Florida Senate - 2017                       CS for CS for SB 498
       
       
        
       By the Committees on Judiciary; and Commerce and Tourism; and
       Senator Young
       
       
       
       
       590-02719-17                                           2017498c2
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending s. 288.1175, F.S.;
    4         specifying that applications for funding for certain
    5         agriculture education and promotion facilities must be
    6         postmarked or electronically submitted by a certain
    7         date; amending s. 472.003, F.S.; specifying that
    8         certain persons under contract with registered or
    9         certified surveyors and mappers are not subject to the
   10         provisions of ch. 472, F.S.; amending s. 472.005,
   11         F.S.; redefining the terms “practice of surveying and
   12         mapping” and “subordinate”; amending s. 472.013, F.S.;
   13         revising the standards for when an applicant is
   14         eligible to take the licensure examination to practice
   15         as a surveyor and mapper; amending s. 472.015, F.S.;
   16         revising the qualifications for licensure by
   17         endorsement; revising the requirements for a certain
   18         notice relating to insurance coverage; amending s.
   19         472.018, F.S.; revising the continuing education
   20         requirements for new licensees and license renewal;
   21         authorizing the board to provide by rule the method of
   22         delivery of, criteria for, and provisions to carryover
   23         hours for continuing education requirements; deleting
   24         a requirement that the board approve courses;
   25         requiring the board to issue cease and desist orders
   26         and enact certain penalties for continuing education
   27         providers failing to conform to board rules; requiring
   28         the department to establish a system for the
   29         administration of continuing education requirements
   30         adopted by the board; amending s. 472.025, F.S.;
   31         deleting a requirement that registrant seals be of
   32         impression-type metal; amending s. 472.0366, F.S.;
   33         revising the requirements for copies of evaluation
   34         certificates that must be submitted to the Division of
   35         Emergency Management within the Executive Office of
   36         the Governor; requiring that certain copies of
   37         evaluation certificates be retained in the surveyor
   38         and mapper’s records; amending s. 487.2041, F.S.;
   39         requiring the department to adopt by rule certain
   40         United States Environmental Protection Agency
   41         regulations relating to labeling requirements for
   42         pesticides and devices; amending s. 493.6101, F.S.;
   43         specifying that a manager of a private investigative
   44         agency may manage up to three offices, subject to
   45         certain requirements; amending s. 493.6105, F.S.;
   46         exempting certain partners and corporate officers from
   47         fingerprint retention requirements; revising the
   48         submission requirements for applications for Class “K”
   49         licenses; amending s. 493.6107, F.S.; deleting a
   50         specification that license fees are biennial; amending
   51         s. 493.6108, F.S.; providing an authorization to the
   52         Department of Law Enforcement to release certain
   53         mental health and substance abuse history of Class “G”
   54         or Class “K” applicants and licensees for the purpose
   55         of determining licensure eligibility; requiring
   56         licensees to notify their employer of an arrest within
   57         a specified period; amending s. 493.6112, F.S.;
   58         revising the notification requirements for changes of
   59         certain partners, officers, and employees of private
   60         investigative, security, and recovery agencies;
   61         amending s. 493.6113, F.S.; specifying that Class “G”
   62         licensees must complete requalification training for
   63         each type and caliber of firearm carried in the course
   64         of performing regulated duties; conforming
   65         terminology; amending s. 493.6115, F.S.; conforming a
   66         cross-reference; revising the circumstances under
   67         which certain licensees may carry a concealed firearm;
   68         revising the conditions under which the department may
   69         issue a temporary Class “G” license; amending s.
   70         493.6118, F.S.; providing that failure of a licensee
   71         to timely notify his or her employer of an arrest is
   72         grounds for disciplinary action by the department;
   73         requiring the department to temporarily suspend
   74         specified licenses of a licensee arrested or formally
   75         charged with certain crimes until disposition of the
   76         case; requiring the department to notify a licensee of
   77         administrative hearing rights; specifying that any
   78         hearing must be limited to a determination as to
   79         whether the licensee has been arrested or charged with
   80         a disqualifying crime; providing that the suspension
   81         may be lifted under certain circumstances; requiring
   82         the department to proceed with revocation under
   83         certain circumstances; amending s. 493.6202, F.S.;
   84         deleting a specification that license fees are
   85         biennial; amending s. 493.6203, F.S.; deleting a
   86         requirement that certain training be provided in two
   87         parts; amending s. 493.6302, F.S.; deleting a
   88         specification that license fees are biennial; amending
   89         s. 493.6303, F.S.; deleting a requirement that certain
   90         training be provided in two parts; deleting obsolete
   91         provisions; making technical changes; deleting a
   92         provision requiring that if a license is suspended,
   93         revoked, or expired for at least 1 year, that the
   94         applicant must submit proof of certain training before
   95         issuance of a new license; amending s. 493.6304, F.S.;
   96         making technical changes; amending s. 493.6402, F.S.;
   97         deleting a specification that license fees are
   98         biennial; amending s. 493.6403, F.S.; requiring that
   99         applicants for Class “E” and “EE” licenses submit
  100         proof of successful completion of certain training,
  101         rather than just completion of such training; amending
  102         s. 501.013, F.S; providing that a program or facility
  103         offered by an organization for the exclusive use of
  104         its employees and their family members is not subject
  105         to certain health studio regulations; amending s.
  106         501.059, F.S.; removing a limitation on the length of
  107         time for which the department must place certain
  108         persons on a no sales solicitation list; amending s.
  109         507.04, F.S.; making a technical change; amending s.
  110         531.37, F.S.; redefining the term “weights and
  111         measures” to exclude taximeters and digital networks;
  112         amending s. 531.61, F.S.; deleting certain taximeters
  113         from a permitting requirements for commercially
  114         operated or tested weights or measures instruments or
  115         devices; repealing s. 531.63(2)(g), F.S.; relating to
  116         maximum permit fees for taximeters; amending s.
  117         534.021, F.S.; specifying that a detailed drawing,
  118         rather than a facsimile, of a brand must accompany an
  119         application for the recording of certain marks and
  120         brands; amending s. 534.041, F.S.; extending the
  121         registration and renewal period for certain mark or
  122         brand certificates; eliminating a renewal fee;
  123         repealing s. 534.061, F.S., relating to the transfer
  124         of ownership of cattle; amending s. 570.07, F.S.;
  125         authorizing the department to perform certain food
  126         safety inspection services relating to raw
  127         agricultural commodities; amending s. 573.118, F.S.;
  128         specifying that the Division of Fruit and Vegetables,
  129         rather than the Division of Marketing and Development,
  130         must file a specified certification; amending s.
  131         590.02, F.S.; specifying that the department has
  132         exclusive authority to enforce the Florida Building
  133         Code as it relates to Florida Forest Service
  134         facilities under the jurisdiction of the department;
  135         amending s. 597.004, F.S.; authorizing certain
  136         saltwater products dealers to sell certain aquaculture
  137         products without restriction under a specified
  138         circumstance; amending s. 604.16, F.S.; specifying
  139         that dealers in agricultural products who pay by
  140         credit card are exempt from certain dealer
  141         requirements; amending s. 790.06, F.S.; revising the
  142         requirements to obtain a license to carry a concealed
  143         weapon or firearm; revising the requirements of the
  144         application form; revising the license fees to obtain
  145         or renew such license; providing an effective date.
  146          
  147  Be It Enacted by the Legislature of the State of Florida:
  148  
  149         Section 1. Subsection (8) of section 288.1175, Florida
  150  Statutes, is amended to read:
  151         288.1175 Agriculture education and promotion facility.—
  152         (8) Applications must be postmarked or electronically
  153  submitted by October 1 of each year. The Department of
  154  Agriculture and Consumer Services may not recommend funding for
  155  less than the requested amount to any applicant certified as an
  156  agriculture education and promotion facility; however, funding
  157  of certified applicants shall be subject to the amount provided
  158  by the Legislature in the General Appropriations Act for this
  159  program.
  160         Section 2. Paragraph (d) is added to subsection (5) of
  161  section 472.003, Florida Statutes, to read:
  162         472.003 Persons not affected by ss. 472.001-472.037.
  163  Sections 472.001-472.037 do not apply to:
  164         (5)
  165         (d) Persons who are under contract with an individual
  166  registered or legal entity certified under this chapter and who
  167  are under the supervision of and subordinate to a person in
  168  responsible charge registered under this chapter, to the extent
  169  that such supervision meets standards adopted by rule by the
  170  board, if any.
  171         Section 3. Subsections (4) and (10) of section 472.005,
  172  Florida Statutes, are amended to read:
  173         472.005 Definitions.—As used in ss. 472.001-472.037:
  174         (4)(a) “Practice of surveying and mapping” means, among
  175  other things, any professional service or work, the adequate
  176  performance of which involves the application of special
  177  knowledge of the principles of mathematics, the related physical
  178  and applied sciences, and the relevant requirements of law for
  179  adequate evidence of the act of measuring, locating,
  180  establishing, or reestablishing lines, angles, elevations,
  181  natural and manmade features in the air, on the surface and
  182  immediate subsurface of the earth, within underground workings,
  183  and on the beds or surface of bodies of water, for the purpose
  184  of determining, establishing, describing, displaying, or
  185  interpreting the facts of size, volume, shape, topography, tidal
  186  datum planes, and legal or geodetic location or relocation, and
  187  orientation of improved or unimproved real property and
  188  appurtenances thereto, including acreage and condominiums.
  189         (b) The practice of surveying and mapping also includes,
  190  but is not limited to, photogrammetric control; orientation of
  191  improved or unimproved real property and appurtenances and
  192  personal property attached thereto, including acreage and
  193  condominiums; the monumentation and remonumentation of property
  194  boundaries and subdivisions; the measurement of and preparation
  195  of plans showing existing improvements after construction; the
  196  layout of proposed improvements; the preparation of descriptions
  197  for use in legal instruments of conveyance of real property and
  198  property rights; the preparation of subdivision planning maps
  199  and record plats, as provided for in chapter 177; the
  200  determination of, but not the design of, grades and elevations
  201  of roads and land in connection with subdivisions or divisions
  202  of land; and the creation and perpetuation of alignments related
  203  to maps, record plats, field note records, reports, property
  204  descriptions, and plans and drawings that represent them.
  205         (10) “Subordinate” means a person an employee who performs
  206  work under the direction, supervision, and responsible charge of
  207  a person who is registered under this chapter.
  208         Section 4. Subsections (2) and (3) of section 472.013,
  209  Florida Statutes, are amended to read:
  210         472.013 Examinations, prerequisites.—
  211         (2) An applicant shall be entitled to take the licensure
  212  examination to practice in this state as a surveyor and mapper
  213  if the applicant is of good moral character and has satisfied
  214  one of the following requirements:
  215         (a) The applicant has received a bachelor’s degree, its
  216  equivalent, or higher in surveying and mapping or a similarly
  217  titled program, including, but not limited to, geomatics,
  218  geomatics engineering, and land surveying, of 4 years or more in
  219  a surveying and mapping degree program from a college or
  220  university recognized by the board and has a specific experience
  221  record of 4 or more years as a subordinate to a professional
  222  surveyor and mapper in the active practice of surveying and
  223  mapping, which experience is of a nature indicating that the
  224  applicant was in responsible charge of the accuracy and
  225  correctness of the surveying and mapping work performed. The
  226  completed surveying and mapping degree of 4 years or more in a
  227  surveying and mapping degree program must have included not
  228  fewer than 32 semester hours of study, or its academic
  229  equivalent, in the science of surveying and mapping or in board
  230  approved surveying-and-mapping-related courses. Work experience
  231  acquired as a part of the education requirement may shall not be
  232  construed as experience in responsible charge.
  233         (b) The applicant has received a bachelor’s degree, its
  234  equivalent, or higher in a is a graduate of a 4-year course of
  235  study, other than in surveying and mapping, at an accredited
  236  college or university recognized by the board, and has a
  237  specific experience record of 6 or more years as a subordinate
  238  to a registered surveyor and mapper in the active practice of
  239  surveying and mapping, 5 years of which shall be of a nature
  240  indicating that the applicant was in responsible charge of the
  241  accuracy and correctness of the surveying and mapping work
  242  performed. The course of study in disciplines other than
  243  surveying and mapping must have included not fewer than 32
  244  semester hours of study or its academic equivalent. The
  245  applicant must have completed a minimum of 25 semester hours
  246  from a college or university approved by the board in surveying
  247  and mapping subjects or in any combination of courses in civil
  248  engineering, surveying, mapping, mathematics, photogrammetry,
  249  forestry, or land law and the physical sciences. Any of the
  250  required 25 semester hours of study completed not as a part of
  251  the bachelor’s degree, its equivalent, or higher may 4-year
  252  course of study shall be approved at the discretion of the
  253  board. Work experience acquired as a part of the education
  254  requirement may shall not be construed as experience in
  255  responsible charge.
  256         (3) A person shall be entitled to take an examination for
  257  the purpose of determining whether he or she is qualified to
  258  practice in this state as a surveyor and mapper intern if:
  259         (a)The person is in good standing in his or her final year
  260  of, or is a graduate of, a 4-year degree program of a college or
  261  university and has obtained a minimum of 25 semester hours in
  262  surveying, mapping, mathematics, photogrammetry, forestry, civil
  263  engineering, or land law and the physical sciences, or any
  264  combination thereof. Any of the required 25 semester hours of
  265  study completed not as a part of the 4-year course of study may
  266  be approved at the discretion of the board. If the person is in
  267  his or her final academic year, a letter of good standing will
  268  be required from the advisor; or
  269         (b)The person has completed 2 years of study in a college
  270  or university and has obtained a minimum of 15 semester hours in
  271  surveying, mapping, mathematics, photogrammetry, forestry, civil
  272  engineering, or land law and the physical sciences, or any
  273  combination thereof, and has a specific surveying and mapping
  274  experience record of 2 or more years as a subordinate to a
  275  registered surveyor and mapper. Any of the required 15 semester
  276  hours of study completed not as a part of the 2-year course of
  277  study may be approved at the discretion of the board.
  278  
  279  This subsection may not be construed as a substitute for the
  280  degree requirement to take the exams for licensure as outlined
  281  in subsection (2) the person is in the final year, or is a
  282  graduate, of an approved surveying and mapping curriculum in a
  283  school that has been approved by the board.
  284         Section 5. Paragraph (a) of subsection (5) and subsection
  285  (12) of section 472.015, Florida Statutes, are amended to read:
  286         472.015 Licensure.—
  287         (5)(a) The board shall certify as qualified for a license
  288  by endorsement an applicant who, at the time of application:
  289         1. Holds a valid license to practice surveying and mapping
  290  issued before prior to July 1, 1999, by another state or
  291  territory of the United States; has passed a national, regional,
  292  state, or territorial licensing examination that is
  293  substantially equivalent to the examination required by s.
  294  472.013; and has a specific experience record of at least 8
  295  years as a subordinate to a registered surveyor and mapper in
  296  the active practice of surveying and mapping, 6 years of which
  297  must be of a nature indicating that the applicant was in
  298  responsible charge of the accuracy and correctness of the
  299  surveying and mapping work performed; or
  300         2. Holds a valid license to practice surveying and mapping
  301  issued by another state or territory of the United States if the
  302  criteria for issuance of the license were substantially the same
  303  as the licensure criteria that existed in Florida at the time
  304  the license was issued.; or
  305         3. Is a practicing photogrammetrist who holds the Certified
  306  Photogrammetrist designation of the American Society for
  307  Photogrammetry and Remote Sensing and held such designation on
  308  or before July 1, 2005; is a graduate of a 4-year course of
  309  study at an accredited college or university; and has a specific
  310  experience record of 6 or more years as a subordinate to a
  311  Certified Photogrammetrist of the American Society for
  312  Photogrammetry and Remote Sensing in the active practice of
  313  surveying and mapping, 5 years of which shall be of a nature
  314  indicating that the applicant was in responsible charge of the
  315  accuracy and correctness of the surveying and mapping work
  316  performed. The course of study must have included not fewer than
  317  32 semester hours of study or its academic equivalent. The
  318  applicant must have completed a minimum of 25 semester hours
  319  from a college or university approved by the board in surveying
  320  and mapping subjects or in any combination of courses in civil
  321  engineering, surveying, mapping, mathematics, photogrammetry,
  322  forestry, or land law and the physical sciences. Any of the
  323  required 25 semester hours of study completed not as a part of
  324  the 4-year course of study shall be approved at the discretion
  325  of the board. Work experience acquired as a part of the
  326  education requirement shall not be construed as experience in
  327  responsible charge. The applicant must have applied to the
  328  department for licensure on or before July 1, 2007.
  329         (12) A licensee or business entity that meets the
  330  requirements of this section or s. 472.021 must carry
  331  professional liability insurance or provide notice to any person
  332  or entity to which surveying and mapping services are offered
  333  that the licensee or business entity does not carry professional
  334  liability insurance. The notice must consist of a sign
  335  prominently displayed in the reception area and written
  336  statements provided in a form and frequency as required by rule
  337  of the Board of Professional Surveyors and Mappers.
  338         Section 6. Section 472.018, Florida Statutes, is amended to
  339  read:
  340         472.018 Continuing education.—The department may not renew
  341  a license until the licensee submits proof satisfactory to the
  342  board that the licensee has met the continuing education
  343  requirements for renewal as established by the board and during
  344  the 2 years before her or his application for renewal the
  345  licensee has completed at least 24 hours of continuing education
  346  before license renewal.
  347         (1) The board shall adopt rules to establish the criteria
  348  and course content for continuing education providers courses.
  349  The rules may provide that up to a maximum of 25 percent of the
  350  required continuing education hours may be fulfilled by the
  351  performance of pro bono services to the indigent or to
  352  underserved populations or in areas of critical need within the
  353  state where the licensee practices. The board must require that
  354  any pro bono services be approved in advance in order to receive
  355  credit for continuing education under this section. The board
  356  shall use the standard recognized by the Federal Poverty Income
  357  Guidelines produced by the United States Department of Health
  358  and Human Services in determining indigency. The board may adopt
  359  rules that may provide that a part of the continuing education
  360  hours may be fulfilled by performing research in critical need
  361  areas or for training leading to advanced professional
  362  certification. The board may adopt rules to define underserved
  363  and critical need areas. The department shall adopt rules for
  364  the administration of continuing education requirements adopted
  365  by the board.
  366         (2) The board may provide by rule the method of delivery
  367  and criteria that distance learning may be used to satisfy
  368  continuing education requirements. The board may provide by rule
  369  provisions for continuing education hours carryover for each
  370  license renewal cycle.
  371         (3) The board may prorate the required continuing education
  372  hours in the following circumstances:
  373         (a) For new licensees:
  374         1. By requiring half of the required continuing education
  375  hours for any applicant who becomes licensed with more than half
  376  the renewal period remaining and no continuing education for any
  377  applicant who becomes licensed with half or less than half of
  378  the renewal period remaining; or
  379         2. Requiring no continuing education hours until the first
  380  full renewal cycle of the licensee.
  381         (b) When the number of hours required is increased by law
  382  or the board.
  383         (4) Upon the request of a licensee, the provider must also
  384  furnish to the department information regarding courses
  385  completed by the licensee, in an electronic format required by
  386  rule of the department.
  387         (5) Each continuing education provider shall retain all
  388  records relating to a licensee’s completion of continuing
  389  education courses for at least 4 years after completion of a
  390  course.
  391         (6) A continuing education provider may not be approved,
  392  and the approval may not be renewed, unless the provider agrees
  393  in writing to provide such cooperation under this section as
  394  required by the department.
  395         (7) For the purpose of determining which persons or
  396  entities must meet the reporting, recordkeeping, and access
  397  provisions of this section, the board by rule shall adopt a
  398  definition of the term “continuing education provider”
  399  applicable to the profession’s continuing education
  400  requirements. The intent of the rule is to ensure that all
  401  records and information necessary to carry out the requirements
  402  of this section are maintained and transmitted accordingly and
  403  to minimize disputes as to what person or entity is responsible
  404  for maintaining and reporting such records and information.
  405         (8) The board shall approve the providers of continuing
  406  education. The approval of continuing education providers and
  407  courses must be for a specified period of time, not to exceed 4
  408  years. An approval that does not include such a time limitation
  409  may remain in effect under this chapter or the rules adopted
  410  under this chapter.
  411         (9) The department may fine, suspend, or revoke approval of
  412  any continuing education provider that fails to comply with its
  413  duties under this section. The fine may not exceed $500 per
  414  violation. Investigations and prosecutions of a provider’s
  415  failure to comply with its duties under this section shall be
  416  conducted pursuant to s. 472.033.
  417         (10) The board shall issue an order requiring a person or
  418  entity to cease and desist from offering any continuing
  419  education programs for licensees, and fining, suspending, or
  420  revoking any approval of the provider previously granted by the
  421  board if the board determines that the person or entity failed
  422  to provide appropriate continuing education services that
  423  conform to board rules approved course material. The fine may
  424  not exceed $500 per violation. Investigations and prosecutions
  425  of a provider’s failure to comply with its duties under this
  426  section shall be conducted under s. 472.033.
  427         (11) The board may establish, by rule, a fee not to exceed
  428  $250 for anyone seeking approval to provide continuing education
  429  courses and may establish, by rule, a biennial fee not to exceed
  430  $250 for the renewal of providership of such courses. Such
  431  postlicensure education courses are subject to the reporting,
  432  monitoring, and compliance provisions of this section.
  433         (12) The department shall establish a system for the
  434  administration of continuing education requirements adopted by
  435  the board. The department and the board may adopt rules under
  436  ss. 120.536(1) and 120.54 to administer this section.
  437         (13) Each continuing education provider shall provide to
  438  the department, in an electronic format determined by the
  439  department, information regarding the continuing education
  440  status of licensees which the department determines is necessary
  441  to carry out its duties under this chapter. After a licensee
  442  completes a course, the information must be submitted
  443  electronically by the continuing education provider to the
  444  department within 30 calendar days after completion. However,
  445  beginning on the 30th day before the renewal deadline or before
  446  the renewal date, whichever occurs sooner, the continuing
  447  education provider shall electronically report such information
  448  to the department within 10 business days after completion.
  449         (14) The department shall establish a system to monitor
  450  licensee compliance with continuing education requirements and
  451  to determine the continuing education status of each licensee.
  452  As used in this subsection, the term “monitor” means the act of
  453  determining, for each licensee, whether the licensee is in full
  454  compliance with applicable continuing education requirements as
  455  of the date of the licensee’s application for license renewal.
  456         (15) The department may refuse to renew a license until the
  457  licensee has satisfied all applicable continuing education
  458  requirements. This subsection does not preclude the department
  459  or board from imposing additional penalties pursuant to this
  460  chapter or rules adopted pursuant this chapter.
  461         Section 7. Subsection (1) of section 472.025, Florida
  462  Statutes, is amended to read:
  463         472.025 Seals.—
  464         (1) The board shall adopt, by rule, a form of seal to be
  465  used by all registrants holding valid certificates of
  466  registration, whether the registrants are corporations,
  467  partnerships, or individuals. Each registrant shall obtain a an
  468  impression-type metal seal in that form; and all final drawings,
  469  plans, specifications, plats, or reports prepared or issued by
  470  the registrant in accordance with the standards of practice
  471  established by the board shall be signed by the registrant,
  472  dated, and stamped with his or her seal. This signature, date,
  473  and seal shall be evidence of the authenticity of that to which
  474  they are affixed. Each registrant may in addition register his
  475  or her seal electronically in accordance with ss. 668.001
  476  668.006. Drawings, plans, specifications, reports, or documents
  477  prepared or issued by a registrant may be transmitted
  478  electronically and may be signed by the registrant, dated, and
  479  stamped electronically with such seal in accordance with ss.
  480  668.001-668.006.
  481         Section 8. Subsection (2) of section 472.0366, Florida
  482  Statutes, is amended to read:
  483         472.0366 Elevation certificates; requirements for surveyors
  484  and mappers.—
  485         (2) Beginning January 1, 2017, a surveyor and mapper shall,
  486  within 30 days after completion, submit to the division a copy
  487  of each elevation certificate that he or she completes. The copy
  488  must be unaltered, except that the surveyor and mapper may
  489  redact the name of the property owner. The copy need not be
  490  signed and sealed when submitted to the division; however, an
  491  original signed and sealed copy must be retained in the surveyor
  492  and mapper’s records as prescribed by rule of the board.
  493         Section 9. Section 487.2041, Florida Statutes, is amended
  494  to read:
  495         487.2041 Enforcement of federal worker protection
  496  regulations.—The department shall, to the extent that resources
  497  are available, continue to operate under the United States
  498  Environmental Protection Agency regulations regarding the
  499  Labeling Requirement for Pesticides and Devices, 40 C.F.R. part
  500  156, and the Worker Protection Standard, 40 C.F.R. part 170,
  501  which the department shall adopt adopted by rule during the
  502  1995-1996 fiscal year and published in the Florida
  503  Administrative Code. Any provision of this part not preempted by
  504  federal law shall continue to apply.
  505         Section 10. Subsection (13) of section 493.6101, Florida
  506  Statutes, is amended to read:
  507         493.6101 Definitions.—
  508         (13) “Manager” means any licensee who directs the
  509  activities of licensees at any agency or branch office. The
  510  manager shall be assigned to and shall primarily operate from
  511  the agency or branch office location for which he or she has
  512  been designated as manager. The manager of a private
  513  investigative agency may, however, manage up to three offices
  514  within a 150-mile radius of the location listed on the agency’s
  515  Class “A” license, provided that these three offices consist of
  516  either:
  517         (a)The location listed on the agency’s Class “A” license
  518  and up two branch offices; or
  519         (b)Up to three branch offices.
  520         Section 11. Paragraph (j) of subsection (3) and paragraph
  521  (a) of subsection (6) of section 493.6105, Florida Statutes, are
  522  amended to read:
  523         493.6105 Initial application for license.—
  524         (3) The application must contain the following information
  525  concerning the individual signing the application:
  526         (j) A full set of fingerprints, a fingerprint processing
  527  fee, and a fingerprint retention fee. The fingerprint processing
  528  and retention fees shall be established by rule of the
  529  department based upon costs determined by state and federal
  530  agency charges and department processing costs, which must
  531  include the cost of retaining the fingerprints in the statewide
  532  automated biometric identification system established in s.
  533  943.05(2)(b) and the cost of enrolling the fingerprints in the
  534  national retained print arrest notification program as required
  535  under s. 493.6108. An applicant who has, within the immediately
  536  preceding 6 months, submitted such fingerprints and fees for
  537  licensing purposes under this chapter and who still holds a
  538  valid license is not required to submit another set of
  539  fingerprints or another fingerprint processing fee. An applicant
  540  who holds multiple licenses issued under this chapter is
  541  required to pay only a single fingerprint retention fee.
  542  Partners and corporate officers who do not possess licenses
  543  subject to renewal under s. 493.6113 are exempt from the
  544  fingerprint retention requirements of this chapter.
  545         (6) In addition to the requirements under subsection (3),
  546  an applicant for a Class “K” license must:
  547         (a) Submit one of the following:
  548         1. The Florida Criminal Justice Standards and Training
  549  Commission Instructor Certificate and written confirmation by
  550  the commission that the applicant possesses an active firearms
  551  certification.
  552         2. A valid The National Rifle Association Private Security
  553  Firearm Instructor Certificate issued not more than 3 years
  554  before the submission of the applicant’s Class “K” application.
  555         3. A valid firearms instructor certificate issued by a
  556  federal law enforcement agency not more than 3 years before the
  557  submission of the applicant’s Class “K” application.
  558         Section 12. Subsection (1) of section 493.6107, Florida
  559  Statutes, is amended to read:
  560         493.6107 Fees.—
  561         (1) The department shall establish by rule examination and
  562  biennial license fees, which shall not to exceed the following:
  563         (a) Class “M” license—manager Class “AB” agency: $75.
  564         (b) Class “G” license—statewide firearm license: $150.
  565         (c) Class “K” license—firearms instructor: $100.
  566         (d) Fee for the examination for firearms instructor: $75.
  567         Section 13. Subsections (3) and (5) of section 493.6108,
  568  Florida Statutes, are amended to read:
  569         493.6108 Investigation of applicants by Department of
  570  Agriculture and Consumer Services.—
  571         (3) The department must also investigate the mental history
  572  and current mental and emotional fitness of any Class “G” or
  573  Class “K” applicant and may deny a Class “G” or Class “K”
  574  license to anyone who has a history of mental illness or drug or
  575  alcohol abuse. Notwithstanding s. 790.065(2)(a)4.f., the
  576  Department of Law Enforcement may, for the limited purpose of
  577  determining eligibility of Class “G” or Class “K” applicants and
  578  licensees under this chapter, provide the department with mental
  579  health and substance abuse data of individuals who are
  580  prohibited from purchasing a firearm.
  581         (5) A person licensed under this chapter must notify his or
  582  her employer within 3 calendar days if he or she is arrested for
  583  any offense. If the department receives information about an
  584  arrest within the state of a person who holds a valid license
  585  issued under this chapter for a crime that could potentially
  586  disqualify the person from holding such a license, the
  587  department must provide the arrest information to the agency
  588  that employs the licensee.
  589         Section 14. Section 493.6112, Florida Statutes, is amended
  590  to read:
  591         493.6112 Notification to Department of Agriculture and
  592  Consumer Services of changes of partner or officer or
  593  employees.—
  594         (1) After filing the application, unless the department
  595  declines to issue the license or revokes it after issuance, an
  596  agency or school shall, within 5 working days of the withdrawal,
  597  removal, replacement, or addition of any or all partners or
  598  officers, notify and file with the department complete
  599  applications for such individuals. The agency’s or school’s good
  600  standing under this chapter shall be contingent upon the
  601  department’s approval of any new partner or officer.
  602         (2) Each agency or school shall, upon the employment or
  603  termination of employment of a licensee, report such employment
  604  or termination within 15 calendar days immediately to the
  605  department and, in the case of a termination, report the reason
  606  or reasons therefor. The report shall be submitted
  607  electronically in a manner on a form prescribed by the
  608  department.
  609         Section 15. Paragraph (b) of subsection (3) of section
  610  493.6113, Florida Statutes, is amended to read:
  611         493.6113 Renewal application for licensure.—
  612         (3) Each licensee is responsible for renewing his or her
  613  license on or before its expiration by filing with the
  614  department an application for renewal accompanied by payment of
  615  the renewal fee and the fingerprint retention fee to cover the
  616  cost of ongoing retention in the statewide automated biometric
  617  identification system established in s. 943.05(2)(b). Upon the
  618  first renewal of a license issued under this chapter before
  619  January 1, 2017, the licensee shall submit a full set of
  620  fingerprints and fingerprint processing fees to cover the cost
  621  of entering the fingerprints into the statewide automated
  622  biometric identification system pursuant to s. 493.6108(4)(a)
  623  and the cost of enrollment in the Federal Bureau of
  624  Investigation’s national retained print arrest notification
  625  program. Subsequent renewals may be completed without submission
  626  of a new set of fingerprints.
  627         (b) Each Class “G” licensee shall additionally submit proof
  628  that he or she has received during each year of the license
  629  period a minimum of 4 hours of firearms requalification
  630  recertification training taught by a Class “K” licensee and has
  631  complied with such other health and training requirements that
  632  the department shall adopt by rule. Proof of completion of
  633  firearms requalification recertification training shall be
  634  submitted to the department upon completion of the training. A
  635  Class “G” licensee must successfully complete this
  636  requalification training for each type and caliber of firearm
  637  carried in the course of performing his or her regulated duties.
  638  If the licensee fails to complete the required 4 hours of annual
  639  training during the first year of the 2-year term of the
  640  license, the license shall be automatically suspended. The
  641  licensee must complete the minimum number of hours of range and
  642  classroom training required at the time of initial licensure and
  643  submit proof of completion of such training to the department
  644  before the license may be reinstated. If the licensee fails to
  645  complete the required 4 hours of annual training during the
  646  second year of the 2-year term of the license, the licensee must
  647  complete the minimum number of hours of range and classroom
  648  training required at the time of initial licensure and submit
  649  proof of completion of such training to the department before
  650  the license may be renewed. The department may waive the
  651  firearms training requirement if:
  652         1. The applicant provides proof that he or she is currently
  653  certified as a law enforcement officer or correctional officer
  654  under the Criminal Justice Standards and Training Commission and
  655  has completed law enforcement firearms requalification training
  656  annually during the previous 2 years of the licensure period;
  657         2. The applicant provides proof that he or she is currently
  658  certified as a federal law enforcement officer and has received
  659  law enforcement firearms training administered by a federal law
  660  enforcement agency annually during the previous 2 years of the
  661  licensure period; or
  662         3. The applicant submits a valid firearm certificate among
  663  those specified in s. 493.6105(6)(a) and provides proof of
  664  having completed requalification training during the previous 2
  665  years of the licensure period.
  666         Section 16. Subsection (4) of section 493.6115, Florida
  667  Statutes, is amended, present paragraphs (b), (c), and (d) of
  668  subsection (12) of that section are redesignated as paragraphs
  669  (c), (d), and (e), respectively, and a new paragraph (b) is
  670  added to that subsection, to read:
  671         493.6115 Weapons and firearms.—
  672         (4) A Class “C” or Class “CC” licensee who is 21 years of
  673  age or older and who has also been issued a Class “G” license
  674  may carry, in the performance of her or his duties, a concealed
  675  firearm. A Class “D” licensee who is 21 years of age or older
  676  and who has also been issued a Class “G” license may carry a
  677  concealed firearm in the performance of her or his duties under
  678  the conditions specified in s. 493.6305(3) or (4) 493.6305(2).
  679  The Class “G” license must shall clearly indicate such
  680  authority. The authority of any such licensee to carry a
  681  concealed firearm is shall be valid in any location throughout
  682  the state, in any location, while performing services within the
  683  scope of the license.
  684         (12) The department may issue a temporary Class “G”
  685  license, on a case-by-case basis, if:
  686         (b) The department has reviewed the mental health and
  687  substance abuse data provided by the Department of Law
  688  Enforcement as authorized in s. 493.6108(3) and has determined
  689  the applicant is not prohibited from licensure based upon this
  690  data.
  691         Section 17. Subsection (1) of section 493.6118, Florida
  692  Statutes, is amended, and subsections (8) and (9) are added to
  693  that section, to read:
  694         493.6118 Grounds for disciplinary action.—
  695         (1) The following constitute grounds for which disciplinary
  696  action specified in subsection (2) may be taken by the
  697  department against any licensee, agency, or applicant regulated
  698  by this chapter, or any unlicensed person engaged in activities
  699  regulated under this chapter:.
  700         (a) Fraud or willful misrepresentation in applying for or
  701  obtaining a license.
  702         (b) Use of any fictitious or assumed name by an agency
  703  unless the agency has department approval and qualifies under s.
  704  865.09.
  705         (c) Being found guilty of or entering a plea of guilty or
  706  nolo contendere to, regardless of adjudication, or being
  707  convicted of a crime that directly relates to the business for
  708  which the license is held or sought. A plea of nolo contendere
  709  shall create a rebuttable presumption of guilt to the underlying
  710  criminal charges, and the department shall allow the individual
  711  being disciplined or denied an application for a license to
  712  present any mitigating circumstances surrounding his or her
  713  plea.
  714         (d) A false statement by the licensee that any individual
  715  is or has been in his or her employ.
  716         (e) A finding that the licensee or any employee is guilty
  717  of willful betrayal of a professional secret or any unauthorized
  718  release of information acquired as a result of activities
  719  regulated under this chapter.
  720         (f) Proof that the applicant or licensee is guilty of fraud
  721  or deceit, or of negligence, incompetency, or misconduct, in the
  722  practice of the activities regulated under this chapter.
  723         (g) Conducting activities regulated under this chapter
  724  without a license or with a revoked or suspended license.
  725         (h) Failure of the licensee to maintain in full force and
  726  effect the commercial general liability insurance coverage
  727  required by s. 493.6110.
  728         (i) Impersonating, or permitting or aiding and abetting an
  729  employee to impersonate, a law enforcement officer or an
  730  employee of the state, the United States, or any political
  731  subdivision thereof by identifying himself or herself as a
  732  federal, state, county, or municipal law enforcement officer or
  733  official representative, by wearing a uniform or presenting or
  734  displaying a badge or credentials that would cause a reasonable
  735  person to believe that he or she is a law enforcement officer or
  736  that he or she has official authority, by displaying any
  737  flashing or warning vehicular lights other than amber colored,
  738  or by committing any act that is intended to falsely convey
  739  official status.
  740         (j) Commission of an act of violence or the use of force on
  741  any person except in the lawful protection of one’s self or
  742  another from physical harm.
  743         (k) Knowingly violating, advising, encouraging, or
  744  assisting the violation of any statute, court order, capias,
  745  warrant, injunction, or cease and desist order, in the course of
  746  business regulated under this chapter.
  747         (l) Soliciting business for an attorney in return for
  748  compensation.
  749         (m) Transferring or attempting to transfer a license issued
  750  pursuant to this chapter.
  751         (n) Employing or contracting with any unlicensed or
  752  improperly licensed person or agency to conduct activities
  753  regulated under this chapter, or performing any act that
  754  assists, aids, or abets a person or business entity in engaging
  755  in unlicensed activity, when the licensure status was known or
  756  could have been ascertained by reasonable inquiry.
  757         (o) Failure or refusal to cooperate with or refusal of
  758  access to an authorized representative of the department engaged
  759  in an official investigation pursuant to this chapter.
  760         (p) Failure of any partner, principal corporate officer, or
  761  licensee to have his or her identification card in his or her
  762  possession while on duty.
  763         (q) Failure of any licensee to have his or her license in
  764  his or her possession while on duty, as specified in s.
  765  493.6111(1).
  766         (r) Failure or refusal by a sponsor to certify a biannual
  767  written report on an intern or to certify completion or
  768  termination of an internship to the department within 15 working
  769  days.
  770         (s) Failure to report to the department any person whom the
  771  licensee knows to be in violation of this chapter or the rules
  772  of the department.
  773         (t) Violating any provision of this chapter.
  774         (u) For a Class “G” licensee, failing to timely complete
  775  requalification recertification training as required in s.
  776  493.6113(3)(b).
  777         (v) For a Class “K” licensee, failing to maintain active
  778  certification specified under s. 493.6105(6).
  779         (w) For a Class “G” or a Class “K” applicant or licensee,
  780  being prohibited from purchasing or possessing a firearm by
  781  state or federal law.
  782         (x) In addition to the grounds for disciplinary action
  783  prescribed in paragraphs (a)-(t), Class “R” recovery agencies,
  784  Class “E” recovery agents, and Class “EE” recovery agent interns
  785  are prohibited from committing the following acts:
  786         1. Recovering a motor vehicle, mobile home, motorboat,
  787  aircraft, personal watercraft, all-terrain vehicle, farm
  788  equipment, or industrial equipment that has been sold under a
  789  conditional sales agreement or under the terms of a chattel
  790  mortgage before authorization has been received from the legal
  791  owner or mortgagee.
  792         2. Charging for expenses not actually incurred in
  793  connection with the recovery, transportation, storage, or
  794  disposal of repossessed property or personal property obtained
  795  in a repossession.
  796         3. Using any repossessed property or personal property
  797  obtained in a repossession for the personal benefit of a
  798  licensee or an officer, director, partner, manager, or employee
  799  of a licensee.
  800         4. Selling property recovered under the provisions of this
  801  chapter, except with written authorization from the legal owner
  802  or the mortgagee thereof.
  803         5. Failing to notify the police or sheriff’s department of
  804  the jurisdiction in which the repossessed property is recovered
  805  within 2 hours after recovery.
  806         6. Failing to remit moneys collected in lieu of recovery of
  807  a motor vehicle, mobile home, motorboat, aircraft, personal
  808  watercraft, all-terrain vehicle, farm equipment, or industrial
  809  equipment to the client within 10 working days.
  810         7. Failing to deliver to the client a negotiable instrument
  811  that is payable to the client, within 10 working days after
  812  receipt of such instrument.
  813         8. Falsifying, altering, or failing to maintain any
  814  required inventory or records regarding disposal of personal
  815  property contained in or on repossessed property pursuant to s.
  816  493.6404(1).
  817         9. Carrying any weapon or firearm when he or she is on
  818  private property and performing duties under his or her license
  819  whether or not he or she is licensed pursuant to s. 790.06.
  820         10. Soliciting from the legal owner the recovery of
  821  property subject to repossession after such property has been
  822  seen or located on public or private property if the amount
  823  charged or requested for such recovery is more than the amount
  824  normally charged for such a recovery.
  825         11. Wearing, presenting, or displaying a badge in the
  826  course of performing a repossession regulated by this chapter.
  827         (y) Installation of a tracking device or tracking
  828  application in violation of s. 934.425.
  829         (z) Failure of any licensee to notify his or her employer
  830  within 3 calendar days if he or she is arrested for any offense.
  831         (8)(a)Upon notification by a law enforcement agency, a
  832  court, or the Department of Law Enforcement and upon subsequent
  833  written verification, the department shall temporarily suspend a
  834  Class “G” or Class “K” license if the licensee is arrested or
  835  charged with a firearms-related crime that would disqualify such
  836  person from licensure under this chapter. The department shall
  837  notify the licensee suspended under this section of his or her
  838  right to a hearing pursuant to chapter 120. A hearing conducted
  839  regarding this temporary suspension must be for the limited
  840  purpose of determining whether the licensee has been arrested or
  841  charged with a disqualifying firearms-related crime.
  842         (b)If the criminal case results in a nondisqualifying
  843  disposition, the department shall issue an order lifting the
  844  suspension upon the licensee’s submission of a certified copy of
  845  the final resolution.
  846         (c)If the criminal case results in a disqualifying
  847  disposition, the suspension remains in effect and the department
  848  shall proceed with revocation proceedings pursuant to chapter
  849  120.
  850         (9)(a)Upon notification by a law enforcement agency, a
  851  court, or the Department of Law Enforcement and upon subsequent
  852  written verification, the department shall temporarily suspend a
  853  license if the licensee is arrested or charged with a forcible
  854  felony as defined in s. 776.08. The department shall notify the
  855  licensee suspended under this section of his or her right to a
  856  hearing pursuant to chapter 120. A hearing conducted regarding
  857  this temporary suspension must be for the limited purpose of
  858  determining whether the licensee has been arrested or charged
  859  with a forcible felony.
  860         (b)If the criminal case results in a nondisqualifying
  861  disposition, the department shall issue an order lifting the
  862  suspension upon the licensee’s submission to the department of a
  863  certified copy of the final resolution.
  864         (c)If criminal case results in a disqualifying
  865  disposition, the suspension remains in effect and the department
  866  shall proceed with revocation proceedings pursuant to chapter
  867  120.
  868         Section 18. Subsection (1) of section 493.6202, Florida
  869  Statutes, is amended to read:
  870         493.6202 Fees.—
  871         (1) The department shall establish by rule examination and
  872  biennial license fees, which shall not to exceed the following:
  873         (a) Class “A” license—private investigative agency: $450.
  874         (b) Class “AA” or “AB” license—branch office: $125.
  875         (c) Class “MA” license—private investigative agency
  876  manager: $75.
  877         (d) Class “C” license—private investigator: $75.
  878         (e) Class “CC” license—private investigator intern: $60.
  879         Section 19. Subsection (5) and paragraphs (b) and (c) of
  880  subsection (6) of section 493.6203, Florida Statutes, are
  881  amended to read:
  882         493.6203 License requirements.—In addition to the license
  883  requirements set forth elsewhere in this chapter, each
  884  individual or agency shall comply with the following additional
  885  requirements:
  886         (5) Effective January 1, 2008, An applicant for a Class
  887  “MA,” Class “M,” or Class “C” license must pass an examination
  888  that covers the provisions of this chapter and is administered
  889  by the department or by a provider approved by the department.
  890  The applicant must pass the examination before applying for
  891  licensure and must submit proof with the license application on
  892  a form approved by rule of the department that he or she has
  893  passed the examination. The administrator of the examination
  894  shall verify the identity of each applicant taking the
  895  examination.
  896         (a) The examination requirement in this subsection does not
  897  apply to an individual who holds a valid Class “CC,” Class “C,”
  898  Class “MA,” or Class “M” license.
  899         (b) Notwithstanding the exemption provided in paragraph
  900  (a), if the license of an applicant for relicensure has been
  901  invalid for more than 1 year, the applicant must take and pass
  902  the examination.
  903         (c) The department shall establish by rule the content of
  904  the examination, the manner and procedure of its administration,
  905  and an examination fee that may not exceed $100.
  906         (6)
  907         (b) Effective January 1, 2012, Before submission of an
  908  application to the department, the applicant for a Class “CC”
  909  license must have completed a minimum of 40 hours of
  910  professional training pertaining to general investigative
  911  techniques and this chapter, which course is offered by a state
  912  university or by a school, community college, college, or
  913  university under the purview of the Department of Education, and
  914  the applicant must pass an examination. The training must be
  915  provided in two parts, one 24-hour course and one 16-hour
  916  course. The certificate evidencing satisfactory completion of
  917  the 40 hours of professional training must be submitted with the
  918  application for a Class “CC” license. The training specified in
  919  this paragraph may be provided by face-to-face presentation,
  920  online technology, or a home study course in accordance with
  921  rules and procedures of the Department of Education. The
  922  administrator of the examination must verify the identity of
  923  each applicant taking the examination.
  924         1. Upon an applicant’s successful completion of each part
  925  of the approved training and passage of any required
  926  examination, the school, community college, college, or
  927  university shall issue a certificate of completion to the
  928  applicant. The certificates must be on a form established by
  929  rule of the department.
  930         2. The department shall establish by rule the general
  931  content of the professional training and the examination
  932  criteria.
  933         3. If the license of an applicant for relicensure is
  934  invalid for more than 1 year, the applicant must complete the
  935  required training and pass any required examination.
  936         (c) An individual who submits an application for a Class
  937  “CC” license on or after September 1, 2008, through December 31,
  938  2011, who has not completed the 16-hour course must submit proof
  939  of successful completion of the course within 180 days after the
  940  date the application is submitted. If documentation of
  941  completion of the required training is not submitted by that
  942  date, the individual’s license shall be automatically suspended
  943  until proof of the required training is submitted to the
  944  department. An individual licensed on or before August 31, 2008,
  945  is not required to complete additional training hours in order
  946  to renew an active license beyond the total required hours, and
  947  the timeframe for completion in effect at the time he or she was
  948  licensed applies.
  949         Section 20. Subsection (1) of section 493.6302, Florida
  950  Statutes, is amended to read:
  951         493.6302 Fees.—
  952         (1) The department shall establish by rule biennial license
  953  fees, which shall not to exceed the following:
  954         (a) Class “B” license—security agency: $450.
  955         (b) Class “BB” or Class “AB” license—branch office: $125.
  956         (c) Class “MB” license—security agency manager: $75.
  957         (d) Class “D” license—security officer: $45.
  958         (e) Class “DS” license—security officer school or training
  959  facility: $60.
  960         (f) Class “DI” license—security officer school or training
  961  facility instructor: $60.
  962         Section 21. Subsection (4) of section 493.6303, Florida
  963  Statutes, is amended to read:
  964         493.6303 License requirements.—In addition to the license
  965  requirements set forth elsewhere in this chapter, each
  966  individual or agency must comply with the following additional
  967  requirements:
  968         (4)(a)Effective January 1, 2012, An applicant for a Class
  969  “D” license must submit proof of successful completion of a
  970  minimum of 40 hours of professional training at a school or
  971  training facility licensed by the department. The training must
  972  be provided in two parts, one 24-hour course and one 16-hour
  973  course. The department shall by rule establish the general
  974  content and number of hours of each subject area to be taught.
  975         (b) An individual who submits an application for a Class
  976  “D” license on or after January 1, 2007, through December 31,
  977  2011, who has not completed the 16-hour course must submit proof
  978  of successful completion of the course within 180 days after the
  979  date the application is submitted. If documentation of
  980  completion of the required training is not submitted by that
  981  date, the individual’s license shall be automatically suspended
  982  until proof of the required training is submitted to the
  983  department. A person licensed before January 1, 2007, is not
  984  required to complete additional training hours in order to renew
  985  an active license beyond the total required hours, and the
  986  timeframe for completion in effect at the time he or she was
  987  licensed applies.
  988         (c)An individual whose license is suspended or revoked
  989  pursuant to paragraph (b), or is expired for at least 1 year, is
  990  considered, upon reapplication for a license, an initial
  991  applicant and must submit proof of successful completion of 40
  992  hours of professional training at a school or training facility
  993  licensed by the department as provided in paragraph (a) before a
  994  license is issued.
  995         Section 22. Subsection (1) of section 493.6304, Florida
  996  Statutes, is amended to read:
  997         493.6304 Security officer school or training facility.—
  998         (1) Any school, training facility, or instructor who offers
  999  the training specified outlined in s. 493.6303(4) for Class “D”
 1000  applicants shall, before licensure of such school, training
 1001  facility, or instructor, file with the department an application
 1002  accompanied by an application fee in an amount to be determined
 1003  by rule, not to exceed $60. The fee is shall not be refundable.
 1004         Section 23. Subsection (1) of section 493.6402, Florida
 1005  Statutes, is amended to read:
 1006         493.6402 Fees.—
 1007         (1) The department shall establish by rule biennial license
 1008  fees, that shall not to exceed the following:
 1009         (a) Class “R” license—recovery agency: $450.
 1010         (b) Class “RR” license—branch office: $125.
 1011         (c) Class “MR” license—recovery agency manager: $75.
 1012         (d) Class “E” license—recovery agent: $75.
 1013         (e) Class “EE” license—recovery agent intern: $60.
 1014         (f) Class “RS” license—recovery agent school or training
 1015  facility: $60.
 1016         (g) Class “RI” license—recovery agent school or training
 1017  facility instructor: $60.
 1018         Section 24. Subsection (2) of section 493.6403, Florida
 1019  Statutes, is amended to read:
 1020         493.6403 License requirements.—
 1021         (2) Beginning October 1, 1994, An applicant for a Class “E”
 1022  or a Class “EE” license must submit proof of successful
 1023  completion have completed a minimum of 40 hours of professional
 1024  training at a school or training facility licensed by the
 1025  department. The department shall by rule establish the general
 1026  content for the training.
 1027         Section 25. Subsection (6) is added to section 501.013,
 1028  Florida Statutes, to read:
 1029         501.013 Health studios; exemptions.—The following
 1030  businesses or activities may be declared exempt from the
 1031  provisions of ss. 501.012-501.019 upon the filing of an
 1032  affidavit with the department establishing that the stated
 1033  qualifications are met:
 1034         (6) A program or facility offered by an organization for
 1035  the exclusive use of its employees and their family members.
 1036         Section 26. Paragraph (a) of subsection (3) of section
 1037  501.059, Florida Statutes, is amended to read:
 1038         501.059 Telephone solicitation.—
 1039         (3)(a) If any residential, mobile, or telephonic paging
 1040  device telephone subscriber notifies the department of his or
 1041  her desire to be placed on a “no sales solicitation calls”
 1042  listing indicating that the subscriber does not wish to receive
 1043  unsolicited telephonic sales calls, the department shall place
 1044  the subscriber on that listing for 5 years.
 1045         Section 27. Paragraph (a) of subsection (1) and subsection
 1046  (3) of section 507.04, Florida Statutes, are amended to read:
 1047         507.04 Required insurance coverages; liability limitations;
 1048  valuation coverage.—
 1049         (1) LIABILITY INSURANCE.—
 1050         (a)1. Except as provided in paragraph (b), each mover
 1051  operating in this state must maintain current and valid
 1052  liability insurance coverage of at least $10,000 per shipment
 1053  for the loss or damage of household goods resulting from the
 1054  negligence of the mover or its employees or agents.
 1055         2. The mover must provide the department with evidence of
 1056  liability insurance coverage before the mover is registered with
 1057  the department under s. 507.03. All insurance coverage
 1058  maintained by a mover must remain in effect throughout the
 1059  mover’s registration period. A mover’s failure to maintain
 1060  insurance coverage in accordance with this paragraph constitutes
 1061  an immediate threat to the public health, safety, and welfare.
 1062  If a mover fails to maintain insurance coverage, the department
 1063  may immediately suspend the mover’s registration or eligibility
 1064  for registration, and the mover must immediately cease operating
 1065  as a mover in this state. In addition, and notwithstanding the
 1066  availability of any administrative relief pursuant to chapter
 1067  120, the department may seek from the appropriate circuit court
 1068  an immediate injunction prohibiting the mover from operating in
 1069  this state until the mover complies with this paragraph, a civil
 1070  penalty not to exceed $5,000, and court costs.
 1071         (3) INSURANCE COVERAGES.—The insurance coverages required
 1072  under paragraph (1)(a) and subsection (2) must be issued by an
 1073  insurance company or carrier licensed to transact business in
 1074  this state under the Florida Insurance Code as designated in s.
 1075  624.01. The department shall require a mover to present a
 1076  certificate of insurance of the required coverages before
 1077  issuance or renewal of a registration certificate under s.
 1078  507.03. The department shall be named as a certificateholder in
 1079  the certificate and must be notified at least 10 days before
 1080  cancellation of insurance coverage. If a mover fails to maintain
 1081  insurance coverage, the department may immediately suspend the
 1082  mover’s registration or eligibility for registration, and the
 1083  mover must immediately cease operating as a mover in this state.
 1084  In addition, and notwithstanding the availability of any
 1085  administrative relief pursuant to chapter 120, the department
 1086  may seek from the appropriate circuit court an immediate
 1087  injunction prohibiting the mover from operating in this state
 1088  until the mover complies with this section, a civil penalty not
 1089  to exceed $5,000, and court costs.
 1090         Section 28. Subsection (1) of section 531.37, Florida
 1091  Statutes, is amended to read:
 1092         531.37 Definitions.—As used in this chapter:
 1093         (1) “Weights and measures” means all weights and measures
 1094  of every kind, instruments, and devices for weighing and
 1095  measuring, and any appliance and accessories associated with any
 1096  or all such instruments and devices, excluding taximeters,
 1097  digital networks, and those weights and measures used for the
 1098  purpose of inspecting the accuracy of devices used in
 1099  conjunction with aviation fuel.
 1100         Section 29. Section 531.61, Florida Statutes, is amended to
 1101  read:
 1102         531.61 Exemptions from permit requirement.—Commercial
 1103  weights or measures instruments or devices are exempt from the
 1104  requirements of ss. 531.60-531.66 if:
 1105         (1) The device is a taximeter that is licensed, permitted,
 1106  or registered by a municipality, county, or other local
 1107  government and is tested for accuracy and compliance with state
 1108  standards by the local government in cooperation with the state
 1109  as authorized in s. 531.421.
 1110         (2) The device is used exclusively for weighing railroad
 1111  cars and is tested for accuracy and compliance with state
 1112  standards by a private testing agency.
 1113         (2)(3) The device is used exclusively for measuring
 1114  aviation fuel or petroleum products inspected under chapter 525.
 1115         Section 30. Paragraph (g) of subsection (2) of section
 1116  531.63, Florida Statutes, is repealed.
 1117         Section 31. Section 534.021, Florida Statutes, is amended
 1118  to read:
 1119         534.021 Recording of marks or brands.—The department shall
 1120  be the recorder of livestock marks or brands, and the marks or
 1121  brands may not be recorded elsewhere in the state. Any livestock
 1122  owner who uses a mark or brand to identify her or his livestock
 1123  must register the mark or brand by applying to the department.
 1124  The application must be made on a form prescribed by the
 1125  department and must be accompanied by a detailed drawing
 1126  facsimile of the brand applied for and a statement identifying
 1127  the county in which the applicant has or expects to have
 1128  livestock bearing the mark or brand to be recorded. The
 1129  department shall, upon its satisfaction that the application
 1130  meets the requirements of this chapter, record the mark or brand
 1131  for exclusive statewide use by the applicant. If an application
 1132  is made to record a mark or brand previously recorded, the
 1133  department shall determine whether the county in which the mark
 1134  or brand will be used is near enough to another county in which
 1135  the previously recorded mark or brand is used to cause confusion
 1136  or to aid theft or dishonesty, and if so, the department must
 1137  decline to admit to record the mark or brand. If a conflict
 1138  arises between the owner of any recorded mark or brand and
 1139  another claiming the right to record the same mark or brand, the
 1140  department must give preference to the present owner. The
 1141  department shall charge and collect at the time of recording a
 1142  fee of $10 for each mark or brand. A person may not use any mark
 1143  or brand to which another has a prior right of record. It is
 1144  unlawful to brand any animal with a brand not registered with
 1145  the department.
 1146         Section 32. Section 534.041, Florida Statutes, is amended
 1147  to read:
 1148         534.041 Renewal of certificate of mark or brand.—The
 1149  registration of a mark or brand entitles the registered owner to
 1150  exclusive ownership and use of the mark or brand for a period
 1151  ending at midnight on the last day of the month 10 5 years from
 1152  the date of registration. Upon application, registration may be
 1153  renewed, upon application and payment of a renewal fee of $5,
 1154  for successive 10-year 5-year periods, each ending at midnight
 1155  on the last day of the month 10 5 years from the date of
 1156  renewal. At least 60 days before prior to the expiration of a
 1157  registration, the department shall notify by letter the
 1158  registered owner of the mark or brand that, upon application for
 1159  renewal and payment of the renewal fee, the department will
 1160  issue a renewal certificate granting the registered owner
 1161  exclusive ownership and use of the mark or brand for another 10
 1162  year 5-year period ending at midnight on the last day of the
 1163  month 10 5 years from the date of renewal. Failure to make
 1164  application for renewal within the month of expiration of a
 1165  registration will cause the department to send a second notice
 1166  to the registered owner by mail at her or his last known
 1167  address. Failure of the registered owner to make application for
 1168  renewal within 30 days after receipt of the second notice will
 1169  cause the owner’s mark or brand to be placed on an inactive list
 1170  for a period of 12 months, after which it will be canceled and
 1171  become subject to registration by another person.
 1172         Section 33. Section 534.061, Florida Statutes, is repealed.
 1173         Section 34. Subsection (45) is added to section 570.07,
 1174  Florida Statutes, to read:
 1175         570.07 Department of Agriculture and Consumer Services;
 1176  functions, powers, and duties.—The department shall have and
 1177  exercise the following functions, powers, and duties:
 1178         (45)To perform food safety inspection services where raw
 1179  agricultural commodities are grown, produced, harvested, held,
 1180  packed, or repacked.
 1181         Section 35. Subsection (1) of section 573.118, Florida
 1182  Statutes, is amended to read:
 1183         573.118 Assessment; funds; review of accounts; loans.—
 1184         (1) To provide funds to defray the necessary expenses
 1185  incurred by the department in the formulation, issuance,
 1186  administration, and enforcement of any marketing order, every
 1187  person engaged in the production, distributing, or handling of
 1188  agricultural commodities within this state, and directly
 1189  affected by any marketing order, shall pay to the department, at
 1190  such times and in such installments as the department may
 1191  prescribe, such person’s pro rata share of necessary expenses.
 1192  Each person’s share of expenses shall be that proportion which
 1193  the total volume of agricultural commodities produced,
 1194  distributed, or handled by the person during the current
 1195  marketing season, or part thereof covered by such marketing
 1196  order, is of the total volume of the commodities produced,
 1197  distributed, or handled by all such persons during the same
 1198  current marketing season or part thereof. The department, after
 1199  receiving the recommendations of the advisory council, shall fix
 1200  the rate of assessment on the volume of agricultural commodities
 1201  sold or some other equitable basis. For convenience of
 1202  collection, upon request of the department, handlers of the
 1203  commodities shall pay any producer assessments. Handlers paying
 1204  assessments for and on behalf of any producers may collect the
 1205  producer assessments from any moneys owed by the handlers to the
 1206  producers. The collected assessments shall be deposited into the
 1207  appropriate trust fund and used for the sole purpose of
 1208  implementing the marketing order for which the assessment was
 1209  collected. The department is not subject to s. 287.057 in the
 1210  expenditure of these funds. However, the director of the
 1211  Division of Fruit and Vegetables Marketing and Development shall
 1212  file with the internal auditor of the department a certification
 1213  of conditions and circumstances justifying each contract or
 1214  agreement entered into without competitive bidding.
 1215         Section 36. Paragraph (b) of subsection (4) of section
 1216  590.02, Florida Statutes, is amended to read:
 1217         590.02 Florida Forest Service; powers, authority, and
 1218  duties; liability; building structures; Withlacoochee Training
 1219  Center.—
 1220         (4)
 1221         (b) Notwithstanding s. 553.80(1), the department shall
 1222  exclusively enforce the Florida Building Code as it pertains to
 1223  wildfire, and law enforcement, and other Florida Forest Service
 1224  facilities under the jurisdiction of the department.
 1225         Section 37. Paragraph (a) of subsection (5) of section
 1226  597.004, Florida Statutes, is amended to read:
 1227         597.004 Aquaculture certificate of registration.—
 1228         (5) SALE OF AQUACULTURE PRODUCTS.—
 1229         (a) Aquaculture products, except shellfish, snook, and any
 1230  fish of the genus Micropterus, and prohibited and restricted
 1231  freshwater and marine species identified by rules of the Fish
 1232  and Wildlife Conservation Commission, may be sold by an
 1233  aquaculture producer certified pursuant to this section or by a
 1234  dealer licensed pursuant to part VII of chapter 379 without
 1235  restriction so long as the product origin can be identified.
 1236         Section 38. Subsection (2) of section 604.16, Florida
 1237  Statutes, is amended to read:
 1238         604.16 Exceptions to provisions of ss. 604.15-604.34.
 1239  Except for s. 604.22(2), the provisions of ss. 604.15-604.34 do
 1240  not apply to:
 1241         (2) A dealer in agricultural products who pays at the time
 1242  of purchase with United States cash currency or a cash
 1243  equivalent, such as a money order, cashier’s check, wire
 1244  transfer, electronic funds transfer, or PIN-based debit
 1245  transaction, or who pays with a credit card as defined in s.
 1246  658.995(2)(a).
 1247         Section 39. Subsections (2) and (4), and paragraph (b) of
 1248  subsection (5) of section 790.06, Florida Statutes, are amended
 1249  to read:
 1250         790.06 License to carry concealed weapon or firearm.—
 1251         (2) The Department of Agriculture and Consumer Services
 1252  shall issue a license if the applicant:
 1253         (a) Is a resident of the United States and a citizen of the
 1254  United States or a permanent resident alien of the United
 1255  States, as determined by the United States Bureau of Citizenship
 1256  and Immigration Services, or is a consular security official of
 1257  a foreign government that maintains diplomatic relations and
 1258  treaties of commerce, friendship, and navigation with the United
 1259  States and is certified as such by the foreign government and by
 1260  the appropriate embassy in this country;
 1261         (b) Is 21 years of age or older;
 1262         (c) Does not suffer from a physical infirmity which
 1263  prevents the safe handling of a weapon or firearm;
 1264         (d) Is not ineligible to possess a firearm pursuant to s.
 1265  790.23 by virtue of having been convicted of a felony;
 1266         (e) Has not been: committed for the abuse of a controlled
 1267  substance or been
 1268         1. Found guilty of a crime under the provisions of chapter
 1269  893 or similar laws of any other state relating to controlled
 1270  substances within a 3-year period immediately preceding the date
 1271  on which the application is submitted; or
 1272         2.Committed for the abuse of a controlled substance under
 1273  chapter 397 or under the provisions of former chapter 396 or
 1274  similar laws of any other state. An applicant who has been
 1275  granted relief from firearms disabilities pursuant to s.
 1276  790.065(2)(a)4.d. or pursuant to the law of the state where the
 1277  commitment occurred is deemed not to be committed for the abuse
 1278  of a controlled substance under this subparagraph;
 1279         (f) Does not chronically and habitually use alcoholic
 1280  beverages or other substances to the extent that his or her
 1281  normal faculties are impaired. It shall be presumed that an
 1282  applicant chronically and habitually uses alcoholic beverages or
 1283  other substances to the extent that his or her normal faculties
 1284  are impaired if the applicant has been committed under chapter
 1285  397 or under the provisions of former chapter 396 or has been
 1286  convicted under s. 790.151 or has been deemed a habitual
 1287  offender under s. 856.011(3), or has had two or more convictions
 1288  under s. 316.193 or similar laws of any other state, within the
 1289  3-year period immediately preceding the date on which the
 1290  application is submitted;
 1291         (g) Desires a legal means to carry a concealed weapon or
 1292  firearm for lawful self-defense;
 1293         (h) Demonstrates competence with a firearm by any one of
 1294  the following:
 1295         1. Completion of any hunter education or hunter safety
 1296  course approved by the Fish and Wildlife Conservation Commission
 1297  or a similar agency of another state;
 1298         2. Completion of any National Rifle Association firearms
 1299  safety or training course;
 1300         3. Completion of any firearms safety or training course or
 1301  class available to the general public offered by a law
 1302  enforcement agency, junior college, college, or private or
 1303  public institution or organization or firearms training school,
 1304  using instructors certified by the National Rifle Association,
 1305  Criminal Justice Standards and Training Commission, or the
 1306  Department of Agriculture and Consumer Services;
 1307         4. Completion of any law enforcement firearms safety or
 1308  training course or class offered for security guards,
 1309  investigators, special deputies, or any division or subdivision
 1310  of a law enforcement agency or security enforcement;
 1311         5. Presents evidence of equivalent experience with a
 1312  firearm through participation in organized shooting competition
 1313  or military service;
 1314         6. Is licensed or has been licensed to carry a firearm in
 1315  this state or a county or municipality of this state, unless
 1316  such license has been revoked for cause; or
 1317         7. Completion of any firearms training or safety course or
 1318  class conducted by a state-certified or National Rifle
 1319  Association certified firearms instructor;
 1320  
 1321  A photocopy of a certificate of completion of any of the courses
 1322  or classes; an affidavit from the instructor, school, club,
 1323  organization, or group that conducted or taught such course or
 1324  class attesting to the completion of the course or class by the
 1325  applicant; or a copy of any document that shows completion of
 1326  the course or class or evidences participation in firearms
 1327  competition shall constitute evidence of qualification under
 1328  this paragraph. A person who conducts a course pursuant to
 1329  subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
 1330  an instructor, attests to the completion of such courses, must
 1331  maintain records certifying that he or she observed the student
 1332  safely handle and discharge the firearm in his or her physical
 1333  presence and that the discharge of the firearm included live
 1334  fire using a firearm and ammunition as defined in s. 790.001;
 1335         (i) Has not been adjudicated an incapacitated person under
 1336  s. 744.331, or similar laws of any other state. An applicant who
 1337  has been granted relief from firearms disabilities pursuant to
 1338  s. 790.065(2)(a)4.d. or pursuant to the law of the state where
 1339  the adjudication occurred is deemed not to have been adjudicated
 1340  an incapacitated person under this paragraph, unless 5 years
 1341  have elapsed since the applicant’s restoration to capacity by
 1342  court order;
 1343         (j) Has not been committed to a mental institution under
 1344  chapter 394, or similar laws of any other state. An applicant
 1345  who has been granted relief from firearms disabilities pursuant
 1346  to s. 790.065(2)(a)4.d. or pursuant to the law of the state
 1347  where the commitment occurred is deemed not to have been
 1348  committed in a mental institution under this paragraph, unless
 1349  the applicant produces a certificate from a licensed
 1350  psychiatrist that he or she has not suffered from disability for
 1351  at least 5 years before the date of submission of the
 1352  application;
 1353         (k) Has not had adjudication of guilt withheld or
 1354  imposition of sentence suspended on any felony unless 3 years
 1355  have elapsed since probation or any other conditions set by the
 1356  court have been fulfilled, or expunction has occurred;
 1357         (l) Has not had adjudication of guilt withheld or
 1358  imposition of sentence suspended on any misdemeanor crime of
 1359  domestic violence unless 3 years have elapsed since probation or
 1360  any other conditions set by the court have been fulfilled, or
 1361  the record has been expunged;
 1362         (m) Has not been issued an injunction that is currently in
 1363  force and effect and that restrains the applicant from
 1364  committing acts of domestic violence or acts of repeat violence;
 1365  and
 1366         (n) Is not prohibited from purchasing or possessing a
 1367  firearm by any other provision of Florida or federal law.
 1368         (4) The application shall be completed, under oath, on a
 1369  form adopted by the Department of Agriculture and Consumer
 1370  Services and shall include:
 1371         (a) The name, address, place of birth, date of birth, and
 1372  race of the applicant;
 1373         (b) A statement that the applicant is in compliance with
 1374  criteria contained within subsections (2) and (3);
 1375         (c) A statement that the applicant has been furnished a
 1376  copy of or a website link to this chapter and is knowledgeable
 1377  of its provisions;
 1378         (d) A conspicuous warning that the application is executed
 1379  under oath and that a false answer to any question, or the
 1380  submission of any false document by the applicant, subjects the
 1381  applicant to criminal prosecution under s. 837.06;
 1382         (e) A statement that the applicant desires a concealed
 1383  weapon or firearms license as a means of lawful self-defense;
 1384  and
 1385         (f) Directions for an applicant who is a servicemember, as
 1386  defined in s. 250.01, or a veteran, as defined in s. 1.01, to
 1387  request expedited processing of his or her application.
 1388         (5) The applicant shall submit to the Department of
 1389  Agriculture and Consumer Services or an approved tax collector
 1390  pursuant to s. 790.0625:
 1391         (b) A nonrefundable license fee of up to $55 $60 if he or
 1392  she has not previously been issued a statewide license or of up
 1393  to $45 $50 for renewal of a statewide license. The cost of
 1394  processing fingerprints as required in paragraph (c) shall be
 1395  borne by the applicant. However, an individual holding an active
 1396  certification from the Criminal Justice Standards and Training
 1397  Commission as a law enforcement officer, correctional officer,
 1398  or correctional probation officer as defined in s. 943.10(1),
 1399  (2), (3), (6), (7), (8), or (9) is exempt from the licensing
 1400  requirements of this section. If such individual wishes to
 1401  receive a concealed weapon or firearm license, he or she is
 1402  exempt from the background investigation and all background
 1403  investigation fees but must pay the current license fees
 1404  regularly required to be paid by nonexempt applicants. Further,
 1405  a law enforcement officer, a correctional officer, or a
 1406  correctional probation officer as defined in s. 943.10(1), (2),
 1407  or (3) is exempt from the required fees and background
 1408  investigation for 1 year after his or her retirement.
 1409         Section 40. This act shall take effect July 1, 2017.
 1410