment to the client within 10 working days.
846 7. Failing to deliver to the client a negotiable instrument
847 that is payable to the client, within 10 working days after
848 receipt of such instrument.
849 8. Falsifying, altering, or failing to maintain any
850 required inventory or records regarding disposal of personal
851 property contained in or on repossessed property pursuant to s.
852 493.6404(1).
853 9. Carrying any weapon or firearm when he or she is on
854 private property and performing duties under his or her license
855 whether or not he or she is licensed pursuant to s. 790.06.
856 10. Soliciting from the legal owner the recovery of
857 property subject to repossession after such property has been
858 seen or located on public or private property if the amount
859 charged or requested for such recovery is more than the amount
860 normally charged for such a recovery.
861 11. Wearing, presenting, or displaying a badge in the
862 course of performing a repossession regulated by this chapter.
863 Section 18. Present subsections (7) and (8) of section
864 493.6121, Florida Statutes, are renumbered as subsections (6)
865 and (7), respectively, and subsection (6) of that section is
866 amended, to read:
867 493.6121 Enforcement; investigation.—
868 (6) The department shall be provided access to the program
869 that is operated by the Department of Law Enforcement, pursuant
870 to s. 790.065, for providing criminal history record information
871 to licensed gun dealers, manufacturers, and exporters. The
872 department may make inquiries, and shall receive responses in
873 the same fashion as provided under s. 790.065. The department
874 shall be responsible for payment to the Department of Law
875 Enforcement of the same fees as charged to others afforded
876 access to the program.
877 Section 19. Subsection (3) of section 493.6202, Florida
878 Statutes, is amended to read:
879 493.6202 Fees.—
880 (3) The fees set forth in this section must be paid by
881 certified check or money order or, at the discretion of the
882 department, by agency check at the time the application is
883 approved, except that the applicant for a Class “G,” Class “C,”
884 Class “CC,” Class “M,” or Class “MA” license must pay the
885 license fee at the time the application is made. If a license is
886 revoked or denied or if the application is withdrawn, the
887 license fee shall not be refunded.
888 Section 20. Subsections (2), (4), and (6) of section
889 493.6203, Florida Statutes, are amended to read:
890 493.6203 License requirements.—In addition to the license
891 requirements set forth elsewhere in this chapter, each
892 individual or agency shall comply with the following additional
893 requirements:
894 (2) An applicant for a Class “MA” license shall have 2
895 years of lawfully gained, verifiable, full-time experience, or
896 training in:
897 (a) Private investigative work or related fields of work
898 that provided equivalent experience or training;
899 (b) Work as a Class “CC” licensed intern;
900 (c) Any combination of paragraphs (a) and (b);
901 (d) Experience described in paragraph (a) for 1 year and
902 experience described in paragraph (e) for 1 year;
903 (e) No more than 1 year using:
904 1. College coursework related to criminal justice,
905 criminology, or law enforcement administration; or
906 2. Successfully completed law enforcement-related training
907 received from any federal, state, county, or municipal agency;
908 or
909 (f) Experience described in paragraph (a) for 1 year and
910 work in a managerial or supervisory capacity for 1 year.
911
912 However, experience in performing bodyguard services is not
913 creditable toward the requirements of this subsection.
914 (4) An applicant for a Class “C” license shall have 2 years
915 of lawfully gained, verifiable, full-time experience, or
916 training in one, or a combination of more than one, of the
917 following:
918 (a) Private investigative work or related fields of work
919 that provided equivalent experience or training.
920 (b) College coursework related to criminal justice,
921 criminology, or law enforcement administration, or successful
922 completion of any law enforcement-related training received from
923 any federal, state, county, or municipal agency, except that no
924 more than 1 year may be used from this category.
925 (c) Work as a Class “CC” licensed intern.
926
927 However, experience in performing bodyguard services is not
928 creditable toward the requirements of this subsection.
929 (6)(a) A Class “CC” licensee shall serve an internship
930 under the direction and control of a designated sponsor, who is
931 a Class “C,” Class “MA,” or Class “M” licensee.
932 (b) Effective July 1, 2009 September 1, 2008, before
933 submission of an application to the department, the an applicant
934 for a Class “CC” license must have completed a minimum of 40 at
935 least 24 hours of professional training a 40-hour course
936 pertaining to general investigative techniques and this chapter,
937 which course is offered by a state university or by a school,
938 community college, college, or university under the purview of
939 the Department of Education, and the applicant must pass an
940 examination. The training must be provided in two parts, one 24
941 hour course and one 16-hour course. The certificate evidencing
942 satisfactory completion of the 40 at least 24 hours of
943 professional training a 40-hour course must be submitted with
944 the application for a Class “CC” license. The remaining 16 hours
945 must be completed and an examination passed within 180 days. If
946 documentation of completion of the required training is not
947 submitted within the specified timeframe, the individual’s
948 license is automatically suspended or his or her authority to
949 work as a Class “CC” pursuant to s. 493.6105(9) is rescinded
950 until such time as proof of certificate of completion is
951 provided to the department. The training course specified in
952 this paragraph may be provided by face-to-face presentation,
953 online technology, or a home study course in accordance with
954 rules and procedures of the Department of Education. The
955 administrator of the examination must verify the identity of
956 each applicant taking the examination.
957 1. Upon an applicant’s successful completion of each part
958 of the approved training course and passage of any required
959 examination, the school, community college, college, or
960 university shall issue a certificate of completion to the
961 applicant. The certificates must be on a form established by
962 rule of the department.
963 2. The department shall establish by rule the general
964 content of the professional training course and the examination
965 criteria.
966 3. If the license of an applicant for relicensure is has
967 been invalid for more than 1 year, the applicant must complete
968 the required training and pass any required examination.
969 (c) An individual who submits an application for a Class
970 “CC” license on or after September 1, 2008, through June 30,
971 2009, who has not completed the 16-hour course must submit proof
972 of successful completion of the course within 180 days after the
973 date the application is submitted. If documentation of
974 completion of the required training is not submitted by that
975 date, the individual’s license is automatically suspended until
976 proof of the required training is submitted to the department.
977 An individual licensed on or before August 31, 2008, is not
978 required to complete additional training hours in order to renew
979 an active license beyond the required total amount of training,
980 and within the timeframe, in effect at the time he or she was
981 licensed.
982 Section 21. Subsection (3) of section 493.6302, Florida
983 Statutes, is amended to read:
984 493.6302 Fees.—
985 (3) The fees set forth in this section must be paid by
986 certified check or money order or, at the discretion of the
987 department, by agency check at the time the application is
988 approved, except that the applicant for a Class “D,” Class “G,”
989 Class “M,” or Class “MB” license must pay the license fee at the
990 time the application is made. If a license is revoked or denied
991 or if the application is withdrawn, the license fee shall not be
992 refunded.
993 Section 22. Subsection (4) of section 493.6303, Florida
994 Statutes, is amended to read:
995 493.6303 License requirements.—In addition to the license
996 requirements set forth elsewhere in this chapter, each
997 individual or agency shall comply with the following additional
998 requirements:
999 (4)(a) Effective July 1, 2009, an applicant for a Class “D”
1000 license must submit proof of successful completion of complete a
1001 minimum of 40 hours of professional training at a school or
1002 training facility licensed by the department. The training must
1003 be provided in two parts, one 24-hour course and one 16-hour
1004 course. The department shall by rule establish the general
1005 content and number of hours of each subject area to be taught.
1006 (b) An individual who submits an application for a Class
1007 “D” license on or after January 1, 2007, through June 30, 2009,
1008 who has not completed the 16-hour course must submit proof of
1009 successful completion of the course within 180 days after the
1010 date the application is submitted. If documentation of
1011 completion of the required training is not submitted by that
1012 date, the individual’s license is automatically suspended until
1013 proof of the required training is submitted to the department.
1014 This section does not require a person licensed before January
1015 1, 2007, to complete additional training hours in order to renew
1016 an active license beyond the required total amount of training
1017 within the timeframe prescribed by law at the time he or she was
1018 licensed. An applicant may fulfill the training requirement
1019 prescribed in paragraph (a) by submitting proof of:
1020 1. Successful completion of the total number of required
1021 hours of training before initial application for a Class “D”
1022 license; or
1023 2. Successful completion of 24 hours of training before
1024 initial application for a Class “D” license and successful
1025 completion of the remaining 16 hours of training within 180 days
1026 after the date that the application is submitted. If
1027 documentation of completion of the required training is not
1028 submitted within the specified timeframe, the individual’s
1029 license is automatically suspended until such time as proof of
1030 the required training is provided to the department.
1031 (c) An individual However, any person whose license is
1032 suspended or has been revoked, suspended pursuant to paragraph
1033 (b) subparagraph 2., or is expired for at least 1 year, or
1034 longer is considered, upon reapplication for a license, an
1035 initial applicant and must submit proof of successful completion
1036 of 40 hours of professional training at a school or training
1037 facility licensed by the department as provided prescribed in
1038 paragraph (a) before a license is will be issued. Any person
1039 whose license was issued before January 1, 2007, and whose
1040 license has been expired for less than 1 year must, upon
1041 reapplication for a license, submit documentation of completion
1042 of the total number of hours of training prescribed by law at
1043 the time her or his initial license was issued before another
1044 license will be issued. This subsection does not require an
1045 individual licensed before January 1, 2007, to complete
1046 additional training hours in order to renew an active license,
1047 beyond the required total amount of training within the
1048 timeframe prescribed by law at the time she or he was licensed.
1049 Section 23. Subsection (2) of section 493.6304, Florida
1050 Statutes, is amended to read:
1051 493.6304 Security officer school or training facility.—
1052 (2) The application shall be signed and verified by the
1053 applicant under oath as provided in s. 92.525 notarized and
1054 shall contain, at a minimum, the following information:
1055 (a) The name and address of the school or training facility
1056 and, if the applicant is an individual, her or his name,
1057 address, and social security or alien registration number.
1058 (b) The street address of the place at which the training
1059 is to be conducted.
1060 (c) A copy of the training curriculum and final examination
1061 to be administered.
1062 Section 24. Subsections (7) and (8) of section 493.6401,
1063 Florida Statutes, are amended to read:
1064 493.6401 Classes of licenses.—
1065 (7) Any person who operates a recovery agent repossessor
1066 school or training facility or who conducts an Internet-based
1067 training course or a correspondence training course must have a
1068 Class “RS” license.
1069 (8) Any individual who teaches or instructs at a Class “RS”
1070 recovery agent repossessor school or training facility shall
1071 have a Class “RI” license.
1072 Section 25. Paragraphs (f) and (g) of subsection (1) and
1073 subsection (3) of section 493.6402, Florida Statutes, are
1074 amended to read:
1075 493.6402 Fees.—
1076 (1) The department shall establish by rule biennial license
1077 fees which shall not exceed the following:
1078 (f) Class “RS” license—recovery agent repossessor school or
1079 training facility: $60.
1080 (g) Class “RI” license—recovery agent repossessor school or
1081 training facility instructor: $60.
1082 (3) The fees set forth in this section must be paid by
1083 certified check or money order, or, at the discretion of the
1084 department, by agency check at the time the application is
1085 approved, except that the applicant for a Class “E,” Class “EE,”
1086 or Class “MR” license must pay the license fee at the time the
1087 application is made. If a license is revoked or denied, or if an
1088 application is withdrawn, the license fee shall not be refunded.
1089 Section 26. Subsections (1) and (2) of section 493.6406,
1090 Florida Statutes, are amended to read:
1091 493.6406 Recovery agent Repossession services school or
1092 training facility.—
1093 (1) Any school, training facility, or instructor who offers
1094 the training outlined in s. 493.6403(2) for Class “E” or Class
1095 “EE” applicants shall, before licensure of such school, training
1096 facility, or instructor, file with the department an application
1097 accompanied by an application fee in an amount to be determined
1098 by rule, not to exceed $60. The fee shall not be refundable.
1099 This training may be offered as face-to-face training, Internet
1100 based training, or correspondence training.
1101 (2) The application shall be signed and verified by the
1102 applicant under oath as provided in s. 92.525 notarized and
1103 shall contain, at a minimum, the following information:
1104 (a) The name and address of the school or training facility
1105 and, if the applicant is an individual, his or her name,
1106 address, and social security or alien registration number.
1107 (b) The street address of the place at which the training
1108 is to be conducted or the street address of the Class “RS”
1109 school offering Internet-based or correspondence training.
1110 (c) A copy of the training curriculum and final examination
1111 to be administered.
1112 Section 27. Paragraph (n) of subsection (1) of section
1113 500.03, Florida Statutes, is amended to read:
1114 500.03 Definitions; construction; applicability.—
1115 (1) For the purpose of this chapter, the term:
1116 (n) “Food establishment” means any factory, food outlet, or
1117 any other facility manufacturing, processing, packing, holding,
1118 or preparing food, or selling food at wholesale or retail. The
1119 term does not include any business or activity that is regulated
1120 under chapter 509 or chapter 601. The term includes tomato
1121 packinghouses and repackers but does not include any other
1122 establishments that pack fruits and vegetables in their raw or
1123 natural states, including those fruits or vegetables that are
1124 washed, colored, or otherwise treated in their unpeeled, natural
1125 form before they are marketed.
1126 Section 28. Section 500.70, Florida Statutes, is created to
1127 read:
1128 500.70 Tomato food safety standards; inspections;
1129 penalties; tomato good agricultural practices; tomato best
1130 management practices.—
1131 (1) As used in this section, the term:
1132 (a) “Field packing” means the packing of tomatoes on a
1133 tomato farm or in a tomato greenhouse into containers for sale
1134 for human consumption without transporting the tomatoes to a
1135 packinghouse.
1136 (b) “Packing” or “repacking” means the packing of tomatoes
1137 into containers for sale for human consumption. The term
1138 includes the sorting or separating of tomatoes into grades and
1139 sizes. The term also includes field packing.
1140 (c) “Producing” means the planting, growing, or cultivating
1141 of tomatoes on a tomato farm or in a tomato greenhouse for sale
1142 for human consumption.
1143 (2) The department may adopt rules establishing food safety
1144 standards to safeguard the public health and promote the public
1145 welfare by protecting the consuming public from injury caused by
1146 the adulteration or the microbiological, chemical, or
1147 radiological contamination of tomatoes. The rules must be based
1148 on federal requirements, available scientific research,
1149 generally accepted industry practices, and recommendations of
1150 food safety professionals. The rules shall apply to the
1151 producing, harvesting, packing, and repacking of tomatoes for
1152 sale for human consumption by a tomato farm, tomato greenhouse,
1153 or tomato packinghouse or repacker in this state. The rules may
1154 include, but are not limited to, standards for:
1155 (a) Registration with the department of a person who
1156 produces, harvests, packs, or repacks tomatoes in this state who
1157 does not hold a food permit issued under s. 500.12.
1158 (b) Proximity of domestic animals and livestock to the
1159 production areas for tomatoes.
1160 (c) Food safety related use of water for irrigation during
1161 production and washing of tomatoes after harvest.
1162 (d) Use of fertilizers.
1163 (e) Cleaning and sanitation of containers, materials,
1164 equipment, vehicles, and facilities, including storage and
1165 ripening areas.
1166 (f) Health, hygiene, and sanitation of employees who handle
1167 tomatoes.
1168 (g) Training and continuing education of a person who
1169 produces, harvests, packs, or repacks tomatoes in this state,
1170 and the person’s employees who handle tomatoes.
1171 (h) Labeling and recordkeeping, including standards for
1172 identifying and tracing tomatoes for sale for human consumption.
1173 (3)(a) The department may inspect tomato farms, tomato
1174 greenhouses, tomato packinghouses, repacking locations, or any
1175 vehicle being used to transport or hold tomatoes to ensure
1176 compliance with the applicable provisions of this chapter, and
1177 the rules adopted under this chapter.
1178 (b) The department may impose an administrative fine not to
1179 exceed $5,000 per violation, or issue a written notice or
1180 warning under s. 500.179, against a person who violates any
1181 applicable provision of this section, or any rule adopted under
1182 this section.
1183 (4)(a) The department may adopt rules establishing tomato
1184 good agricultural practices and tomato best management practices
1185 for the state’s tomato industry based on applicable federal
1186 requirements, available scientific research, generally accepted
1187 industry practices, and recommendations of food safety
1188 professionals.
1189 (b) A person who documents compliance with the department’s
1190 rules, tomato good agricultural practices, and tomato best
1191 management practices is presumed to introduce tomatoes into the
1192 stream of commerce that are safe for human consumption, unless
1193 the department identifies noncompliance through inspections.
1194 (5) The following are exempt from subsections (2) and (4):
1195 (a) Tomatoes sold by the grower to a consumer on the
1196 premises on which they are grown in an amount that does not
1197 exceed two 25 lb. boxes per customer.
1198 (b) Tomatoes sold by the grower at a local farmers market,
1199 in an amount that does not exceed two 25 lb. boxes per customer.
1200 (6) The department may adopt rules pursuant to ss.
1201 120.536(1) and 120.54 to administer this section.
1202 Section 29. Paragraph (a) of subsection (2) of section
1203 501.605, Florida Statutes, is amended to read:
1204 501.605 Licensure of commercial telephone sellers.—
1205 (2) An applicant for a license as a commercial telephone
1206 seller must submit to the department, in such form as it
1207 prescribes, a written application for the license. The
1208 application must set forth the following information:
1209 (a) The true name, date of birth, driver’s license number,
1210 social security number, and home address of the applicant,
1211 including each name under which he or she intends to do
1212 business.
1213
1214 The application shall be accompanied by a copy of any: Script,
1215 outline, or presentation the applicant will require or suggest a
1216 salesperson to use when soliciting, or, if no such document is
1217 used, a statement to that effect; sales information or
1218 literature to be provided by the applicant to a salesperson; and
1219 sales information or literature to be provided by the applicant
1220 to a purchaser in connection with any solicitation.
1221 Section 30. Paragraph (a) of subsection (1) of section
1222 501.607, Florida Statutes, is amended to read:
1223 501.607 Licensure of salespersons.—
1224 (1) An applicant for a license as a salesperson must submit
1225 to the department, in such form as it prescribes, a written
1226 application for a license. The application must set forth the
1227 following information:
1228 (a) The true name, date of birth, driver’s license number,
1229 social security number, and home address of the applicant.
1230 Section 31. Subsection (2) of section 501.913, Florida
1231 Statutes, is amended to read:
1232 501.913 Registration.—
1233 (2) The completed application shall be accompanied by:
1234 (a) Specimens or facsimiles of the label for each brand of
1235 antifreeze;
1236 (b) An application fee of $200 for each brand; and
1237 (c) A properly labeled sample of at least 1 gallon, but not
1238 more than 2 gallons, of each brand of antifreeze.
1239 Section 32. Subsection (2) of section 525.01, Florida
1240 Statutes, is amended to read:
1241 525.01 Gasoline and oil to be inspected.—
1242 (2) All petroleum fuels are shall be subject to inspection
1243 and analysis by the department. Before selling or offering for
1244 sale in this state any petroleum fuel, all manufacturers,
1245 terminal suppliers, wholesalers, and importers as defined in s.
1246 206.01 jobbers shall file with the department:
1247 (a) An affidavit that they desire to do business in this
1248 state, and the name and address of the manufacturer of the
1249 petroleum fuel.
1250 (b) An affidavit stating that the petroleum fuel is in
1251 conformity with the standards prescribed by department rule.
1252 Section 33. Subsections (1) and (3) of section 525.09,
1253 Florida Statutes, are amended to read:
1254 525.09 Inspection fee.—
1255 (1) For the purpose of defraying the expenses incident to
1256 inspecting, testing, and analyzing petroleum fuels in this
1257 state, there shall be paid to the department a charge of one
1258 eighth cent per gallon on all gasoline, alternative fuel
1259 containing alcohol as defined in s. 525.01(1)(c)1. or 2.,
1260 kerosene (except when used as aviation turbine fuel), and #1
1261 fuel oil for sale or use in this state. This inspection fee
1262 shall be imposed in the same manner as the motor fuel tax
1263 pursuant to s. 206.41. Payment shall be made on or before the
1264 25th day of each month.
1265 (3) All remittances to the department for the inspection
1266 tax herein provided shall be accompanied by a detailed report
1267 under oath showing the number of gallons of gasoline,
1268 alternative fuel containing alcohol, as defined in s.
1269 525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered
1270 in each county.
1271 Section 34. Section 526.50, Florida Statutes, is amended to
1272 read:
1273 526.50 Definition of terms.—As used in this part:
1274 (1) “Brake fluid” means the fluid intended for use as the
1275 liquid medium through which force is transmitted in the
1276 hydraulic brake system of a vehicle operated upon the highways.
1277 (2) “Brand” means the product name appearing on the label
1278 of a container of brake fluid.
1279 (3)(5) “Container” means any receptacle in which brake
1280 fluid is immediately contained when sold, but does not mean a
1281 carton or wrapping in which a number of such receptacles are
1282 shipped or stored or a tank car or truck.
1283 (4)(2) “Department” means the Department of Agriculture and
1284 Consumer Services.
1285 (5) “Formula” means the name of the chemical mixture or
1286 composition of the brake fluid product.
1287 (6)(4) “Labeling” includes all written, printed or graphic
1288 representations, in any form whatsoever, imprinted upon or
1289 affixed to any container of brake fluid.
1290 (7)(6) “Permit year” means a period of 12 months commencing
1291 July 1 and ending on the next succeeding June 30.
1292 (8)(7) “Registrant” means any manufacturer, packer,
1293 distributor, seller, or other person who has registered a brake
1294 fluid with the department.
1295 (9)(3) “Sell” includes give, distribute, barter, exchange,
1296 trade, keep for sale, offer for sale or expose for sale, in any
1297 of their variant forms.
1298 Section 35. Section 526.51, Florida Statutes, is amended to
1299 read:
1300 526.51 Registration; renewal and fees; departmental
1301 expenses; cancellation or refusal to issue or renew.—
1302 (1)(a) Application for registration of each brand of brake
1303 fluid shall be made on forms to be supplied by the department.
1304 The applicant shall give his or her name and address and the
1305 brand name of the brake fluid, state that he or she owns the
1306 brand name and has complete control over the product sold
1307 thereunder in Florida, and provide the name and address of the
1308 resident agent in Florida. If the applicant does not own the
1309 brand name but wishes to register the product with the
1310 department, a notarized affidavit that gives the applicant full
1311 authorization to register the brand name and that is signed by
1312 the owner of the brand name must accompany the application for
1313 registration. The affidavit must include all affected brand
1314 names, the owner’s company or corporate name and address, the
1315 applicant’s company or corporate name and address, and a
1316 statement from the owner authorizing the applicant to register
1317 the product with the department. The owner of the brand name
1318 shall maintain complete control over each product sold under
1319 that brand name in this state. All first-time brand-formula
1320 combination new product applications must be accompanied by a
1321 certified report from an independent testing laboratory, setting
1322 forth the analysis of the brake fluid which shall show its
1323 quality to be not less than the specifications established by
1324 the department for brake fluids. A sample of not less than 24
1325 fluid ounces of brake fluid shall be submitted, in a container
1326 or containers, with labels representing exactly how the
1327 containers of brake fluid will be labeled when sold, and the
1328 sample and container shall be analyzed and inspected by the
1329 Division of Standards in order that compliance with the
1330 department’s specifications and labeling requirements may be
1331 verified. Upon approval of the application, the department shall
1332 register the brand name of the brake fluid and issue to the
1333 applicant a permit authorizing the registrant to sell the brake
1334 fluid in this state during the permit year specified in the
1335 permit.
1336 (b) Each applicant shall pay a fee of $100 with each
1337 application. An applicant seeking reregistration of a previously
1338 registered brand-formula combination must submit a completed
1339 application and all materials required under this subsection to
1340 the department before the first day of the permit year. A brand
1341 formula combination for which a completed application and all
1342 materials required under this subsection are not received before
1343 the first day of the permit year ceases to be registered with
1344 the department until a completed application and all materials
1345 required under this subsection are received and approved. Any
1346 fee, application, or materials received after the first day of
1347 the permit year, if the brand-formula combination was previously
1348 registered with the department, A permit may be renewed by
1349 application to the department, accompanied by a renewal fee of
1350 $50 on or before the last day of the permit year immediately
1351 preceding the permit year for which application is made for
1352 renewal of registration. To any fee not paid when due, there
1353 shall accrue a penalty of $25, which shall be added to the
1354 renewal fee. Renewals will be accepted only on brake fluids that
1355 have no change in formula, composition, or brand name. Any
1356 change in formula, composition, or brand name of any brake fluid
1357 constitutes a new product that must be registered in accordance
1358 with this part.
1359 (2) All fees collected under the provisions of this section
1360 shall be credited to the General Inspection Trust Fund of the
1361 department and all expenses incurred in the enforcement of this
1362 part shall be paid from said fund.
1363 (3) The department may cancel or, refuse to issue or refuse
1364 to renew any registration and permit after due notice and
1365 opportunity to be heard if it finds that the brake fluid is
1366 adulterated or misbranded or that the registrant has failed to
1367 comply with the provisions of this part or the rules and
1368 regulations promulgated thereunder.
1369 Section 36. Paragraph (a) of subsection (3) of section
1370 526.52, Florida Statutes, is amended to read:
1371 526.52 Specifications; adulteration and misbranding.—
1372 (3) Brake fluid is deemed to be misbranded:
1373 (a) If its container does not bear on its side or top a
1374 label on which is printed the name and place of business of the
1375 registrant of the product, the words “brake fluid,” and a
1376 statement that the product therein equals or exceeds the minimum
1377 specification of the Society of Automotive Engineers for heavy
1378 duty-type brake fluid or equals or exceeds Federal Motor Vehicle
1379 Safety Standard No. 116 adopted by the United States Department
1380 of Transportation, heavy-duty-type. By regulation the department
1381 may require that the duty-type classification appear on the
1382 label.
1383 Section 37. Subsection (2) of section 526.53, Florida
1384 Statutes, is amended to read:
1385 526.53 Enforcement; inspection and analysis, stop-sale and
1386 disposition, regulations.—
1387 (2)(a) When any brake fluid is sold in violation of any of
1388 the provisions of this part, all such affected brake fluid of
1389 the same brand name on the same premises on which the violation
1390 occurred shall be placed under a stop-sale order by the
1391 department by serving the owner of the brand name, distributor,
1392 or other entity responsible for selling or distributing the
1393 product in the state with the stop-sale order. The department
1394 shall withdraw its stop-sale order upon the removal of the
1395 violation or upon voluntary destruction of the product, or other
1396 disposal approved by the department, under the supervision of
1397 the department.
1398 (b) In addition to being subject to the stop-sale
1399 procedures above, unregistered brake fluid shall be held by the
1400 department or its representative, at a place to be designated in
1401 the stop-sale order, until properly registered and released in
1402 writing by the department or its representative. If application
1403 is has not been made for registration of the such product within
1404 30 days after issue of the stop-sale order, such product shall
1405 be disposed of by the department, or, with the department’s
1406 consent, by the business, to any tax-supported institution or
1407 agency of the state if the brake fluid meets legal
1408 specifications or by other disposal authorized by rule of the
1409 department if it fails to meet legal specifications.
1410 Section 38. Subsections (2) and (5) of section 527.02,
1411 Florida Statutes, are amended to read:
1412 527.02 License; penalty; fees.—
1413 (2) Each business location of a person having multiple
1414 locations shall be separately licensed and must meet the
1415 requirements of this section. Such license shall be granted to
1416 any applicant determined by the department to be competent,
1417 qualified, and trustworthy who files with the department a
1418 surety bond, insurance affidavit, or other proof of insurance,
1419 as hereinafter specified, and pays for such license the
1420 following original application fee for new licenses and annual
1421 renewal fees for existing licenses:
1422 License Category OriginalApplication Fee RenewalFee
1423 Category I liquefiedpetroleum gas dealer . . . . . . . . . . . . $600 $525 $500 $425
1424 Category II liquefiedpetroleum gas dispenser . . . . . . . . . . . . 525 425 375
1425 Category III liquefiedpetroleum gas cylinderexchange unit operator . . . . . . . . . . . . 125 100 75 65
1426 Category IV liquefiedpetroleum gas dispenser andrecreational vehicle servicer . . . . . . . . . . . . 525 425 400
1427 Category V liquefiedpetroleum petroleum gases dealer for industrialuses only . . . . . . . . . . . . 350 300 275 200
1428 LP gas installer . . . . . . . . . . . . 400 300 300 200
1429 Specialty installer . . . . . . . . . . . . 300 250 200
1430 Dealer in appliances and equipment foruse of liquefied petroleum gas . . . . . . . . . . . . 50 45
1431 Manufacturer of liquefied petroleumgas appliances and equipment . . . . . . . . . . . . 525 425 375
1432 Requalifier of cylinders . . . . . . . . . . . . 525 425 375
1433 fabricator, repairer, and tester ofvehicles and cargo tanks . . . . . . . . . . . . 525 425 375
1434
1435 (5) The license fee for a pipeline system operator shall be
1436 $350 $100 per system owned or operated by the person, not to
1437 exceed $400 per license year. Such license fee applies only to a
1438 pipeline system operator who owns or operates a liquefied
1439 petroleum gas pipeline system that is used to transmit liquefied
1440 petroleum gas from a common source to the ultimate customer and
1441 that serves 10 or more customers. The license shall be renewed
1442 each year at a fee of $275 per year.
1443 Section 39. Subsections (1) and (3) and paragraphs (a) and
1444 (c) of subsection (5) of section 527.0201, Florida Statutes, are
1445 amended to read:
1446 527.0201 Qualifiers; master qualifiers; examinations.—
1447 (1) In addition to the requirements of s. 527.02, any
1448 person applying for a license to engage in the activities of a
1449 pipeline system operator, category I liquefied petroleum gas
1450 dealer, category II liquefied petroleum gas dispenser, category
1451 IV liquefied petroleum gas dispenser and recreational vehicle
1452 servicer, category V liquefied petroleum gases dealer for
1453 industrial uses only, LP gas installer, specialty installer,
1454 requalifier requalification of cylinders, or fabricator,
1455 repairer, and tester of vehicles and cargo tanks must prove
1456 competency by passing a written examination administered by the
1457 department or its agent with a grade of at least 75 percent in
1458 each area tested or above. Each applicant for examination shall
1459 submit a $30 $20 nonrefundable fee. The department shall by rule
1460 specify the general areas of competency to be covered by each
1461 examination and the relative weight to be assigned in grading
1462 each area tested.
1463 (3) Qualifier cards issued to category I liquefied
1464 petroleum gas dealers and liquefied petroleum gas installers
1465 shall expire 3 years after the date of issuance. All category I
1466 liquefied petroleum gas dealer qualifiers and liquefied
1467 petroleum gas installer qualifiers holding a valid qualifier
1468 card upon the effective date of this act shall retain their
1469 qualifier status until July 1, 2003, and may sit for the master
1470 qualifier examination at any time during that time period. All
1471 such category I liquefied petroleum gas dealer qualifiers and
1472 liquefied petroleum gas installer qualifiers may renew their
1473 qualification on or before July 1, 2003, upon application to the
1474 department, payment of a $20 renewal fee, and documentation of
1475 the completion of a minimum of 16 12 hours of approved
1476 continuing education courses, as defined by department rule,
1477 during the previous 3-year period. Applications for renewal must
1478 be made 30 calendar days prior to expiration. Persons failing to
1479 renew prior to the expiration date must reapply and take a
1480 qualifier competency examination in order to reestablish
1481 category I liquefied petroleum gas dealer qualifier and
1482 liquefied petroleum gas installer qualifier status. If a
1483 category I liquefied petroleum gas qualifier or liquefied
1484 petroleum gas installer qualifier becomes a master qualifier at
1485 any time during the effective date of the qualifier card, the
1486 card shall remain in effect until expiration of the master
1487 qualifier certification.
1488 (5) In addition to all other licensing requirements, each
1489 category I liquefied petroleum gas dealer and liquefied
1490 petroleum gas installer must, at the time of application for
1491 licensure, identify to the department one master qualifier who
1492 is a full-time employee at the licensed location. This person
1493 shall be a manager, owner, or otherwise primarily responsible
1494 for overseeing the operations of the licensed location and must
1495 provide documentation to the department as provided by rule. The
1496 master qualifier requirement shall be in addition to the
1497 requirements of subsection (1).
1498 (a) In order to apply for certification as a master
1499 qualifier, each applicant must be a category I liquefied
1500 petroleum gas dealer qualifier or liquefied petroleum gas
1501 installer qualifier, must be employed by a licensed category I
1502 liquefied petroleum gas dealer, liquefied petroleum gas
1503 installer, or applicant for such license, must provide
1504 documentation of a minimum of 1 year’s work experience in the
1505 gas industry, and must pass a master qualifier competency
1506 examination. Master qualifier examinations shall be based on
1507 Florida’s laws, rules, and adopted codes governing liquefied
1508 petroleum gas safety, general industry safety standards, and
1509 administrative procedures. The examination must be successfully
1510 passed completed by the applicant with a grade of at least 75
1511 percent or more. Each applicant for master qualifier status
1512 shall submit to the department a nonrefundable $50 $30
1513 examination fee prior to the examination.
1514 (c) Master qualifier status shall expire 3 years after the
1515 date of issuance of the certificate and may be renewed by
1516 submission to the department of documentation of completion of
1517 at least 16 12 hours of approved continuing education courses
1518 during the 3-year period; proof of employment with a licensed
1519 category I liquefied petroleum gas dealer, liquefied petroleum
1520 gas installer, or applicant; and a $30 certificate renewal fee.
1521 The department shall define, by rule, approved courses of
1522 continuing education.
1523 Section 40. Subsection (4) of section 527.021, Florida
1524 Statutes, is amended to read:
1525 527.021 Registration of transport vehicles.—
1526 (4) An inspection fee of $75 $50 shall be assessed for each
1527 registered vehicle inspected by the department pursuant to s.
1528 527.061. Registered vehicles shall be inspected annually. All
1529 inspection fees collected in connection with this section shall
1530 be deposited in the General Inspection Trust Fund for the
1531 purpose of administering the provisions of this chapter.
1532 Section 41. Section 527.12, Florida Statutes, is amended to
1533 read:
1534 527.12 Cease and desist orders; stop-use orders; stop
1535 operation orders; stop-sale orders; administrative fines.—
1536 (1) Whenever the department has shall have reason to
1537 believe that any person is violating or has violated been
1538 violating provisions of this chapter or any rules adopted under
1539 this chapter pursuant thereto, the department it may issue a
1540 cease and desist order, or impose a civil penalty, or do both
1541 may issue such cease and desist order and impose a civil
1542 penalty.
1543 (2) Whenever a person or liquefied petroleum gas system or
1544 storage facility, or any part or component thereof, fails to
1545 comply with this chapter or any rules adopted under this
1546 chapter, the department may issue a stop-use order, stop
1547 operation order, or stop-sale order.
1548 Section 42. Subsection (1) of section 559.805, Florida
1549 Statutes, is amended to read:
1550 559.805 Filings with the department; disclosure of
1551 advertisement identification number.—
1552 (1) Every seller of a business opportunity shall annually
1553 file with the department a copy of the disclosure statement
1554 required by s. 559.803 before prior to placing an advertisement
1555 or making any other representation designed to offer to, sell
1556 to, or solicit an offer to buy a business opportunity from a
1557 prospective purchaser in this state and shall update this filing
1558 by reporting any material change in the required information
1559 within 30 days after the material change occurs. An
1560 advertisement is not placed in the state merely because the
1561 publisher circulates, or there is circulated on his or her
1562 behalf in the state, any bona fide newspaper or other
1563 publication of general, regular, and paid circulation which has
1564 had more than two-thirds of its circulation during the past 12
1565 months outside the state or because a radio or television
1566 program originating outside the state is received in the state.
1567 If the seller is required by s. 559.807 to provide a bond or
1568 establish a trust account or guaranteed letter of credit, he or
1569 she shall contemporaneously file with the department a copy of
1570 the bond, a copy of the formal notification by the depository
1571 that the trust account is established, or a copy of the
1572 guaranteed letter of credit. Every seller of a business
1573 opportunity shall file with the department a list of independent
1574 agents who will engage in the offer or sale of business
1575 opportunities on behalf of the seller in this state. This list
1576 must be kept current and shall include the following
1577 information: name, home and business address, telephone number,
1578 present employer, social security number, and birth date. A No
1579 person may not shall be allowed to offer or sell business
1580 opportunities unless the required information is has been
1581 provided to the department.
1582 Section 43. Subsection (3) of section 559.928, Florida
1583 Statutes, is amended to read:
1584 559.928 Registration.—
1585 (3) Each independent agent shall annually file an affidavit
1586 with the department before prior to engaging in business in this
1587 state. This affidavit must include the independent agent’s full
1588 name, legal business or trade name, mailing address, business
1589 address, telephone number, social security number, and the name
1590 or names and addresses of each seller of travel represented by
1591 the independent agent. A letter evidencing proof of filing must
1592 be issued by the department and must be prominently displayed in
1593 the independent agent’s primary place of business. Each
1594 independent agent must also submit an annual registration fee of
1595 $50. All moneys collected pursuant to the imposition of the fee
1596 shall be deposited by the Chief Financial Officer into the
1597 General Inspection Trust Fund of the Department of Agriculture
1598 and Consumer Services for the sole purpose of administrating
1599 this part. As used in this subsection, the term “independent
1600 agent” means a person who represents a seller of travel by
1601 soliciting persons on its behalf; who has a written contract
1602 with a seller of travel which is operating in compliance with
1603 this part and any rules adopted thereunder; who does not receive
1604 a fee, commission, or other valuable consideration directly from
1605 the purchaser for the seller of travel; who does not at any time
1606 have any unissued ticket stock or travel documents in his or her
1607 possession; and who does not have the ability to issue tickets,
1608 vacation certificates, or any other travel document. The term
1609 “independent agent” does not include an affiliate of the seller
1610 of travel, as that term is used in s. 559.935(3), or the
1611 employees of the seller of travel or of such affiliates.
1612 Section 44. Subsection (10) of section 570.07, Florida
1613 Statutes, is amended to read:
1614 570.07 Department of Agriculture and Consumer Services;
1615 functions, powers, and duties.—The department shall have and
1616 exercise the following functions, powers, and duties:
1617 (10) To act as adviser to producers and distributors, when
1618 requested, and to assist them in the economical and efficient
1619 distribution of their agricultural products, and to encourage
1620 cooperative effort among producers to gain economical and
1621 efficient production of agricultural products, and to adopt
1622 rules establishing comprehensive best management practices for
1623 agricultural production and food safety.
1624 Section 45. Subsection (7) of section 570.0725, Florida
1625 Statutes, is amended to read:
1626 570.0725 Food recovery; legislative intent; department
1627 functions.—
1628 (7) For public information purposes, the department may
1629 shall develop and provide a public information brochure
1630 detailing the need for food banks and similar of food recovery
1631 programs, the benefit of such food recovery programs, the manner
1632 in which such organizations may become involved in such food
1633 recovery programs, and the protection afforded to such programs
1634 under s. 768.136, and the food recovery entities or food banks
1635 that exist in the state. This brochure must be updated annually.
1636 A food bank or similar food recovery organization seeking to be
1637 included on a list of such organizations must notify the
1638 department and provide the information required by rule of the
1639 department. Such organizations are responsible for updating the
1640 information and providing the updated information to the
1641 department. The department may adopt rules to implement this
1642 section.
1643 Section 46. Paragraph (e) of subsection (2) of section
1644 570.48, Florida Statutes, is amended to read:
1645 570.48 Division of Fruit and Vegetables; powers and duties;
1646 records.—The duties of the Division of Fruit and Vegetables
1647 include, but are not limited to:
1648 (2)
1649 (e) Performing tomato food safety inspections under s.
1650 500.70 on tomato farms, in tomato greenhouses, and in tomato
1651 packinghouses and repackers.
1652 Section 47. Paragraph (e) of subsection (6) of section
1653 570.53, Florida Statutes, is amended to read:
1654 570.53 Division of Marketing and Development; powers and
1655 duties.—The powers and duties of the Division of Marketing and
1656 Development include, but are not limited to:
1657 (6)
1658 (e) Extending in every practicable way the distribution and
1659 sale of Florida agricultural products throughout the markets of
1660 the world as required of the department by s. ss. 570.07(7),
1661 (8), (10), and (11) and 570.071 and chapters 571, 573, and 574.
1662 Section 48. Subsection (2) of section 570.54, Florida
1663 Statutes, is amended to read:
1664 570.54 Director; duties.—
1665 (2) It shall be the duty of the director of this division
1666 to supervise, direct, and coordinate the activities authorized
1667 by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and
1668 (20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and
1669 chapters 504, 571, 573, and 574 and to exercise other powers and
1670 authority as authorized by the department.
1671 Section 49. Subsection (4) of section 570.55, Florida
1672 Statutes, is amended to read:
1673 570.55 Identification of sellers or handlers of tropical or
1674 subtropical fruit and vegetables; containers specified;
1675 penalties.—
1676 (4) IDENTIFICATION OF HANDLER.—At the time of each
1677 transaction involving the handling or sale of 55 pounds or more
1678 of tropical or subtropical fruit or vegetables in the primary
1679 channel of trade, the buyer or receiver of the tropical or
1680 subtropical fruit or vegetables shall demand a bill of sale,
1681 invoice, sales memorandum, or other document listing the date of
1682 the transaction, the quantity of the tropical or subtropical
1683 fruit or vegetables involved in the transaction, and the
1684 identification of the seller or handler as it appears on the
1685 driver’s license of the seller or handler, including the
1686 driver’s license number. If the seller or handler does not
1687 possess a driver’s license, the buyer or receiver shall use any
1688 other acceptable means of identification, which may include, but
1689 is not limited to, i.e., voter’s registration card and number,
1690 draft card, social security card, or other identification.
1691 However, no less than two identification documents shall be
1692 used. The identification of the seller or handler shall be
1693 recorded on the bill of sale, sales memorandum, invoice, or
1694 voucher, which shall be retained by the buyer or receiver for a
1695 period of not less than 1 year from the date of the transaction.
1696 Section 50. Subsection (3) of section 570.902, Florida
1697 Statutes, is amended to read:
1698 570.902 Definitions; ss. 570.902 and 570.903.—For the
1699 purpose of ss. 570.902 and 570.903:
1700 (3) “Museum” means the Florida Agricultural Museum which is
1701 designated as the museum for agriculture and rural history of
1702 the State of Florida.
1703 Section 51. Section 570.903, Florida Statutes, is amended
1704 to read:
1705 570.903 Direct-support organization.—
1706 (1) When the Legislature authorizes the establishment of a
1707 direct-support organization to provide assistance for the
1708 museums, the Florida Agriculture in the Classroom Program, the
1709 Florida State Collection of Arthropods, the Friends of the
1710 Florida State Forests Program of the Division of Forestry, and
1711 the Forestry Arson Alert Program, and other programs of the
1712 department, the following provisions shall govern the creation,
1713 use, powers, and duties of the direct-support organization.
1714 (a) The department shall enter into a memorandum or letter
1715 of agreement with the direct-support organization, which shall
1716 specify the approval of the department, the powers and duties of
1717 the direct-support organization, and rules with which the
1718 direct-support organization shall comply.
1719 (b) The department may permit, without charge, appropriate
1720 use of property, facilities, and personnel of the department by
1721 a direct-support organization, subject to the provisions of ss.
1722 570.902 and 570.903. The use shall be directly in keeping with
1723 the approved purposes of the direct-support organization and
1724 shall not be made at times or places that would unreasonably
1725 interfere with opportunities for the general public to use
1726 department facilities for established purposes.
1727 (c) The department shall prescribe by contract or by rule
1728 conditions with which a direct-support organization shall comply
1729 in order to use property, facilities, or personnel of the
1730 department or museum. Such rules shall provide for budget and
1731 audit review and oversight by the department.
1732 (d) The department shall not permit the use of property,
1733 facilities, or personnel of the museum, department, or
1734 designated program by a direct-support organization which does
1735 not provide equal employment opportunities to all persons
1736 regardless of race, color, religion, sex, age, or national
1737 origin.
1738 (2)(a) The direct-support organization shall be empowered
1739 to conduct programs and activities; raise funds; request and
1740 receive grants, gifts, and bequests of money; acquire, receive,
1741 hold, invest, and administer, in its own name, securities,
1742 funds, objects of value, or other property, real or personal;
1743 and make expenditures to or for the direct or indirect benefit
1744 of the museum or designated program.
1745 (b) Notwithstanding the provisions of s. 287.057, the
1746 direct-support organization may enter into contracts or
1747 agreements with or without competitive bidding for the
1748 restoration of objects, historical buildings, and other
1749 historical materials or for the purchase of objects, historical
1750 buildings, and other historical materials which are to be added
1751 to the collections of the museum, or benefit of the designated
1752 program. However, before the direct-support organization may
1753 enter into a contract or agreement without competitive bidding,
1754 the direct-support organization shall file a certification of
1755 conditions and circumstances with the internal auditor of the
1756 department justifying each contract or agreement.
1757 (c) Notwithstanding the provisions of s. 287.025(1)(e), the
1758 direct-support organization may enter into contracts to insure
1759 property of the museum or designated programs and may insure
1760 objects or collections on loan from others in satisfying
1761 security terms of the lender.
1762 (3) The direct-support organization shall provide for an
1763 annual financial audit in accordance with s. 215.981.
1764 (4) Neither a designated program or a museum, nor a
1765 nonprofit corporation trustee or employee may:
1766 (a) Receive a commission, fee, or financial benefit in
1767 connection with the sale or exchange of property historical
1768 objects or properties to the direct-support organization, the
1769 museum, or the designated program; or
1770 (b) Be a business associate of any individual, firm, or
1771 organization involved in the sale or exchange of property to the
1772 direct-support organization, the museum, or the designated
1773 program.
1774 (5) All moneys received by the direct-support organization
1775 shall be deposited into an account of the direct-support
1776 organization and shall be used by the organization in a manner
1777 consistent with the goals of the museum or designated program.
1778 (6) The identity of a donor or prospective donor who
1779 desires to remain anonymous and all information identifying such
1780 donor or prospective donor are confidential and exempt from the
1781 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1782 Constitution.
1783 (7) The Commissioner of Agriculture, or the commissioner’s
1784 designee, may serve on the board of trustees and the executive
1785 committee of any direct-support organization established to
1786 benefit the museum or any designated program.
1787 (8) The department shall establish by rule archival
1788 procedures relating to museum artifacts and records. The rules
1789 shall provide procedures which protect the museum’s artifacts
1790 and records equivalent to those procedures which have been
1791 established by the Department of State under chapters 257 and
1792 267.
1793 Section 52. Subsection (4) of section 573.118, Florida
1794 Statutes, is amended to read:
1795 573.118 Assessment; funds; audit; loans.—
1796 (4) In the event of levying and collecting of assessments,
1797 for each fiscal year in which assessment funds are received by
1798 the department, the department shall maintain records of
1799 collections and expenditures for each marketing order separately
1800 within the state’s accounting system. If requested by an
1801 advisory council, department staff shall cause to be made a
1802 thorough annual audit of the books and accounts by a certified
1803 public accountant, such audit to be completed within 60 days
1804 after the request has been received end of the fiscal year. The
1805 advisory council department and all producers and handlers
1806 covered by the marketing order shall be provided a copy of the
1807 properly advised of the details of the annual official audit of
1808 the accounts as shown by the certified public accountant within
1809 30 days after of the completion of the audit.
1810 Section 53. Subsections (18) through (30) of section
1811 581.011, Florida Statutes, are renumbered as subsections (17)
1812 through (29), respectively, and present subsections (17) and
1813 (20) of that section are amended to read:
1814 581.011 Definitions.—As used in this chapter:
1815 (17) “Museum” means the Florida State Collection of
1816 Arthropods.
1817 (19)(20) “Nursery” means any grounds or premises on or in
1818 which nursery stock is grown, propagated, or held for sale or
1819 distribution, including except where aquatic plant species are
1820 tended for harvest in the natural environment.
1821 Section 54. Paragraph (d) of subsection (14) of section
1822 581.031, Florida Statutes, is amended to read:
1823 581.031 Department; powers and duties.—The department has
1824 the following powers and duties:
1825 (14)
1826 (d) To prescribe a fee for these services, if provided the
1827 fee does not exceed the cost of the services rendered. Annual
1828 citrus source tree registration fees shall not exceed $15 $5 per
1829 tree. If the fee has not been paid within 30 days of billing, a
1830 penalty of $10 or 20 percent of the unpaid balance, whichever is
1831 greater, shall be assessed.
1832 Section 55. Subsection (6) of section 581.131, Florida
1833 Statutes, is amended to read:
1834 581.131 Certificate of registration.—
1835 (6) Neither the certificate of registration fee nor the
1836 annual renewal fee shall exceed $600 $460. The department may
1837 exempt from the payment of a certificate fee those governmental
1838 agency nurseries whose nursery stock is used exclusively for
1839 planting on their own property.
1840 Section 56. Paragraph (a) of subsection (3) of section
1841 581.211, Florida Statutes, is amended to read:
1842 581.211 Penalties for violations.—
1843 (3)(a)1. In addition to any other provision of law, the
1844 department may, after notice and hearing, impose an
1845 administrative fine not exceeding $10,000 $5,000 for each
1846 violation of this chapter, upon any person, nurseryman, stock
1847 dealer, agent or plant broker. The fine, when paid, shall be
1848 deposited in the Plant Industry Trust Fund. In addition, the
1849 department may place the violator on probation for up to 1 year,
1850 with conditions.
1851 2. The imposition of a fine or probation pursuant to this
1852 subsection may be in addition to or in lieu of the suspension or
1853 revocation of a certificate of registration or certificate of
1854 inspection.
1855 Section 57. Section 583.13, Florida Statutes, is amended to
1856 read:
1857 583.13 Labeling and advertising requirements for dressed
1858 poultry; unlawful acts.—
1859 (1) It is unlawful for any dealer or broker to sell, offer
1860 for sale, or hold for the purpose of sale in the state any
1861 dressed or ready-to-cook poultry in bulk unless the such poultry
1862 is packed in a container clearly bearing a label, not less than
1863 3 inches by 5 inches, on which shall be plainly and legibly
1864 printed, in letters of not less than one-fourth inch 1/4 in
1865 height, the grade and the part name or whole-bird statement of
1866 such poultry. The grade may be expressed in the term “premium,”
1867 “good,” or “standard,” or as the grade of another state or
1868 federal agency the standards of quality of which, by law, are
1869 equal to the standards of quality provided by this law and rules
1870 promulgated hereunder.
1871 (2) It is unlawful to sell unpackaged dressed or ready-to
1872 cook poultry at retail unless such poultry is labeled by a
1873 placard immediately adjacent to the poultry or unless each bird
1874 is individually labeled to show the grade and the part name or
1875 whole-bird statement. The placard shall be no smaller than 7
1876 inches by 7 inches in size, and the required labeling
1877 information shall be legibly and plainly printed on the placard
1878 in letters not smaller than 1 inch in height.
1879 (3) It is unlawful to sell packaged dressed or ready-to
1880 cook poultry at retail unless such poultry is labeled to show
1881 the grade, the part name or whole-bird statement, the net weight
1882 of the poultry, and the name and address of the dealer. The size
1883 of the type on the label must be one-eighth inch or larger. A
1884 placard immediately adjacent to such poultry may be used to
1885 indicate the grade and the part name or whole-bird statement,
1886 but not the net weight of the poultry or the name and address of
1887 the dealer.
1888 (4) It is unlawful to use dressed or ready-to-cook poultry
1889 in bulk in the preparation of food served to the public, or to
1890 hold such poultry for the purpose of such use, unless the
1891 poultry when received was packed in a container clearly bearing
1892 a label, not less than 3 inches by 5 inches, on which was
1893 plainly and legibly printed, in letters not less than one-fourth
1894 inch in height, the grade and the part name or whole-bird
1895 statement of such poultry. The grade may be expressed in the
1896 term “premium,” “good,” or “standard,” or as the grade of
1897 another state or federal agency the standards of quality of
1898 which, by law, are equal to the standards of quality provided by
1899 this law and rules promulgated hereunder.
1900 (5) It is unlawful to offer dressed or ready-to-cook
1901 poultry for sale in any advertisement in a newspaper or
1902 circular, on radio or television, or in any other form of
1903 advertising without plainly designating in such advertisement
1904 the grade and the part name or whole-bird statement of such
1905 poultry.
1906 Section 58. Subsections (4) and (5) of section 590.125,
1907 Florida Statutes, are renumbered as subsections (5) and (6),
1908 respectively, subsection (1), paragraph (b) of subsection (3),
1909 and paragraph (c) of present subsection (4) are amended, and new
1910 subsections (4) and (7) are added to that section, to read:
1911 590.125 Open burning authorized by the division.—
1912 (1) DEFINITIONS.—As used in this section, the term:
1913 (a) “Certified pile burner” means an individual who
1914 successfully completes the division’s pile burning certification
1915 program and possesses a valid pile burner certification number.
1916 (b) “Certified prescribed burn manager” means an individual
1917 who successfully completes the certified prescribed burning
1918 certification program of the division and possesses a valid
1919 certification number.
1920 (c)(d) “Extinguished” means:
1921 1. that no spreading flame For wild land burning or
1922 certified prescribed burning, that no spreading flames exist.
1923 2. and no visible flame, smoke, or emissions For vegetative
1924 land-clearing debris burning or pile burning, that no visible
1925 flames exist.
1926 3. For vegetative land-clearing debris burning or pile
1927 burning in an area designated as smoke sensitive by the
1928 division, that no visible flames, smoke, or emissions exist.
1929 (d) “Land-clearing operation” means the uprooting or
1930 clearing of vegetation in connection with the construction of
1931 buildings and rights-of-way, land development, and mineral
1932 operations. The term does not include the clearing of yard
1933 trash.
1934 (e) “Pile burning” means the burning of silvicultural,
1935 agricultural, or land-clearing and tree-cutting debris
1936 originating onsite, which is stacked together in a round or
1937 linear fashion, including, but not limited to, a windrow.
1938 (f)(a) “Prescribed burning” means the controlled
1939 application of fire in accordance with a written prescription
1940 for vegetative fuels under specified environmental conditions
1941 while following appropriate precautionary measures that ensure
1942 that the fire is confined to a predetermined area to accomplish
1943 the planned fire or land-management objectives.
1944 (g)(c) “Prescription” means a written plan establishing the
1945 criteria necessary for starting, controlling, and extinguishing
1946 a prescribed burn.
1947 (h) “Yard trash” means vegetative matter resulting from
1948 landscaping and yard maintenance operations and other such
1949 routine property cleanup activities. The term includes materials
1950 such as leaves, shrub trimmings, grass clippings, brush, and
1951 palm fronds.
1952 (3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
1953 PURPOSE.—
1954 (b) Certified prescribed burning pertains only to broadcast
1955 burning for purposes of silviculture, wildlife management,
1956 ecological maintenance and restoration, and range and pasture
1957 management. It must be conducted in accordance with this
1958 subsection and:
1959 1. May be accomplished only when a certified prescribed
1960 burn manager is present on site with a copy of the prescription
1961 from ignition of the burn to its completion.
1962 2. Requires that a written prescription be prepared before
1963 receiving authorization to burn from the division.
1964 3. Requires that the specific consent of the landowner or
1965 his or her designee be obtained before requesting an
1966 authorization.
1967 4. Requires that an authorization to burn be obtained from
1968 the division before igniting the burn.
1969 5. Requires that there be adequate firebreaks at the burn
1970 site and sufficient personnel and firefighting equipment for the
1971 control of the fire.
1972 6. Is considered to be in the public interest and does not
1973 constitute a public or private nuisance when conducted under
1974 applicable state air pollution statutes and rules.
1975 7. Is considered to be a property right of the property
1976 owner if vegetative fuels are burned as required in this
1977 subsection.
1978 (4) CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND
1979 PURPOSE.—
1980 (a) Pile burning is a tool that benefits current and future
1981 generations in Florida by disposing of naturally occurring
1982 vegetative debris through burning rather than disposing of the
1983 debris in landfills.
1984 (b) Certified pile burning pertains to the disposal of
1985 piled, naturally occurring debris from an agricultural,
1986 silvicultural, or temporary land-clearing operation. A land
1987 clearing operation is temporary if it operates for 6 months or
1988 less. Certified pile burning must be conducted in accordance
1989 with this subsection, and:
1990 1. A certified pile burner must ensure, before ignition,
1991 that the piles are properly placed and that the content of the
1992 piles is conducive to efficient burning.
1993 2. A certified pile burner must ensure that the piles are
1994 properly extinguished no later than 1 hour after sunset. If the
1995 burn is conducted in an area designated by the division as smoke
1996 sensitive, a certified pile burner must ensure that the piles
1997 are properly extinguished at least 1 hour before sunset.
1998 3. A written pile burn plan must be prepared before
1999 receiving authorization from the division to burn.
2000 4. The specific consent of the landowner or his or her
2001 agent must be obtained before requesting authorization to burn.
2002 5. An authorization to burn must be obtained from the
2003 division or its designated agent before igniting the burn.
2004 6. There must be adequate firebreaks and sufficient
2005 personnel and firefighting equipment at the burn site to control
2006 the fire.
2007 (c) If a burn is conducted in accordance with this
2008 subsection, the property owner and his or her agent are not
2009 liable under s. 590.13 for damage or injury caused by the fire
2010 or resulting smoke, and are not in violation of subsection (2),
2011 unless gross negligence is proven.
2012 (d) A certified pile burner who violates this section
2013 commits a misdemeanor of the second degree, punishable as
2014 provided in s. 775.082 or s. 775.083.
2015 (e) The division shall adopt rules regulating certified
2016 pile burning. The rules shall include procedures and criteria
2017 for certifying and decertifying certified pile burn managers
2018 based on past experience, training, and record of compliance
2019 with this section.
2020 (5)(4) WILDFIRE HAZARD REDUCTION TREATMENT BY THE
2021 DIVISION.—The division may conduct fuel reduction initiatives,
2022 including, but not limited to, burning and mechanical and
2023 chemical treatment, on any area of wild land within the state
2024 which is reasonably determined to be in danger of wildfire in
2025 accordance with the following procedures:
2026 (c) Prepare, and send the county tax collector shall
2027 include with the annual tax statement, a notice to be sent to
2028 all landowners in each area township designated by the division
2029 as a wildfire hazard area. The notice must describe particularly
2030 the area to be treated and the tentative date or dates of the
2031 treatment and must list the reasons for and the expected
2032 benefits from the wildfire hazard reduction.
2033 (7) DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
2034 AUTHORIZATION PROGRAMS.—
2035 (a) A county or municipality may exercise the division’s
2036 authority, if delegated by the division under this subsection,
2037 to issue authorizations for the burning of yard trash or debris
2038 from land-clearing operations. A county’s or municipality’s
2039 existing or proposed open burning authorization program must:
2040 1. Be approved by the division. The division shall not
2041 approve a program if it fails to meet the requirements of
2042 subsections (2) and (4) and any rules adopted under those
2043 subsections.
2044 2. Provide by ordinance or local law the requirements for
2045 obtaining and performing a burn authorization that comply with
2046 subsections (2) and (4) and any rules adopted under those
2047 subsections.
2048 3. Provide for the enforcement of the program’s
2049 requirements.
2050 4. Provide financial, personnel, and other resources needed
2051 to carry out the program.
2052 (b) If the division determines that a county’s or
2053 municipality’s open burning authorization program does not
2054 comply with subsections (2) and (4) and any rules adopted under
2055 those subsections, the division shall require the county or
2056 municipality to take necessary corrective actions within a
2057 reasonable period, not to exceed 90 days.
2058 1. If the county or municipality fails to take the
2059 necessary corrective actions within the required period, the
2060 division shall resume administration of the open burning
2061 authorization program in the county or municipality and the
2062 county or municipality shall cease administration of its
2063 program.
2064 2. Each county and municipality administering an open
2065 burning authorization program must cooperate with and assist the
2066 division in carrying out the division’s powers, duties, and
2067 functions.
2068 3. A person who violates the requirements of a county’s or
2069 municipality’s open burning authorization program, as provided
2070 by ordinance or local law enacted pursuant to this section,
2071 commits a violation of this chapter, punishable as provided in
2072 s. 590.14.
2073 Section 59. Subsection (4) of section 590.14, Florida
2074 Statutes, is renumbered as subsection (7), subsections (1) and
2075 (3) are amended, and new subsections (4), (5), and (6) are added
2076 to that section, to read:
2077 590.14 Notice of violation; penalties.—
2078 (1) If a division employee determines that a person has
2079 violated chapter 589, or this chapter, or any rule adopted by
2080 the division to administer provisions of law conferring duties
2081 upon the division, the division employee he or she may issue a
2082 notice of violation indicating the statute violated. This notice
2083 will be filed with the division and a copy forwarded to the
2084 appropriate law enforcement entity for further action if
2085 necessary.
2086 (3) The department may also impose an administrative fine,
2087 not to exceed $1,000 per violation of any section of chapter 589
2088 or this chapter or violation of any rule adopted by the division
2089 to administer provisions of law conferring duties upon the
2090 division. The fine shall be based upon the degree of damage, the
2091 prior violation record of the person, and whether the person
2092 knowingly provided false information to obtain an authorization.
2093 The fines shall be deposited in the Incidental Trust Fund of the
2094 division.
2095 (4) A person may not:
2096 (a) Fail to comply with any rule or order adopted by the
2097 division to administer provisions of law conferring duties upon
2098 the division; or
2099 (b) Knowingly make any false statement or representation in
2100 any application, record, plan, or other document required by
2101 this chapter or any rules adopted under this chapter.
2102 (5) A person who violates paragraph (4)(a) or paragraph
2103 (4)(b) commits a misdemeanor of the second degree, punishable as
2104 provided in s. 775.082 or s. 775.083.
2105 (6) It is the intent of the Legislature that a penalty
2106 imposed by a court under subsection (5) be of a severity that
2107 ensures immediate and continued compliance with this section.
2108 Section 60. Paragraph (a) of subsection (1) of section
2109 599.004, Florida Statutes, is amended to read:
2110 599.004 Florida Farm Winery Program; registration; logo;
2111 fees.—
2112 (1) The Florida Farm Winery Program is established within
2113 the Department of Agriculture and Consumer Services. Under this
2114 program, a winery may qualify as a tourist attraction only if it
2115 is registered with and certified by the department as a Florida
2116 Farm Winery. A winery may not claim to be certified unless it
2117 has received written approval from the department.
2118 (a) To qualify as a certified Florida Farm Winery, a winery
2119 shall meet the following standards:
2120 1. Produce or sell less than 250,000 gallons of wine
2121 annually.
2122 2. Maintain a minimum of 10 acres of owned or managed land
2123 vineyards in Florida which produces commodities used in the
2124 production of wine.
2125 3. Be open to the public for tours, tastings, and sales at
2126 least 30 hours each week.
2127 4. Make annual application to the department for
2128 recognition as a Florida Farm Winery, on forms provided by the
2129 department.
2130 5. Pay an annual application and registration fee of $100.
2131 Section 61. Subsection (1) of section 604.15, Florida
2132 Statutes, is amended, and subsection (11) is added to that
2133 section, to read:
2134 604.15 Dealers in agricultural products; definitions.—For
2135 the purpose of ss. 604.15-604.34, the following words and terms,
2136 when used, shall be construed to mean:
2137 (1) “Agricultural products” means the natural products of
2138 the farm, nursery, grove, orchard, vineyard, garden, and apiary
2139 (raw or manufactured); sod; tropical foliage; horticulture; hay;
2140 livestock; milk and milk products; poultry and poultry products;
2141 the fruit of the saw palmetto (meaning the fruit of the Serenoa
2142 repens); limes (meaning the fruit Citrus aurantifolia, variety
2143 Persian, Tahiti, Bearss, or Florida Key limes); and any other
2144 nonexempt agricultural products produced in the state, except
2145 tobacco, sugarcane, tropical foliage, timber and timber
2146 byproducts, forest products as defined in s. 591.17, and citrus
2147 other than limes.
2148 (11) “Responsible position” means a position within the
2149 business of a dealer in agricultural products that has the
2150 authority to negotiate or make the purchase of agricultural
2151 products on behalf of the dealer’s business or has principal
2152 active management authority over the business decisions,
2153 actions, and activities of the dealer’s business in this state.
2154 Section 62. Section 604.19, Florida Statutes, is amended to
2155 read:
2156 604.19 License; fee; bond; certificate of deposit;
2157 penalty.—Unless the department refuses the application on one or
2158 more of the grounds provided in this section, it shall issue to
2159 an applicant, upon the payment of required fees and the
2160 execution and delivery of a bond or certificate of deposit as
2161 provided in this section, a state license entitling the
2162 applicant to conduct business as a dealer in agricultural
2163 products for a 1-year period to coincide with the effective
2164 period of the bond or certificate of deposit furnished by the
2165 applicant. During the 1-year period covered by a license, if the
2166 supporting surety bond or certificate of deposit is canceled for
2167 any reason, the license shall automatically expire on the date
2168 the surety bond or certificate of deposit terminates, unless an
2169 acceptable replacement is in effect before the date of
2170 termination so that continual coverage occurs for the remaining
2171 period of the license. A surety company shall give the
2172 department a 30-day written notice of cancellation by certified
2173 mail in order to cancel a bond. Cancellation of a bond or
2174 certificate of deposit does shall not relieve a surety company
2175 or financial institution of liability for purchases or sales
2176 occurring while the bond or certificate of deposit was in
2177 effect. The license fee, which must be paid for the principal
2178 place of business for a dealer in agricultural products, shall
2179 be based upon the amount of the dealer’s surety bond or
2180 certificate of deposit furnished by each dealer under the
2181 provisions of s. 604.20 and may not exceed $500. For each
2182 additional place in which the applicant desires to conduct
2183 business and which the applicant names in the application, the
2184 additional license fee must be paid but may not exceed $100
2185 annually. If a Should any dealer in agricultural products fails,
2186 refuses, or neglects fail, refuse, or neglect to apply and
2187 qualify for the renewal of a license on or before its the date
2188 of expiration date thereof, a penalty not to exceed $100 shall
2189 apply to and be added to the original license fee for the
2190 principal place of business and to the license fee for each
2191 additional place of business named in the application and shall
2192 be paid by the applicant before the renewal license may be
2193 issued. The department by rule shall prescribe fee amounts
2194 sufficient to fund ss. 604.15-604.34.
2195 Section 63. Subsections (1) and (4) of section 604.20,
2196 Florida Statutes, are amended to read:
2197 604.20 Bond or certificate of deposit prerequisite; amount;
2198 form.—
2199 (1) Before any license is issued, the applicant therefor
2200 shall make and deliver to the department a surety bond or
2201 certificate of deposit in the amount of at least $5,000 or in
2202 such greater amount as the department may determine. No bond or
2203 certificate of deposit may be in an amount less than $5,000. The
2204 penal sum of the bond or certificate of deposit to be furnished
2205 to the department by an applicant for license as a dealer in
2206 agricultural products shall be in an amount equal to twice the
2207 average of the monthly dollar amounts amount of agricultural
2208 products handled for a Florida producer or a producer’s agent or
2209 representative, by purchase or otherwise, during the month of
2210 maximum transaction in such products during the preceding 12
2211 month period. Only those months in which the applicant handled,
2212 by purchase or otherwise, amounts equal to or greater than
2213 $1,000 shall be used to calculate the penal sum of the required
2214 bond or certificate of deposit. An applicant for license who has
2215 not handled agricultural products for a Florida producer or a
2216 producer’s agent or representative, by purchase or otherwise,
2217 during the preceding 12-month period shall furnish a bond or
2218 certificate of deposit in an amount equal to twice the estimated
2219 average of the monthly dollar amounts amount of such
2220 agricultural products to be handled, by purchase or otherwise,
2221 during the month of maximum transaction during the next
2222 immediate 12 months. Only those months in which the applicant
2223 anticipates handling, by purchase or otherwise, amounts equal to
2224 or greater than $1,000 shall be used to calculate the penal sum
2225 of the required bond or certificate of deposit. Such bond or
2226 certificate of deposit shall be provided or assigned in the
2227 exact name in which the dealer will conduct business subject to
2228 the provisions of ss. 604.15-604.34. Such bond must be executed
2229 by a surety company authorized to transact business in the
2230 state. For the purposes of ss. 604.19-604.21, the term
2231 “certificate of deposit” means a certificate of deposit at any
2232 recognized financial institution doing business in the United
2233 States. No certificate of deposit may be accepted in connection
2234 with an application for a dealer’s license unless the issuing
2235 institution is properly insured by either the Federal Deposit
2236 Insurance Corporation or the Federal Savings and Loan Insurance
2237 Corporation. Such bond or any certificate of deposit assignment
2238 or agreement shall be upon a form prescribed or approved by the
2239 department and shall be conditioned to secure the faithful
2240 accounting for and payment, in the manner prescribed by s.
2241 604.21(9), to producers or their agents or representatives of
2242 the proceeds of all agricultural products handled or purchased
2243 by such dealer, and to secure payment to dealers who sell
2244 agricultural products to such dealer, and to pay any claims or
2245 costs ordered under s. 604.21 as the result of a complaint. Such
2246 bond or certificate of deposit assignment or agreement shall
2247 include terms binding the instrument to the Commissioner of
2248 Agriculture. A certificate of deposit shall be presented with an
2249 assignment of applicant’s rights in the certificate in favor of
2250 the Commissioner of Agriculture on a form prescribed by the
2251 department and with a letter from the issuing institution
2252 acknowledging that the assignment has been properly recorded on
2253 the books of the issuing institution and will be honored by the
2254 issuing institution. Such assignment shall be irrevocable while
2255 the dealer’s license is in effect and for an additional period
2256 of 6 months after the termination or expiration of the dealer’s
2257 license, provided no complaint is pending against the licensee.
2258 If a complaint is pending, the assignment shall remain in effect
2259 until all actions on the complaint have been finalized. The
2260 certificate of deposit may be released by the assignee of the
2261 financial institution to the licensee or the licensee’s
2262 successors, assignee, or heirs if no claims are pending against
2263 the licensee before the department at the conclusion of 6 months
2264 after the last effective date of the license. No certificate of
2265 deposit shall be accepted that contains any provision that would
2266 give the issuing institution any prior rights or claim on the
2267 proceeds or principal of such certificate of deposit. The
2268 department shall determine by rule the maximum amount of bond or
2269 certificate of deposit required of a dealer and whether an
2270 annual bond or certificate of deposit will be required.
2271 (4) The department may issue a conditional license to an
2272 applicant who is unable to provide a single bond or certificate
2273 of deposit in the full amount required by the calculation in
2274 subsection (1). The conditional license shall remain in effect
2275 for a 1-year period to coincide with the effective period of the
2276 bond or certificate of deposit furnished by the applicant. The
2277 applicant must provide at least the minimum $5,000 bond or
2278 certificate of deposit as provided in subsection (1) together
2279 with documentation from each of three separate bonding companies
2280 denying the applicants request for a surety bond in the full
2281 amount required in subsection (1) and one of the following:
2282 (a) A notarized affidavit limiting the handling of
2283 agricultural products, by purchase or otherwise, during their
2284 largest month to a minimum of one-half the amount of the bond or
2285 certificate of deposit provided by the applicant;
2286 (b) A notarized affidavit stating that any subject
2287 agricultural products, handled by purchase or otherwise,
2288 exceeding one-half of the amount of the bond or certificate of
2289 deposit will be handled under the exemption provisions set forth
2290 in s. 604.16(2); or
2291 (c) A second bond or certificate of deposit in such an
2292 amount that, when the penal sum of the second bond or
2293 certificate of deposit is added to the penal sum of the first
2294 bond or certificate of deposit, the combined penal sum will
2295 equal twice the dollar amount of agricultural products handled
2296 for a Florida producer or a producer’s agent or representative,
2297 by purchase or otherwise, during the month of maximum
2298 transaction in such products during the preceding 12-month
2299 period.
2300
2301 The department or its agents may require from any licensee who
2302 is issued a conditional license verified statements of the
2303 volume of the licensee’s business or may review the licensee’s
2304 records at the licensee’s place of business during normal
2305 business hours to determine the licensee’s adherence to the
2306 conditions of the license. The failure of a licensee to furnish
2307 such statement or to make such records available shall be cause
2308 for suspension of the licensee’s conditional license. If the
2309 department finds such failure to be willful, the conditional
2310 license may be revoked.
2311 Section 64. Section 604.25, Florida Statutes, is amended to
2312 read:
2313 604.25 Refusal to grant, or suspension or revocation of,
2314 license.—
2315 (1) The department may deny, refuse to renew, decline to
2316 grant a license or may suspend or revoke a license already
2317 granted if the applicant or licensee has:
2318 (a) Suffered a monetary judgment entered against the
2319 applicant or licensee upon which is execution has been returned
2320 unsatisfied;
2321 (b) Made false charges for handling or services rendered;
2322 (c) Failed to account promptly and properly or to make
2323 settlements with any producer;
2324 (d) Made any false statement or statements as to condition,
2325 quality, or quantity of goods received or held for sale when the
2326 true condition, quality, or quantity could have been ascertained
2327 by reasonable inspection;
2328 (e) Made any false or misleading statement or statements as
2329 to market conditions or service rendered;
2330 (f) Been guilty of a fraud in the attempt to procure, or
2331 the procurement of, a license;
2332 (g) Directly or indirectly sold agricultural products
2333 received on consignment or on a net return basis for her or his
2334 own account, without prior authority from the producer
2335 consigning the same, or without notifying such producer;
2336 (h) Employed a person in a responsible position a person,
2337 or has an owner, officer, director, general or managing partner,
2338 or other similarly situated person, who is in or has held a
2339 similar position with any entity that of a corporation, who has
2340 failed to fully comply with an order of the department, has not
2341 satisfied a civil judgment held by the department, has pending
2342 any administrative or civil enforcement action by the
2343 department, or has pending any criminal charges pursuant to s.
2344 604.30 at any time within 1 year after issuance;
2345 (i) Violated any statute or rule relating to the purchase
2346 or sale of any agricultural product, whether or not such
2347 transaction is subject to the provisions of this chapter; or
2348 (j) Failed to submit to the department an application,
2349 appropriate license fees, and an acceptable surety bond or
2350 certificate of deposit; or.
2351 (k)(2) Failed If a licensee fails or refused refuses to
2352 comply in full with an order of the department or failed to
2353 satisfy a civil judgment held by the department, her or his
2354 license may be suspended or revoked, in which case she or he
2355 shall not be eligible for license for a period of 1 year or
2356 until she or he has fully complied with the order of the
2357 department.
2358 (3) No person, or officer of a corporation, whose license
2359 has been suspended or revoked for failure to comply with an
2360 order of the department may hold a responsible position with a
2361 licensee for a period of 1 year or until the order of the
2362 department has been fully complied with.
2363 Section 65. Subsections (18) and (19) of section 616.242,
2364 Florida Statutes, are renumbered as subsections (19) and (20),
2365 respectively, and a new subsection (18) is added to that section
2366 to read:
2367 616.242 Safety standards for amusement rides.—
2368 (18) STOP-OPERATION ORDERS.—If an owner or amusement ride
2369 fails to comply with this chapter or any rule adopted under this
2370 chapter, the department may issue a stop-operation order.
2371 Section 66. Paragraph (c) of subsection (5) of section
2372 790.06, Florida Statutes, is amended to read:
2373 790.06 License to carry concealed weapon or firearm.—
2374 (5) The applicant shall submit to the Department of
2375 Agriculture and Consumer Services:
2376 (c) A full set of fingerprints of the applicant
2377 administered by a law enforcement agency or the Division of
2378 Licensing of the Department of Agriculture and Consumer
2379 Services.
2380 Section 67. Section 849.094, Florida Statutes, is amended
2381 to read:
2382 849.094 Game promotion in connection with sale of consumer
2383 products or services.—
2384 (1) As used in this section, the term:
2385 (a) “Commencement of the game promotion” means the date the
2386 game promotion begins as disclosed in the filing made to the
2387 department pursuant to s. 849.094(3).
2388 (b) “Department” means the Department of Agriculture and
2389 Consumer Services.
2390 (c)(a) “Game promotion” means, but is not limited to, a
2391 contest, game of chance, or gift enterprise, conducted within or
2392 throughout the state and other states in connection with the
2393 sale of consumer products or services, and in which the elements
2394 of chance and prize are present. However, “game promotion” shall
2395 not be construed to apply to bingo games conducted pursuant to
2396 s. 849.0931.
2397 (d) “In connection with the sale of consumer products or
2398 services” means the completion of a retail sales transaction
2399 between a merchant or service provider and an end-use purchaser
2400 of the product or service. Any required fee, charge, or payment
2401 for an additional opportunity to participate in the game
2402 promotion before or after the sale shall not be deemed in
2403 connection with the sale of consumer products or services.
2404 (e)(b) “Operator” means any person, firm, corporation, or
2405 association or agent or employee thereof who promotes, sponsors,
2406 administers, operates, or conducts a game promotion, except any
2407 charitable nonprofit organization.
2408 (2) It is unlawful for any operator:
2409 (a) To design, engage in, promote, or conduct such a game
2410 promotion, in connection with the promotion or sale of consumer
2411 products or services, wherein the winner may be predetermined or
2412 the game may be manipulated or rigged so as to:
2413 1. Allocate a winning game or any portion thereof to
2414 certain lessees, agents, or franchises; or
2415 2. Allocate a winning game or part thereof to a particular
2416 period of the game promotion or to a particular geographic area;
2417 (b) Arbitrarily to remove, disqualify, disallow, or reject
2418 any entry;
2419 (c) To fail to award prizes offered;
2420 (d) To print, publish, or circulate literature or
2421 advertising material used in connection with such game
2422 promotions which is false, deceptive, or misleading; or
2423 (e) To require an entry fee, payment, or proof of purchase
2424 as a condition of entering a game promotion.
2425 (3)(a) Except as provided in paragraph (11)(c), the
2426 operator of a game promotion in which the total announced value
2427 of the prizes offered is greater than $5,000 shall file with the
2428 department of Agriculture and Consumer Services a copy of the
2429 rules and regulations of the game promotion and a list of all
2430 prizes and prize categories offered at least 7 days before the
2431 commencement of the game promotion. Such rules and regulations
2432 may not thereafter be changed, modified, or altered. The
2433 operator of a game promotion shall conspicuously post the rules
2434 and regulations of such game promotion in each and every retail
2435 outlet or place where such game promotion may be played or
2436 participated in by the public and shall also publish the rules
2437 and regulations in all advertising copy used in connection
2438 therewith. However, such advertising copy need only include the
2439 material terms of the rules and regulations if the advertising
2440 copy includes a website address, a toll-free telephone number,
2441 or a mailing address where the full rules and regulations may be
2442 viewed, heard, or obtained for the full duration of the game
2443 promotion. Such disclosures must be legible. Radio and
2444 television announcements may indicate that the rules and
2445 regulations are available at retail outlets or from the operator
2446 of the promotion. A nonrefundable filing fee of $100 shall
2447 accompany each filing and shall be used to pay the costs
2448 incurred in administering and enforcing the provisions of this
2449 section. The department may not accept a filing from any
2450 operator, person, firm, corporation, association, agent, or
2451 employee against whom there has been a criminal or civil
2452 adjudication, or who has not satisfied a civil fine, for any
2453 violation of this section.
2454 (b) Each operator of an electronic game promotion shall
2455 file with the department a certification by an independent
2456 testing laboratory that such electronic game promotion contains
2457 a finite number of entries at least 7 days before the
2458 commencement of the game promotion.
2459 (4)(a) Except as provided in paragraph (11)(c), every
2460 operator of such a game promotion in which the total announced
2461 value of the prizes offered is greater than $5,000 shall
2462 establish a trust account, in a national or state-chartered
2463 financial institution, with a balance equal to sufficient to pay
2464 or purchase the total value of all prizes offered. On a form
2465 supplied by the department of Agriculture and Consumer Services,
2466 an official of the financial institution holding the trust
2467 account shall set forth the account number and the dollar amount
2468 of the trust account, the identity of the entity or individual
2469 establishing the trust account, and the name of the game
2470 promotion for which the trust account has been established. Such
2471 form shall be filed with the department of Agriculture and
2472 Consumer Services at least 7 days in advance of the commencement
2473 of the game promotion. In lieu of establishing such trust
2474 account, the operator may obtain a surety bond from a surety
2475 authorized to do business in this state in an amount equivalent
2476 to the total value of all prizes offered; and such bond shall be
2477 filed with the department of Agriculture and Consumer Services
2478 at least 7 days in advance of the commencement of the game
2479 promotion.
2480 1. The moneys held in the trust account may be withdrawn in
2481 order to pay the prizes offered only upon written approval by
2482 certification to the department. This approval shall be provided
2483 only after the operator certifies to the department of
2484 Agriculture and Consumer Services of the name and address of
2485 each the winner, or winners and the amount of the prize or
2486 prizes to be awarded, and the value of each prize thereof.
2487 2. If the operator of a game promotion has obtained a
2488 surety bond in lieu of establishing a trust account, the amount
2489 of the surety bond shall equal at all times the total amount of
2490 the prizes offered. The bond shall be in favor of the department
2491 for the use and benefit of any consumer who qualifies for the
2492 award of a prize under the rules and regulations of the game
2493 promotion but who does not receive the prize awarded. Such bond
2494 shall be applicable and liable for payment of the claims duly
2495 adjudicated by order of the department. The proceedings to
2496 adjudicate such claims shall be conducted in accordance with ss.
2497 120.569 and 120.57.
2498 (b) The department of Agriculture and Consumer Services may
2499 waive the provisions of this subsection for any operator who has
2500 conducted game promotions in the state for not less than 5
2501 consecutive years and who has not had any civil, criminal, or
2502 administrative action instituted against him or her by the state
2503 or an agency of the state for violation of this section within
2504 that 5-year period. Such waiver may be revoked upon the
2505 commission of a violation of this section by such operator, as
2506 determined by the department of Agriculture and Consumer
2507 Services.
2508 (5) Except as provided in paragraph (11)(c), every operator
2509 of a game promotion in which the total announced value of the
2510 prizes offered is greater than $5,000 shall provide the
2511 department of Agriculture and Consumer Services with a certified
2512 list of the names and addresses of all persons, whether from
2513 this state or from another state, who have won prizes that which
2514 have a value of more than $25, the value of such prizes, and the
2515 dates when the prizes were won within 60 days after such winners
2516 have been finally determined. The date for the final
2517 determination of winners shall be 60 days after the ending date
2518 of the game promotion disclosed in the original filing under
2519 subsection (3). The operator shall provide a copy of the list of
2520 winners, without charge, to any person who requests it. In lieu
2521 of the foregoing, the operator of a game promotion may, at his
2522 or her option, publish the same information about the winners in
2523 a Florida newspaper of general circulation within 60 days after
2524 such winners have been determined and shall provide to the
2525 department of Agriculture and Consumer Services a certified copy
2526 of the publication containing the information about the winners.
2527 The operator of a game promotion is not required to notify a
2528 winner by mail or by telephone when the winner is already in
2529 possession of a game card from which the winner can determine
2530 that he or she has won a designated prize. All winning entries
2531 shall be held by the operator for a period of 90 days after the
2532 close or completion of the game.
2533 (6) The department of Agriculture and Consumer Services
2534 shall keep the certified list of winners for a period of at
2535 least 6 months after receipt of the certified list. The
2536 department thereafter may dispose of all records and lists.
2537 (7) No operator shall force, directly or indirectly, a
2538 lessee, agent, or franchise dealer to purchase or participate in
2539 any game promotion. For the purpose of this section, coercion or
2540 force shall be presumed in these circumstances in which a course
2541 of business extending over a period of 1 year or longer is
2542 materially changed coincident with a failure or refusal of a
2543 lessee, agent, or franchise dealer to participate in such game
2544 promotions. Such force or coercion shall further be presumed
2545 when an operator advertises generally that game promotions are
2546 available at its lessee dealers or agent dealers.
2547 (8)(a) The department of Agriculture and Consumer Services
2548 shall have the power to adopt promulgate such rules and
2549 regulations respecting the operation of game promotions as it
2550 may deem advisable.
2551 (b) Whenever the department of Agriculture and Consumer
2552 Services or the Department of Legal Affairs has reason to
2553 believe that a game promotion is being operated in violation of
2554 this section, it may bring an action in the circuit court of any
2555 judicial circuit in which the game promotion is being operated
2556 in the name and on behalf of the people of the state against any
2557 operator thereof to enjoin the continued operation of such game
2558 promotion anywhere within the state.
2559 (9)(a) Any person, firm, or corporation, or association or
2560 agent or employee thereof, who engages in any acts or practices
2561 stated in this section to be unlawful, or who violates any of
2562 the rules and regulations made pursuant to this section, is
2563 guilty of a misdemeanor of the second degree, punishable as
2564 provided in s. 775.082 or s. 775.083.
2565 (b) Any person, firm, corporation, association, agent, or
2566 employee who violates any provision of this section or any of
2567 the rules and regulations made pursuant to this section shall be
2568 liable for a civil penalty of not more than $1,000 for each such
2569 violation, which shall accrue to the state and may be recovered
2570 in a civil action brought by the department of Agriculture and
2571 Consumer Services or the Department of Legal Affairs.
2572 (10) This section does not apply to actions or transactions
2573 regulated by the Department of Business and Professional
2574 Regulation or to the activities of nonprofit organizations or to
2575 any other organization engaged in any enterprise other than the
2576 sale of consumer products or services. Subsections (3), (4),
2577 (5), (6), and (7) and paragraph (8)(a) and any of the rules made
2578 pursuant thereto do not apply to television or radio
2579 broadcasting companies licensed by the Federal Communications
2580 Commission.
2581 (11)(a) The provisions of s. 551.102(8), s. 849.09, s.
2582 849.15, or s. 849.16 do not prohibit the use of electronic
2583 devices or computer terminals that have video display monitors
2584 to conduct or display the results of a game promotion otherwise
2585 permitted by this section.
2586 (b) Each electronic device or computer terminal that has a
2587 video display monitor provided by the operator for consumers to
2588 participate in a game promotion shall be considered a separate
2589 game promotion for purposes of the section. Its physical
2590 location shall be stated in the filing specified in subsection
2591 (3), and a separate nonrefundable filing fee shall be paid for
2592 each device or terminal.
2593 (c) The operator of a game promotion that uses an
2594 electronic device or computer terminal having a video display
2595 monitor provided by the operator for use by consumers shall
2596 comply with all requirements of subsections (3), (4), and (5)
2597 regardless of the total announced value of the prizes offered.
2598 Section 68. Sections 570.071 and 570.901, Florida Statutes,
2599 are repealed.
2600 Section 69. This act shall take effect July 1, 2009.