CS/CS/HB 1445

1	A bill to be entitled
2	An act relating to the Department of Agriculture and
3	Consumer Services; amending s. 373.1391, F.S.; requiring
4	water management districts to give priority to the
5	agricultural use of certain parcels for purposes of
6	management of such parcels; amending s. 403.9336, F.S.;
7	revising a reference to the Model Ordinance for Florida-
8	Friendly Fertilizer Use on Urban Landscapes; amending s.
9	403.9337, F.S.; providing for amendment of the model
10	ordinance by the Department of Environmental Protection;
11	revising the criteria for a local government's adoption of
12	additional or more stringent standards; providing
13	exemptions; amending s. 493.6102, F.S.; specifying that
14	provisions regulating security officers do not apply to
15	certain law enforcement, correctional, and probation
16	officers performing off-duty activities; amending s.
17	493.6105, F.S.; revising the application requirements and
18	procedures for certain private investigative, private
19	security, recovery agent, and firearm licenses; specifying
20	application requirements for firearms instructor licenses;
21	amending s. 493.6106, F.S.; revising citizenship
22	requirements and documentation for certain private
23	investigative, private security, and recovery agent
24	licenses; prohibiting the licensure of applicants for a
25	statewide firearm license or firearms instructor license
26	who are prohibited from purchasing or possessing firearms;
27	requiring that private investigative, security, and
28	recovery agencies notify the Department of Agriculture and
29	Consumer Services of changes to their branch office
30	locations; amending s. 493.6107, F.S.; requiring the
31	department to accept certain methods of payment for
32	certain fees; amending s. 493.6108, F.S.; revising
33	requirements for criminal history checks of license
34	applicants whose fingerprints are not legible; requiring
35	the investigation of the mental and emotional fitness of
36	applicants for firearms instructor licenses; amending s.
37	493.6111, F.S.; requiring a security officer school or
38	recovery agent school to obtain the department's approval
39	for use of a fictitious name; specifying that a licensee
40	may not conduct business under more than one fictitious
41	name; amending s. 493.6113, F.S.; revising application
42	renewal procedures and requirements; amending s. 493.6115,
43	F.S.; conforming cross-references; amending s. 493.6118,
44	F.S.; authorizing disciplinary action against statewide
45	firearm licensees and firearms instructor licensees who
46	are prohibited from purchasing or possessing firearms;
47	amending s. 493.6121, F.S.; deleting provisions for the
48	department's access to certain criminal history records
49	provided to licensed gun dealers, manufacturers, and
50	exporters; amending s. 493.6202, F.S.; requiring the
51	department to accept certain methods of payment for
52	certain fees; amending s. 493.6203, F.S.; prohibiting
53	bodyguard services from being credited toward certain
54	license requirements; revising the training requirements
55	for private investigator intern license applicants;
56	requiring the automatic suspension of an intern's license
57	under certain circumstances; providing an exception;
58	amending s. 493.6302, F.S.; requiring the department to
59	accept certain methods of payment for certain fees;
60	amending s. 493.6303, F.S.; revising the training
61	requirements for security officer license applicants;
62	amending s. 493.6304, F.S.; revising application
63	requirements and procedures for security officer school
64	licenses; amending s. 493.6401, F.S.; revising terminology
65	for recovery agent schools and training facilities;
66	amending s. 493.6402, F.S.; revising terminology for
67	recovery agent schools and training facilities; requiring
68	the department to accept certain methods of payment for
69	certain fees; amending s. 493.6406, F.S.; revising
70	terminology; requiring recovery agent school and
71	instructor licenses; providing license application
72	requirements and procedures; amending ss. 501.605 and
73	501.607, F.S.; revising application requirements for
74	commercial telephone seller and salesperson licenses;
75	amending s. 501.913, F.S.; specifying the sample size
76	required for antifreeze registration application; amending
77	s. 525.01, F.S.; revising requirements for petroleum fuel
78	affidavits; amending s. 525.09, F.S.; imposing an
79	inspection fee on certain alternative fuels containing
80	alcohol; amending s. 526.50, F.S.; defining terms
81	applicable to regulation of the sale of brake fluid;
82	amending s. 526.51, F.S.; revising brake fluid permit
83	application requirements; amending s. 526.52, F.S.;
84	revising requirements for printed statements on brake
85	fluid containers; amending s. 526.53, F.S.; revising
86	requirements and procedures for brake fluid stop-sale
87	orders; authorizing businesses to dispose of unregistered
88	brake fluid under certain circumstances; amending s.
89	527.0201, F.S.; revising requirements for liquefied
90	petroleum gas qualifying examinations; increasing
91	continuing education requirements for certain liquefied
92	petroleum gas qualifiers; amending s. 527.12, F.S.;
93	providing for the issuance of certain stop orders;
94	amending ss. 559.805 and 559.928, F.S.; deleting social
95	security numbers as a listing requirement on registration
96	affidavits for independent agents of sellers of business
97	opportunities; amending s. 570.0725, F.S.; revising
98	provisions for public information about food banks and
99	similar food recovery programs; authorizing the department
100	to adopt rules; amending ss. 570.53 and 570.54, F.S.;
101	conforming cross-references; amending s. 570.55, F.S.;
102	revising requirements for identifying sellers or handlers
103	of tropical or subtropical fruit or vegetables; amending
104	s. 570.902, F.S.; conforming terminology to the repeal by
105	the act of provisions establishing the Florida
106	Agricultural Museum; amending s. 570.903, F.S.; revising
107	provisions for direct-support organizations for certain
108	agricultural programs to conform to the repeal by the act
109	of provisions establishing the Florida Agricultural
110	Museum; deleting provisions for a direct-support
111	organization for the Florida State Collection of
112	Arthropods; amending s. 573.118, F.S.; requiring the
113	department to maintain records of marketing orders;
114	requiring an audit at the request of an advisory council;
115	requiring that the advisory council receive a copy of the
116	audit within a specified time; amending s. 581.011, F.S.;
117	deleting terminology relating to the Florida State
118	Collection of Arthropods; revising the term "nursery" for
119	purposes of plant industry regulations; amending s.
120	581.211, F.S.; increasing the maximum fine for violations
121	of plant industry regulations; amending s. 583.13, F.S.;
122	deleting a prohibition on the sale of poultry without
123	displaying the poultry grade; amending s. 590.125, F.S.;
124	revising terminology for open burning authorizations;
125	specifying purposes of certified prescribed burning;
126	requiring the authorization of the Division of Forestry
127	for certified pile burning; providing pile burning
128	requirements; limiting the liability of property owners or
129	agents engaged in pile burning; providing for the
130	certification of pile burners; providing penalties for
131	violations by certified pile burners; requiring rules;
132	authorizing the division to adopt rules regulating
133	certified pile burning; revising notice requirements for
134	wildfire hazard reduction treatments; providing for
135	approval of local government open burning authorization
136	programs; providing program requirements; authorizing the
137	division to close local government programs under certain
138	circumstances; providing penalties for violations of local
139	government open burning requirements; amending s. 590.14,
140	F.S.; authorizing fines for violations of any division
141	rule; providing penalties for certain violations;
142	providing legislative intent; amending s. 599.004, F.S.;
143	revising standards that a winery must meet to qualify as a
144	certified Florida Farm Winery; amending s. 604.15, F.S.;
145	revising the term "agricultural products" to make tropical
146	foliage exempt from regulation under provisions relating
147	to dealers in agricultural products; defining the term
148	"responsible position"; amending s. 604.19, F.S.; revising
149	requirements for late fees on agricultural products dealer
150	applications; amending s. 604.25, F.S.; revising
151	conditions under which the department may deny, refuse to
152	renew, suspend, or revoke agricultural products dealer
153	licenses; deleting a provision prohibiting certain persons
154	from holding a responsible position with a licensee;
155	amending s. 616.242, F.S.; authorizing the issuance of
156	stop-operation orders for amusement rides under certain
157	circumstances; amending s. 686.201, F.S.; exempting
158	contracts involving a seller of travel from requirements
159	for certain sales representative contracts; amending s.
160	790.06, F.S.; authorizing a concealed firearm license
161	applicant to submit fingerprints administered by the
162	Division of Licensing; repealing ss. 570.071 and 570.901,
163	F.S., relating to the Florida Agricultural Exposition and
164	the Florida Agricultural Museum; providing an effective
165	date.
166
167	Be It Enacted by the Legislature of the State of Florida:
168
169	Section 1.  Paragraph (d) of subsection (1) of section
170	373.1391, Florida Statutes, is amended to read:
171	373.1391  Management of real property.-
172	(1)
173	(d)  For any fee simple acquisition of a parcel which is or
174	will be leased back for agricultural purposes, or for any
175	acquisition of a less-than-fee interest in lands that is or will
176	be used for agricultural purposes, the district governing board
177	shall first consider having a soil and water conservation
178	district created pursuant to chapter 582 manage and monitor such
179	interest. Priority shall be given to the agricultural use
180	present at the time of fee simple acquisition of the parcel.
181	Section 2.  Section 403.9336, Florida Statutes, is amended
182	to read:
183	403.9336  Legislative findings.-The Legislature finds that
184	the implementation of the Model Ordinance for Florida-Friendly
185	Fertilizer Use on Urban Landscapes (2008), which was developed
186	by the department in conjunction with the Florida Consumer
187	Fertilizer Task Force, the Department of Agriculture and
188	Consumer Services, and the University of Florida Institute of
189	Food and Agricultural Sciences, will assist in protecting the
190	quality of Florida's surface water and groundwater resources.
191	The Legislature further finds that local conditions, including
192	variations in the types and quality of water bodies, site-
193	specific soils and geology, and urban or rural densities and
194	characteristics, may necessitate the implementation of
195	additional or more stringent fertilizer management practices at
196	the local government level.
197	Section 3.  Section 403.9337, Florida Statutes, is amended
198	to read:
199	403.9337  Model Ordinance for Florida-Friendly Fertilizer
200	Use on Urban Landscapes.-
201	(1)  The department may amend its Model Ordinance for
202	Florida-Friendly Fertilizer Use on Urban Landscapes (2009).
203	However, any amendment of the model ordinance after July 1,
204	2010, must be adopted by order of the department. Before
205	adopting an amendment to the model ordinance, the department
206	must hold at least one public workshop to discuss and receive
207	comments on the proposed amendment. The department, at a
208	minimum, must notify interested stakeholders of the public
209	workshop, including representatives of the nursery and landscape
210	industry, the pest control industry, the Department of
211	Agriculture and Consumer Services, the University of Florida's
212	Institute of Food and Agricultural Sciences, environmental
213	groups, and county and local governments. Such an order amending
214	the model ordinance is subject to challenge under chapter 120.
215	(2)(1)  All county and municipal governments are encouraged
216	to adopt and enforce the Model Ordinance for Florida-Friendly
217	Fertilizer Use on Urban Landscapes or an equivalent requirement
218	as a mechanism for protecting local surface and groundwater
219	quality.
220	(3)(2)  Each county and municipal government located within
221	the watershed of a water body or water segment that is listed as
222	impaired by nutrients pursuant to s. 403.067, must shall, at a
223	minimum, adopt the most recent version of the department's Model
224	Ordinance for Florida-Friendly Fertilizer Use on Urban
225	Landscapes. A local government may adopt additional or more
226	stringent standards than the model ordinance if, before
227	adoption, the following criteria are met:
228	(a)  The local government has implemented demonstrated, as
229	part of a comprehensive program to address nonpoint sources of
230	nutrient pollution but which is science-based, and economically
231	and technically feasible, that additional or more stringent
232	standards than the model ordinance are necessary in order to
233	adequately address urban fertilizer contributions to nonpoint
234	source nutrient loading to a water body. In any such instance,
235	the comprehensive program must be scientifically based and
236	economically and technically feasible. The comprehensive program
237	may include, but is not limited to:
238	1.  Nonpoint source activities adopted as part of a basin
239	management plan developed pursuant to s. 403.067(7);
240	2.  Adoption of Florida-friendly landscaping requirements,
241	as provided in s. 373.185, into the local government's
242	development code; or
243	3.  The requirement for and enforcement of the
244	implementation of low-impact development practices.
245	(b)  The local government documents in the public record
246	the need for more stringent standards, including the
247	scientifically documented impairment of waters within the local
248	government's jurisdiction by nutrient enrichment due to
249	landforms, soils, hydrology, climate, or geology, and the local
250	government documents that it has requested and considered all
251	relevant scientific information, including input from the
252	department, the institute, the Department of Agriculture and
253	Consumer Services, and the University of Florida's Florida
254	Institute of Food and Agricultural Sciences, if provided, on the
255	need for additional or more stringent provisions to address
256	fertilizer use as a contributor to water quality degradation.
257	All documentation must become part of the public record before
258	adoption of the additional or more stringent criteria.
259	(4)(3)  Any county or municipal government that adopted its
260	own fertilizer use ordinance before January 1, 2009, is exempt
261	from this section. Ordinances adopted or amended on or after
262	January 1, 2009, must substantively conform to the most recent
263	version of the model fertilizer ordinance and are subject to
264	subsections (2) and (3) (1) and (2) , as applicable.
265	(5)  A fertilizer ordinance adopted by a county or
266	municipal government may not prohibit an individual licensed
267	pursuant to s. 482.1562 from conducting his or her occupation,
268	including the application of macronutrients or micronutrients
269	throughout the calendar year, if such application is based on
270	site-specific assessment, such as soil testing or leaf-tissue
271	analysis.
272	(6)(4)  This section does not apply to the use of
273	fertilizer:
274	(a)  On farm operations as defined in s. 823.14; or
275	(b)  On lands classified as agricultural lands pursuant to
276	s. 193.461; or
277	(c)  On any lands used for scientific research, including,
278	but not limited to, research on the effects of fertilizer use on
279	urban stormwater, water quality, agronomics, or horticulture.
280	Section 4.  Subsection (1) of section 493.6102, Florida
281	Statutes, is amended to read:
282	493.6102  Inapplicability of this chapter.-This chapter
283	shall not apply to:
284	(1)  Any individual who is an "officer" as defined in s.
285	943.10(14), or is a law enforcement officer of the United States
286	Government, while the such local, state, or federal officer is
287	engaged in her or his official duties or, if approved by the
288	officer's supervisors, when performing off-duty activities as a
289	security officer activities approved by her or his superiors.
290	Section 5.  Section 493.6105, Florida Statutes, is amended
291	to read:
292	493.6105  Initial application for license.-
293	(1)  Each individual, partner, or principal officer in a
294	corporation, shall file with the department a complete
295	application accompanied by an application fee not to exceed $60,
296	except that the applicant for a Class "D" or Class "G" license
297	is shall not be required to submit an application fee. The
298	application fee is shall not be refundable.
299	(a)  The application submitted by any individual, partner,
300	or corporate officer must shall be approved by the department
301	before the prior to that individual, partner, or corporate
302	officer assumes assuming his or her duties.
303	(b)  Individuals who invest in the ownership of a licensed
304	agency, but do not participate in, direct, or control the
305	operations of the agency are shall not be required to file an
306	application.
307	(2)  Each application must shall be signed and verified by
308	the individual under oath as provided in s. 92.525 and shall be
309	notarized.
310	(3)  The application must shall contain the following
311	information concerning the individual signing the application
312	same:
313	(a)  Name and any aliases.
314	(b)  Age and date of birth.
315	(c)  Place of birth.
316	(d)  Social security number or alien registration number,
317	whichever is applicable.
318	(e)  Current Present residence address and his or her
319	residence addresses within the 5 years immediately preceding the
320	submission of the application.
321	(f)  Occupations held presently and within the 5 years
322	immediately preceding the submission of the application.
323	(f)(g)  A statement of all criminal convictions, findings
324	of guilt, and pleas of guilty or nolo contendere, regardless of
325	adjudication of guilt.
326	(g)  One passport-type color photograph taken within the 6
327	months immediately preceding submission of the application.
328	(h)  A statement whether he or she has ever been
329	adjudicated incompetent under chapter 744.
330	(i)  A statement whether he or she has ever been committed
331	to a mental institution under chapter 394.
332	(j)  A full set of fingerprints on a card provided by the
333	department and a fingerprint fee to be established by rule of
334	the department based upon costs determined by state and federal
335	agency charges and department processing costs. An applicant who
336	has, within the immediately preceding 6 months, submitted a
337	fingerprint card and fee for licensing purposes under this
338	chapter shall not be required to submit another fingerprint card
339	or fee.
340	(k)  A personal inquiry waiver which allows the department
341	to conduct necessary investigations to satisfy the requirements
342	of this chapter.
343	(l)  Such further facts as may be required by the
344	department to show that the individual signing the application
345	is of good moral character and qualified by experience and
346	training to satisfy the requirements of this chapter.
347	(4)  In addition to the application requirements outlined
348	in subsection (3), the applicant for a Class "C," Class "CC,"
349	Class "E," Class "EE," or Class "G" license shall submit two
350	color photographs taken within the 6 months immediately
351	preceding the submission of the application, which meet
352	specifications prescribed by rule of the department. All other
353	applicants shall submit one photograph taken within the 6 months
354	immediately preceding the submission of the application.
355	(4)(5)  In addition to the application requirements
356	outlined under subsection (3), the applicant for a Class "C,"
357	Class "E," Class "M," Class "MA," Class "MB," or Class "MR"
358	license shall include a statement on a form provided by the
359	department of the experience which he or she believes will
360	qualify him or her for such license.
361	(5)(6)  In addition to the requirements outlined in
362	subsection (3), an applicant for a Class "G" license shall
363	satisfy minimum training criteria for firearms established by
364	rule of the department, which training criteria shall include,
365	but is not limited to, 28 hours of range and classroom training
366	taught and administered by a Class "K" licensee; however, no
367	more than 8 hours of such training shall consist of range
368	training. If the applicant can show proof that he or she is an
369	active law enforcement officer currently certified under the
370	Criminal Justice Standards and Training Commission or has
371	completed the training required for that certification within
372	the last 12 months, or if the applicant submits one of the
373	certificates specified in paragraph (6)(a) (7)(a), the
374	department may waive the foregoing firearms training
375	requirement.
376	(6)(7)  In addition to the requirements under subsection
377	(3), an applicant for a Class "K" license shall:
378	(a)  Submit one of the following certificates:
379	1.  The Florida Criminal Justice Standards and Training
380	Commission Firearms Instructor's Certificate and confirmation by
381	the commission that the applicant is authorized to provide
382	firearms instruction.
383	2.  The National Rifle Association Law Enforcement Police
384	Firearms Instructor's Certificate.
385	3.  The National Rifle Association Security Firearms
386	Instructor's Certificate.
387	3.4.  A firearms instructor's training certificate issued
388	by any branch of the United States Armed Forces, from a federal
389	law enforcement academy or agency, state, county, or a law
390	enforcement municipal police academy or agency in this state
391	recognized as such by the Criminal Justice Standards and
392	Training Commission or by the Department of Education.
393	(b)  Pay the fee for and pass an examination administered
394	by the department which shall be based upon, but is not
395	necessarily limited to, a firearms instruction manual provided
396	by the department.
397	(7)(8)  In addition to the application requirements for
398	individuals, partners, or officers outlined under subsection
399	(3), the application for an agency license shall contain the
400	following information:
401	(a)  The proposed name under which the agency intends to
402	operate.
403	(b)  The street address, mailing address, and telephone
404	numbers of the principal location at which business is to be
405	conducted in this state.
406	(c)  The street address, mailing address, and telephone
407	numbers of all branch offices within this state.
408	(d)  The names and titles of all partners or, in the case
409	of a corporation, the names and titles of its principal
410	officers.
411	(8)(9)  Upon submission of a complete application, a Class
412	"CC," Class "C," Class "D," Class "EE," Class "E," Class "M,"
413	Class "MA," Class "MB," or Class "MR" applicant may commence
414	employment or appropriate duties for a licensed agency or branch
415	office. However, the Class "C" or Class "E" applicant must work
416	under the direction and control of a sponsoring licensee while
417	his or her application is being processed. If the department
418	denies application for licensure, the employment of the
419	applicant must be terminated immediately, unless he or she
420	performs only unregulated duties.
421	Section 6.  Paragraph (f) of subsection (1) and paragraph
422	(a) of subsection (2) of section 493.6106, Florida Statutes, are
423	amended, and paragraph (g) is added to subsection (1) of that
424	section, to read:
425	493.6106  License requirements; posting.-
426	(1)  Each individual licensed by the department must:
427	(f)  Be a citizen or permanent legal resident alien of the
428	United States or have appropriate been granted authorization
429	issued to seek employment in this country by the United States
430	Bureau of Citizenship and Immigration Services of the United
431	States Department of Homeland Security.
432	1.  An applicant for a Class "C," Class "CC," Class "D,"
433	Class "DI," Class "E," Class "EE," Class "M," Class "MA," Class
434	"MB," Class "MR," or Class "RI" license who is not a United
435	States citizen must submit proof of current employment
436	authorization issued by the United States Bureau of Citizenship
437	and Immigration Services or proof that she or he is deemed a
438	permanent legal resident alien by the United States Bureau of
439	Citizenship and Immigration Services.
440	2.  An applicant for a Class "G" or Class "K" license who
441	is not a United States citizen must submit proof that she or he
442	is deemed a permanent legal resident alien by the United States
443	Bureau of Citizenship and Immigration Services, together with
444	additional documentation establishing that she or he has resided
445	in the state of residence shown on the application for at least
446	90 consecutive days before the date that the application is
447	submitted.
448	3.  An applicant for an agency or school license who is not
449	a United States citizen or permanent legal resident alien must
450	submit documentation issued by the United States Bureau of
451	Citizenship and Immigration Services stating that she or he is
452	lawfully in the United States and is authorized to own and
453	operate the type of agency or school for which she or he is
454	applying. An employment authorization card issued by the United
455	States Bureau of Citizenship and Immigration Services is not
456	sufficient documentation.
457	(g)  Not be prohibited from purchasing or possessing a
458	firearm by state or federal law if the individual is applying
459	for a Class "G" license or a Class "K" license.
460	(2)  Each agency shall have a minimum of one physical
461	location within this state from which the normal business of the
462	agency is conducted, and this location shall be considered the
463	primary office for that agency in this state.
464	(a)  If an agency or branch office desires to change the
465	physical location of the business, as it appears on the agency
466	license, the department must be notified within 10 days of the
467	change, and, except upon renewal, the fee prescribed in s.
468	493.6107 must be submitted for each license requiring revision.
469	Each license requiring revision must be returned with such
470	notification.
471	Section 7.  Subsection (3) of section 493.6107, Florida
472	Statutes, is amended to read:
473	493.6107  Fees.-
474	(3)  The fees set forth in this section must be paid by
475	certified check or money order or, at the discretion of the
476	department, by agency check at the time the application is
477	approved, except that the applicant for a Class "G" or Class "M"
478	license must pay the license fee at the time the application is
479	made. If a license is revoked or denied or if the application is
480	withdrawn, the license fee shall not be refunded.
481	Section 8.  Paragraph (a) of subsection (1) and subsection
482	(3) of section 493.6108, Florida Statutes, are amended to read:
483	493.6108  Investigation of applicants by Department of
484	Agriculture and Consumer Services.-
485	(1)  Except as otherwise provided, prior to the issuance of
486	a license under this chapter, the department shall make an
487	investigation of the applicant for a license. The investigation
488	shall include:
489	(a)1.  An examination of fingerprint records and police
490	records. When a criminal history analysis of any applicant under
491	this chapter is performed by means of fingerprint card
492	identification, the time limitations prescribed by s. 120.60(1)
493	shall be tolled during the time the applicant's fingerprint card
494	is under review by the Department of Law Enforcement or the
495	United States Department of Justice, Federal Bureau of
496	Investigation.
497	2.  If a legible set of fingerprints, as determined by the
498	Department of Law Enforcement or the Federal Bureau of
499	Investigation, cannot be obtained after two attempts, the
500	Department of Agriculture and Consumer Services may determine
501	the applicant's eligibility based upon a criminal history record
502	check under the applicant's name conducted by the Department of
503	Law Enforcement if the and the Federal Bureau of Investigation.
504	A set of fingerprints are taken by a law enforcement agency or
505	the department and the applicant submits a written statement
506	signed by the fingerprint technician or a licensed physician
507	stating that there is a physical condition that precludes
508	obtaining a legible set of fingerprints or that the fingerprints
509	taken are the best that can be obtained is sufficient to meet
510	this requirement.
511	(3)  The department shall also investigate the mental
512	history and current mental and emotional fitness of any Class
513	"G" or Class "K" applicant, and may deny a Class "G" or Class
514	"K" license to anyone who has a history of mental illness or
515	drug or alcohol abuse.
516	Section 9.  Subsection (4) of section 493.6111, Florida
517	Statutes, is amended to read:
518	493.6111  License; contents; identification card.-
519	(4)  Notwithstanding the existence of a valid Florida
520	corporate registration, an no agency or school licensee may not
521	conduct activities regulated under this chapter under any
522	fictitious name without prior written authorization from the
523	department to use that name in the conduct of activities
524	regulated under this chapter. The department may not authorize
525	the use of a name which is so similar to that of a public
526	officer or agency, or of that used by another licensee, that the
527	public may be confused or misled thereby. The authorization for
528	the use of a fictitious name shall require, as a condition
529	precedent to the use of such name, the filing of a certificate
530	of engaging in business under a fictitious name under s. 865.09.
531	A No licensee may not shall be permitted to conduct business
532	under more than one fictitious name except as separately
533	licensed nor shall the license be valid to protect any licensee
534	who is engaged in the business under any name other than that
535	specified in the license. An agency desiring to change its
536	licensed name shall notify the department and, except upon
537	renewal, pay a fee not to exceed $30 for each license requiring
538	revision including those of all licensed employees except Class
539	"D" or Class "G" licensees. Upon the return of such licenses to
540	the department, revised licenses shall be provided.
541	Section 10.  Subsection (2) and paragraph (a) of subsection
542	(3) of section 493.6113, Florida Statutes, are amended to read:
543	493.6113  Renewal application for licensure.-
544	(2)  At least No less than 90 days before prior to the
545	expiration date of the license, the department shall mail a
546	written notice to the last known mailing residence address of
547	the licensee for individual licensees and to the last known
548	agency address for agencies.
549	(3)  Each licensee shall be responsible for renewing his or
550	her license on or before its expiration by filing with the
551	department an application for renewal accompanied by payment of
552	the prescribed license fee.
553	(a)  Each Class "B" Class "A," Class "B," or Class "R"
554	licensee shall additionally submit on a form prescribed by the
555	department a certification of insurance which evidences that the
556	licensee maintains coverage as required under s. 493.6110.
557	Section 11.  Subsection (8), paragraph (d) of subsection
558	(12), and subsection (16) of section 493.6115, Florida Statutes,
559	are amended to read:
560	493.6115  Weapons and firearms.-
561	(8)  A Class "G" applicant must satisfy the minimum
562	training criteria as set forth in s. 493.6105(5)(6) and as
563	established by rule of the department.
564	(12)  The department may issue a temporary Class "G"
565	license, on a case-by-case basis, if:
566	(d)  The applicant has received approval from the
567	department subsequent to its conduct of a criminal history
568	record check as authorized in s. 493.6108(1)(a)1. 493.6121(6).
569	(16)  If the criminal history record check program
570	referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the
571	department may issue a temporary "G" license on a case-by-case
572	basis, provided that the applicant has met all statutory
573	requirements for the issuance of a temporary "G" license as
574	specified in subsection (12), excepting the criminal history
575	record check stipulated there; provided, that the department
576	requires that the licensed employer of the applicant conduct a
577	criminal history record check of the applicant pursuant to
578	standards set forth in rule by the department, and provide to
579	the department an affidavit containing such information and
580	statements as required by the department, including a statement
581	that the criminal history record check did not indicate the
582	existence of any criminal history that would prohibit licensure.
583	Failure to properly conduct such a check, or knowingly providing
584	incorrect or misleading information or statements in the
585	affidavit shall constitute grounds for disciplinary action
586	against the licensed agency, including revocation of license.
587	Section 12.  Paragraph (u) of subsection (1) of section
588	493.6118, Florida Statutes, is redesignated as paragraph (v),
589	and a new paragraph (u) is added to that subsection to read:
590	493.6118  Grounds for disciplinary action.-
591	(1)  The following constitute grounds for which
592	disciplinary action specified in subsection (2) may be taken by
593	the department against any licensee, agency, or applicant
594	regulated by this chapter, or any unlicensed person engaged in
595	activities regulated under this chapter.
596	(u)  For a Class "G" or a Class "K" applicant or licensee,
597	being prohibited from purchasing or possessing a firearm by
598	state or federal law.
599	Section 13.  Subsections (7) and (8) of section 493.6121,
600	Florida Statutes, are renumbered as subsections (6) and (7),
601	respectively, and present subsection (6) of that section is
602	amended, to read:
603	493.6121  Enforcement; investigation.-
604	(6)  The department shall be provided access to the program
605	that is operated by the Department of Law Enforcement, pursuant
606	to s. 790.065, for providing criminal history record information
607	to licensed gun dealers, manufacturers, and exporters. The
608	department may make inquiries, and shall receive responses in
609	the same fashion as provided under s. 790.065. The department
610	shall be responsible for payment to the Department of Law
611	Enforcement of the same fees as charged to others afforded
612	access to the program.
613	Section 14.  Subsection (3) of section 493.6202, Florida
614	Statutes, is amended to read:
615	493.6202  Fees.-
616	(3)  The fees set forth in this section must be paid by
617	certified check or money order or, at the discretion of the
618	department, by agency check at the time the application is
619	approved, except that the applicant for a Class "G," Class "C,"
620	Class "CC," Class "M," or Class "MA" license must pay the
621	license fee at the time the application is made. If a license is
622	revoked or denied or if the application is withdrawn, the
623	license fee shall not be refunded.
624	Section 15.  Subsections (2), (4), and (6) of section
625	493.6203, Florida Statutes, are amended to read:
626	493.6203  License requirements.-In addition to the license
627	requirements set forth elsewhere in this chapter, each
628	individual or agency shall comply with the following additional
629	requirements:
630	(2)  An applicant for a Class "MA" license shall have 2
631	years of lawfully gained, verifiable, full-time experience, or
632	training in:
633	(a)  Private investigative work or related fields of work
634	that provided equivalent experience or training;
635	(b)  Work as a Class "CC" licensed intern;
636	(c)  Any combination of paragraphs (a) and (b);
637	(d)  Experience described in paragraph (a) for 1 year and
638	experience described in paragraph (e) for 1 year;
639	(e)  No more than 1 year using:
640	1.  College coursework related to criminal justice,
641	criminology, or law enforcement administration; or
642	2.  Successfully completed law enforcement-related training
643	received from any federal, state, county, or municipal agency;
644	or
645	(f)  Experience described in paragraph (a) for 1 year and
646	work in a managerial or supervisory capacity for 1 year.
647
648	However, experience in performing bodyguard services is not
649	creditable toward the requirements of this subsection.
650	(4)  An applicant for a Class "C" license shall have 2
651	years of lawfully gained, verifiable, full-time experience, or
652	training in one, or a combination of more than one, of the
653	following:
654	(a)  Private investigative work or related fields of work
655	that provided equivalent experience or training.
656	(b)  College coursework related to criminal justice,
657	criminology, or law enforcement administration, or successful
658	completion of any law enforcement-related training received from
659	any federal, state, county, or municipal agency, except that no
660	more than 1 year may be used from this category.
661	(c)  Work as a Class "CC" licensed intern.
662
663	However, experience in performing bodyguard services is not
664	creditable toward the requirements of this subsection.
665	(6)(a)  A Class "CC" licensee shall serve an internship
666	under the direction and control of a designated sponsor, who is
667	a Class "C," Class "MA," or Class "M" licensee.
668	(b)  Effective July 1, 2010 September 1, 2008, before
669	submission of an application to the department, the an applicant
670	for a Class "CC" license must have completed a minimum of 40 at
671	least 24 hours of professional training a 40-hour course
672	pertaining to general investigative techniques and this chapter,
673	which course is offered by a state university or by a school,
674	community college, college, or university under the purview of
675	the Department of Education, and the applicant must pass an
676	examination. The training must be provided in two parts, one 24-
677	hour course and one 16-hour course. The certificate evidencing
678	satisfactory completion of the 40 at least 24 hours of
679	professional training a 40-hour course must be submitted with
680	the application for a Class "CC" license. The remaining 16 hours
681	must be completed and an examination passed within 180 days. If
682	documentation of completion of the required training is not
683	submitted within the specified timeframe, the individual's
684	license is automatically suspended or his or her authority to
685	work as a Class "CC" pursuant to s. 493.6105(9) is rescinded
686	until such time as proof of certificate of completion is
687	provided to the department. The training course specified in
688	this paragraph may be provided by face-to-face presentation,
689	online technology, or a home study course in accordance with
690	rules and procedures of the Department of Education. The
691	administrator of the examination must verify the identity of
692	each applicant taking the examination.
693	1.  Upon an applicant's successful completion of each part
694	of the approved training course and passage of any required
695	examination, the school, community college, college, or
696	university shall issue a certificate of completion to the
697	applicant. The certificates must be on a form established by
698	rule of the department.
699	2.  The department shall establish by rule the general
700	content of the professional training course and the examination
701	criteria.
702	3.  If the license of an applicant for relicensure is has
703	been invalid for more than 1 year, the applicant must complete
704	the required training and pass any required examination.
705	(c)  An individual who submits an application for a Class
706	"CC" license on or after September 1, 2008, through June 30,
707	2010, who has not completed the 16-hour course must submit proof
708	of successful completion of the course within 180 days after the
709	date the application is submitted. If documentation of
710	completion of the required training is not submitted by that
711	date, the individual's license is automatically suspended until
712	proof of the required training is submitted to the department.
713	An individual licensed on or before August 31, 2008, is not
714	required to complete additional training hours in order to renew
715	an active license beyond the required total amount of training,
716	and within the timeframe, in effect at the time he or she was
717	licensed.
718	Section 16.  Subsection (3) of section 493.6302, Florida
719	Statutes, is amended to read:
720	493.6302  Fees.-
721	(3)  The fees set forth in this section must be paid by
722	certified check or money order or, at the discretion of the
723	department, by agency check at the time the application is
724	approved, except that the applicant for a Class "D," Class "G,"
725	Class "M," or Class "MB" license must pay the license fee at the
726	time the application is made. If a license is revoked or denied
727	or if the application is withdrawn, the license fee shall not be
728	refunded.
729	Section 17.  Subsection (4) of section 493.6303, Florida
730	Statutes, is amended to read:
731	493.6303  License requirements.-In addition to the license
732	requirements set forth elsewhere in this chapter, each
733	individual or agency shall comply with the following additional
734	requirements:
735	(4)(a)  Effective July 1, 2010, an applicant for a Class
736	"D" license must submit proof of successful completion of
737	complete a minimum of 40 hours of professional training at a
738	school or training facility licensed by the department. The
739	training must be provided in two parts, one 24-hour course and
740	one 16-hour course. The department shall by rule establish the
741	general content and number of hours of each subject area to be
742	taught.
743	(b)  An individual who submits an application for a Class
744	"D" license on or after January 1, 2007, through June 30, 2010,
745	who has not completed the 16-hour course must submit proof of
746	successful completion of the course within 180 days after the
747	date the application is submitted. If documentation of
748	completion of the required training is not submitted by that
749	date, the individual's license is automatically suspended until
750	proof of the required training is submitted to the department.
751	This section does not require a person licensed before January
752	1, 2007, to complete additional training hours in order to renew
753	an active license beyond the required total amount of training
754	within the timeframe prescribed by law at the time he or she was
755	licensed. An applicant may fulfill the training requirement
756	prescribed in paragraph (a) by submitting proof of:
757	1.  Successful completion of the total number of required
758	hours of training before initial application for a Class "D"
759	license; or
760	2.  Successful completion of 24 hours of training before
761	initial application for a Class "D" license and successful
762	completion of the remaining 16 hours of training within 180 days
763	after the date that the application is submitted. If
764	documentation of completion of the required training is not
765	submitted within the specified timeframe, the individual's
766	license is automatically suspended until such time as proof of
767	the required training is provided to the department.
768	(c)  An individual However, any person whose license is
769	suspended or has been revoked, suspended pursuant to paragraph
770	(b) subparagraph 2., or is expired for at least 1 year, or
771	longer is considered, upon reapplication for a license, an
772	initial applicant and must submit proof of successful completion
773	of 40 hours of professional training at a school or training
774	facility licensed by the department as provided prescribed in
775	paragraph (a) before a license is will be issued. Any person
776	whose license was issued before January 1, 2007, and whose
777	license has been expired for less than 1 year must, upon
778	reapplication for a license, submit documentation of completion
779	of the total number of hours of training prescribed by law at
780	the time her or his initial license was issued before another
781	license will be issued. This subsection does not require an
782	individual licensed before January 1, 2007, to complete
783	additional training hours in order to renew an active license,
784	beyond the required total amount of training within the
785	timeframe prescribed by law at the time she or he was licensed.
786	Section 18.  Subsection (2) of section 493.6304, Florida
787	Statutes, is amended to read:
788	493.6304  Security officer school or training facility.-
789	(2)  The application shall be signed and verified by the
790	applicant under oath as provided in s. 92.525 notarized and
791	shall contain, at a minimum, the following information:
792	(a)  The name and address of the school or training
793	facility and, if the applicant is an individual, her or his
794	name, address, and social security or alien registration number.
795	(b)  The street address of the place at which the training
796	is to be conducted.
797	(c)  A copy of the training curriculum and final
798	examination to be administered.
799	Section 19.  Subsections (7) and (8) of section 493.6401,
800	Florida Statutes, are amended to read:
801	493.6401  Classes of licenses.-
802	(7)  Any person who operates a recovery agent repossessor
803	school or training facility or who conducts an Internet-based
804	training course or a correspondence training course must have a
805	Class "RS" license.
806	(8)  Any individual who teaches or instructs at a Class
807	"RS" recovery agent repossessor school or training facility
808	shall have a Class "RI" license.
809	Section 20.  Paragraphs (f) and (g) of subsection (1) and
810	subsection (3) of section 493.6402, Florida Statutes, are
811	amended to read:
812	493.6402  Fees.-
813	(1)  The department shall establish by rule biennial
814	license fees which shall not exceed the following:
815	(f)  Class "RS" license-recovery agent repossessor school
816	or training facility: $60.
817	(g)  Class "RI" license-recovery agent repossessor school
818	or training facility instructor: $60.
819	(3)  The fees set forth in this section must be paid by
820	certified check or money order, or, at the discretion of the
821	department, by agency check at the time the application is
822	approved, except that the applicant for a Class "E," Class "EE,"
823	or Class "MR" license must pay the license fee at the time the
824	application is made. If a license is revoked or denied, or if an
825	application is withdrawn, the license fee shall not be refunded.
826	Section 21.  Subsections (1) and (2) of section 493.6406,
827	Florida Statutes, are amended to read:
828	493.6406  Recovery agent Repossession services school or
829	training facility.-
830	(1)  Any school, training facility, or instructor who
831	offers the training outlined in s. 493.6403(2) for Class "E" or
832	Class "EE" applicants shall, before licensure of such school,
833	training facility, or instructor, file with the department an
834	application accompanied by an application fee in an amount to be
835	determined by rule, not to exceed $60. The fee shall not be
836	refundable. This training may be offered as face-to-face
837	training, Internet-based training, or correspondence training.
838	(2)  The application shall be signed and verified by the
839	applicant under oath as provided in s. 92.525 notarized and
840	shall contain, at a minimum, the following information:
841	(a)  The name and address of the school or training
842	facility and, if the applicant is an individual, his or her
843	name, address, and social security or alien registration number.
844	(b)  The street address of the place at which the training
845	is to be conducted or the street address of the Class "RS"
846	school offering Internet-based or correspondence training.
847	(c)  A copy of the training curriculum and final
848	examination to be administered.
849	Section 22.  Paragraph (a) of subsection (2) of section
850	501.605, Florida Statutes, is amended to read:
851	501.605  Licensure of commercial telephone sellers.-
852	(2)  An applicant for a license as a commercial telephone
853	seller must submit to the department, in such form as it
854	prescribes, a written application for the license. The
855	application must set forth the following information:
856	(a)  The true name, date of birth, driver's license number,
857	social security number, and home address of the applicant,
858	including each name under which he or she intends to do
859	business.
860
861	The application shall be accompanied by a copy of any: Script,
862	outline, or presentation the applicant will require or suggest a
863	salesperson to use when soliciting, or, if no such document is
864	used, a statement to that effect; sales information or
865	literature to be provided by the applicant to a salesperson; and
866	sales information or literature to be provided by the applicant
867	to a purchaser in connection with any solicitation.
868	Section 23.  Paragraph (a) of subsection (1) of section
869	501.607, Florida Statutes, is amended to read:
870	501.607  Licensure of salespersons.-
871	(1)  An applicant for a license as a salesperson must
872	submit to the department, in such form as it prescribes, a
873	written application for a license. The application must set
874	forth the following information:
875	(a)  The true name, date of birth, driver's license number,
876	social security number, and home address of the applicant.
877	Section 24.  Subsection (2) of section 501.913, Florida
878	Statutes, is amended to read:
879	501.913  Registration.-
880	(2)  The completed application shall be accompanied by:
881	(a)  Specimens or facsimiles of the label for each brand of
882	antifreeze;
883	(b)  An application fee of $200 for each brand; and
884	(c)  A properly labeled sample of at least 1 gallon, but
885	not more than 2 gallons, of each brand of antifreeze.
886	Section 25.  Subsection (2) of section 525.01, Florida
887	Statutes, is amended to read:
888	525.01  Gasoline and oil to be inspected.-
889	(2)  All petroleum fuels are shall be subject to inspection
890	and analysis by the department. Before selling or offering for
891	sale in this state any petroleum fuel, all manufacturers,
892	terminal suppliers, wholesalers, and importers as defined in s.
893	206.01 jobbers shall file with the department:
894	(a)  An affidavit that they desire to do business in this
895	state, and the name and address of the manufacturer of the
896	petroleum fuel.
897	(b)  An affidavit stating that the petroleum fuel is in
898	conformity with the standards prescribed by department rule.
899	Section 26.  Subsections (1) and (3) of section 525.09,
900	Florida Statutes, are amended to read:
901	525.09  Inspection fee.-
902	(1)  For the purpose of defraying the expenses incident to
903	inspecting, testing, and analyzing petroleum fuels in this
904	state, there shall be paid to the department a charge of one-
905	eighth cent per gallon on all gasoline, alternative fuel
906	containing alcohol as defined in s. 525.01(1)(c)1. or 2.,
907	kerosene (except when used as aviation turbine fuel), and #1
908	fuel oil for sale or use in this state. This inspection fee
909	shall be imposed in the same manner as the motor fuel tax
910	pursuant to s. 206.41. Payment shall be made on or before the
911	25th day of each month.
912	(3)  All remittances to the department for the inspection
913	tax herein provided shall be accompanied by a detailed report
914	under oath showing the number of gallons of gasoline,
915	alternative fuel containing alcohol as defined in s.
916	525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered
917	in each county.
918	Section 27.  Section 526.50, Florida Statutes, is amended
919	to read:
920	526.50  Definition of terms.-As used in this part:
921	(1)  "Brake fluid" means the fluid intended for use as the
922	liquid medium through which force is transmitted in the
923	hydraulic brake system of a vehicle operated upon the highways.
924	(2)  "Brand" means the product name appearing on the label
925	of a container of brake fluid.
926	(3)(5)  "Container" means any receptacle in which brake
927	fluid is immediately contained when sold, but does not mean a
928	carton or wrapping in which a number of such receptacles are
929	shipped or stored or a tank car or truck.
930	(4)(2)  "Department" means the Department of Agriculture
931	and Consumer Services.
932	(5)  "Formula" means the name of the chemical mixture or
933	composition of the brake fluid product.
934	(6)(4)  "Labeling" includes all written, printed or graphic
935	representations, in any form whatsoever, imprinted upon or
936	affixed to any container of brake fluid.
937	(7)(6)  "Permit year" means a period of 12 months
938	commencing July 1 and ending on the next succeeding June 30.
939	(8)(7)  "Registrant" means any manufacturer, packer,
940	distributor, seller, or other person who has registered a brake
941	fluid with the department.
942	(9)(3)  "Sell" includes give, distribute, barter, exchange,
943	trade, keep for sale, offer for sale or expose for sale, in any
944	of their variant forms.
945	Section 28.  Paragraph (a) of subsection (1) of section
946	526.51, Florida Statutes, is amended to read:
947	526.51  Registration; renewal and fees; departmental
948	expenses; cancellation or refusal to issue or renew.-
949	(1)(a)  Application for registration of each brand of brake
950	fluid shall be made on forms to be supplied by the department.
951	The applicant shall give his or her name and address and the
952	brand name of the brake fluid, state that he or she owns the
953	brand name and has complete control over the product sold
954	thereunder in Florida, and provide the name and address of the
955	resident agent in Florida. If the applicant does not own the
956	brand name but wishes to register the product with the
957	department, a notarized affidavit that gives the applicant full
958	authorization to register the brand name and that is signed by
959	the owner of the brand name must accompany the application for
960	registration. The affidavit must include all affected brand
961	names, the owner's company or corporate name and address, the
962	applicant's company or corporate name and address, and a
963	statement from the owner authorizing the applicant to register
964	the product with the department. The owner of the brand name
965	shall maintain complete control over each product sold under
966	that brand name in this state. All first-time brand-formula
967	combination new product applications must be accompanied by a
968	certified report from an independent testing laboratory, setting
969	forth the analysis of the brake fluid which shall show its
970	quality to be not less than the specifications established by
971	the department for brake fluids. A sample of not less than 24
972	fluid ounces of brake fluid shall be submitted, in a container
973	or containers, with labels representing exactly how the
974	containers of brake fluid will be labeled when sold, and the
975	sample and container shall be analyzed and inspected by the
976	Division of Standards in order that compliance with the
977	department's specifications and labeling requirements may be
978	verified. Upon approval of the application, the department shall
979	register the brand name of the brake fluid and issue to the
980	applicant a permit authorizing the registrant to sell the brake
981	fluid in this state during the permit year specified in the
982	permit.
983	Section 29.  Paragraph (a) of subsection (3) of section
984	526.52, Florida Statutes, is amended to read:
985	526.52  Specifications; adulteration and misbranding.-
986	(3)  Brake fluid is deemed to be misbranded:
987	(a)  If its container does not bear on its side or top a
988	label on which is printed the name and place of business of the
989	registrant of the product, the words "brake fluid," and a
990	statement that the product therein equals or exceeds the minimum
991	specification of the Society of Automotive Engineers for heavy-
992	duty-type brake fluid or equals or exceeds Federal Motor Vehicle
993	Safety Standard No. 116 adopted by the United States Department
994	of Transportation, heavy-duty-type. By regulation the department
995	may require that the duty-type classification appear on the
996	label.
997	Section 30.  Subsection (2) of section 526.53, Florida
998	Statutes, is amended to read:
999	526.53  Enforcement; inspection and analysis, stop-sale and
1000	disposition, regulations.-
1001	(2)(a)  When any brake fluid is sold in violation of any of
1002	the provisions of this part, all such affected brake fluid of
1003	the same brand name on the same premises on which the violation
1004	occurred shall be placed under a stop-sale order by the
1005	department by serving the owner of the brand name, distributor,
1006	or other entity responsible for selling or distributing the
1007	product in the state with the stop-sale order. The department
1008	shall withdraw its stop-sale order upon the removal of the
1009	violation or upon voluntary destruction of the product, or other
1010	disposal approved by the department, under the supervision of
1011	the department.
1012	(b)  In addition to being subject to the stop-sale
1013	procedures above, unregistered brake fluid shall be held by the
1014	department or its representative, at a place to be designated in
1015	the stop-sale order, until properly registered and released in
1016	writing by the department or its representative. If application
1017	is has not been made for registration of the such product within
1018	30 days after issue of the stop-sale order, such product shall
1019	be disposed of by the department, or, with the department's
1020	consent, by the business, to any tax-supported institution or
1021	agency of the state if the brake fluid meets legal
1022	specifications or by other disposal authorized by rule of the
1023	department if it fails to meet legal specifications.
1024	Section 31.  Subsections (1) and (3) and paragraphs (a) and
1025	(c) of subsection (5) of section 527.0201, Florida Statutes, are
1026	amended to read:
1027	527.0201  Qualifiers; master qualifiers; examinations.-
1028	(1)  In addition to the requirements of s. 527.02, any
1029	person applying for a license to engage in the activities of a
1030	pipeline system operator, category I liquefied petroleum gas
1031	dealer, category II liquefied petroleum gas dispenser, category
1032	IV liquefied petroleum gas dispenser and recreational vehicle
1033	servicer, category V liquefied petroleum gases dealer for
1034	industrial uses only, LP gas installer, specialty installer,
1035	requalifier requalification of cylinders, or fabricator,
1036	repairer, and tester of vehicles and cargo tanks must prove
1037	competency by passing a written examination administered by the
1038	department or its agent with a grade of at least 75 percent in
1039	each area tested or above. Each applicant for examination shall
1040	submit a $20 nonrefundable fee. The department shall by rule
1041	specify the general areas of competency to be covered by each
1042	examination and the relative weight to be assigned in grading
1043	each area tested.
1044	(3)  Qualifier cards issued to category I liquefied
1045	petroleum gas dealers and liquefied petroleum gas installers
1046	shall expire 3 years after the date of issuance. All category I
1047	liquefied petroleum gas dealer qualifiers and liquefied
1048	petroleum gas installer qualifiers holding a valid qualifier
1049	card upon the effective date of this act shall retain their
1050	qualifier status until July 1, 2003, and may sit for the master
1051	qualifier examination at any time during that time period. All
1052	such category I liquefied petroleum gas dealer qualifiers and
1053	liquefied petroleum gas installer qualifiers may renew their
1054	qualification on or before July 1, 2003, upon application to the
1055	department, payment of a $20 renewal fee, and documentation of
1056	the completion of a minimum of 16 12 hours of approved
1057	continuing education courses, as defined by department rule,
1058	during the previous 3-year period. Applications for renewal must
1059	be made 30 calendar days prior to expiration. Persons failing to
1060	renew prior to the expiration date must reapply and take a
1061	qualifier competency examination in order to reestablish
1062	category I liquefied petroleum gas dealer qualifier and
1063	liquefied petroleum gas installer qualifier status. If a
1064	category I liquefied petroleum gas qualifier or liquefied
1065	petroleum gas installer qualifier becomes a master qualifier at
1066	any time during the effective date of the qualifier card, the
1067	card shall remain in effect until expiration of the master
1068	qualifier certification.
1069	(5)  In addition to all other licensing requirements, each
1070	category I liquefied petroleum gas dealer and liquefied
1071	petroleum gas installer must, at the time of application for
1072	licensure, identify to the department one master qualifier who
1073	is a full-time employee at the licensed location. This person
1074	shall be a manager, owner, or otherwise primarily responsible
1075	for overseeing the operations of the licensed location and must
1076	provide documentation to the department as provided by rule. The
1077	master qualifier requirement shall be in addition to the
1078	requirements of subsection (1).
1079	(a)  In order to apply for certification as a master
1080	qualifier, each applicant must be a category I liquefied
1081	petroleum gas dealer qualifier or liquefied petroleum gas
1082	installer qualifier, must be employed by a licensed category I
1083	liquefied petroleum gas dealer, liquefied petroleum gas
1084	installer, or applicant for such license, must provide
1085	documentation of a minimum of 1 year's work experience in the
1086	gas industry, and must pass a master qualifier competency
1087	examination. Master qualifier examinations shall be based on
1088	Florida's laws, rules, and adopted codes governing liquefied
1089	petroleum gas safety, general industry safety standards, and
1090	administrative procedures. The examination must be successfully
1091	passed completed by the applicant with a grade of at least 75
1092	percent or more. Each applicant for master qualifier status
1093	shall submit to the department a nonrefundable $30 examination
1094	fee prior to the examination.
1095	(c)  Master qualifier status shall expire 3 years after the
1096	date of issuance of the certificate and may be renewed by
1097	submission to the department of documentation of completion of
1098	at least 16 12 hours of approved continuing education courses
1099	during the 3-year period; proof of employment with a licensed
1100	category I liquefied petroleum gas dealer, liquefied petroleum
1101	gas installer, or applicant; and a $30 certificate renewal fee.
1102	The department shall define, by rule, approved courses of
1103	continuing education.
1104	Section 32.  Section 527.12, Florida Statutes, is amended
1105	to read:
1106	527.12  Cease and desist orders; stop-use orders; stop-
1107	operation orders; stop-sale orders; administrative fines.-
1108	(1)  Whenever the department has shall have reason to
1109	believe that any person is violating or has violated been
1110	violating provisions of this chapter or any rules adopted under
1111	this chapter pursuant thereto, the department it may issue a
1112	cease and desist order, or impose a civil penalty, or do both
1113	may issue such cease and desist order and impose a civil
1114	penalty.
1115	(2)  Whenever a person or liquefied petroleum gas system or
1116	storage facility, or any part or component thereof, fails to
1117	comply with this chapter or any rules adopted under this
1118	chapter, the department may issue a stop-use order, stop-
1119	operation order, or stop-sale order.
1120	Section 33.  Subsection (1) of section 559.805, Florida
1121	Statutes, is amended to read:
1122	559.805  Filings with the department; disclosure of
1123	advertisement identification number.-
1124	(1)  Every seller of a business opportunity shall annually
1125	file with the department a copy of the disclosure statement
1126	required by s. 559.803 before prior to placing an advertisement
1127	or making any other representation designed to offer to, sell
1128	to, or solicit an offer to buy a business opportunity from a
1129	prospective purchaser in this state and shall update this filing
1130	by reporting any material change in the required information
1131	within 30 days after the material change occurs. An
1132	advertisement is not placed in the state merely because the
1133	publisher circulates, or there is circulated on his or her
1134	behalf in the state, any bona fide newspaper or other
1135	publication of general, regular, and paid circulation which has
1136	had more than two-thirds of its circulation during the past 12
1137	months outside the state or because a radio or television
1138	program originating outside the state is received in the state.
1139	If the seller is required by s. 559.807 to provide a bond or
1140	establish a trust account or guaranteed letter of credit, he or
1141	she shall contemporaneously file with the department a copy of
1142	the bond, a copy of the formal notification by the depository
1143	that the trust account is established, or a copy of the
1144	guaranteed letter of credit. Every seller of a business
1145	opportunity shall file with the department a list of independent
1146	agents who will engage in the offer or sale of business
1147	opportunities on behalf of the seller in this state. This list
1148	must be kept current and shall include the following
1149	information: name, home and business address, telephone number,
1150	present employer, social security number, and birth date. A No
1151	person may not shall be allowed to offer or sell business
1152	opportunities unless the required information is has been
1153	provided to the department.
1154	Section 34.  Subsection (3) of section 559.928, Florida
1155	Statutes, is amended to read:
1156	559.928  Registration.-
1157	(3)  Each independent agent shall annually file an
1158	affidavit with the department before prior to engaging in
1159	business in this state. This affidavit must include the
1160	independent agent's full name, legal business or trade name,
1161	mailing address, business address, telephone number, social
1162	security number, and the name or names and addresses of each
1163	seller of travel represented by the independent agent. A letter
1164	evidencing proof of filing must be issued by the department and
1165	must be prominently displayed in the independent agent's primary
1166	place of business. Each independent agent must also submit an
1167	annual registration fee of $50. All moneys collected pursuant to
1168	the imposition of the fee shall be deposited by the Chief
1169	Financial Officer into the General Inspection Trust Fund of the
1170	Department of Agriculture and Consumer Services for the sole
1171	purpose of administrating this part. As used in this subsection,
1172	the term "independent agent" means a person who represents a
1173	seller of travel by soliciting persons on its behalf; who has a
1174	written contract with a seller of travel which is operating in
1175	compliance with this part and any rules adopted thereunder; who
1176	does not receive a fee, commission, or other valuable
1177	consideration directly from the purchaser for the seller of
1178	travel; who does not at any time have any unissued ticket stock
1179	or travel documents in his or her possession; and who does not
1180	have the ability to issue tickets, vacation certificates, or any
1181	other travel document. The term "independent agent" does not
1182	include an affiliate of the seller of travel, as that term is
1183	used in s. 559.935(3), or the employees of the seller of travel
1184	or of such affiliates.
1185	Section 35.  Subsection (7) of section 570.0725, Florida
1186	Statutes, is amended to read:
1187	570.0725  Food recovery; legislative intent; department
1188	functions.-
1189	(7)  For public information purposes, the department may
1190	shall develop and provide a public information brochure
1191	detailing the need for food banks and similar of food recovery
1192	programs, the benefit of such food recovery programs, the manner
1193	in which such organizations may become involved in such food
1194	recovery programs, and the protection afforded to such programs
1195	under s. 768.136, and the food recovery entities or food banks
1196	that exist in the state. This brochure must be updated annually.
1197	A food bank or similar food recovery organization seeking to be
1198	included on a list of such organizations must notify the
1199	department and provide the information required by rule of the
1200	department. Such organizations are responsible for updating the
1201	information and providing the updated information to the
1202	department. The department may adopt rules to implement this
1203	section.
1204	Section 36.  Paragraph (e) of subsection (6) of section
1205	570.53, Florida Statutes, is amended to read:
1206	570.53  Division of Marketing and Development; powers and
1207	duties.-The powers and duties of the Division of Marketing and
1208	Development include, but are not limited to:
1209	(6)
1210	(e)  Extending in every practicable way the distribution
1211	and sale of Florida agricultural products throughout the markets
1212	of the world as required of the department by s. ss. 570.07(7),
1213	(8), (10), and (11) and 570.071 and chapters 571, 573, and 574.
1214	Section 37.  Subsection (2) of section 570.54, Florida
1215	Statutes, is amended to read:
1216	570.54  Director; duties.-
1217	(2)  It shall be the duty of the director of this division
1218	to supervise, direct, and coordinate the activities authorized
1219	by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and
1220	(20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and
1221	chapters 504, 571, 573, and 574 and to exercise other powers and
1222	authority as authorized by the department.
1223	Section 38.  Subsection (4) of section 570.55, Florida
1224	Statutes, is amended to read:
1225	570.55  Identification of sellers or handlers of tropical
1226	or subtropical fruit and vegetables; containers specified;
1227	penalties.-
1228	(4)  IDENTIFICATION OF HANDLER.-At the time of each
1229	transaction involving the handling or sale of 55 pounds or more
1230	of tropical or subtropical fruit or vegetables in the primary
1231	channel of trade, the buyer or receiver of the tropical or
1232	subtropical fruit or vegetables shall demand a bill of sale,
1233	invoice, sales memorandum, or other document listing the date of
1234	the transaction, the quantity of the tropical or subtropical
1235	fruit or vegetables involved in the transaction, and the
1236	identification of the seller or handler as it appears on the
1237	driver's license of the seller or handler, including the
1238	driver's license number. If the seller or handler does not
1239	possess a driver's license, the buyer or receiver shall use any
1240	other acceptable means of identification, which may include, but
1241	is not limited to, i.e., voter's registration card and number,
1242	draft card, social security card, or other identification.
1243	However, no less than two identification documents shall be
1244	used. The identification of the seller or handler shall be
1245	recorded on the bill of sale, sales memorandum, invoice, or
1246	voucher, which shall be retained by the buyer or receiver for a
1247	period of not less than 1 year from the date of the transaction.
1248	Section 39.  Subsection (3) of section 570.902, Florida
1249	Statutes, is amended to read:
1250	570.902  Definitions; ss. 570.902 and 570.903.-For the
1251	purpose of ss. 570.902 and 570.903:
1252	(3)  "Museum" means the Florida Agricultural Museum which
1253	is designated as the museum for agriculture and rural history of
1254	the State of Florida.
1255	Section 40.  Section 570.903, Florida Statutes, is amended
1256	to read:
1257	570.903  Direct-support organization.-
1258	(1)  When the Legislature authorizes the establishment of a
1259	direct-support organization to provide assistance for the
1260	museums, the Florida Agriculture in the Classroom Program, the
1261	Florida State Collection of Arthropods, the Friends
1262	Florida State Forests Program of the Division of Forestry, and
1263	the Forestry Arson Alert Program, and other programs of the
1264	department, the following provisions shall govern the creation,
1265	use, powers, and duties of the direct-support organization.
1266	(a)  The department shall enter into a memorandum or letter
1267	of agreement with the direct-support organization, which shall
1268	specify the approval of the department, the powers and duties of
1269	the direct-support organization, and rules with which the
1270	direct-support organization shall comply.
1271	(b)  The department may permit, without charge, appropriate
1272	use of property, facilities, and personnel of the department by
1273	a direct-support organization, subject to the provisions of ss.
1274	570.902 and 570.903. The use shall be directly in keeping with
1275	the approved purposes of the direct-support organization and
1276	shall not be made at times or places that would unreasonably
1277	interfere with opportunities for the general public to use
1278	department facilities for established purposes.
1279	(c)  The department shall prescribe by contract or by rule
1280	conditions with which a direct-support organization shall comply
1281	in order to use property, facilities, or personnel of the
1282	department or museum. Such rules shall provide for budget and
1283	audit review and oversight by the department.
1284	(d)  The department shall not permit the use of property,
1285	facilities, or personnel of the museum, department, or
1286	designated program by a direct-support organization which does
1287	not provide equal employment opportunities to all persons
1288	regardless of race, color, religion, sex, age, or national
1289	origin.
1290	(2)(a)  The direct-support organization shall be empowered
1291	to conduct programs and activities; raise funds; request and
1292	receive grants, gifts, and bequests of money; acquire, receive,
1293	hold, invest, and administer, in its own name, securities,
1294	funds, objects of value, or other property, real or personal;
1295	and make expenditures to or for the direct or indirect benefit
1296	of the museum or designated program.
1297	(b)  Notwithstanding the provisions of s. 287.057, the
1298	direct-support organization may enter into contracts or
1299	agreements with or without competitive bidding for the
1300	restoration of objects, historical buildings, and other
1301	historical materials or for the purchase of objects, historical
1302	buildings, and other historical materials which are to be added
1303	to the collections of the museum, or benefit of the designated
1304	program. However, before the direct-support organization may
1305	enter into a contract or agreement without competitive bidding,
1306	the direct-support organization shall file a certification of
1307	conditions and circumstances with the internal auditor of the
1308	department justifying each contract or agreement.
1309	(c)  Notwithstanding the provisions of s. 287.025(1)(e),
1310	the direct-support organization may enter into contracts to
1311	insure property of the museum or designated programs and may
1312	insure objects or collections on loan from others in satisfying
1313	security terms of the lender.
1314	(3)  The direct-support organization shall provide for an
1315	annual financial audit in accordance with s. 215.981.
1316	(4)  Neither a designated program or a museum, nor a
1317	nonprofit corporation trustee or employee may:
1318	(a)  Receive a commission, fee, or financial benefit in
1319	connection with the sale or exchange of property historical
1320	objects or properties to the direct-support organization, the
1321	museum, or the designated program; or
1322	(b)  Be a business associate of any individual, firm, or
1323	organization involved in the sale or exchange of property to the
1324	direct-support organization, the museum, or the designated
1325	program.
1326	(5)  All moneys received by the direct-support organization
1327	shall be deposited into an account of the direct-support
1328	organization and shall be used by the organization in a manner
1329	consistent with the goals of the museum or designated program.
1330	(6)  The identity of a donor or prospective donor who
1331	desires to remain anonymous and all information identifying such
1332	donor or prospective donor are confidential and exempt from the
1333	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1334	Constitution.
1335	(7)  The Commissioner of Agriculture, or the commissioner's
1336	designee, may serve on the board of trustees and the executive
1337	committee of any direct-support organization established to
1338	benefit the museum or any designated program.
1339	(8)  The department shall establish by rule archival
1340	procedures relating to museum artifacts and records. The rules
1341	shall provide procedures which protect the museum's artifacts
1342	and records equivalent to those procedures which have been
1343	established by the Department of State under chapters 257 and
1344	267.
1345	Section 41.  Subsection (4) of section 573.118, Florida
1346	Statutes, is amended to read:
1347	573.118  Assessment; funds; audit; loans.-
1348	(4)  In the event of levying and collecting of assessments,
1349	for each fiscal year in which assessment funds are received by
1350	the department, the department shall maintain records of
1351	collections and expenditures for each marketing order separately
1352	within the state's accounting system. If requested by an
1353	advisory council, department staff shall cause to be made a
1354	thorough annual audit of the books and accounts by a certified
1355	public accountant, such audit to be completed within 60 days
1356	after the request is received end of the fiscal year. The
1357	advisory council department and all producers and handlers
1358	covered by the marketing order shall be provided a copy of the
1359	properly advised of the details of the annual official audit of
1360	the accounts as shown by the certified public accountant within
1361	30 days after completion of the audit.
1362	Section 42.  Subsections (18) through (30) of section
1363	581.011, Florida Statutes, are renumbered as subsections (17)
1364	through (29), respectively, and present subsections (17) and
1365	(20) of that section are amended to read:
1366	581.011  Definitions.-As used in this chapter:
1367	(17)  "Museum" means the Florida State Collection of
1368	Arthropods.
1369	(19)(20)  "Nursery" means any grounds or premises on or in
1370	which nursery stock is grown, propagated, or held for sale or
1371	distribution, including except where aquatic plant species are
1372	tended for harvest in the natural environment.
1373	Section 43.  Paragraph (a) of subsection (3) of section
1374	581.211, Florida Statutes, is amended to read:
1375	581.211  Penalties for violations.-
1376	(3)(a)1.  In addition to any other provision of law, the
1377	department may, after notice and hearing, impose an
1378	administrative fine not exceeding $10,000 $5,000 for each
1379	violation of this chapter, upon any person, nurseryman, stock
1380	dealer, agent or plant broker. The fine, when paid, shall be
1381	deposited in the Plant Industry Trust Fund. In addition, the
1382	department may place the violator on probation for up to 1 year,
1383	with conditions.
1384	2.  The imposition of a fine or probation pursuant to this
1385	subsection may be in addition to or in lieu of the suspension or
1386	revocation of a certificate of registration or certificate of
1387	inspection.
1388	Section 44.  Section 583.13, Florida Statutes, is amended
1389	to read:
1390	583.13  Labeling and advertising requirements for dressed
1391	poultry; unlawful acts.-
1392	(1)  It is unlawful for any dealer or broker to sell, offer
1393	for sale, or hold for the purpose of sale in the state any
1394	dressed or ready-to-cook poultry in bulk unless the such poultry
1395	is packed in a container clearly bearing a label, not less than
1396	3 inches by 5 inches, on which shall be plainly and legibly
1397	printed, in letters of not less than 1/4 inch high in height,
1398	the grade and the part name or whole-bird statement of such
1399	poultry. The grade may be expressed in the term "premium,"
1400	"good," or "standard," or as the grade of another state or
1401	federal agency the standards of quality of which, by law, are
1402	equal to the standards of quality provided by this law and rules
1403	promulgated hereunder.
1404	(2)  It is unlawful to sell unpackaged dressed or ready-to-
1405	cook poultry at retail unless such poultry is labeled by a
1406	placard immediately adjacent to the poultry or unless each bird
1407	is individually labeled to show the grade and the part name or
1408	whole-bird statement. The placard shall be no smaller than 7
1409	inches by 7 inches in size, and the required labeling
1410	information shall be legibly and plainly printed on the placard
1411	in letters not smaller than 1 inch in height.
1412	(3)  It is unlawful to sell packaged dressed or ready-to-
1413	cook poultry at retail unless such poultry is labeled to show
1414	the grade, the part name or whole-bird statement, the net weight
1415	of the poultry, and the name and address of the dealer. The size
1416	of the type on the label must be one-eighth inch or larger. A
1417	placard immediately adjacent to such poultry may be used to
1418	indicate the grade and the part name or whole-bird statement,
1419	but not the net weight of the poultry or the name and address of
1420	the dealer.
1421	(4)  It is unlawful to use dressed or ready-to-cook poultry
1422	in bulk in the preparation of food served to the public, or to
1423	hold such poultry for the purpose of such use, unless the
1424	poultry when received was packed in a container clearly bearing
1425	a label, not less than 3 inches by 5 inches, on which was
1426	plainly and legibly printed, in letters not less than 1/4 one-
1427	fourth inch high in height, the grade and the part name or
1428	whole-bird statement of such poultry. The grade may be expressed
1429	in the term "premium," "good," or "standard," or as the grade of
1430	another state or federal agency the standards of quality of
1431	which, by law, are equal to the standards of quality provided by
1432	this law and rules promulgated hereunder.
1433	(5)  It is unlawful to offer dressed or ready-to-cook
1434	poultry for sale in any advertisement in a newspaper or
1435	circular, on radio or television, or in any other form of
1436	advertising without plainly designating in such advertisement
1437	the grade and the part name or whole-bird statement of such
1438	poultry.
1439	Section 45.  Subsections (4) and (5) of section 590.125,
1440	Florida Statutes, are renumbered as subsections (5) and (6),
1441	respectively, subsection (1), paragraph (b) of subsection (3),
1442	and paragraph (c) of present subsection (4) are amended, and new
1443	subsections (4) and (7) are added to that section, to read:
1444	590.125  Open burning authorized by the division.-
1445	(1)  DEFINITIONS.-As used in this section, the term:
1446	(a)  "Certified pile burner" means an individual who
1447	successfully completes the division's pile burning certification
1448	program and possesses a valid pile burner certification number.
1449	(b)  "Certified prescribed burn manager" means an
1450	individual who successfully completes the certified prescribed
1451	burning certification program of the division and possesses a
1452	valid certification number.
1453	(c)(d)  "Extinguished" means:
1454	1.  that no spreading flame For wild land burning or
1455	certified prescribed burning, that no spreading flames exist.
1456	2.  and no visible flame, smoke, or emissions For
1457	vegetative land-clearing debris burning or pile burning, that no
1458	visible flames exist.
1459	3.  For vegetative land-clearing debris burning or pile
1460	burning in an area designated as smoke sensitive by the
1461	division, that no visible flames, smoke, or emissions exist.
1462	(d)  "Land-clearing operation" means the uprooting or
1463	clearing of vegetation in connection with the construction of
1464	buildings and rights-of-way, land development, and mineral
1465	operations. The term does not include the clearing of yard
1466	trash.
1467	(e)  "Pile burning" means the burning of silvicultural,
1468	agricultural, or land-clearing and tree-cutting debris
1469	originating onsite, which is stacked together in a round or
1470	linear fashion, including, but not limited to, a windrow.
1471	(f)(a)  "Prescribed burning" means the controlled
1472	application of fire in accordance with a written prescription
1473	for vegetative fuels under specified environmental conditions
1474	while following appropriate precautionary measures that ensure
1475	that the fire is confined to a predetermined area to accomplish
1476	the planned fire or land-management objectives.
1477	(g)(c)  "Prescription" means a written plan establishing
1478	the criteria necessary for starting, controlling, and
1479	extinguishing a prescribed burn.
1480	(h)  "Yard trash" means vegetative matter resulting from
1481	landscaping and yard maintenance operations and other such
1482	routine property cleanup activities. The term includes materials
1483	such as leaves, shrub trimmings, grass clippings, brush, and
1484	palm fronds.
1485	(3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
1486	PURPOSE.-
1487	(b)  Certified prescribed burning pertains only to
1488	broadcast burning for purposes of silviculture, wildlife
1489	management, ecological maintenance and restoration, and range
1490	and pasture management. It must be conducted in accordance with
1491	this subsection and:
1492	1.  May be accomplished only when a certified prescribed
1493	burn manager is present on site with a copy of the prescription
1494	from ignition of the burn to its completion.
1495	2.  Requires that a written prescription be prepared before
1496	receiving authorization to burn from the division.
1497	3.  Requires that the specific consent of the landowner or
1498	his or her designee be obtained before requesting an
1499	authorization.
1500	4.  Requires that an authorization to burn be obtained from
1501	the division before igniting the burn.
1502	5.  Requires that there be adequate firebreaks at the burn
1503	site and sufficient personnel and firefighting equipment for the
1504	control of the fire.
1505	6.  Is considered to be in the public interest and does not
1506	constitute a public or private nuisance when conducted under
1507	applicable state air pollution statutes and rules.
1508	7.  Is considered to be a property right of the property
1509	owner if vegetative fuels are burned as required in this
1510	subsection.
1511	(4)  CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND
1512	PURPOSE.-
1513	(a)  Pile burning is a tool that benefits current and
1514	future generations in Florida by disposing of naturally
1515	occurring vegetative debris through burning rather than
1516	disposing of the debris in landfills.
1517	(b)  Certified pile burning pertains to the disposal of
1518	piled, naturally occurring debris from an agricultural,
1519	silvicultural, or temporary land-clearing operation. A land-
1520	clearing operation is temporary if it operates for 6 months or
1521	less. Certified pile burning must be conducted in accordance
1522	with this subsection, and:
1523	1.  A certified pile burner must ensure, before ignition,
1524	that the piles are properly placed and that the content of the
1525	piles is conducive to efficient burning.
1526	2.  A certified pile burner must ensure that the piles are
1527	properly extinguished no later than 1 hour after sunset. If the
1528	burn is conducted in an area designated by the division as smoke
1529	sensitive, a certified pile burner must ensure that the piles
1530	are properly extinguished at least 1 hour before sunset.
1531	3.  A written pile burn plan must be prepared before
1532	receiving authorization from the division to burn.
1533	4.  The specific consent of the landowner or his or her
1534	agent must be obtained before requesting authorization to burn.
1535	5.  An authorization to burn must be obtained from the
1536	division or its designated agent before igniting the burn.
1537	6.  There must be adequate firebreaks and sufficient
1538	personnel and firefighting equipment at the burn site to control
1539	the fire.
1540	(c)  If a burn is conducted in accordance with this
1541	subsection, the property owner and his or her agent are not
1542	liable under s. 590.13 for damage or injury caused by the fire
1543	or resulting smoke, and are not in violation of subsection (2),
1544	unless gross negligence is proven.
1545	(d)  A certified pile burner who violates this section
1546	commits a misdemeanor of the second degree, punishable as
1547	provided in s. 775.082 or s. 775.083.
1548	(e)  The division shall adopt rules regulating certified
1549	pile burning. The rules shall include procedures and criteria
1550	for certifying and decertifying certified pile burn managers
1551	based on past experience, training, and record of compliance
1552	with this section.
1553	(5)(4)  WILDFIRE HAZARD REDUCTION TREATMENT BY THE
1554	DIVISION.-The division may conduct fuel reduction initiatives,
1555	including, but not limited to, burning and mechanical and
1556	chemical treatment, on any area of wild land within the state
1557	which is reasonably determined to be in danger of wildfire in
1558	accordance with the following procedures:
1559	(c)  Prepare, and send the county tax collector shall
1560	include with the annual tax statement, a notice to be sent to
1561	all landowners in each area township designated by the division
1562	as a wildfire hazard area. The notice must describe particularly
1563	the area to be treated and the tentative date or dates of the
1564	treatment and must list the reasons for and the expected
1565	benefits from the wildfire hazard reduction.
1566	(7)  DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
1567	AUTHORIZATION PROGRAMS.-
1568	(a)  A county or municipality may exercise the division's
1569	authority, if delegated by the division under this subsection,
1570	to issue authorizations for the burning of yard trash or debris
1571	from land-clearing operations. A county's or municipality's
1572	existing or proposed open burning authorization program must:
1573	1.  Be approved by the division. The division shall not
1574	approve a program if it fails to meet the requirements of
1575	subsections (2) and (4) and any rules adopted under those
1576	subsections.
1577	2.  Provide by ordinance or local law the requirements for
1578	obtaining and performing a burn authorization that comply with
1579	subsections (2) and (4) and any rules adopted under those
1580	subsections.
1581	3.  Provide for the enforcement of the program's
1582	requirements.
1583	4.  Provide financial, personnel, and other resources
1584	needed to carry out the program.
1585	(b)  If the division determines that a county's or
1586	municipality's open burning authorization program does not
1587	comply with subsections (2) and (4) and any rules adopted under
1588	those subsections, the division shall require the county or
1589	municipality to take necessary corrective actions within a
1590	reasonable period, not to exceed 90 days.
1591	1.  If the county or municipality fails to take the
1592	necessary corrective actions within the required period, the
1593	division shall resume administration of the open burning
1594	authorization program in the county or municipality and the
1595	county or municipality shall cease administration of its
1596	program.
1597	2.  Each county and municipality administering an open
1598	burning authorization program must cooperate with and assist the
1599	division in carrying out the division's powers, duties, and
1600	functions.
1601	3.  A person who violates the requirements of a county's or
1602	municipality's open burning authorization program, as provided
1603	by ordinance or local law enacted pursuant to this section,
1604	commits a violation of this chapter, punishable as provided in
1605	s. 590.14.
1606	Section 46.  Section 590.14, Florida Statutes, is amended
1607	to read:
1608	590.14  Notice of violation; penalties.-
1609	(1)  If a division employee determines that a person has
1610	violated chapter 589, or this chapter, or any rule adopted by
1611	the division to administer provisions of law conferring duties
1612	upon the division, the division employee he or she may issue a
1613	notice of violation indicating the statute violated. This notice
1614	will be filed with the division and a copy forwarded to the
1615	appropriate law enforcement entity for further action if
1616	necessary.
1617	(2)  In addition to any penalties provided by law, any
1618	person who causes a wildfire or permits any authorized fire to
1619	escape the boundaries of the authorization or to burn past the
1620	time of the authorization is liable for the payment of all
1621	reasonable costs and expenses incurred in suppressing the fire
1622	or $150, whichever is greater. All costs and expenses incurred
1623	by the division shall be payable to the division. When such
1624	costs and expenses are not paid within 30 days after demand, the
1625	division may take proper legal proceedings for the collection of
1626	the costs and expenses. Those costs incurred by an agency acting
1627	at the division's direction are recoverable by that agency.
1628	(3)  The department may also impose an administrative fine,
1629	not to exceed $1,000 per violation of any section of chapter 589
1630	or this chapter or violation of any rule adopted by the division
1631	to administer provisions of law conferring duties upon the
1632	division. The fine shall be based upon the degree of damage, the
1633	prior violation record of the person, and whether the person
1634	knowingly provided false information to obtain an authorization.
1635	The fines shall be deposited in the Incidental Trust Fund of the
1636	division.
1637	(4)  A person may not:
1638	(a)  Fail to comply with any rule or order adopted by the
1639	division to administer provisions of law conferring duties upon
1640	the division; or
1641	(b)  Knowingly make any false statement or representation
1642	in any application, record, plan, or other document required by
1643	this chapter or any rules adopted under this chapter.
1644	(5)  A person who violates paragraph (4)(a) or paragraph
1645	(4)(b) commits a misdemeanor of the second degree, punishable as
1646	provided in s. 775.082 or s. 775.083.
1647	(6)  It is the intent of the Legislature that a penalty
1648	imposed by a court under subsection (5) be of a severity that
1649	ensures immediate and continued compliance with this section.
1650	(7)(4)  The penalties provided in this section shall extend
1651	to both the actual violator and the person or persons, firm, or
1652	corporation causing, directing, or permitting the violation.
1653	Section 47.  Paragraph (a) of subsection (1) of section
1654	599.004, Florida Statutes, is amended to read:
1655	599.004  Florida Farm Winery Program; registration; logo;
1656	fees.-
1657	(1)  The Florida Farm Winery Program is established within
1658	the Department of Agriculture and Consumer Services. Under this
1659	program, a winery may qualify as a tourist attraction only if it
1660	is registered with and certified by the department as a Florida
1661	Farm Winery. A winery may not claim to be certified unless it
1662	has received written approval from the department.
1663	(a)  To qualify as a certified Florida Farm Winery, a
1664	winery shall meet the following standards:
1665	1.  Produce or sell less than 250,000 gallons of wine
1666	annually.
1667	2.  Maintain a minimum of 10 acres of owned or managed land
1668	vineyards in Florida which produces commodities used in the
1669	production of wine.
1670	3.  Be open to the public for tours, tastings, and sales at
1671	least 30 hours each week.
1672	4.  Make annual application to the department for
1673	recognition as a Florida Farm Winery, on forms provided by the
1674	department.
1675	5.  Pay an annual application and registration fee of $100.
1676	Section 48.  Subsection (1) of section 604.15, Florida
1677	Statutes, is amended, and subsection (11) is added to that
1678	section, to read:
1679	604.15  Dealers in agricultural products; definitions.-For
1680	the purpose of ss. 604.15-604.34, the following words and terms,
1681	when used, shall be construed to mean:
1682	(1)  "Agricultural products" means the natural products of
1683	the farm, nursery, grove, orchard, vineyard, garden, and apiary
1684	(raw or manufactured); sod; tropical foliage; horticulture; hay;
1685	livestock; milk and milk products; poultry and poultry products;
1686	the fruit of the saw palmetto (meaning the fruit of the Serenoa
1687	repens); limes (meaning the fruit Citrus aurantifolia, variety
1688	Persian, Tahiti, Bearss, or Florida Key limes); and any other
1689	nonexempt agricultural products produced in the state, except
1690	tobacco, sugarcane, tropical foliage, timber and timber
1691	byproducts, forest products as defined in s. 591.17, and citrus
1692	other than limes.
1693	(11)  "Responsible position" means a position within the
1694	business of a dealer in agricultural products that has the
1695	authority to negotiate or make the purchase of agricultural
1696	products on behalf of the dealer's business or has principal
1697	active management authority over the business decisions,
1698	actions, and activities of the dealer's business in this state.
1699	Section 49.  Section 604.19, Florida Statutes, is amended
1700	to read:
1701	604.19  License; fee; bond; certificate of deposit;
1702	penalty.-Unless the department refuses the application on one or
1703	more of the grounds provided in this section, it shall issue to
1704	an applicant, upon the payment of required fees and the
1705	execution and delivery of a bond or certificate of deposit as
1706	provided in this section, a state license entitling the
1707	applicant to conduct business as a dealer in agricultural
1708	products for a 1-year period to coincide with the effective
1709	period of the bond or certificate of deposit furnished by the
1710	applicant. During the 1-year period covered by a license, if the
1711	supporting surety bond or certificate of deposit is canceled for
1712	any reason, the license shall automatically expire on the date
1713	the surety bond or certificate of deposit terminates, unless an
1714	acceptable replacement is in effect before the date of
1715	termination so that continual coverage occurs for the remaining
1716	period of the license. A surety company shall give the
1717	department a 30-day written notice of cancellation by certified
1718	mail in order to cancel a bond. Cancellation of a bond or
1719	certificate of deposit does shall not relieve a surety company
1720	or financial institution of liability for purchases or sales
1721	occurring while the bond or certificate of deposit was in
1722	effect. The license fee, which must be paid for the principal
1723	place of business for a dealer in agricultural products, shall
1724	be based upon the amount of the dealer's surety bond or
1725	certificate of deposit furnished by each dealer under the
1726	provisions of s. 604.20 and may not exceed $500. For each
1727	additional place in which the applicant desires to conduct
1728	business and which the applicant names in the application, the
1729	additional license fee must be paid but may not exceed $100
1730	annually. If a Should any dealer in agricultural products fails,
1731	refuses, or neglects fail, refuse, or neglect to apply and
1732	qualify for the renewal of a license on or before its the date
1733	of expiration date thereof, a penalty not to exceed $100 shall
1734	apply to and be added to the original license fee for the
1735	principal place of business and to the license fee for each
1736	additional place of business named in the application and shall
1737	be paid by the applicant before the renewal license may be
1738	issued. The department by rule shall prescribe fee amounts
1739	sufficient to fund ss. 604.15-604.34.
1740	Section 50.  Section 604.25, Florida Statutes, is amended
1741	to read:
1742	604.25  Denial of, refusal to renew grant, or suspension or
1743	revocation of, license.-
1744	(1)  The department may deny, refuse to renew, decline to
1745	grant a license or may suspend or revoke a license already
1746	granted if the applicant or licensee has:
1747	(1)(a)  Suffered a monetary judgment entered against the
1748	applicant or licensee upon which is execution has been returned
1749	unsatisfied;
1750	(2)(b)  Made false charges for handling or services
1751	rendered;
1752	(3)(c)  Failed to account promptly and properly or to make
1753	settlements with any producer;
1754	(4)(d)  Made any false statement or statements as to
1755	condition, quality, or quantity of goods received or held for
1756	sale when the true condition, quality, or quantity could have
1757	been ascertained by reasonable inspection;
1758	(5)(e)  Made any false or misleading statement or
1759	statements as to market conditions or service rendered;
1760	(6)(f)  Been guilty of a fraud in the attempt to procure,
1761	or the procurement of, a license;
1762	(7)(g)  Directly or indirectly sold agricultural products
1763	received on consignment or on a net return basis for her or his
1764	own account, without prior authority from the producer
1765	consigning the same, or without notifying such producer;
1766	(8)(h)  Failed to prevent a person from holding a position
1767	as the applicant's or licensee's owner, officer, director,
1768	general or managing partner, or employee Employed in a
1769	responsible position a person, or holding any other similarly
1770	situated position, if the person holds or has held a similar
1771	position with any entity that an officer of a corporation, who
1772	has failed to fully comply with an order of the department, has
1773	not satisfied a civil judgment held by the department, has
1774	pending any administrative or civil enforcement action by the
1775	department, or has pending any criminal charges pursuant to s.
1776	604.30 at any time within 1 year after issuance;
1777	(9)(i)  Violated any statute or rule relating to the
1778	purchase or sale of any agricultural product, whether or not
1779	such transaction is subject to the provisions of this chapter;
1780	or
1781	(10)(j)  Failed to submit to the department an application,
1782	appropriate license fees, and an acceptable surety bond or
1783	certificate of deposit; or.
1784	(11)(2)  Failed If a licensee fails or refused refuses to
1785	comply in full with an order of the department or failed to
1786	satisfy a civil judgment owed to the department, her or his
1787	license may be suspended or revoked, in which case she or he
1788	shall not be eligible for license for a period of 1 year or
1789	until she or he has fully complied with the order of the
1790	department.
1791	(3)  No person, or officer of a corporation, whose license
1792	has been suspended or revoked for failure to comply with an
1793	order of the department may hold a responsible position with a
1794	licensee for a period of 1 year or until the order of the
1795	department has been fully complied with.
1796	Section 51.  Subsections (18) and (19) of section 616.242,
1797	Florida Statutes, are renumbered as subsections (19) and (20),
1798	respectively, and a new subsection (18) is added to that section
1799	to read:
1800	616.242  Safety standards for amusement rides.-
1801	(18)  STOP-OPERATION ORDERS.-If an owner or amusement ride
1802	fails to comply with this chapter or any rule adopted under this
1803	chapter, the department may issue a stop-operation order.
1804	Section 52.  Subsection (4) of section 686.201, Florida
1805	Statutes, is amended to read:
1806	686.201  Sales representative contracts involving
1807	commissions; requirements; termination of agreement; civil
1808	remedies.-
1809	(4)  This section does not apply to:
1810	(a)  Persons licensed pursuant to chapter 475 who are
1811	performing services within the scope of their license.
1812	(b)  Contracts to which a seller of travel as defined in s.
1813	559.927 is a party.
1814	Section 53.  Paragraph (c) of subsection (5) of section
1815	790.06, Florida Statutes, is amended to read:
1816	790.06  License to carry concealed weapon or firearm.-
1817	(5)  The applicant shall submit to the Department of
1818	Agriculture and Consumer Services:
1819	(c)  A full set of fingerprints of the applicant
1820	administered by a law enforcement agency or the Division of
1821	Licensing of the Department of Agriculture and Consumer
1822	Services.
1823	Section 54.  Sections 570.071 and 570.901, Florida
1824	Statutes, are repealed.
1825	Section 55.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.