CS/CS/CS/HB 1445

1	A bill to be entitled
2	An act relating to agriculture; creating s. 15.0455, F.S.;
3	designating the Florida Agricultural Museum in Flagler
4	County as the official state agricultural museum; amending
5	s. 369.20, F.S.; authorizing the Fish and Wildlife
6	Conservation Commission to enter into an agreement with
7	the Department of Environmental Protection for the uniform
8	regulation of pesticides applied to the waters of the
9	state; revising exemptions from water pollution permits;
10	amending s. 373.1391, F.S.; requiring water management
11	districts to give priority to the agricultural use of
12	certain parcels for purposes of management of such
13	parcels; amending s. 403.088, F.S.; providing permits for
14	applying pesticides to the waters of the state; requiring
15	the Department of Environmental Protection to enter into
16	agreements with the Department of Agriculture and Consumer
17	Services and the commission for the uniform regulation of
18	pesticides applied to the waters of the state; authorizing
19	temporary deviations from certain rule provisions adopted
20	by the Department of Environmental Protection for certain
21	pesticides under certain conditions; amending s. 403.9336,
22	F.S.; revising a reference to the Model Ordinance for
23	Florida-Friendly Fertilizer Use on Urban Landscapes;
24	amending s. 403.9337, F.S.; providing for amendment of the
25	model ordinance by the Department of Environmental
26	Protection; revising the criteria for a local government's
27	adoption of additional or more stringent standards;
28	providing exemptions; amending s. 487.163, F.S.; requiring
29	the Department of Agriculture and Consumer Services to
30	enter into an agreement with the Department of
31	Environmental Protection for the uniform regulation of
32	pesticides applied to the waters of the state; amending s.
33	493.6102, F.S.; specifying that provisions regulating
34	security officers do not apply to certain law enforcement,
35	correctional, and probation officers performing off-duty
36	activities; amending s. 493.6105, F.S.; revising the
37	application requirements and procedures for certain
38	private investigative, private security, recovery agent,
39	and firearm licenses; specifying application requirements
40	for firearms instructor licenses; amending s. 493.6106,
41	F.S.; revising citizenship requirements and documentation
42	for certain private investigative, private security, and
43	recovery agent licenses; prohibiting the licensure of
44	applicants for a statewide firearm license or firearms
45	instructor license who are prohibited from purchasing or
46	possessing firearms; requiring that private investigative,
47	security, and recovery agencies notify the Department of
48	Agriculture and Consumer Services of changes to their
49	branch office locations; amending s. 493.6107, F.S.;
50	requiring the department to accept certain methods of
51	payment for certain fees; amending s. 493.6108, F.S.;
52	revising requirements for criminal history checks of
53	license applicants whose fingerprints are not legible;
54	requiring the investigation of the mental and emotional
55	fitness of applicants for firearms instructor licenses;
56	amending s. 493.6111, F.S.; requiring a security officer
57	school or recovery agent school to obtain the department's
58	approval for use of a fictitious name; specifying that a
59	licensee may not conduct business under more than one
60	fictitious name; amending s. 493.6113, F.S.; revising
61	application renewal procedures and requirements; amending
62	s. 493.6115, F.S.; conforming cross-references; amending
63	s. 493.6118, F.S.; authorizing disciplinary action against
64	statewide firearm licensees and firearms instructor
65	licensees who are prohibited from purchasing or possessing
66	firearms; conforming a cross-reference; amending s.
67	493.6121, F.S.; deleting provisions for the department's
68	access to certain criminal history records provided to
69	licensed gun dealers, manufacturers, and exporters;
70	amending s. 493.6202, F.S.; requiring the department to
71	accept certain methods of payment for certain fees;
72	amending s. 493.6203, F.S.; prohibiting bodyguard services
73	from being credited toward certain license requirements;
74	revising the training requirements for private
75	investigator intern license applicants; requiring the
76	automatic suspension of an intern's license under certain
77	circumstances; providing an exception; amending s.
78	493.6302, F.S.; requiring the department to accept certain
79	methods of payment for certain fees; amending s. 493.6303,
80	F.S.; revising the training requirements for security
81	officer license applicants; amending s. 493.6304, F.S.;
82	revising application requirements and procedures for
83	security officer school licenses; amending s. 493.6401,
84	F.S.; revising terminology for recovery agent schools and
85	training facilities; amending s. 493.6402, F.S.; revising
86	terminology for recovery agent schools and training
87	facilities; requiring the department to accept certain
88	methods of payment for certain fees; amending s. 493.6406,
89	F.S.; revising terminology; requiring the licensure of
90	recovery agent schools and instructors; providing license
91	application requirements and procedures; requiring license
92	fees; amending s. 500.033, F.S.; revising the membership
93	of the Florida Food Safety and Food Defense Advisory
94	Council; amending ss. 501.605 and 501.607, F.S.; revising
95	application requirements for commercial telephone seller
96	and salesperson licenses; amending s. 501.913, F.S.;
97	specifying the sample size required for an antifreeze
98	registration application; amending s. 525.01, F.S.;
99	revising requirements for petroleum fuel affidavits;
100	amending s. 525.09, F.S.; imposing an inspection fee on
101	certain alternative fuels containing alcohol; amending s.
102	526.50, F.S.; defining terms applicable to regulation of
103	the sale of brake fluid; amending s. 526.51, F.S.;
104	revising brake fluid permit application requirements;
105	amending s. 526.52, F.S.; revising requirements for
106	printed statements on brake fluid containers; amending s.
107	526.53, F.S.; revising requirements and procedures for
108	brake fluid stop-sale orders; authorizing businesses to
109	dispose of unregistered brake fluid under certain
110	circumstances; amending s. 527.0201, F.S.; revising
111	requirements for liquefied petroleum gas qualifying
112	examinations; increasing continuing education requirements
113	for certain liquefied petroleum gas qualifiers; amending
114	s. 527.12, F.S.; providing for the issuance of certain
115	stop orders; amending ss. 559.805 and 559.928, F.S.;
116	deleting social security numbers as a listing requirement
117	on registration affidavits for independent agents of
118	sellers of business opportunities; amending s. 570.07,
119	F.S.; revising the department's authority to enforce laws
120	and rules relating to commercial stock feeds and
121	commercial fertilizers; amending s. 570.0725, F.S.;
122	revising provisions for public information about food
123	banks and similar food recovery programs; authorizing the
124	department to adopt rules; amending ss. 570.53 and 570.54,
125	F.S.; conforming cross-references; amending s. 570.55,
126	F.S.; revising requirements for identifying sellers or
127	handlers of tropical or subtropical fruit or vegetables;
128	amending s. 570.902, F.S.; conforming terminology to the
129	repeal by the act of provisions establishing the Florida
130	Agricultural Museum; amending s. 570.903, F.S.; revising
131	provisions for direct-support organizations for certain
132	agricultural programs to conform to the repeal by the act
133	of provisions establishing the Florida Agricultural
134	Museum; deleting provisions for a direct-support
135	organization for the Florida State Collection of
136	Arthropods; amending s. 573.118, F.S.; requiring the
137	department to maintain records of marketing orders;
138	requiring an audit at the request of an advisory council;
139	requiring that the advisory council receive a copy of the
140	audit within a specified time; amending s. 581.011, F.S.;
141	deleting terminology relating to the Florida State
142	Collection of Arthropods; revising the term "nursery" for
143	purposes of plant industry regulations; amending s.
144	581.211, F.S.; increasing the maximum fine for violations
145	of plant industry regulations; amending s. 583.13, F.S.;
146	deleting a prohibition on the sale of poultry without
147	displaying the poultry grade; amending s. 585.61, F.S.;
148	designating an animal disease diagnostic laboratory
149	complex in Osceola County as the "Bronson Animal Disease
150	Diagnostic Laboratory"; amending s. 590.125, F.S.;
151	revising terminology for open burning authorizations;
152	specifying purposes of certified prescribed burning;
153	requiring the authorization of the Division of Forestry
154	for certified pile burning; providing pile burning
155	requirements; limiting the liability of property owners or
156	agents engaged in pile burning; providing for the
157	certification of pile burners; providing penalties for
158	violations by certified pile burners; requiring rules;
159	authorizing the division to adopt rules regulating
160	certified pile burning; revising notice requirements for
161	wildfire hazard reduction treatments; providing for
162	approval of local government open burning authorization
163	programs; providing program requirements; authorizing the
164	division to close local government programs under certain
165	circumstances; providing penalties for violations of local
166	government open burning requirements; amending s. 590.14,
167	F.S.; authorizing fines for violations of any division
168	rule; providing penalties for certain violations;
169	providing legislative intent; amending s. 599.004, F.S.;
170	revising standards that a winery must meet to qualify as a
171	certified Florida Farm Winery; amending s. 604.15, F.S.;
172	revising the term "agricultural products" to make tropical
173	foliage exempt from regulation under provisions relating
174	to dealers in agricultural products; defining the term
175	"responsible position"; amending s. 604.19, F.S.; revising
176	requirements for late fees on agricultural products dealer
177	applications; amending s. 604.25, F.S.; revising
178	conditions under which the department may deny, refuse to
179	renew, suspend, or revoke agricultural products dealer
180	licenses; deleting a provision prohibiting certain persons
181	from holding a responsible position with a licensee;
182	amending s. 616.242, F.S.; authorizing the issuance of
183	stop-operation orders for amusement rides under certain
184	circumstances; amending s. 624.4095, F.S.; requiring that
185	gross written premiums for certain crop insurance not be
186	included when calculating the insurer's gross writing
187	ratio; requiring that liabilities for ceded reinsurance
188	premiums be netted against the asset for amounts
189	recoverable from reinsurers; requiring that insurers who
190	write other insurance products disclose a breakout of the
191	gross written premiums for crop insurance; amending s.
192	686.201, F.S.; exempting contracts involving a seller of
193	travel from requirements for certain sales representative
194	contracts; amending s. 790.06, F.S.; authorizing a
195	concealed firearm license applicant to submit fingerprints
196	administered by the Division of Licensing; creating s.
197	828.126, F.S.; defining the term "sexual activities";
198	prohibiting a person from knowingly engaging in sexual
199	activities with an animal; prohibiting certain acts
200	related to sexual activities with animals; providing
201	penalties; providing exemptions; repealing ss. 570.071 and
202	570.901, F.S., relating to the Florida Agricultural
203	Exposition and the Florida Agricultural Museum; providing
204	an effective date.
205
206	Be It Enacted by the Legislature of the State of Florida:
207
208	Section 1.  Section 15.0455, Florida Statutes, is created
209	to read:
210	15.0455  Official state agricultural museum.-The Florida
211	Agricultural Museum in Flagler County is designated as the
212	official state agricultural museum.
213	Section 2.  Subsections (4) and (9) of section 369.20,
214	Florida Statutes, are amended to read:
215	369.20  Florida Aquatic Weed Control Act.-
216	(4)  The commission shall also promote, develop, and
217	support research activities directed toward the more effective
218	and efficient control of aquatic plants. In the furtherance of
219	this purpose, the commission may is authorized to:
220	(a)  Accept donations and grants of funds and services from
221	both public and private sources;
222	(b)  Contract or enter into agreements with public or
223	private agencies or corporations for research and development of
224	aquatic plant control methods or for the performance of aquatic
225	plant control activities. The commission may enter into an
226	agreement with the Department of Environmental Protection to
227	ensure that pesticides applied to the waters of the state are
228	regulated uniformly, including provisions for the coordination
229	of agency staff and resources, through the implementation of
230	permitting, compliance, and enforcement activities under ss.
231	403.088 and 403.0885;
232	(c)  Construct, acquire, operate, and maintain facilities
233	and equipment; and
234	(d)  Enter upon, or authorize the entry upon, private
235	property for purposes of making surveys and examinations and to
236	engage in aquatic plant control activities; and such entry shall
237	not be deemed a trespass.
238	(9)  A permit issued pursuant to this section for The
239	application of herbicides to waters of in the state for the
240	control of aquatic plants, algae, or invasive exotic plants is
241	exempt from the requirement to obtain a water pollution
242	operation permit except as provided in ss. pursuant to s.
243	403.088 and 403.0885.
244	Section 3.  Paragraph (d) of subsection (1) of section
245	373.1391, Florida Statutes, is amended to read:
246	373.1391  Management of real property.-
247	(1)
248	(d)  For any fee simple acquisition of a parcel which is or
249	will be leased back for agricultural purposes, or for any
250	acquisition of a less-than-fee interest in lands that is or will
251	be used for agricultural purposes, the district governing board
252	shall first consider having a soil and water conservation
253	district created pursuant to chapter 582 manage and monitor such
254	interest. Priority shall be given to the agricultural use
255	present at the time of fee simple acquisition of the parcel.
256	Section 4.  Subsection (1) of section 403.088, Florida
257	Statutes, is amended to read:
258	403.088  Water pollution operation permits; conditions.-
259	(1)  No person, Without the written authorization of the
260	department, a person may not shall discharge any waste into the
261	waters of within the state any waste which, by itself or in
262	combination with the wastes of other sources, reduces the
263	quality of the receiving waters below the classification
264	established for such waters them. However, this section does
265	shall not be deemed to prohibit the application of pesticides to
266	such waters in the state for the control of insects, aquatic
267	weeds, or algae, or other pests if provided the application is
268	performed in accordance with this section.
269	(a)  Upon execution of the agreement required in s.
270	487.163(3), the department may develop a permit or other
271	authorization as required by 33 U.S.C. s. 1342 for the
272	application of pesticides. A person must obtain such permit or
273	other authorization before applying pesticides to the waters of
274	the state.
275	(b)  In consultation with the Department of Agriculture and
276	Consumer Services and the Fish and Wildlife Conservation
277	Commission, the department shall also develop a general permit
278	under s. 403.0885(2), for the application of pesticides.
279	(c)  The department shall also enter into agreements with
280	the Department of Agriculture and Consumer Services pursuant to
281	a program approved by the Department of Health, in
282	insect or other pest control, and with or the Fish and Wildlife
283	Conservation Commission, in the case of aquatic weed, other
284	aquatic pests, or algae control. The department is directed to
285	enter into interagency agreements to establish the procedures
286	for program approval. Such agreements must shall provide for
287	public health, welfare, and safety, as well as environmental
288	factors, and must ensure that pesticides applied to waters of
289	the state are regulated uniformly, including provisions for the
290	coordination of agency staff and resources, through the
291	implementation of permitting, compliance, and enforcement
292	activities under s. 403.0885 and this section. Pesticides that
293	are Approved programs must provide that only chemicals approved
294	for a the particular use by the United States Environmental
295	Protection Agency or by the Department of Agriculture and
296	Consumer Services may be employed and that they be applied in
297	accordance with registered label instructions, state standards
298	for such application, including any permit or other
299	authorization required by this subsection, and the provisions of
300	the Florida Pesticide Law, part I of chapter 487, are allowed a
301	temporary deviation from the acute toxicity provisions of the
302	department's rule establishing surface water quality standards,
303	not to exceed the time necessary to control the target pests and
304	only if the application does not reduce the quality of the
305	receiving waters below the classification for such waters and is
306	not likely to adversely affect any threatened or endangered
307	species.
308	Section 5.  Section 403.9336, Florida Statutes, is amended
309	to read:
310	403.9336  Legislative findings.-The Legislature finds that
311	the implementation of the Model Ordinance for Florida-Friendly
312	Fertilizer Use on Urban Landscapes (2008), which was developed
313	by the department in conjunction with the Florida Consumer
314	Fertilizer Task Force, the Department of Agriculture and
315	Consumer Services, and the University of Florida Institute of
316	Food and Agricultural Sciences, will assist in protecting the
317	quality of Florida's surface water and groundwater resources.
318	The Legislature further finds that local conditions, including
319	variations in the types and quality of water bodies, site-
320	specific soils and geology, and urban or rural densities and
321	characteristics, may necessitate the implementation of
322	additional or more stringent fertilizer management practices at
323	the local government level.
324	Section 6.  Section 403.9337, Florida Statutes, is amended
325	to read:
326	403.9337  Model Ordinance for Florida-Friendly Fertilizer
327	Use on Urban Landscapes.-
328	(1)  The department may amend its Model Ordinance for
329	Florida-Friendly Fertilizer Use on Urban Landscapes (2009).
330	However, any amendment of the model ordinance after July 1,
331	2010, must be adopted by order of the department. Before
332	adopting an amendment to the model ordinance, the department
333	must hold at least one public workshop to discuss and receive
334	comments on the proposed amendment. The department, at a
335	minimum, must notify interested stakeholders of the public
336	workshop, including representatives of the nursery and landscape
337	industry, the pest control industry, the Department of
338	Agriculture and Consumer Services, the University of Florida's
339	Institute of Food and Agricultural Sciences, environmental
340	groups, and county and local governments. Such an order amending
341	the model ordinance is subject to challenge under chapter 120.
342	(2)(1)  All county and municipal governments are encouraged
343	to adopt and enforce the Model Ordinance for Florida-Friendly
344	Fertilizer Use on Urban Landscapes or an equivalent requirement
345	as a mechanism for protecting local surface and groundwater
346	quality.
347	(3)(2)  Each county and municipal government located within
348	the watershed of a water body or water segment that is listed as
349	impaired by nutrients pursuant to s. 403.067, must shall, at a
350	minimum, adopt the most recent version of the department's Model
351	Ordinance for Florida-Friendly Fertilizer Use on Urban
352	Landscapes.
353	(4)  A local government may adopt additional or more
354	stringent standards than the model ordinance if, before
355	adoption, one of the following criteria are met:
356	(a)  The local government has implemented demonstrated, as
357	part of a comprehensive program to address nonpoint sources of
358	nutrient pollution but which is science-based, and economically
359	and technically feasible, that additional or more stringent
360	standards than the model ordinance are necessary in order to
361	adequately address urban fertilizer contributions to nonpoint
362	source nutrient loading to a water body. In any such instance,
363	the comprehensive program must be scientifically based and
364	economically and technically feasible. The comprehensive program
365	may include, but is not limited to:
366	1.  Nonpoint source activities adopted as part of a basin
367	management plan developed pursuant to s. 403.067(7);
368	2.  Adoption of Florida-friendly landscaping requirements,
369	as provided in s. 373.185, into the local government's
370	development code; and
371	3.  The requirement for and enforcement of the
372	implementation of low-impact development practices; or
373	(b)  The local government documents in the public record
374	the need for more stringent standards, including the
375	scientifically documented impairment of waters within the local
376	government's jurisdiction by nutrient enrichment due to
377	landforms, soils, hydrology, climate, or geology.
378	(5)  If the local government proposes more stringent
379	standards, it must document documents that it has requested and
380	considered all relevant scientific information, including input
381	from the department, the institute, the Department of
382	Agriculture and Consumer Services, and the University of
383	Florida's Florida Institute of Food and Agricultural Sciences,
384	if provided, on the need for additional or more stringent
385	provisions to address fertilizer use as a contributor to water
386	quality degradation. All documentation must become part of the
387	public record before adoption of the additional or more
388	stringent criteria.
389	(6)(3)  Any county or municipal government that adopted its
390	own fertilizer use ordinance before January 1, 2009, is exempt
391	from this section. Ordinances adopted or amended on or after
392	January 1, 2009, must substantively conform to the most recent
393	version of the model fertilizer ordinance and are subject to
394	subsections (2)-(5) (1) and (2), as applicable.
395	(7)  A fertilizer ordinance adopted by a county or
396	municipal government may not prohibit an individual certified
397	pursuant to s. 482.1562 from applying fertilizer during any
398	specified period of the calendar year. However, a county or
399	municipal government may require a certified applicator to
400	perform a soil test or leaf tissue analysis to demonstrate the
401	need for nutrient application during any specified period of the
402	calendar year when the use of fertilizer is restricted or
403	prohibited by local ordinance. Notwithstanding subsection (6), a
404	county or municipal government exempt from this section pursuant
405	to subsection (6) remains exempt if it amends its fertilizer
406	ordinance on or after January 1, 2009, to comply with this
407	subsection.
408	(8)(4)  This section does not apply to the use of
409	fertilizer:
410	(a)  On farm operations as defined in s. 823.14; or
411	(b)  On lands classified as agricultural lands pursuant to
412	s. 193.461; or
413	(c)  On any lands used for scientific research, including,
414	but not limited to, research on the effects of fertilizer use on
415	urban stormwater, water quality, agronomics, or horticulture.
416	Section 7.  Subsection (3) is added to section 487.163,
417	Florida Statutes, to read:
418	487.163  Information; interagency cooperation.-
419	(3)  The department shall enter into an agreement with the
420	Department of Environmental Protection to ensure that pesticides
421	applied to waters of the state are regulated uniformly,
422	including provisions for the coordination of agency staff and
423	resources, through the implementation of permitting, compliance,
424	and enforcement activities under ss. 403.088 and 403.0885.
425	Section 8.  Subsection (1) of section 493.6102, Florida
426	Statutes, is amended to read:
427	493.6102  Inapplicability of this chapter.-This chapter
428	shall not apply to:
429	(1)  Any individual who is an "officer" as defined in s.
430	943.10(14), or is a law enforcement officer of the United States
431	Government, while the such local, state, or federal officer is
432	engaged in her or his official duties or, if approved by the
433	officer's supervisors, when performing off-duty activities as a
434	security officer activities approved by her or his superiors.
435	Section 9.  Section 493.6105, Florida Statutes, is amended
436	to read:
437	493.6105  Initial application for license.-
438	(1)  Each individual, partner, or principal officer in a
439	corporation, shall file with the department a complete
440	application accompanied by an application fee not to exceed $60,
441	except that the applicant for a Class "D" or Class "G" license
442	is shall not be required to submit an application fee. The
443	application fee is shall not be refundable.
444	(a)  The application submitted by any individual, partner,
445	or corporate officer must shall be approved by the department
446	before the prior to that individual, partner, or corporate
447	officer assumes assuming his or her duties.
448	(b)  Individuals who invest in the ownership of a licensed
449	agency, but do not participate in, direct, or control the
450	operations of the agency are shall not be required to file an
451	application.
452	(2)  Each application must shall be signed and verified by
453	the individual under oath as provided in s. 92.525 and shall be
454	notarized.
455	(3)  The application must shall contain the following
456	information concerning the individual signing the application
457	same:
458	(a)  Name and any aliases.
459	(b)  Age and date of birth.
460	(c)  Place of birth.
461	(d)  Social security number or alien registration number,
462	whichever is applicable.
463	(e)  Current Present residence address and his or her
464	residence addresses within the 5 years immediately preceding the
465	submission of the application.
466	(f)  Occupations held presently and within the 5 years
467	immediately preceding the submission of the application.
468	(f)(g)  A statement of all criminal convictions, findings
469	of guilt, and pleas of guilty or nolo contendere, regardless of
470	adjudication of guilt.
471	(g)  One passport-type color photograph taken within the 6
472	months immediately preceding submission of the application.
473	(h)  A statement whether he or she has ever been
474	adjudicated incompetent under chapter 744.
475	(i)  A statement whether he or she has ever been committed
476	to a mental institution under chapter 394.
477	(j)  A full set of fingerprints on a card provided by the
478	department and a fingerprint fee to be established by rule of
479	the department based upon costs determined by state and federal
480	agency charges and department processing costs. An applicant who
481	has, within the immediately preceding 6 months, submitted a
482	fingerprint card and fee for licensing purposes under this
483	chapter shall not be required to submit another fingerprint card
484	or fee.
485	(k)  A personal inquiry waiver which allows the department
486	to conduct necessary investigations to satisfy the requirements
487	of this chapter.
488	(l)  Such further facts as may be required by the
489	department to show that the individual signing the application
490	is of good moral character and qualified by experience and
491	training to satisfy the requirements of this chapter.
492	(4)  In addition to the application requirements outlined
493	in subsection (3), the applicant for a Class "C," Class "CC,"
494	Class "E," Class "EE," or Class "G" license shall submit two
495	color photographs taken within the 6 months immediately
496	preceding the submission of the application, which meet
497	specifications prescribed by rule of the department. All other
498	applicants shall submit one photograph taken within the 6 months
499	immediately preceding the submission of the application.
500	(4)(5)  In addition to the application requirements
501	outlined under subsection (3), the applicant for a Class "C,"
502	Class "E," Class "M," Class "MA," Class "MB," or Class "MR"
503	license shall include a statement on a form provided by the
504	department of the experience which he or she believes will
505	qualify him or her for such license.
506	(5)(6)  In addition to the requirements outlined in
507	subsection (3), an applicant for a Class "G" license shall
508	satisfy minimum training criteria for firearms established by
509	rule of the department, which training criteria shall include,
510	but is not limited to, 28 hours of range and classroom training
511	taught and administered by a Class "K" licensee; however, no
512	more than 8 hours of such training shall consist of range
513	training. If the applicant can show proof that he or she is an
514	active law enforcement officer currently certified under the
515	Criminal Justice Standards and Training Commission or has
516	completed the training required for that certification within
517	the last 12 months, or if the applicant submits one of the
518	certificates specified in paragraph (6)(a) (7)(a), the
519	department may waive the foregoing firearms training
520	requirement.
521	(6)(7)  In addition to the requirements under subsection
522	(3), an applicant for a Class "K" license shall:
523	(a)  Submit one of the following certificates:
524	1.  The Florida Criminal Justice Standards and Training
525	Commission Firearms Instructor's Certificate and confirmation by
526	the commission that the applicant is authorized to provide
527	firearms instruction.
528	2.  The National Rifle Association Law Enforcement Police
529	Firearms Instructor's Certificate.
530	3.  The National Rifle Association Security Firearms
531	Instructor's Certificate.
532	3.4.  A firearms instructor's training certificate issued
533	by any branch of the United States Armed Forces, from a federal
534	law enforcement academy or agency, state, county, or a law
535	enforcement municipal police academy or agency in this state
536	recognized as such by the Criminal Justice Standards and
537	Training Commission or by the Department of Education.
538	(b)  Pay the fee for and pass an examination administered
539	by the department which shall be based upon, but is not
540	necessarily limited to, a firearms instruction manual provided
541	by the department.
542	(7)(8)  In addition to the application requirements for
543	individuals, partners, or officers outlined under subsection
544	(3), the application for an agency license shall contain the
545	following information:
546	(a)  The proposed name under which the agency intends to
547	operate.
548	(b)  The street address, mailing address, and telephone
549	numbers of the principal location at which business is to be
550	conducted in this state.
551	(c)  The street address, mailing address, and telephone
552	numbers of all branch offices within this state.
553	(d)  The names and titles of all partners or, in the case
554	of a corporation, the names and titles of its principal
555	officers.
556	(8)(9)  Upon submission of a complete application, a Class
557	"CC," Class "C," Class "D," Class "EE," Class "E," Class "M,"
558	Class "MA," Class "MB," or Class "MR" applicant may commence
559	employment or appropriate duties for a licensed agency or branch
560	office. However, the Class "C" or Class "E" applicant must work
561	under the direction and control of a sponsoring licensee while
562	his or her application is being processed. If the department
563	denies application for licensure, the employment of the
564	applicant must be terminated immediately, unless he or she
565	performs only unregulated duties.
566	Section 10.  Paragraph (f) of subsection (1) and paragraph
567	(a) of subsection (2) of section 493.6106, Florida Statutes, are
568	amended, and paragraph (g) is added to subsection (1) of that
569	section, to read:
570	493.6106  License requirements; posting.-
571	(1)  Each individual licensed by the department must:
572	(f)  Be a citizen or permanent legal resident alien of the
573	United States or have appropriate been granted authorization
574	issued to seek employment in this country by the United States
575	Bureau of Citizenship and Immigration Services of the United
576	States Department of Homeland Security.
577	1.  An applicant for a Class "C," Class "CC," Class "D,"
578	Class "DI," Class "E," Class "EE," Class "M," Class "MA," Class
579	"MB," Class "MR," or Class "RI" license who is not a United
580	States citizen must submit proof of current employment
581	authorization issued by the United States Bureau of Citizenship
582	and Immigration Services or proof that she or he is deemed a
583	permanent legal resident alien by the United States Bureau of
584	Citizenship and Immigration Services.
585	2.  An applicant for a Class "G" or Class "K" license who
586	is not a United States citizen must submit proof that she or he
587	is deemed a permanent legal resident alien by the United States
588	Bureau of Citizenship and Immigration Services, together with
589	additional documentation establishing that she or he has resided
590	in the state of residence shown on the application for at least
591	90 consecutive days before the date that the application is
592	submitted.
593	3.  An applicant for an agency or school license who is not
594	a United States citizen or permanent legal resident alien must
595	submit documentation issued by the United States Bureau of
596	Citizenship and Immigration Services stating that she or he is
597	lawfully in the United States and is authorized to own and
598	operate the type of agency or school for which she or he is
599	applying. An employment authorization card issued by the United
600	States Bureau of Citizenship and Immigration Services is not
601	sufficient documentation.
602	(g)  Not be prohibited from purchasing or possessing a
603	firearm by state or federal law if the individual is applying
604	for a Class "G" license or a Class "K" license.
605	(2)  Each agency shall have a minimum of one physical
606	location within this state from which the normal business of the
607	agency is conducted, and this location shall be considered the
608	primary office for that agency in this state.
609	(a)  If an agency or branch office desires to change the
610	physical location of the business, as it appears on the agency
611	license, the department must be notified within 10 days of the
612	change, and, except upon renewal, the fee prescribed in s.
613	493.6107 must be submitted for each license requiring revision.
614	Each license requiring revision must be returned with such
615	notification.
616	Section 11.  Subsection (3) of section 493.6107, Florida
617	Statutes, is amended to read:
618	493.6107  Fees.-
619	(3)  The fees set forth in this section must be paid by
620	certified check or money order or, at the discretion of the
621	department, by agency check at the time the application is
622	approved, except that the applicant for a Class "G" or Class "M"
623	license must pay the license fee at the time the application is
624	made. If a license is revoked or denied or if the application is
625	withdrawn, the license fee shall not be refunded.
626	Section 12.  Paragraph (a) of subsection (1) and subsection
627	(3) of section 493.6108, Florida Statutes, are amended to read:
628	493.6108  Investigation of applicants by Department of
629	Agriculture and Consumer Services.-
630	(1)  Except as otherwise provided, prior to the issuance of
631	a license under this chapter, the department shall make an
632	investigation of the applicant for a license. The investigation
633	shall include:
634	(a)1.  An examination of fingerprint records and police
635	records. When a criminal history analysis of any applicant under
636	this chapter is performed by means of fingerprint card
637	identification, the time limitations prescribed by s. 120.60(1)
638	shall be tolled during the time the applicant's fingerprint card
639	is under review by the Department of Law Enforcement or the
640	United States Department of Justice, Federal Bureau of
641	Investigation.
642	2.  If a legible set of fingerprints, as determined by the
643	Department of Law Enforcement or the Federal Bureau of
644	Investigation, cannot be obtained after two attempts, the
645	Department of Agriculture and Consumer Services may determine
646	the applicant's eligibility based upon a criminal history record
647	check under the applicant's name conducted by the Department of
648	Law Enforcement if the and the Federal Bureau of Investigation.
649	A set of fingerprints are taken by a law enforcement agency or
650	the department and the applicant submits a written statement
651	signed by the fingerprint technician or a licensed physician
652	stating that there is a physical condition that precludes
653	obtaining a legible set of fingerprints or that the fingerprints
654	taken are the best that can be obtained is sufficient to meet
655	this requirement.
656	(3)  The department shall also investigate the mental
657	history and current mental and emotional fitness of any Class
658	"G" or Class "K" applicant, and may deny a Class "G" or Class
659	"K" license to anyone who has a history of mental illness or
660	drug or alcohol abuse.
661	Section 13.  Subsection (4) of section 493.6111, Florida
662	Statutes, is amended to read:
663	493.6111  License; contents; identification card.-
664	(4)  Notwithstanding the existence of a valid Florida
665	corporate registration, an no agency or school licensee may not
666	conduct activities regulated under this chapter under any
667	fictitious name without prior written authorization from the
668	department to use that name in the conduct of activities
669	regulated under this chapter. The department may not authorize
670	the use of a name which is so similar to that of a public
671	officer or agency, or of that used by another licensee, that the
672	public may be confused or misled thereby. The authorization for
673	the use of a fictitious name shall require, as a condition
674	precedent to the use of such name, the filing of a certificate
675	of engaging in business under a fictitious name under s. 865.09.
676	A No licensee may not shall be permitted to conduct business
677	under more than one fictitious name except as separately
678	licensed nor shall the license be valid to protect any licensee
679	who is engaged in the business under any name other than that
680	specified in the license. An agency desiring to change its
681	licensed name shall notify the department and, except upon
682	renewal, pay a fee not to exceed $30 for each license requiring
683	revision including those of all licensed employees except Class
684	"D" or Class "G" licensees. Upon the return of such licenses to
685	the department, revised licenses shall be provided.
686	Section 14.  Subsection (2) and paragraph (a) of subsection
687	(3) of section 493.6113, Florida Statutes, are amended to read:
688	493.6113  Renewal application for licensure.-
689	(2)  At least No less than 90 days before prior to the
690	expiration date of the license, the department shall mail a
691	written notice to the last known mailing residence address of
692	the licensee for individual licensees and to the last known
693	agency address for agencies.
694	(3)  Each licensee shall be responsible for renewing his or
695	her license on or before its expiration by filing with the
696	department an application for renewal accompanied by payment of
697	the prescribed license fee.
698	(a)  Each Class "B" Class "A," Class "B," or Class "R"
699	licensee shall additionally submit on a form prescribed by the
700	department a certification of insurance which evidences that the
701	licensee maintains coverage as required under s. 493.6110.
702	Section 15.  Subsection (8), paragraph (d) of subsection
703	(12), and subsection (16) of section 493.6115, Florida Statutes,
704	are amended to read:
705	493.6115  Weapons and firearms.-
706	(8)  A Class "G" applicant must satisfy the minimum
707	training criteria as set forth in s. 493.6105(5)(6) and as
708	established by rule of the department.
709	(12)  The department may issue a temporary Class "G"
710	license, on a case-by-case basis, if:
711	(d)  The applicant has received approval from the
712	department subsequent to its conduct of a criminal history
713	record check as authorized in s. 493.6108(1)(a)1. 493.6121(6).
714	(16)  If the criminal history record check program
715	referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the
716	department may issue a temporary "G" license on a case-by-case
717	basis, provided that the applicant has met all statutory
718	requirements for the issuance of a temporary "G" license as
719	specified in subsection (12), excepting the criminal history
720	record check stipulated there; provided, that the department
721	requires that the licensed employer of the applicant conduct a
722	criminal history record check of the applicant pursuant to
723	standards set forth in rule by the department, and provide to
724	the department an affidavit containing such information and
725	statements as required by the department, including a statement
726	that the criminal history record check did not indicate the
727	existence of any criminal history that would prohibit licensure.
728	Failure to properly conduct such a check, or knowingly providing
729	incorrect or misleading information or statements in the
730	affidavit shall constitute grounds for disciplinary action
731	against the licensed agency, including revocation of license.
732	Section 16.  Paragraph (u) of subsection (1) of section
733	493.6118, Florida Statutes, is redesignated as paragraph (v) and
734	amended, and a new paragraph (u) is added to that subsection, to
735	read:
736	493.6118  Grounds for disciplinary action.-
737	(1)  The following constitute grounds for which
738	disciplinary action specified in subsection (2) may be taken by
739	the department against any licensee, agency, or applicant
740	regulated by this chapter, or any unlicensed person engaged in
741	activities regulated under this chapter.
742	(u)  For a Class "G" or a Class "K" applicant or licensee,
743	being prohibited from purchasing or possessing a firearm by
744	state or federal law.
745	(v)(u)  In addition to the grounds for disciplinary action
746	prescribed in paragraphs (a)-(u) (a)-(t), Class "R" recovery
747	agencies, Class "E" recovery agents, and Class "EE" recovery
748	agent interns are prohibited from committing the following acts:
749	1.  Recovering a motor vehicle, mobile home, motorboat,
750	aircraft, personal watercraft, all-terrain vehicle, farm
751	equipment, or industrial equipment that has been sold under a
752	conditional sales agreement or under the terms of a chattel
753	mortgage before authorization has been received from the legal
754	owner or mortgagee.
755	2.  Charging for expenses not actually incurred in
756	connection with the recovery, transportation, storage, or
757	disposal of repossessed property or personal property obtained
758	in a repossession.
759	3.  Using any repossessed property or personal property
760	obtained in a repossession for the personal benefit of a
761	licensee or an officer, director, partner, manager, or employee
762	of a licensee.
763	4.  Selling property recovered under the provisions of this
764	chapter, except with written authorization from the legal owner
765	or the mortgagee thereof.
766	5.  Failing to notify the police or sheriff's department of
767	the jurisdiction in which the repossessed property is recovered
768	within 2 hours after recovery.
769	6.  Failing to remit moneys collected in lieu of recovery
770	of a motor vehicle, mobile home, motorboat, aircraft, personal
771	watercraft, all-terrain vehicle, farm equipment, or industrial
772	equipment to the client within 10 working days.
773	7.  Failing to deliver to the client a negotiable
774	instrument that is payable to the client, within 10 working days
775	after receipt of such instrument.
776	8.  Falsifying, altering, or failing to maintain any
777	required inventory or records regarding disposal of personal
778	property contained in or on repossessed property pursuant to s.
779	493.6404(1).
780	9.  Carrying any weapon or firearm when he or she is on
781	private property and performing duties under his or her license
782	whether or not he or she is licensed pursuant to s. 790.06.
783	10.  Soliciting from the legal owner the recovery of
784	property subject to repossession after such property has been
785	seen or located on public or private property if the amount
786	charged or requested for such recovery is more than the amount
787	normally charged for such a recovery.
788	11.  Wearing, presenting, or displaying a badge in the
789	course of performing a repossession regulated by this chapter.
790	Section 17.  Subsections (7) and (8) of section 493.6121,
791	Florida Statutes, are renumbered as subsections (6) and (7),
792	respectively, and present subsection (6) of that section is
793	amended, to read:
794	493.6121  Enforcement; investigation.-
795	(6)  The department shall be provided access to the program
796	that is operated by the Department of Law Enforcement, pursuant
797	to s. 790.065, for providing criminal history record information
798	to licensed gun dealers, manufacturers, and exporters. The
799	department may make inquiries, and shall receive responses in
800	the same fashion as provided under s. 790.065. The department
801	shall be responsible for payment to the Department of Law
802	Enforcement of the same fees as charged to others afforded
803	access to the program.
804	Section 18.  Subsection (3) of section 493.6202, Florida
805	Statutes, is amended to read:
806	493.6202  Fees.-
807	(3)  The fees set forth in this section must be paid by
808	certified check or money order or, at the discretion of the
809	department, by agency check at the time the application is
810	approved, except that the applicant for a Class "G," Class "C,"
811	Class "CC," Class "M," or Class "MA" license must pay the
812	license fee at the time the application is made. If a license is
813	revoked or denied or if the application is withdrawn, the
814	license fee shall not be refunded.
815	Section 19.  Subsections (2), (4), and (6) of section
816	493.6203, Florida Statutes, are amended to read:
817	493.6203  License requirements.-In addition to the license
818	requirements set forth elsewhere in this chapter, each
819	individual or agency shall comply with the following additional
820	requirements:
821	(2)  An applicant for a Class "MA" license shall have 2
822	years of lawfully gained, verifiable, full-time experience, or
823	training in:
824	(a)  Private investigative work or related fields of work
825	that provided equivalent experience or training;
826	(b)  Work as a Class "CC" licensed intern;
827	(c)  Any combination of paragraphs (a) and (b);
828	(d)  Experience described in paragraph (a) for 1 year and
829	experience described in paragraph (e) for 1 year;
830	(e)  No more than 1 year using:
831	1.  College coursework related to criminal justice,
832	criminology, or law enforcement administration; or
833	2.  Successfully completed law enforcement-related training
834	received from any federal, state, county, or municipal agency;
835	or
836	(f)  Experience described in paragraph (a) for 1 year and
837	work in a managerial or supervisory capacity for 1 year.
838
839	However, experience in performing bodyguard services is not
840	creditable toward the requirements of this subsection.
841	(4)  An applicant for a Class "C" license shall have 2
842	years of lawfully gained, verifiable, full-time experience, or
843	training in one, or a combination of more than one, of the
844	following:
845	(a)  Private investigative work or related fields of work
846	that provided equivalent experience or training.
847	(b)  College coursework related to criminal justice,
848	criminology, or law enforcement administration, or successful
849	completion of any law enforcement-related training received from
850	any federal, state, county, or municipal agency, except that no
851	more than 1 year may be used from this category.
852	(c)  Work as a Class "CC" licensed intern.
853
854	However, experience in performing bodyguard services is not
855	creditable toward the requirements of this subsection.
856	(6)(a)  A Class "CC" licensee shall serve an internship
857	under the direction and control of a designated sponsor, who is
858	a Class "C," Class "MA," or Class "M" licensee.
859	(b)  Effective July 1, 2010 September 1, 2008, before
860	submission of an application to the department, the an applicant
861	for a Class "CC" license must have completed a minimum of 40 at
862	least 24 hours of professional training a 40-hour course
863	pertaining to general investigative techniques and this chapter,
864	which course is offered by a state university or by a school,
865	community college, college, or university under the purview of
866	the Department of Education, and the applicant must pass an
867	examination. The training must be provided in two parts, one 24-
868	hour course and one 16-hour course. The certificate evidencing
869	satisfactory completion of the 40 at least 24 hours of
870	professional training a 40-hour course must be submitted with
871	the application for a Class "CC" license. The remaining 16 hours
872	must be completed and an examination passed within 180 days. If
873	documentation of completion of the required training is not
874	submitted within the specified timeframe, the individual's
875	license is automatically suspended or his or her authority to
876	work as a Class "CC" pursuant to s. 493.6105(9) is rescinded
877	until such time as proof of certificate of completion is
878	provided to the department. The training course specified in
879	this paragraph may be provided by face-to-face presentation,
880	online technology, or a home study course in accordance with
881	rules and procedures of the Department of Education. The
882	administrator of the examination must verify the identity of
883	each applicant taking the examination.
884	1.  Upon an applicant's successful completion of each part
885	of the approved training course and passage of any required
886	examination, the school, community college, college, or
887	university shall issue a certificate of completion to the
888	applicant. The certificates must be on a form established by
889	rule of the department.
890	2.  The department shall establish by rule the general
891	content of the professional training course and the examination
892	criteria.
893	3.  If the license of an applicant for relicensure is has
894	been invalid for more than 1 year, the applicant must complete
895	the required training and pass any required examination.
896	(c)  An individual who submits an application for a Class
897	"CC" license on or after September 1, 2008, through June 30,
898	2010, who has not completed the 16-hour course must submit proof
899	of successful completion of the course within 180 days after the
900	date the application is submitted. If documentation of
901	completion of the required training is not submitted by that
902	date, the individual's license is automatically suspended until
903	proof of the required training is submitted to the department.
904	An individual licensed on or before August 31, 2008, is not
905	required to complete additional training hours in order to renew
906	an active license beyond the required total amount of training,
907	and within the timeframe, in effect at the time he or she was
908	licensed.
909	Section 20.  Subsection (3) of section 493.6302, Florida
910	Statutes, is amended to read:
911	493.6302  Fees.-
912	(3)  The fees set forth in this section must be paid by
913	certified check or money order or, at the discretion of the
914	department, by agency check at the time the application is
915	approved, except that the applicant for a Class "D," Class "G,"
916	Class "M," or Class "MB" license must pay the license fee at the
917	time the application is made. If a license is revoked or denied
918	or if the application is withdrawn, the license fee shall not be
919	refunded.
920	Section 21.  Subsection (4) of section 493.6303, Florida
921	Statutes, is amended to read:
922	493.6303  License requirements.-In addition to the license
923	requirements set forth elsewhere in this chapter, each
924	individual or agency shall comply with the following additional
925	requirements:
926	(4)(a)  Effective July 1, 2010, an applicant for a Class
927	"D" license must submit proof of successful completion of
928	complete a minimum of 40 hours of professional training at a
929	school or training facility licensed by the department. The
930	training must be provided in two parts, one 24-hour course and
931	one 16-hour course. The department shall by rule establish the
932	general content and number of hours of each subject area to be
933	taught.
934	(b)  An individual who submits an application for a Class
935	"D" license on or after January 1, 2007, through June 30, 2010,
936	who has not completed the 16-hour course must submit proof of
937	successful completion of the course within 180 days after the
938	date the application is submitted. If documentation of
939	completion of the required training is not submitted by that
940	date, the individual's license is automatically suspended until
941	proof of the required training is submitted to the department.
942	This section does not require a person licensed before January
943	1, 2007, to complete additional training hours in order to renew
944	an active license beyond the required total amount of training
945	within the timeframe prescribed by law at the time he or she was
946	licensed. An applicant may fulfill the training requirement
947	prescribed in paragraph (a) by submitting proof of:
948	1.  Successful completion of the total number of required
949	hours of training before initial application for a Class "D"
950	license; or
951	2.  Successful completion of 24 hours of training before
952	initial application for a Class "D" license and successful
953	completion of the remaining 16 hours of training within 180 days
954	after the date that the application is submitted. If
955	documentation of completion of the required training is not
956	submitted within the specified timeframe, the individual's
957	license is automatically suspended until such time as proof of
958	the required training is provided to the department.
959	(c)  An individual However, any person whose license is
960	suspended or has been revoked, suspended pursuant to paragraph
961	(b) subparagraph 2., or is expired for at least 1 year, or
962	longer is considered, upon reapplication for a license, an
963	initial applicant and must submit proof of successful completion
964	of 40 hours of professional training at a school or training
965	facility licensed by the department as provided prescribed in
966	paragraph (a) before a license is will be issued. Any person
967	whose license was issued before January 1, 2007, and whose
968	license has been expired for less than 1 year must, upon
969	reapplication for a license, submit documentation of completion
970	of the total number of hours of training prescribed by law at
971	the time her or his initial license was issued before another
972	license will be issued. This subsection does not require an
973	individual licensed before January 1, 2007, to complete
974	additional training hours in order to renew an active license,
975	beyond the required total amount of training within the
976	timeframe prescribed by law at the time she or he was licensed.
977	Section 22.  Subsection (2) of section 493.6304, Florida
978	Statutes, is amended to read:
979	493.6304  Security officer school or training facility.-
980	(2)  The application shall be signed and verified by the
981	applicant under oath as provided in s. 92.525 notarized and
982	shall contain, at a minimum, the following information:
983	(a)  The name and address of the school or training
984	facility and, if the applicant is an individual, her or his
985	name, address, and social security or alien registration number.
986	(b)  The street address of the place at which the training
987	is to be conducted.
988	(c)  A copy of the training curriculum and final
989	examination to be administered.
990	Section 23.  Subsections (7) and (8) of section 493.6401,
991	Florida Statutes, are amended to read:
992	493.6401  Classes of licenses.-
993	(7)  Any person who operates a recovery agent repossessor
994	school or training facility or who conducts an Internet-based
995	training course or a correspondence training course must have a
996	Class "RS" license.
997	(8)  Any individual who teaches or instructs at a Class
998	"RS" recovery agent repossessor school or training facility
999	shall have a Class "RI" license.
1000	Section 24.  Paragraphs (f) and (g) of subsection (1) and
1001	subsection (3) of section 493.6402, Florida Statutes, are
1002	amended to read:
1003	493.6402  Fees.-
1004	(1)  The department shall establish by rule biennial
1005	license fees which shall not exceed the following:
1006	(f)  Class "RS" license-recovery agent repossessor school
1007	or training facility: $60.
1008	(g)  Class "RI" license-recovery agent repossessor school
1009	or training facility instructor: $60.
1010	(3)  The fees set forth in this section must be paid by
1011	certified check or money order, or, at the discretion of the
1012	department, by agency check at the time the application is
1013	approved, except that the applicant for a Class "E," Class "EE,"
1014	or Class "MR" license must pay the license fee at the time the
1015	application is made. If a license is revoked or denied, or if an
1016	application is withdrawn, the license fee shall not be refunded.
1017	Section 25.  Subsections (1) and (2) of section 493.6406,
1018	Florida Statutes, are amended to read:
1019	493.6406  Recovery agent Repossession services school or
1020	training facility.-
1021	(1)  Any school, training facility, or instructor who
1022	offers the training outlined in s. 493.6403(2) for Class "E" or
1023	Class "EE" applicants shall, before licensure of such school,
1024	training facility, or instructor, file with the department an
1025	application accompanied by an application fee in an amount to be
1026	determined by rule, not to exceed $60. The fee shall not be
1027	refundable. This training may be offered as face-to-face
1028	training, Internet-based training, or correspondence training.
1029	(2)  The application shall be signed and verified by the
1030	applicant under oath as provided in s. 92.525 notarized and
1031	shall contain, at a minimum, the following information:
1032	(a)  The name and address of the school or training
1033	facility and, if the applicant is an individual, his or her
1034	name, address, and social security or alien registration number.
1035	(b)  The street address of the place at which the training
1036	is to be conducted or the street address of the Class "RS"
1037	school offering Internet-based or correspondence training.
1038	(c)  A copy of the training curriculum and final
1039	examination to be administered.
1040	Section 26.  Subsection (1) of section 500.033, Florida
1041	Statutes, is amended to read:
1042	500.033  Florida Food Safety and Food Defense Advisory
1043	Council.-
1044	(1)  There is created the Florida Food Safety and Food
1045	Defense Advisory Council for the purpose of serving as a forum
1046	for presenting, investigating, and evaluating issues of current
1047	importance to the assurance of a safe and secure food supply to
1048	the citizens of Florida. The Florida Food Safety and Food
1049	Defense Advisory Council shall consist of, but not be limited
1050	to: the Commissioner of Agriculture or his or her designee; the
1051	State Surgeon General or his or her designee; the Secretary of
1052	Business and Professional Regulation or his or her designee; the
1053	person responsible for domestic security with the Department of
1054	Law Enforcement; members representing the production,
1055	processing, distribution, and sale of foods; members
1056	representing small farmers; consumers or members of citizens
1057	groups; representatives of food industry groups; scientists or
1058	other experts in aspects of food safety from state universities;
1059	representatives from local, state, and federal agencies that are
1060	charged with responsibilities for food safety or food defense;
1061	the chairs of the Agriculture Committees of the Senate and the
1062	House of Representatives or their designees; and the chairs of
1063	the committees of the Senate and the House of Representatives
1064	with jurisdictional oversight of home defense issues or their
1065	designees. The Commissioner of Agriculture shall appoint the
1066	remaining members. The council shall make periodic reports to
1067	the Department of Agriculture and Consumer Services concerning
1068	findings and recommendations in the area of food safety and food
1069	defense.
1070	Section 27.  Paragraph (a) of subsection (2) of section
1071	501.605, Florida Statutes, is amended to read:
1072	501.605  Licensure of commercial telephone sellers.-
1073	(2)  An applicant for a license as a commercial telephone
1074	seller must submit to the department, in such form as it
1075	prescribes, a written application for the license. The
1076	application must set forth the following information:
1077	(a)  The true name, date of birth, driver's license number,
1078	social security number, and home address of the applicant,
1079	including each name under which he or she intends to do
1080	business.
1081
1082	The application shall be accompanied by a copy of any: Script,
1083	outline, or presentation the applicant will require or suggest a
1084	salesperson to use when soliciting, or, if no such document is
1085	used, a statement to that effect; sales information or
1086	literature to be provided by the applicant to a salesperson; and
1087	sales information or literature to be provided by the applicant
1088	to a purchaser in connection with any solicitation.
1089	Section 28.  Paragraph (a) of subsection (1) of section
1090	501.607, Florida Statutes, is amended to read:
1091	501.607  Licensure of salespersons.-
1092	(1)  An applicant for a license as a salesperson must
1093	submit to the department, in such form as it prescribes, a
1094	written application for a license. The application must set
1095	forth the following information:
1096	(a)  The true name, date of birth, driver's license number,
1097	social security number, and home address of the applicant.
1098	Section 29.  Subsection (2) of section 501.913, Florida
1099	Statutes, is amended to read:
1100	501.913  Registration.-
1101	(2)  The completed application shall be accompanied by:
1102	(a)  Specimens or facsimiles of the label for each brand of
1103	antifreeze;
1104	(b)  An application fee of $200 for each brand; and
1105	(c)  A properly labeled sample of at least 1 gallon, but
1106	not more than 2 gallons, of each brand of antifreeze.
1107	Section 30.  Subsection (2) of section 525.01, Florida
1108	Statutes, is amended to read:
1109	525.01  Gasoline and oil to be inspected.-
1110	(2)  All petroleum fuels are shall be subject to inspection
1111	and analysis by the department. Before selling or offering for
1112	sale in this state any petroleum fuel, all manufacturers,
1113	terminal suppliers, wholesalers, and importers as defined in s.
1114	206.01 jobbers shall file with the department:
1115	(a)  An affidavit that they desire to do business in this
1116	state, and the name and address of the manufacturer of the
1117	petroleum fuel.
1118	(b)  An affidavit stating that the petroleum fuel is in
1119	conformity with the standards prescribed by department rule.
1120	Section 31.  Subsections (1) and (3) of section 525.09,
1121	Florida Statutes, are amended to read:
1122	525.09  Inspection fee.-
1123	(1)  For the purpose of defraying the expenses incident to
1124	inspecting, testing, and analyzing petroleum fuels in this
1125	state, there shall be paid to the department a charge of one-
1126	eighth cent per gallon on all gasoline, alternative fuel
1127	containing alcohol as defined in s. 525.01(1)(c)1. or 2.,
1128	kerosene (except when used as aviation turbine fuel), and #1
1129	fuel oil for sale or use in this state. This inspection fee
1130	shall be imposed in the same manner as the motor fuel tax
1131	pursuant to s. 206.41. Payment shall be made on or before the
1132	25th day of each month.
1133	(3)  All remittances to the department for the inspection
1134	tax herein provided shall be accompanied by a detailed report
1135	under oath showing the number of gallons of gasoline,
1136	alternative fuel containing alcohol as defined in s.
1137	525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered
1138	in each county.
1139	Section 32.  Section 526.50, Florida Statutes, is amended
1140	to read:
1141	526.50  Definition of terms.-As used in this part:
1142	(1)  "Brake fluid" means the fluid intended for use as the
1143	liquid medium through which force is transmitted in the
1144	hydraulic brake system of a vehicle operated upon the highways.
1145	(2)  "Brand" means the product name appearing on the label
1146	of a container of brake fluid.
1147	(3)(5)  "Container" means any receptacle in which brake
1148	fluid is immediately contained when sold, but does not mean a
1149	carton or wrapping in which a number of such receptacles are
1150	shipped or stored or a tank car or truck.
1151	(4)(2)  "Department" means the Department of Agriculture
1152	and Consumer Services.
1153	(5)  "Formula" means the name of the chemical mixture or
1154	composition of the brake fluid product.
1155	(6)(4)  "Labeling" includes all written, printed or graphic
1156	representations, in any form whatsoever, imprinted upon or
1157	affixed to any container of brake fluid.
1158	(7)(6)  "Permit year" means a period of 12 months
1159	commencing July 1 and ending on the next succeeding June 30.
1160	(8)(7)  "Registrant" means any manufacturer, packer,
1161	distributor, seller, or other person who has registered a brake
1162	fluid with the department.
1163	(9)(3)  "Sell" includes give, distribute, barter, exchange,
1164	trade, keep for sale, offer for sale or expose for sale, in any
1165	of their variant forms.
1166	Section 33.  Paragraph (a) of subsection (1) of section
1167	526.51, Florida Statutes, is amended to read:
1168	526.51  Registration; renewal and fees; departmental
1169	expenses; cancellation or refusal to issue or renew.-
1170	(1)(a)  Application for registration of each brand of brake
1171	fluid shall be made on forms to be supplied by the department.
1172	The applicant shall give his or her name and address and the
1173	brand name of the brake fluid, state that he or she owns the
1174	brand name and has complete control over the product sold
1175	thereunder in Florida, and provide the name and address of the
1176	resident agent in Florida. If the applicant does not own the
1177	brand name but wishes to register the product with the
1178	department, a notarized affidavit that gives the applicant full
1179	authorization to register the brand name and that is signed by
1180	the owner of the brand name must accompany the application for
1181	registration. The affidavit must include all affected brand
1182	names, the owner's company or corporate name and address, the
1183	applicant's company or corporate name and address, and a
1184	statement from the owner authorizing the applicant to register
1185	the product with the department. The owner of the brand name
1186	shall maintain complete control over each product sold under
1187	that brand name in this state. All first-time brand-formula
1188	combination new product applications must be accompanied by a
1189	certified report from an independent testing laboratory, setting
1190	forth the analysis of the brake fluid which shall show its
1191	quality to be not less than the specifications established by
1192	the department for brake fluids. A sample of not less than 24
1193	fluid ounces of brake fluid shall be submitted, in a container
1194	or containers, with labels representing exactly how the
1195	containers of brake fluid will be labeled when sold, and the
1196	sample and container shall be analyzed and inspected by the
1197	Division of Standards in order that compliance with the
1198	department's specifications and labeling requirements may be
1199	verified. Upon approval of the application, the department shall
1200	register the brand name of the brake fluid and issue to the
1201	applicant a permit authorizing the registrant to sell the brake
1202	fluid in this state during the permit year specified in the
1203	permit.
1204	Section 34.  Paragraph (a) of subsection (3) of section
1205	526.52, Florida Statutes, is amended to read:
1206	526.52  Specifications; adulteration and misbranding.-
1207	(3)  Brake fluid is deemed to be misbranded:
1208	(a)  If its container does not bear on its side or top a
1209	label on which is printed the name and place of business of the
1210	registrant of the product, the words "brake fluid," and a
1211	statement that the product therein equals or exceeds the minimum
1212	specification of the Society of Automotive Engineers for heavy-
1213	duty-type brake fluid or equals or exceeds Federal Motor Vehicle
1214	Safety Standard No. 116 adopted by the United States Department
1215	of Transportation, heavy-duty-type. By regulation the department
1216	may require that the duty-type classification appear on the
1217	label.
1218	Section 35.  Subsection (2) of section 526.53, Florida
1219	Statutes, is amended to read:
1220	526.53  Enforcement; inspection and analysis, stop-sale and
1221	disposition, regulations.-
1222	(2)(a)  When any brake fluid is sold in violation of any of
1223	the provisions of this part, all such affected brake fluid of
1224	the same brand name on the same premises on which the violation
1225	occurred shall be placed under a stop-sale order by the
1226	department by serving the owner of the brand name, distributor,
1227	or other entity responsible for selling or distributing the
1228	product in the state with the stop-sale order. The department
1229	shall withdraw its stop-sale order upon the removal of the
1230	violation or upon voluntary destruction of the product, or other
1231	disposal approved by the department, under the supervision of
1232	the department.
1233	(b)  In addition to being subject to the stop-sale
1234	procedures above, unregistered brake fluid shall be held by the
1235	department or its representative, at a place to be designated in
1236	the stop-sale order, until properly registered and released in
1237	writing by the department or its representative. If application
1238	is has not been made for registration of the such product within
1239	30 days after issue of the stop-sale order, such product shall
1240	be disposed of by the department, or, with the department's
1241	consent, by the business, to any tax-supported institution or
1242	agency of the state if the brake fluid meets legal
1243	specifications or by other disposal authorized by rule of the
1244	department if it fails to meet legal specifications.
1245	Section 36.  Subsections (1) and (3) and paragraphs (a) and
1246	(c) of subsection (5) of section 527.0201, Florida Statutes, are
1247	amended to read:
1248	527.0201  Qualifiers; master qualifiers; examinations.-
1249	(1)  In addition to the requirements of s. 527.02, any
1250	person applying for a license to engage in the activities of a
1251	pipeline system operator, category I liquefied petroleum gas
1252	dealer, category II liquefied petroleum gas dispenser, category
1253	IV liquefied petroleum gas dispenser and recreational vehicle
1254	servicer, category V liquefied petroleum gases dealer for
1255	industrial uses only, LP gas installer, specialty installer,
1256	requalifier requalification of cylinders, or fabricator,
1257	repairer, and tester of vehicles and cargo tanks must prove
1258	competency by passing a written examination administered by the
1259	department or its agent with a grade of at least 75 percent in
1260	each area tested or above. Each applicant for examination shall
1261	submit a $20 nonrefundable fee. The department shall by rule
1262	specify the general areas of competency to be covered by each
1263	examination and the relative weight to be assigned in grading
1264	each area tested.
1265	(3)  Qualifier cards issued to category I liquefied
1266	petroleum gas dealers and liquefied petroleum gas installers
1267	shall expire 3 years after the date of issuance. All category I
1268	liquefied petroleum gas dealer qualifiers and liquefied
1269	petroleum gas installer qualifiers holding a valid qualifier
1270	card upon the effective date of this act shall retain their
1271	qualifier status until July 1, 2003, and may sit for the master
1272	qualifier examination at any time during that time period. All
1273	such category I liquefied petroleum gas dealer qualifiers and
1274	liquefied petroleum gas installer qualifiers may renew their
1275	qualification on or before July 1, 2003, upon application to the
1276	department, payment of a $20 renewal fee, and documentation of
1277	the completion of a minimum of 16 12 hours of approved
1278	continuing education courses, as defined by department rule,
1279	during the previous 3-year period. Applications for renewal must
1280	be made 30 calendar days prior to expiration. Persons failing to
1281	renew prior to the expiration date must reapply and take a
1282	qualifier competency examination in order to reestablish
1283	category I liquefied petroleum gas dealer qualifier and
1284	liquefied petroleum gas installer qualifier status. If a
1285	category I liquefied petroleum gas qualifier or liquefied
1286	petroleum gas installer qualifier becomes a master qualifier at
1287	any time during the effective date of the qualifier card, the
1288	card shall remain in effect until expiration of the master
1289	qualifier certification.
1290	(5)  In addition to all other licensing requirements, each
1291	category I liquefied petroleum gas dealer and liquefied
1292	petroleum gas installer must, at the time of application for
1293	licensure, identify to the department one master qualifier who
1294	is a full-time employee at the licensed location. This person
1295	shall be a manager, owner, or otherwise primarily responsible
1296	for overseeing the operations of the licensed location and must
1297	provide documentation to the department as provided by rule. The
1298	master qualifier requirement shall be in addition to the
1299	requirements of subsection (1).
1300	(a)  In order to apply for certification as a master
1301	qualifier, each applicant must be a category I liquefied
1302	petroleum gas dealer qualifier or liquefied petroleum gas
1303	installer qualifier, must be employed by a licensed category I
1304	liquefied petroleum gas dealer, liquefied petroleum gas
1305	installer, or applicant for such license, must provide
1306	documentation of a minimum of 1 year's work experience in the
1307	gas industry, and must pass a master qualifier competency
1308	examination. Master qualifier examinations shall be based on
1309	Florida's laws, rules, and adopted codes governing liquefied
1310	petroleum gas safety, general industry safety standards, and
1311	administrative procedures. The examination must be successfully
1312	passed completed by the applicant with a grade of at least 75
1313	percent or more. Each applicant for master qualifier status
1314	shall submit to the department a nonrefundable $30 examination
1315	fee prior to the examination.
1316	(c)  Master qualifier status shall expire 3 years after the
1317	date of issuance of the certificate and may be renewed by
1318	submission to the department of documentation of completion of
1319	at least 16 12 hours of approved continuing education courses
1320	during the 3-year period; proof of employment with a licensed
1321	category I liquefied petroleum gas dealer, liquefied petroleum
1322	gas installer, or applicant; and a $30 certificate renewal fee.
1323	The department shall define, by rule, approved courses of
1324	continuing education.
1325	Section 37.  Section 527.12, Florida Statutes, is amended
1326	to read:
1327	527.12  Cease and desist orders; stop-use orders; stop-
1328	operation orders; stop-sale orders; administrative fines.-
1329	(1)  Whenever the department has shall have reason to
1330	believe that any person is violating or has violated been
1331	violating provisions of this chapter or any rules adopted under
1332	this chapter pursuant thereto, the department it may issue a
1333	cease and desist order, or impose a civil penalty, or do both
1334	may issue such cease and desist order and impose a civil
1335	penalty.
1336	(2)  Whenever a person or liquefied petroleum gas system or
1337	storage facility, or any part or component thereof, fails to
1338	comply with this chapter or any rules adopted under this
1339	chapter, the department may issue a stop-use order, stop-
1340	operation order, or stop-sale order.
1341	Section 38.  Subsection (1) of section 559.805, Florida
1342	Statutes, is amended to read:
1343	559.805  Filings with the department; disclosure of
1344	advertisement identification number.-
1345	(1)  Every seller of a business opportunity shall annually
1346	file with the department a copy of the disclosure statement
1347	required by s. 559.803 before prior to placing an advertisement
1348	or making any other representation designed to offer to, sell
1349	to, or solicit an offer to buy a business opportunity from a
1350	prospective purchaser in this state and shall update this filing
1351	by reporting any material change in the required information
1352	within 30 days after the material change occurs. An
1353	advertisement is not placed in the state merely because the
1354	publisher circulates, or there is circulated on his or her
1355	behalf in the state, any bona fide newspaper or other
1356	publication of general, regular, and paid circulation which has
1357	had more than two-thirds of its circulation during the past 12
1358	months outside the state or because a radio or television
1359	program originating outside the state is received in the state.
1360	If the seller is required by s. 559.807 to provide a bond or
1361	establish a trust account or guaranteed letter of credit, he or
1362	she shall contemporaneously file with the department a copy of
1363	the bond, a copy of the formal notification by the depository
1364	that the trust account is established, or a copy of the
1365	guaranteed letter of credit. Every seller of a business
1366	opportunity shall file with the department a list of independent
1367	agents who will engage in the offer or sale of business
1368	opportunities on behalf of the seller in this state. This list
1369	must be kept current and shall include the following
1370	information: name, home and business address, telephone number,
1371	present employer, social security number, and birth date. A No
1372	person may not shall be allowed to offer or sell business
1373	opportunities unless the required information is has been
1374	provided to the department.
1375	Section 39.  Subsection (3) of section 559.928, Florida
1376	Statutes, is amended to read:
1377	559.928  Registration.-
1378	(3)  Each independent agent shall annually file an
1379	affidavit with the department before prior to engaging in
1380	business in this state. This affidavit must include the
1381	independent agent's full name, legal business or trade name,
1382	mailing address, business address, telephone number, social
1383	security number, and the name or names and addresses of each
1384	seller of travel represented by the independent agent. A letter
1385	evidencing proof of filing must be issued by the department and
1386	must be prominently displayed in the independent agent's primary
1387	place of business. Each independent agent must also submit an
1388	annual registration fee of $50. All moneys collected pursuant to
1389	the imposition of the fee shall be deposited by the Chief
1390	Financial Officer into the General Inspection Trust Fund of the
1391	Department of Agriculture and Consumer Services for the sole
1392	purpose of administrating this part. As used in this subsection,
1393	the term "independent agent" means a person who represents a
1394	seller of travel by soliciting persons on its behalf; who has a
1395	written contract with a seller of travel which is operating in
1396	compliance with this part and any rules adopted thereunder; who
1397	does not receive a fee, commission, or other valuable
1398	consideration directly from the purchaser for the seller of
1399	travel; who does not at any time have any unissued ticket stock
1400	or travel documents in his or her possession; and who does not
1401	have the ability to issue tickets, vacation certificates, or any
1402	other travel document. The term "independent agent" does not
1403	include an affiliate of the seller of travel, as that term is
1404	used in s. 559.935(3), or the employees of the seller of travel
1405	or of such affiliates.
1406	Section 40.  Paragraph (c) of subsection (16) of section
1407	570.07, Florida Statutes, is amended to read:
1408	570.07  Department of Agriculture and Consumer Services;
1409	functions, powers, and duties.-The department shall have and
1410	exercise the following functions, powers, and duties:
1411	(16)  To enforce the state laws and rules relating to:
1412	(c)  Registration, labeling, inspection, sale, and analysis
1413	of commercial stock feeds and commercial fertilizers;
1414
1415	In order to ensure uniform health and safety standards, the
1416	adoption of standards and fines in the subject areas of
1417	paragraphs (a)-(n) is expressly preempted to the state and the
1418	department. Any local government enforcing the subject areas of
1419	paragraphs (a)-(n) must use the standards and fines set forth in
1420	the pertinent statutes or any rules adopted by the department
1421	pursuant to those statutes.
1422	Section 41.  Subsection (7) of section 570.0725, Florida
1423	Statutes, is amended to read:
1424	570.0725  Food recovery; legislative intent; department
1425	functions.-
1426	(7)  For public information purposes, the department may
1427	shall develop and provide a public information brochure
1428	detailing the need for food banks and similar of food recovery
1429	programs, the benefit of such food recovery programs, the manner
1430	in which such organizations may become involved in such food
1431	recovery programs, and the protection afforded to such programs
1432	under s. 768.136, and the food recovery entities or food banks
1433	that exist in the state. This brochure must be updated annually.
1434	A food bank or similar food recovery organization seeking to be
1435	included on a list of such organizations must notify the
1436	department and provide the information required by rule of the
1437	department. Such organizations are responsible for updating the
1438	information and providing the updated information to the
1439	department. The department may adopt rules to implement this
1440	section.
1441	Section 42.  Paragraph (e) of subsection (6) of section
1442	570.53, Florida Statutes, is amended to read:
1443	570.53  Division of Marketing and Development; powers and
1444	duties.-The powers and duties of the Division of Marketing and
1445	Development include, but are not limited to:
1446	(6)
1447	(e)  Extending in every practicable way the distribution
1448	and sale of Florida agricultural products throughout the markets
1449	of the world as required of the department by s. ss. 570.07(7),
1450	(8), (10), and (11) and 570.071 and chapters 571, 573, and 574.
1451	Section 43.  Subsection (2) of section 570.54, Florida
1452	Statutes, is amended to read:
1453	570.54  Director; duties.-
1454	(2)  It shall be the duty of the director of this division
1455	to supervise, direct, and coordinate the activities authorized
1456	by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and
1457	(20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and
1458	chapters 504, 571, 573, and 574 and to exercise other powers and
1459	authority as authorized by the department.
1460	Section 44.  Subsection (4) of section 570.55, Florida
1461	Statutes, is amended to read:
1462	570.55  Identification of sellers or handlers of tropical
1463	or subtropical fruit and vegetables; containers specified;
1464	penalties.-
1465	(4)  IDENTIFICATION OF HANDLER.-At the time of each
1466	transaction involving the handling or sale of 55 pounds or more
1467	of tropical or subtropical fruit or vegetables in the primary
1468	channel of trade, the buyer or receiver of the tropical or
1469	subtropical fruit or vegetables shall demand a bill of sale,
1470	invoice, sales memorandum, or other document listing the date of
1471	the transaction, the quantity of the tropical or subtropical
1472	fruit or vegetables involved in the transaction, and the
1473	identification of the seller or handler as it appears on the
1474	driver's license of the seller or handler, including the
1475	driver's license number. If the seller or handler does not
1476	possess a driver's license, the buyer or receiver shall use any
1477	other acceptable means of identification, which may include, but
1478	is not limited to, i.e., voter's registration card and number,
1479	draft card, social security card, or other identification.
1480	However, no less than two identification documents shall be
1481	used. The identification of the seller or handler shall be
1482	recorded on the bill of sale, sales memorandum, invoice, or
1483	voucher, which shall be retained by the buyer or receiver for a
1484	period of not less than 1 year from the date of the transaction.
1485	Section 45.  Subsection (3) of section 570.902, Florida
1486	Statutes, is amended to read:
1487	570.902  Definitions; ss. 570.902 and 570.903.-For the
1488	purpose of ss. 570.902 and 570.903:
1489	(3)  "Museum" means the Florida Agricultural Museum which
1490	is designated as the museum for agriculture and rural history of
1491	the State of Florida.
1492	Section 46.  Section 570.903, Florida Statutes, is amended
1493	to read:
1494	570.903  Direct-support organization.-
1495	(1)  When the Legislature authorizes the establishment of a
1496	direct-support organization to provide assistance for the
1497	museums, the Florida Agriculture in the Classroom Program, the
1498	Florida State Collection of Arthropods, the Friends of the
1499	Florida State Forests Program of the Division of Forestry, and
1500	the Forestry Arson Alert Program, and other programs of the
1501	department, the following provisions shall govern the creation,
1502	use, powers, and duties of the direct-support organization.
1503	(a)  The department shall enter into a memorandum or letter
1504	of agreement with the direct-support organization, which shall
1505	specify the approval of the department, the powers and duties of
1506	the direct-support organization, and rules with which the
1507	direct-support organization shall comply.
1508	(b)  The department may permit, without charge, appropriate
1509	use of property, facilities, and personnel of the department by
1510	a direct-support organization, subject to the provisions of ss.
1511	570.902 and 570.903. The use shall be directly in keeping with
1512	the approved purposes of the direct-support organization and
1513	shall not be made at times or places that would unreasonably
1514	interfere with opportunities for the general public to use
1515	department facilities for established purposes.
1516	(c)  The department shall prescribe by contract or by rule
1517	conditions with which a direct-support organization shall comply
1518	in order to use property, facilities, or personnel of the
1519	department or museum. Such rules shall provide for budget and
1520	audit review and oversight by the department.
1521	(d)  The department shall not permit the use of property,
1522	facilities, or personnel of the museum, department, or
1523	designated program by a direct-support organization which does
1524	not provide equal employment opportunities to all persons
1525	regardless of race, color, religion, sex, age, or national
1526	origin.
1527	(2)(a)  The direct-support organization shall be empowered
1528	to conduct programs and activities; raise funds; request and
1529	receive grants, gifts, and bequests of money; acquire, receive,
1530	hold, invest, and administer, in its own name, securities,
1531	funds, objects of value, or other property, real or personal;
1532	and make expenditures to or for the direct or indirect benefit
1533	of the museum or designated program.
1534	(b)  Notwithstanding the provisions of s. 287.057, the
1535	direct-support organization may enter into contracts or
1536	agreements with or without competitive bidding for the
1537	restoration of objects, historical buildings, and other
1538	historical materials or for the purchase of objects, historical
1539	buildings, and other historical materials which are to be added
1540	to the collections of the museum, or benefit of the designated
1541	program. However, before the direct-support organization may
1542	enter into a contract or agreement without competitive bidding,
1543	the direct-support organization shall file a certification of
1544	conditions and circumstances with the internal auditor of the
1545	department justifying each contract or agreement.
1546	(c)  Notwithstanding the provisions of s. 287.025(1)(e),
1547	the direct-support organization may enter into contracts to
1548	insure property of the museum or designated programs and may
1549	insure objects or collections on loan from others in satisfying
1550	security terms of the lender.
1551	(3)  The direct-support organization shall provide for an
1552	annual financial audit in accordance with s. 215.981.
1553	(4)  Neither a designated program or a museum, nor a
1554	nonprofit corporation trustee or employee may:
1555	(a)  Receive a commission, fee, or financial benefit in
1556	connection with the sale or exchange of property historical
1557	objects or properties to the direct-support organization, the
1558	museum, or the designated program; or
1559	(b)  Be a business associate of any individual, firm, or
1560	organization involved in the sale or exchange of property to the
1561	direct-support organization, the museum, or the designated
1562	program.
1563	(5)  All moneys received by the direct-support organization
1564	shall be deposited into an account of the direct-support
1565	organization and shall be used by the organization in a manner
1566	consistent with the goals of the museum or designated program.
1567	(6)  The identity of a donor or prospective donor who
1568	desires to remain anonymous and all information identifying such
1569	donor or prospective donor are confidential and exempt from the
1570	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1571	Constitution.
1572	(7)  The Commissioner of Agriculture, or the commissioner's
1573	designee, may serve on the board of trustees and the executive
1574	committee of any direct-support organization established to
1575	benefit the museum or any designated program.
1576	(8)  The department shall establish by rule archival
1577	procedures relating to museum artifacts and records. The rules
1578	shall provide procedures which protect the museum's artifacts
1579	and records equivalent to those procedures which have been
1580	established by the Department of State under chapters 257 and
1581	267.
1582	Section 47.  Subsection (4) of section 573.118, Florida
1583	Statutes, is amended to read:
1584	573.118  Assessment; funds; audit; loans.-
1585	(4)  In the event of levying and collecting of assessments,
1586	for each fiscal year in which assessment funds are received by
1587	the department, the department shall maintain records of
1588	collections and expenditures for each marketing order separately
1589	within the state's accounting system. If requested by an
1590	advisory council, department staff shall cause to be made a
1591	thorough annual audit of the books and accounts by a certified
1592	public accountant, such audit to be completed within 60 days
1593	after the request is received end of the fiscal year. The
1594	advisory council department and all producers and handlers
1595	covered by the marketing order shall be provided a copy of the
1596	properly advised of the details of the annual official audit of
1597	the accounts as shown by the certified public accountant within
1598	30 days after completion of the audit.
1599	Section 48.  Subsections (18) through (30) of section
1600	581.011, Florida Statutes, are renumbered as subsections (17)
1601	through (29), respectively, and present subsections (17) and
1602	(20) of that section are amended to read:
1603	581.011  Definitions.-As used in this chapter:
1604	(17)  "Museum" means the Florida State Collection of
1605	Arthropods.
1606	(19)(20)  "Nursery" means any grounds or premises on or in
1607	which nursery stock is grown, propagated, or held for sale or
1608	distribution, including except where aquatic plant species are
1609	tended for harvest in the natural environment.
1610	Section 49.  Paragraph (a) of subsection (3) of section
1611	581.211, Florida Statutes, is amended to read:
1612	581.211  Penalties for violations.-
1613	(3)(a)1.  In addition to any other provision of law, the
1614	department may, after notice and hearing, impose an
1615	administrative fine not exceeding $10,000 $5,000 for each
1616	violation of this chapter, upon any person, nurseryman, stock
1617	dealer, agent or plant broker. The fine, when paid, shall be
1618	deposited in the Plant Industry Trust Fund. In addition, the
1619	department may place the violator on probation for up to 1 year,
1620	with conditions.
1621	2.  The imposition of a fine or probation pursuant to this
1622	subsection may be in addition to or in lieu of the suspension or
1623	revocation of a certificate of registration or certificate of
1624	inspection.
1625	Section 50.  Section 583.13, Florida Statutes, is amended
1626	to read:
1627	583.13  Labeling and advertising requirements for dressed
1628	poultry; unlawful acts.-
1629	(1)  It is unlawful for any dealer or broker to sell, offer
1630	for sale, or hold for the purpose of sale in the state any
1631	dressed or ready-to-cook poultry in bulk unless the such poultry
1632	is packed in a container clearly bearing a label, not less than
1633	3 inches by 5 inches, on which shall be plainly and legibly
1634	printed, in letters of not less than 1/4 inch high in height,
1635	the grade and the part name or whole-bird statement of such
1636	poultry. The grade may be expressed in the term "premium,"
1637	"good," or "standard," or as the grade of another state or
1638	federal agency the standards of quality of which, by law, are
1639	equal to the standards of quality provided by this law and rules
1640	promulgated hereunder.
1641	(2)  It is unlawful to sell unpackaged dressed or ready-to-
1642	cook poultry at retail unless such poultry is labeled by a
1643	placard immediately adjacent to the poultry or unless each bird
1644	is individually labeled to show the grade and the part name or
1645	whole-bird statement. The placard shall be no smaller than 7
1646	inches by 7 inches in size, and the required labeling
1647	information shall be legibly and plainly printed on the placard
1648	in letters not smaller than 1 inch in height.
1649	(3)  It is unlawful to sell packaged dressed or ready-to-
1650	cook poultry at retail unless such poultry is labeled to show
1651	the grade, the part name or whole-bird statement, the net weight
1652	of the poultry, and the name and address of the dealer. The size
1653	of the type on the label must be one-eighth inch or larger. A
1654	placard immediately adjacent to such poultry may be used to
1655	indicate the grade and the part name or whole-bird statement,
1656	but not the net weight of the poultry or the name and address of
1657	the dealer.
1658	(4)  It is unlawful to use dressed or ready-to-cook poultry
1659	in bulk in the preparation of food served to the public, or to
1660	hold such poultry for the purpose of such use, unless the
1661	poultry when received was packed in a container clearly bearing
1662	a label, not less than 3 inches by 5 inches, on which was
1663	plainly and legibly printed, in letters not less than 1/4 one-
1664	fourth inch high in height, the grade and the part name or
1665	whole-bird statement of such poultry. The grade may be expressed
1666	in the term "premium," "good," or "standard," or as the grade of
1667	another state or federal agency the standards of quality of
1668	which, by law, are equal to the standards of quality provided by
1669	this law and rules promulgated hereunder.
1670	(5)  It is unlawful to offer dressed or ready-to-cook
1671	poultry for sale in any advertisement in a newspaper or
1672	circular, on radio or television, or in any other form of
1673	advertising without plainly designating in such advertisement
1674	the grade and the part name or whole-bird statement of such
1675	poultry.
1676	Section 51.  Subsection (1) of section 585.61, Florida
1677	Statutes, is amended to read:
1678	585.61  Animal disease diagnostic laboratories.-
1679	(1)  There is hereby created and established an animal
1680	disease diagnostic laboratory in Osceola County and Suwannee
1681	County. The laboratory complex in Osceola County is designated
1682	as the "Bronson Animal Disease Diagnostic Laboratory."
1683	Section 52.  Subsections (4) and (5) of section 590.125,
1684	Florida Statutes, are renumbered as subsections (5) and (6),
1685	respectively, subsection (1), paragraph (b) of subsection (3),
1686	and paragraph (c) of present subsection (4) are amended, and new
1687	subsections (4) and (7) are added to that section, to read:
1688	590.125  Open burning authorized by the division.-
1689	(1)  DEFINITIONS.-As used in this section, the term:
1690	(a)  "Certified pile burner" means an individual who
1691	successfully completes the division's pile burning certification
1692	program and possesses a valid pile burner certification number.
1693	(b)  "Certified prescribed burn manager" means an
1694	individual who successfully completes the certified prescribed
1695	burning certification program of the division and possesses a
1696	valid certification number.
1697	(c)(d)  "Extinguished" means:
1698	1.  that no spreading flame For wild land burning or
1699	certified prescribed burning, that no spreading flames exist.
1700	2.  and no visible flame, smoke, or emissions For
1701	vegetative land-clearing debris burning or pile burning, that no
1702	visible flames exist.
1703	3.  For vegetative land-clearing debris burning or pile
1704	burning in an area designated as smoke sensitive by the
1705	division, that no visible flames, smoke, or emissions exist.
1706	(d)  "Land-clearing operation" means the uprooting or
1707	clearing of vegetation in connection with the construction of
1708	buildings and rights-of-way, land development, and mineral
1709	operations. The term does not include the clearing of yard
1710	trash.
1711	(e)  "Pile burning" means the burning of silvicultural,
1712	agricultural, or land-clearing and tree-cutting debris
1713	originating onsite, which is stacked together in a round or
1714	linear fashion, including, but not limited to, a windrow.
1715	(f)(a)  "Prescribed burning" means the controlled
1716	application of fire in accordance with a written prescription
1717	for vegetative fuels under specified environmental conditions
1718	while following appropriate precautionary measures that ensure
1719	that the fire is confined to a predetermined area to accomplish
1720	the planned fire or land-management objectives.
1721	(g)(c)  "Prescription" means a written plan establishing
1722	the criteria necessary for starting, controlling, and
1723	extinguishing a prescribed burn.
1724	(h)  "Yard trash" means vegetative matter resulting from
1725	landscaping and yard maintenance operations and other such
1726	routine property cleanup activities. The term includes materials
1727	such as leaves, shrub trimmings, grass clippings, brush, and
1728	palm fronds.
1729	(3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
1730	PURPOSE.-
1731	(b)  Certified prescribed burning pertains only to
1732	broadcast burning for purposes of silviculture, wildlife
1733	management, ecological maintenance and restoration, and range
1734	and pasture management. It must be conducted in accordance with
1735	this subsection and:
1736	1.  May be accomplished only when a certified prescribed
1737	burn manager is present on site with a copy of the prescription
1738	from ignition of the burn to its completion.
1739	2.  Requires that a written prescription be prepared before
1740	receiving authorization to burn from the division.
1741	3.  Requires that the specific consent of the landowner or
1742	his or her designee be obtained before requesting an
1743	authorization.
1744	4.  Requires that an authorization to burn be obtained from
1745	the division before igniting the burn.
1746	5.  Requires that there be adequate firebreaks at the burn
1747	site and sufficient personnel and firefighting equipment for the
1748	control of the fire.
1749	6.  Is considered to be in the public interest and does not
1750	constitute a public or private nuisance when conducted under
1751	applicable state air pollution statutes and rules.
1752	7.  Is considered to be a property right of the property
1753	owner if vegetative fuels are burned as required in this
1754	subsection.
1755	(4)  CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND
1756	PURPOSE.-
1757	(a)  Pile burning is a tool that benefits current and
1758	future generations in Florida by disposing of naturally
1759	occurring vegetative debris through burning rather than
1760	disposing of the debris in landfills.
1761	(b)  Certified pile burning pertains to the disposal of
1762	piled, naturally occurring debris from an agricultural,
1763	silvicultural, or temporary land-clearing operation. A land-
1764	clearing operation is temporary if it operates for 6 months or
1765	less. Certified pile burning must be conducted in accordance
1766	with this subsection, and:
1767	1.  A certified pile burner must ensure, before ignition,
1768	that the piles are properly placed and that the content of the
1769	piles is conducive to efficient burning.
1770	2.  A certified pile burner must ensure that the piles are
1771	properly extinguished no later than 1 hour after sunset. If the
1772	burn is conducted in an area designated by the division as smoke
1773	sensitive, a certified pile burner must ensure that the piles
1774	are properly extinguished at least 1 hour before sunset.
1775	3.  A written pile burn plan must be prepared before
1776	receiving authorization from the division to burn.
1777	4.  The specific consent of the landowner or his or her
1778	agent must be obtained before requesting authorization to burn.
1779	5.  An authorization to burn must be obtained from the
1780	division or its designated agent before igniting the burn.
1781	6.  There must be adequate firebreaks and sufficient
1782	personnel and firefighting equipment at the burn site to control
1783	the fire.
1784	(c)  If a burn is conducted in accordance with this
1785	subsection, the property owner and his or her agent are not
1786	liable under s. 590.13 for damage or injury caused by the fire
1787	or resulting smoke, and are not in violation of subsection (2),
1788	unless gross negligence is proven.
1789	(d)  A certified pile burner who violates this section
1790	commits a misdemeanor of the second degree, punishable as
1791	provided in s. 775.082 or s. 775.083.
1792	(e)  The division shall adopt rules regulating certified
1793	pile burning. The rules shall include procedures and criteria
1794	for certifying and decertifying certified pile burn managers
1795	based on past experience, training, and record of compliance
1796	with this section.
1797	(5)(4)  WILDFIRE HAZARD REDUCTION TREATMENT BY THE
1798	DIVISION.-The division may conduct fuel reduction initiatives,
1799	including, but not limited to, burning and mechanical and
1800	chemical treatment, on any area of wild land within the state
1801	which is reasonably determined to be in danger of wildfire in
1802	accordance with the following procedures:
1803	(c)  Prepare, and send the county tax collector shall
1804	include with the annual tax statement, a notice to be sent to
1805	all landowners in each area township designated by the division
1806	as a wildfire hazard area. The notice must describe particularly
1807	the area to be treated and the tentative date or dates of the
1808	treatment and must list the reasons for and the expected
1809	benefits from the wildfire hazard reduction.
1810	(7)  DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
1811	AUTHORIZATION PROGRAMS.-
1812	(a)  A county or municipality may exercise the division's
1813	authority, if delegated by the division under this subsection,
1814	to issue authorizations for the burning of yard trash or debris
1815	from land-clearing operations. A county's or municipality's
1816	existing or proposed open burning authorization program must:
1817	1.  Be approved by the division. The division shall not
1818	approve a program if it fails to meet the requirements of
1819	subsections (2) and (4) and any rules adopted under those
1820	subsections.
1821	2.  Provide by ordinance or local law the requirements for
1822	obtaining and performing a burn authorization that comply with
1823	subsections (2) and (4) and any rules adopted under those
1824	subsections.
1825	3.  Provide for the enforcement of the program's
1826	requirements.
1827	4.  Provide financial, personnel, and other resources
1828	needed to carry out the program.
1829	(b)  If the division determines that a county's or
1830	municipality's open burning authorization program does not
1831	comply with subsections (2) and (4) and any rules adopted under
1832	those subsections, the division shall require the county or
1833	municipality to take necessary corrective actions within a
1834	reasonable period, not to exceed 90 days.
1835	1.  If the county or municipality fails to take the
1836	necessary corrective actions within the required period, the
1837	division shall resume administration of the open burning
1838	authorization program in the county or municipality and the
1839	county or municipality shall cease administration of its
1840	program.
1841	2.  Each county and municipality administering an open
1842	burning authorization program must cooperate with and assist the
1843	division in carrying out the division's powers, duties, and
1844	functions.
1845	3.  A person who violates the requirements of a county's or
1846	municipality's open burning authorization program, as provided
1847	by ordinance or local law enacted pursuant to this section,
1848	commits a violation of this chapter, punishable as provided in
1849	s. 590.14.
1850	Section 53.  Section 590.14, Florida Statutes, is amended
1851	to read:
1852	590.14  Notice of violation; penalties.-
1853	(1)  If a division employee determines that a person has
1854	violated chapter 589, or this chapter, or any rule adopted by
1855	the division to administer provisions of law conferring duties
1856	upon the division, the division employee he or she may issue a
1857	notice of violation indicating the statute violated. This notice
1858	will be filed with the division and a copy forwarded to the
1859	appropriate law enforcement entity for further action if
1860	necessary.
1861	(2)  In addition to any penalties provided by law, any
1862	person who causes a wildfire or permits any authorized fire to
1863	escape the boundaries of the authorization or to burn past the
1864	time of the authorization is liable for the payment of all
1865	reasonable costs and expenses incurred in suppressing the fire
1866	or $150, whichever is greater. All costs and expenses incurred
1867	by the division shall be payable to the division. When such
1868	costs and expenses are not paid within 30 days after demand, the
1869	division may take proper legal proceedings for the collection of
1870	the costs and expenses. Those costs incurred by an agency acting
1871	at the division's direction are recoverable by that agency.
1872	(3)  The department may also impose an administrative fine,
1873	not to exceed $1,000 per violation of any section of chapter 589
1874	or this chapter or violation of any rule adopted by the division
1875	to administer provisions of law conferring duties upon the
1876	division. The fine shall be based upon the degree of damage, the
1877	prior violation record of the person, and whether the person
1878	knowingly provided false information to obtain an authorization.
1879	The fines shall be deposited in the Incidental Trust Fund of the
1880	division.
1881	(4)  A person may not:
1882	(a)  Fail to comply with any rule or order adopted by the
1883	division to administer provisions of law conferring duties upon
1884	the division; or
1885	(b)  Knowingly make any false statement or representation
1886	in any application, record, plan, or other document required by
1887	this chapter or any rules adopted under this chapter.
1888	(5)  A person who violates paragraph (4)(a) or paragraph
1889	(4)(b) commits a misdemeanor of the second degree, punishable as
1890	provided in s. 775.082 or s. 775.083.
1891	(6)  It is the intent of the Legislature that a penalty
1892	imposed by a court under subsection (5) be of a severity that
1893	ensures immediate and continued compliance with this section.
1894	(7)(4)  The penalties provided in this section shall extend
1895	to both the actual violator and the person or persons, firm, or
1896	corporation causing, directing, or permitting the violation.
1897	Section 54.  Paragraph (a) of subsection (1) of section
1898	599.004, Florida Statutes, is amended to read:
1899	599.004  Florida Farm Winery Program; registration; logo;
1900	fees.-
1901	(1)  The Florida Farm Winery Program is established within
1902	the Department of Agriculture and Consumer Services. Under this
1903	program, a winery may qualify as a tourist attraction only if it
1904	is registered with and certified by the department as a Florida
1905	Farm Winery. A winery may not claim to be certified unless it
1906	has received written approval from the department.
1907	(a)  To qualify as a certified Florida Farm Winery, a
1908	winery shall meet the following standards:
1909	1.  Produce or sell less than 250,000 gallons of wine
1910	annually.
1911	2.  Maintain a minimum of 10 acres of owned or managed land
1912	vineyards in Florida which produces commodities used in the
1913	production of wine.
1914	3.  Be open to the public for tours, tastings, and sales at
1915	least 30 hours each week.
1916	4.  Make annual application to the department for
1917	recognition as a Florida Farm Winery, on forms provided by the
1918	department.
1919	5.  Pay an annual application and registration fee of $100.
1920	Section 55.  Subsection (1) of section 604.15, Florida
1921	Statutes, is amended, and subsection (11) is added to that
1922	section, to read:
1923	604.15  Dealers in agricultural products; definitions.-For
1924	the purpose of ss. 604.15-604.34, the following words and terms,
1925	when used, shall be construed to mean:
1926	(1)  "Agricultural products" means the natural products of
1927	the farm, nursery, grove, orchard, vineyard, garden, and apiary
1928	(raw or manufactured); sod; tropical foliage; horticulture; hay;
1929	livestock; milk and milk products; poultry and poultry products;
1930	the fruit of the saw palmetto (meaning the fruit of the Serenoa
1931	repens); limes (meaning the fruit Citrus aurantifolia, variety
1932	Persian, Tahiti, Bearss, or Florida Key limes); and any other
1933	nonexempt agricultural products produced in the state, except
1934	tobacco, sugarcane, tropical foliage, timber and timber
1935	byproducts, forest products as defined in s. 591.17, and citrus
1936	other than limes.
1937	(11)  "Responsible position" means a position within the
1938	business of a dealer in agricultural products that has the
1939	authority to negotiate or make the purchase of agricultural
1940	products on behalf of the dealer's business or has principal
1941	active management authority over the business decisions,
1942	actions, and activities of the dealer's business in this state.
1943	Section 56.  Section 604.19, Florida Statutes, is amended
1944	to read:
1945	604.19  License; fee; bond; certificate of deposit;
1946	penalty.-Unless the department refuses the application on one or
1947	more of the grounds provided in this section, it shall issue to
1948	an applicant, upon the payment of required fees and the
1949	execution and delivery of a bond or certificate of deposit as
1950	provided in this section, a state license entitling the
1951	applicant to conduct business as a dealer in agricultural
1952	products for a 1-year period to coincide with the effective
1953	period of the bond or certificate of deposit furnished by the
1954	applicant. During the 1-year period covered by a license, if the
1955	supporting surety bond or certificate of deposit is canceled for
1956	any reason, the license shall automatically expire on the date
1957	the surety bond or certificate of deposit terminates, unless an
1958	acceptable replacement is in effect before the date of
1959	termination so that continual coverage occurs for the remaining
1960	period of the license. A surety company shall give the
1961	department a 30-day written notice of cancellation by certified
1962	mail in order to cancel a bond. Cancellation of a bond or
1963	certificate of deposit does shall not relieve a surety company
1964	or financial institution of liability for purchases or sales
1965	occurring while the bond or certificate of deposit was in
1966	effect. The license fee, which must be paid for the principal
1967	place of business for a dealer in agricultural products, shall
1968	be based upon the amount of the dealer's surety bond or
1969	certificate of deposit furnished by each dealer under the
1970	provisions of s. 604.20 and may not exceed $500. For each
1971	additional place in which the applicant desires to conduct
1972	business and which the applicant names in the application, the
1973	additional license fee must be paid but may not exceed $100
1974	annually. If a Should any dealer in agricultural products fails,
1975	refuses, or neglects fail, refuse, or neglect to apply and
1976	qualify for the renewal of a license on or before its the date
1977	of expiration date thereof, a penalty not to exceed $100 shall
1978	apply to and be added to the original license fee for the
1979	principal place of business and to the license fee for each
1980	additional place of business named in the application and shall
1981	be paid by the applicant before the renewal license may be
1982	issued. The department by rule shall prescribe fee amounts
1983	sufficient to fund ss. 604.15-604.34.
1984	Section 57.  Section 604.25, Florida Statutes, is amended
1985	to read:
1986	604.25  Denial of, refusal to renew grant, or suspension or
1987	revocation of, license.-
1988	(1)  The department may deny, refuse to renew, decline to
1989	grant a license or may suspend or revoke a license already
1990	granted if the applicant or licensee has:
1991	(1)(a)  Suffered a monetary judgment entered against the
1992	applicant or licensee upon which is execution has been returned
1993	unsatisfied;
1994	(2)(b)  Made false charges for handling or services
1995	rendered;
1996	(3)(c)  Failed to account promptly and properly or to make
1997	settlements with any producer;
1998	(4)(d)  Made any false statement or statements as to
1999	condition, quality, or quantity of goods received or held for
2000	sale when the true condition, quality, or quantity could have
2001	been ascertained by reasonable inspection;
2002	(5)(e)  Made any false or misleading statement or
2003	statements as to market conditions or service rendered;
2004	(6)(f)  Been guilty of a fraud in the attempt to procure,
2005	or the procurement of, a license;
2006	(7)(g)  Directly or indirectly sold agricultural products
2007	received on consignment or on a net return basis for her or his
2008	own account, without prior authority from the producer
2009	consigning the same, or without notifying such producer;
2010	(8)(h)  Failed to prevent a person from holding a position
2011	as the applicant's or licensee's owner, officer, director,
2012	general or managing partner, or employee Employed in a
2013	responsible position a person, or holding any other similarly
2014	situated position, if the person holds or has held a similar
2015	position with any entity that an officer of a corporation, who
2016	has failed to fully comply with an order of the department, has
2017	not satisfied a civil judgment held by the department, has
2018	pending any administrative or civil enforcement action by the
2019	department, or has pending any criminal charges pursuant to s.
2020	604.30 at any time within 1 year after issuance;
2021	(9)(i)  Violated any statute or rule relating to the
2022	purchase or sale of any agricultural product, whether or not
2023	such transaction is subject to the provisions of this chapter;
2024	or
2025	(10)(j)  Failed to submit to the department an application,
2026	appropriate license fees, and an acceptable surety bond or
2027	certificate of deposit; or.
2028	(11)(2)  Failed If a licensee fails or refused refuses to
2029	comply in full with an order of the department or failed to
2030	satisfy a civil judgment owed to the department, her or his
2031	license may be suspended or revoked, in which case she or he
2032	shall not be eligible for license for a period of 1 year or
2033	until she or he has fully complied with the order of the
2034	department.
2035	(3)  No person, or officer of a corporation, whose license
2036	has been suspended or revoked for failure to comply with an
2037	order of the department may hold a responsible position with a
2038	licensee for a period of 1 year or until the order of the
2039	department has been fully complied with.
2040	Section 58.  Subsections (18) and (19) of section 616.242,
2041	Florida Statutes, are renumbered as subsections (19) and (20),
2042	respectively, and a new subsection (18) is added to that section
2043	to read:
2044	616.242  Safety standards for amusement rides.-
2045	(18)  STOP-OPERATION ORDERS.-If an owner or amusement ride
2046	fails to comply with this chapter or any rule adopted under this
2047	chapter, the department may issue a stop-operation order.
2048	Section 59.  Subsection (7) is added to section 624.4095,
2049	Florida Statutes, to read:
2050	624.4095  Premiums written; restrictions.-
2051	(7)  For purposes of this section and s. 624.407, with
2052	regard to capital and surplus required, gross written premiums
2053	for federal multiple-peril crop insurance that is ceded to the
2054	Federal Crop Insurance Corporation and authorized reinsurers
2055	shall not be included when calculating the insurer's gross
2056	writing ratio. The liabilities for ceded reinsurance premiums
2057	payable for federal multiple-peril crop insurance ceded to the
2058	Federal Crop Insurance Corporation and authorized reinsurers
2059	shall be netted against the asset for amounts recoverable from
2060	reinsurers. Each insurer that writes other insurance products
2061	together with federal multiple-peril crop insurance shall
2062	disclose in the notes to the annual and quarterly financial
2063	statement, or file a supplement to the financial statement that
2064	discloses, a breakout of the gross written premiums for federal
2065	multiple-peril crop insurance.
2066	Section 60.  Subsection (4) of section 686.201, Florida
2067	Statutes, is amended to read:
2068	686.201  Sales representative contracts involving
2069	commissions; requirements; termination of agreement; civil
2070	remedies.-
2071	(4)  This section does not apply to:
2072	(a)  Persons licensed pursuant to chapter 475 who are
2073	performing services within the scope of their license.
2074	(b)  Contracts to which a seller of travel as defined in s.
2075	559.927 is a party.
2076	Section 61.  Paragraph (c) of subsection (5) of section
2077	790.06, Florida Statutes, is amended to read:
2078	790.06  License to carry concealed weapon or firearm.-
2079	(5)  The applicant shall submit to the Department of
2080	Agriculture and Consumer Services:
2081	(c)  A full set of fingerprints of the applicant
2082	administered by a law enforcement agency or the Division of
2083	Licensing of the Department of Agriculture and Consumer
2084	Services.
2085	Section 62.  Section 828.126, Florida Statutes, is created
2086	to read:
2087	828.126  Sexual activities involving animals.-
2088	(1)  As used in this section, the term "sexual activities"
2089	means oral, anal, or vaginal penetration by, or union with, the
2090	sexual organ of an animal or the anal or vaginal penetration of
2091	any animal by any object.
2092	(2)  A person may not:
2093	(a)  Knowingly engage in sexual activities with an animal.
2094	(b)  Knowingly cause, aid, or abet another person to engage
2095	in sexual activities with an animal.
2096	(c)  Knowingly permit any sexual activities with an animal
2097	to be conducted on any premises under his or her control.
2098	(d)  Knowingly organize, promote, conduct, advertise, aid,
2099	abet, participate as an observer, or perform any service in the
2100	furtherance of an act involving any sexual activities with an
2101	animal for a commercial or recreational purpose.
2102	(3)  A person who violates this section commits a
2103	misdemeanor of the first degree, punishable as provided in s.
2104	775.082 or s. 775.083.
2105	(4)  This section does not apply to normal and ordinary
2106	animal husbandry practices, conformation judging practices, or
2107	accepted veterinary medical practices.
2108	Section 63.  Sections 570.071 and 570.901, Florida
2109	Statutes, are repealed.
2110	Section 64.  This act shall take effect July 1, 2010.

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