Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. CS for SB 740
Senate . House
Comm: WD .
The Committee on Appropriations (Stargel) recommended the
1 Senate Amendment (with title amendment)
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (c) of subsection (6) of section
6 193.461, Florida Statutes, is amended to read:
7 193.461 Agricultural lands; classification and assessment;
8 mandated eradication or quarantine program.—
10 (c)1. For purposes of the income methodology approach to
11 assessment of property used for agricultural purposes,
12 irrigation systems, including pumps and motors, physically
13 attached to the land shall be considered a part of the average
14 yields per acre and shall have no separately assessable
15 contributory value.
16 2. Litter containment structures located on producing
17 poultry farms and animal waste nutrient containment structures
18 located on producing dairy farms shall be assessed by the
19 methodology described in subparagraph 1.
20 3. Structures or improvements used in horticultural
21 production for frost or freeze protection and screen enclosed
22 structures used in citrus production for pest exclusion, which
23 are consistent with the interim measures or best management
24 practices adopted by the Department of Agriculture and Consumer
25 Services pursuant to s. 570.93 or s. 403.067(7)(c), shall be
26 assessed by the methodology described in subparagraph 1.
27 Section 2. Paragraphs (b), (d), and (i) of subsection (5)
28 of section 379.361, Florida Statutes, are amended to read:
29 379.361 Licenses.—
30 (5) APALACHICOLA BAY OYSTER HARVESTING LICENSE.—
31 (b) A
No person may not shall harvest oysters from the
32 Apalachicola Bay without a valid Apalachicola Bay oyster
33 harvesting license issued by the City of Apalachicola Department
34 of Agriculture and Consumer Services. This requirement does
35 shall not apply to anyone harvesting noncommercial quantities of
36 oysters in accordance with commission rules, or to any person
37 less than 18 years old.
38 (d) The City of Apalachicola Department of Agriculture and
39 Consumer Services shall collect an annual fee of $100 from state
40 residents and $500 from nonresidents for the issuance of an
41 Apalachicola Bay oyster harvesting license. The license year
42 shall begin on July 1 of each year and end on June 30 of the
43 following year. The license shall be valid only for the
44 licensee. Only bona fide residents of the state Florida may
45 obtain a resident license pursuant to this subsection.
46 (i) The proceeds from Apalachicola Bay oyster harvesting
47 license fees shall be deposited by the City of Apalachicola into
48 a trust account in the General Inspection Trust Fund and, less
49 reasonable administrative costs, must shall be used or
50 distributed by the City of Apalachicola Department of
51 Agriculture and Consumer Services for the following purposes in
52 Apalachicola Bay:
53 1. An Apalachicola Bay oyster shell recycling program
54 Relaying and transplanting live oysters.
55 2. Shell planting to construct or rehabilitate oyster bars.
56 3. Education programs for licensed oyster harvesters on
57 oyster biology, aquaculture, boating and water safety,
58 sanitation, resource conservation, small business management,
59 marketing, and other relevant subjects.
60 4. Research directed toward the enhancement of oyster
61 production in the bay and the water management needs of the bay.
62 Section 3. Paragraphs (a), (b), and (i) of subsection (1)
63 of section 487.041, Florida Statutes, are amended to read:
64 487.041 Registration.—
65 (1)(a) Effective January 1, 2009, Each brand of pesticide,
66 as defined in s. 487.021, which is distributed, sold, or offered
67 for sale, except as provided in this section, within this state
68 or delivered for transportation or transported in intrastate
69 commerce or between points within this state through any point
70 outside this state must be registered in the office of the
71 department, and such registration shall be renewed biennially.
72 Emergency exemptions from registration may be authorized in
73 accordance with the rules of the department. The registrant
74 shall file with the department a statement including:
75 1. The name, business mailing address, and street address
76 of the registrant.
77 2. The name of the brand of pesticide.
78 3. An ingredient statement and a complete current copy of
79 the labeling accompanying the brand of pesticide, which must
80 conform to the registration, and a statement of all claims to be
81 made for it, including directions for use and a guaranteed
82 analysis showing the names and percentages by weight of each
83 active ingredient, the total percentage of inert ingredients,
84 and the names and percentages by weight of each “added
86 (b) Effective January 1, 2009, For the purpose of defraying
87 expenses of the department in connection with carrying out the
88 provisions of this part, each registrant shall pay a biennial
89 registration fee for each registered brand of pesticide. The
90 registration of each brand of pesticide shall cover a designated
91 2-year period beginning on January 1 of each odd-numbered year
92 and expiring on December 31 of the following year.
93 (i) Effective January 1, 2013, all payments of any
94 pesticide registration fees, including late fees, shall be
95 submitted electronically using the department’s Internet website
96 for registration of pesticide product brands.
97 Section 4. Paragraph (a) of subsection (6) of section
98 493.6105, Florida Statutes, is amended to read:
99 493.6105 Initial application for license.—
100 (6) In addition to the requirements under subsection (3),
101 an applicant for a Class “K” license must:
102 (a) Submit one of the following:
103 1. The Florida Criminal Justice Standards and Training
104 Commission Instructor Certificate and written confirmation by
105 the commission that the applicant possesses an active firearms
107 2. A valid National Rifle Association Private Security
108 Firearm Instructor Certificate issued not more than 3 years
109 before the submission of the applicant’s Class “K” application.
110 3. A valid firearms instructor certificate issued by a
111 federal law enforcement agency issued not more than 3 years
112 before the submission of the applicant’s Class “K” application.
113 4. A valid DD form 214 issued by the United States
114 Department of Defense, an acceptable form as specified by the
115 Department of Veterans’ Affairs, or other official military
116 documentation. Such form or documentation must be issued not
117 more than 3 years before the submission of the applicant’s Class
118 “K” application, indicating that the applicant has been
119 honorably discharged and has served as a military firearms
120 instructor within the last 3 years of service.
121 Section 5. Paragraph (d) of subsection (3) of section
122 493.6113, Florida Statutes, is amended to read:
123 493.6113 Renewal application for licensure.—
124 (3) Each licensee is responsible for renewing his or her
125 license on or before its expiration by filing with the
126 department an application for renewal accompanied by payment of
127 the renewal fee and the fingerprint retention fee to cover the
128 cost of ongoing retention in the statewide automated biometric
129 identification system established in s. 943.05(2)(b). Upon the
130 first renewal of a license issued under this chapter before
131 January 1, 2017, the licensee shall submit a full set of
132 fingerprints and fingerprint processing fees to cover the cost
133 of entering the fingerprints into the statewide automated
134 biometric identification system pursuant to s. 493.6108(4)(a)
135 and the cost of enrollment in the Federal Bureau of
136 Investigation’s national retained print arrest notification
137 program. Subsequent renewals may be completed without submission
138 of a new set of fingerprints.
139 (d) Each Class “K” licensee shall additionally submit:
140 1. One of the certificates specified under s. 493.6105(6)
141 as proof that he or she remains certified to provide firearms
142 instruction; or
143 2. Proof of having taught no less than six 28-hour firearms
144 instruction courses to Class “G” applicants, as specified in s.
145 493.6105(5), during the previous triennial licensure period.
146 Section 6. Subsection (19) is added to section 496.415,
147 Florida Statutes, to read:
148 496.415 Prohibited acts.—It is unlawful for any person in
149 connection with the planning, conduct, or execution of any
150 solicitation or charitable or sponsor sales promotion to:
151 (19) Commingle charitable contributions with noncharitable
153 Section 7. Section 496.418, Florida Statutes, is amended to
155 496.418 Recordkeeping and accounting Records.—
156 (1) Each charitable organization, sponsor, professional
157 fundraising consultant, and professional solicitor that collects
158 or takes control or possession of contributions made for a
159 charitable purpose must keep records to permit accurate
160 reporting and auditing as required by law, must not commingle
161 contributions with noncharitable funds as specified in s.
162 496.415(19), and must be able to account for the funds. When
163 expenditures are not properly documented and disclosed by
164 records, there exists a rebuttable presumption that the
165 charitable organization, sponsor, professional fundraising
166 consultant, or professional solicitor did not properly expend
167 such funds. Noncharitable funds include any funds that are not
168 used or intended to be used for the operation of the charity or
169 for charitable purposes.
170 (2) Each charitable organization, sponsor, professional
171 fundraising consultant, and professional solicitor must keep for
172 a period of at least 3 years true and accurate records as to its
173 activities in this state which are covered by ss. 496.401
174 496.424. The records must be made available, without subpoena,
175 to the department for inspection and must be furnished no later
176 than 10 working days after requested.
177 Section 8. Paragraph (b) of subsection (3) and paragraph
178 (i) of subsection (5) of section 500.459, Florida Statutes, are
179 amended to read:
180 500.459 Water vending machines.—
181 (3) PERMITTING REQUIREMENTS.—
182 (b) An application for an operating permit must be made in
183 writing to the department on forms provided by the department
184 and must be accompanied by a fee as provided in subsection (4).
185 The application must state the location of each water vending
186 machine, the source of the water to be vended, the treatment the
187 water will receive prior to being vended, and any other
188 information considered necessary by the department.
189 (5) OPERATING STANDARDS.—
190 (i) The operator shall place on each water vending machine,
191 in a position clearly visible to customers, the following
192 information: the name and address of the operator; the operating
193 permit number; the fact that the water is obtained from a public
194 water supply; the method of treatment used; the method of
195 postdisinfection used; and a local or toll-free telephone number
196 that may be called for obtaining further information, reporting
197 problems, or making complaints.
198 Section 9. Paragraph (g) of subsection (1) of section
199 501.059, Florida Statutes, is amended, and paragraph (i) is
200 added to that subsection, and subsection (5), paragraph (c) of
201 subsection (8), and subsection (9) of that section are amended,
202 to read:
203 501.059 Telephone solicitation.—
204 (1) As used in this section, the term:
205 (g) “Telephonic sales call” means a telephone call, or text
206 message, or voicemail transmission to a consumer for the purpose
207 of soliciting a sale of any consumer goods or services,
208 soliciting an extension of credit for consumer goods or
209 services, or obtaining information that will or may be used for
210 the direct solicitation of a sale of consumer goods or services
211 or an extension of credit for such purposes.
212 (i) “Voicemail transmission” means technologies that
213 deliver a voice message directly to a voicemail application,
214 service, or device.
215 (5) A telephone solicitor or other person may not initiate
216 an outbound telephone call, or text message, or voicemail
217 transmission to a consumer, business, or donor or potential
218 donor who has previously communicated to the telephone solicitor
219 or other person that he or she does not wish to receive an
220 outbound telephone call, or text message, or voicemail
222 (a) Made by or on behalf of the seller whose goods or
223 services are being offered; or
224 (b) Made on behalf of a charitable organization for which a
225 charitable contribution is being solicited.
227 (c) It shall be unlawful for any person who makes a
228 telephonic sales call or causes a telephonic sales call to be
229 made to fail to transmit or cause not to be transmitted the
230 originating telephone number and, when made available by the
231 telephone solicitor’s carrier, the name of the telephone
232 solicitor to any caller identification service in use by a
233 recipient of a telephonic sales call. However, it shall not be a
234 violation to substitute, for the name and telephone number used
235 in or billed for making the call, the name of the seller on
236 behalf of which a telephonic sales call is placed and the
237 seller’s customer service telephone number, which is answered
238 during regular business hours. If a telephone number is made
239 available through a caller identification service as a result of
240 a telephonic sales call, the solicitor must ensure that
241 telephone number is capable of receiving telephone calls and
242 must connect the original call recipient, upon calling such
243 number, to the telephone solicitor or to the seller on behalf of
244 which a telephonic sales call was placed. For purposes of this
245 section, the term “caller identification service” means a
246 service that allows a telephone subscriber to have the telephone
247 number and, where available, the name of the calling party
248 transmitted contemporaneously with the telephone call and
249 displayed on a device in or connected to the subscriber’s
251 (9)(a) The department shall investigate any complaints
252 received concerning violations of this section. If, after
253 investigating a complaint, the department finds that there has
254 been a violation of this section, the department or the
255 Department of Legal Affairs may bring an action to impose a
256 civil penalty and to seek other relief, including injunctive
257 relief, as the court deems appropriate against the telephone
258 solicitor. The civil penalty shall be in the Class IV III
259 category pursuant to s. 570.971 for each violation and shall be
260 deposited in the General Inspection Trust Fund if the action or
261 proceeding was brought by the department, or the Legal Affairs
262 Revolving Trust Fund if the action or proceeding was brought by
263 the Department of Legal Affairs. This civil penalty may be
264 recovered in any action brought under this part by the
265 department, or the department may terminate any investigation or
266 action upon agreement by the person to pay a stipulated civil
267 penalty. The department or the court may waive any civil penalty
268 if the person has previously made full restitution or
269 reimbursement or has paid actual damages to the consumers who
270 have been injured by the violation.
271 (b) The department may, as an alternative to the civil
272 penalties provided in paragraph (a), impose an administrative
273 fine in the Class III I category pursuant to s. 570.971 for each
274 act or omission that constitutes a violation of this section. An
275 administrative proceeding that could result in the entry of an
276 order imposing an administrative penalty must be conducted
277 pursuant to chapter 120.
278 Section 10. Section 501.6175, Florida Statutes, is created
279 to read:
280 501.6175 Recordkeeping.—A commercial telephone seller shall
281 keep all of the following information for 2 years after the date
282 the information first becomes part of the seller’s business
284 (1) The name and telephone number of each consumer
285 contacted by a telephone sales call.
286 (2) All express requests authorizing the telephone
287 solicitor to contact the consumer.
288 (3) Any script, outline, or presentation the applicant
289 requires or suggests a salesperson use when soliciting; sales
290 information or literature to be provided by the commercial
291 telephone seller to a salesperson; and sales information or
292 literature to be provided by the commercial telephone seller to
293 a consumer in connection with any solicitation.
295 Within 10 days of an oral or written request by the department,
296 including a written request transmitted by electronic mail, a
297 commercial telephone seller must make the records it keeps
298 pursuant to this section available for inspection and copying by
299 the department during the department’s normal business hours.
300 This section does not limit the department’s ability to inspect
301 and copy material pursuant to any other law.
302 Section 11. Section 501.912, Florida Statutes, is amended
303 to read:
304 501.912 Definitions.—As used in ss. 501.91-501.923:
305 (1) “Antifreeze” means any substance or preparation,
306 including, but not limited to, antifreeze-coolant, antifreeze
307 and summer coolant, or summer coolant, that is sold,
308 distributed, or intended for use:
309 (a) As the cooling liquid, or to be added to the cooling
310 liquid, in the cooling system of internal combustion engines of
311 motor vehicles to prevent freezing of the cooling liquid or to
312 lower its freezing point; or
313 (b) To raise the boiling point of water or for the
314 prevention of engine overheating, whether or not the liquid is
315 used as a year-round cooling system fluid.
316 (2) “Antifreeze-coolant,” “antifreeze and summer coolant,”
317 or “summer coolant” means any substance as defined in subsection
318 (1) which also is sold, distributed, or intended for raising the
319 boiling point of water or for the prevention of engine
320 overheating whether or not used as a year-round cooling system
321 fluid. Unless otherwise stated, the term “antifreeze” includes
322 “antifreeze,” “antifreeze-coolant,” “antifreeze and summer
323 coolant,” and “summer coolant.”
324 (2) (3) “Department” means the Department of Agriculture and
325 Consumer Services.
326 (3) (4) “Distribute” means to hold with an intent to sell,
327 offer for sale, sell, barter, or otherwise supply to the
329 (4) (5) “Package” means a sealed, tamperproof retail
330 package, drum, or other container designed for the sale of
331 antifreeze directly to the consumer or a container from which
332 the antifreeze may be installed directly by the seller into the
333 cooling system. However, this term , but does not include
334 shipping containers containing properly labeled inner
336 (5) (6) “Label” means any display of written, printed, or
337 graphic matter on, or attached to, a package or to the outside
338 individual container or wrapper of the package.
339 (6) (7) “Labeling” means the labels and any other written,
340 printed, or graphic matter accompanying a package.
341 Section 12. Section 501.913, Florida Statutes, is amended
342 to read:
343 501.913 Registration.—
344 (1) Each brand of antifreeze to be distributed in this
345 state must shall be registered with the department before
346 distribution. The person whose name appears on the label, the
347 manufacturer, or the packager shall make application annually or
348 biennially to the department on forms provided by the
349 department. The registration certificate expires shall expire 12
350 or 24 months after the date of issue, as indicated on the
351 registration certificate. The registrant assumes, by application
352 to register the brand, full responsibility for the registration,
353 quality, and quantity of the product sold, offered, or exposed
354 for sale in this state. If a registered brand is not in
355 production for distribution in this state and to ensure any
356 remaining product that is still available for sale in the state
357 is properly registered, the registrant must submit a notarized
358 affidavit on company letterhead to the department certifying
360 (a) The stated brand is no longer in production;
361 (b) The stated brand will not be distributed in this state;
363 (c) All existing product of the stated brand will be
364 removed by the registrant from the state within 30 days after
365 expiration of the registration or the registrant will reregister
366 the brand for two subsequent registration periods.
368 If production resumes, the brand must be reregistered before it
369 is distributed in this state.
370 (2) The completed application shall be accompanied by:
371 (a) Specimens or copies facsimiles of the label for each
372 brand of antifreeze;
373 (b) An application fee of $200 for a 12-month registration
374 or $400 for a 24-month registration for each brand of
375 antifreeze; and
376 (c) For first-time applications, a certified report from an
377 independent testing laboratory, dated no more than 6 months
378 before the registration application, providing analysis showing
379 that the antifreeze conforms to minimum standards required for
380 antifreeze by this part or rules of the department and is not
381 adulterated A properly labeled sample of between 1 and 2 gallons
382 for each brand of antifreeze.
383 (3) The department may analyze or inspect the antifreeze to
384 ensure that it:
385 (a) Meets the labeling claims;
386 (b) Conforms to minimum standards required for antifreeze
387 by this part chapter or rules of the department; and
388 (c) Is not adulterated as prescribed for antifreeze by this
389 part chapter.
390 (4)(a) If the registration requirements are met, and, if
391 the antifreeze meets the minimum standards, is not adulterated,
392 and meets the labeling claims, the department shall issue a
393 certificate of registration authorizing the distribution of that
394 antifreeze in the state for the permit period year.
395 (b) If registration requirements are not met, or, if the
396 antifreeze fails to meet the minimum standards, is adulterated,
397 or fails to meet the labeling claims, the department shall
398 refuse to register the antifreeze.
399 Section 13. Section 501.917, Florida Statutes, is amended
400 to read:
401 501.917 Inspection by department; sampling and analysis.
402 The department has shall have the right to have access at
403 reasonable hours to all places and property where antifreeze is
404 stored, distributed, or offered or intended to be offered for
405 sale, including the right to inspect and examine all antifreeze
406 and to take reasonable samples of antifreeze for analysis
407 together with specimens of labeling. Collected samples must be
408 analyzed by the department. The certificate of analysis by the
409 department shall be prima facie evidence of the facts stated
410 therein in any legal proceeding in this state All samples taken
411 shall be properly sealed and sent to a laboratory designated by
412 the department for examination together with all labeling
413 pertaining to such samples. It shall be the duty of said
414 laboratory to examine promptly all samples received in
415 connection with the administration and enforcement of this act.
416 Section 14. Section 501.92, Florida Statutes, is amended to
418 501.92 Formula may be required.—The department may, if
419 required for the analysis of antifreeze by the laboratory
420 designated by the department for the purpose of registration,
421 require the applicant to furnish a statement of the formula of
422 such antifreeze, unless the applicant can furnish other
423 satisfactory evidence that such antifreeze is not adulterated or
424 misbranded. Such statement need not include inhibitor or other
425 minor ingredients which total less than 5 percent by weight of
426 the antifreeze; and, if over 5 percent, the composition of the
427 inhibitor and such other ingredients may be given in generic
429 Section 15. Paragraph (e) of subsection (10) of section
430 525.07, Florida Statutes, is redesignated as paragraph (f), and
431 a new paragraph (e) is added to that subsection, to read:
432 525.07 Powers and duties of department; inspections;
433 unlawful acts.—
435 (e) The department may seize without warrant any skimming
436 device, as defined in s. 817.625, for use as evidence.
437 Section 16. Subsection (4) is added to section 526.304,
438 Florida Statutes, to read:
439 526.304 Predatory practices unlawful; exceptions.—
440 (4) The Department of Agriculture and Consumer Services may
441 by emergency order, in furtherance of executing emergency plans
442 or to aid in the recovery of an emergency-impacted area,
443 temporarily suspend enforcement of this section during a state
444 of emergency declared pursuant to s. 252.36.
445 Section 17. Subsection (6) is added to section 526.305,
446 Florida Statutes, to read:
447 526.305 Discriminatory practices unlawful; exceptions.—
448 (6) The Department of Agriculture and Consumer Services may
449 by emergency order, in furtherance of executing emergency plans
450 or to aid in the recovery of an emergency-impacted area,
451 temporarily suspend enforcement of this section during a state
452 of emergency declared pursuant to s. 252.36.
453 Section 18. Subsection (1) of section 526.51, Florida
454 Statutes, is amended to read:
455 526.51 Registration; renewal and fees; departmental
456 expenses; cancellation or refusal to issue or renew.—
457 (1)(a) Application for registration of each brand of brake
458 fluid shall be made on forms supplied by the department. The
459 applicant shall give his or her name and address and the brand
460 name of the brake fluid, state that he or she owns the brand
461 name and has complete control over the product sold thereunder
462 in this state, and provide the name and address of the resident
463 agent in this state. If the applicant does not own the brand
464 name but wishes to register the product with the department, a
465 notarized affidavit that gives the applicant full authorization
466 to register the brand name and that is signed by the owner of
467 the brand name must accompany the application for registration.
468 The affidavit must include all affected brand names, the owner’s
469 company or corporate name and address, the applicant’s company
470 or corporate name and address, and a statement from the owner
471 authorizing the applicant to register the product with the
472 department. The owner of the brand name shall maintain complete
473 control over each product sold under that brand name in this
475 (b) The completed application must be accompanied by the
477 1. Specimens or copies of the label for each brand of brake
479 2. An application fee of $50 for a 12-month registration or
480 $100 for a 24-month registration for each brand of brake fluid.
481 3. For All first-time applications for a brand and formula
482 combination, must be accompanied by a certified report from an
483 independent testing laboratory, dated no more than 6 months
484 before the registration application, setting forth the analysis
485 of the brake fluid which shows its quality to be not less than
486 the specifications established by the department for brake
487 fluids. A sample of not less than 24 fluid ounces of brake fluid
488 shall be submitted, in a container with a label printed in the
489 same manner that it will be labeled when sold, and the sample
490 and container shall be analyzed and inspected by the department
491 in order that compliance with the department’s specifications
492 and labeling requirements may be verified.
494 Upon approval of the application, the department shall register
495 the brand name of the brake fluid and issue to the applicant a
496 permit authorizing the registrant to sell the brake fluid in
497 this state. The registration certificate expires shall expire 12
498 or 24 months after the date of issue, as indicated on the
499 registration certificate.
500 (c) (b) Each applicant shall pay a fee of $100 with each
501 application. A permit may be renewed by application to the
502 department, accompanied by a renewal fee of $50 for a 12-month
503 registration, or $100 for a 24-month registration, on or before
504 the expiration of the previously issued permit. To reregister a
505 previously registered brand and formula combination, an
506 applicant must submit a completed application and all materials
507 as required in this section to the department before the
508 expiration of the previously issued permit. A brand and formula
509 combination for which a completed application and all materials
510 required in this section are not received before the expiration
511 of the previously issued permit may not be registered with the
512 department until a completed application and all materials
513 required in this section have been received and approved. If the
514 brand and formula combination was previously registered with the
515 department and a fee, application, or materials required in this
516 section are received after the expiration of the previously
517 issued permit, a penalty of $25 accrues, which shall be added to
518 the fee. Renewals shall be accepted only on brake fluids that
519 have no change in formula, composition, or brand name. Any
520 change in formula, composition, or brand name of a brake fluid
521 constitutes a new product that must be registered in accordance
522 with this part.
523 (c) If a registered brand and formula combination is no
524 longer in production for distribution in this state, in order to
525 ensure that any remaining product still available for sale in
526 this state is properly registered, the registrant must submit a
527 notarized affidavit on company letterhead to the department
528 certifying that:
529 1. The stated brand and formula combination is no longer in
531 2. The stated brand and formula combination will not be
532 distributed in this state; and
533 3. Either all existing product of the stated brand and
534 formula combination will be removed by the registrant from the
535 state within 30 days after the expiration of the registration or
536 that the registrant will reregister the brand and formula
537 combination for 2 subsequent years.
539 If production resumes, the brand and formula combination must be
540 reregistered before it is again distributed in this state.
541 Section 19. Subsection (1) of section 526.53, Florida
542 Statutes, is amended to read:
543 526.53 Enforcement; inspection and analysis, stop-sale and
544 disposition, regulations.—
545 (1) The department shall enforce the provisions of this
546 part through the department, and may sample, inspect, analyze,
547 and test any brake fluid manufactured, packed, or sold within
548 this state. Collected samples must be analyzed by the
549 department. The certificate of analysis by the department shall
550 be prima facie evidence of the facts stated therein in any legal
551 proceeding in this state. The department has shall have free
552 access during business hours to all premises, buildings,
553 vehicles, cars, or vessels used in the manufacture, packing,
554 storage, sale, or transportation of brake fluid, and may open
555 any box, carton, parcel, or container of brake fluid and take
556 samples for inspection and analysis or for evidence.
557 Section 20. Section 527.01, Florida Statutes, is amended to
559 527.01 Definitions.—As used in this chapter:
560 (1) “Liquefied petroleum gas” means any material which is
561 composed predominantly of any of the following hydrocarbons, or
562 mixtures of the same: propane, propylene, butanes (normal butane
563 or isobutane), and butylenes.
564 (2) “Person” means any individual, firm, partnership,
565 corporation, company, association, organization, or cooperative.
566 (3) “ Ultimate Consumer” means the person last purchasing
567 liquefied petroleum gas in its liquid or vapor state for
568 industrial, commercial, or domestic use.
569 (4) “Department” means the Department of Agriculture and
570 Consumer Services.
571 (5) “Qualifier” means any person who has passed a
572 competency examination administered by the department and is
573 employed by a licensed category I, category II, or category V
574 business. in one or more of the following classifications:
575 (a) Category I liquefied petroleum gas dealer.
576 (b) Category II liquefied petroleum gas dispenser.
577 (c) LP gas installer.
578 (d) Specialty installer.
579 (e) Requalifier of cylinders.
580 (f) Fabricator, repairer, and tester of vehicles and cargo
582 (g) Category IV liquefied petroleum gas dispensing unit
583 operator and recreational vehicle servicer.
584 (h) Category V liquefied petroleum gases dealer for
585 industrial uses only.
586 (6) “Category I liquefied petroleum gas dealer” means any
587 person selling or offering to sell by delivery or at a
588 stationary location any liquefied petroleum gas to the ultimate
589 consumer for industrial, commercial, or domestic use; any person
590 leasing or offering to lease, or exchanging or offering to
591 exchange, any apparatus, appliances, and equipment for the use
592 of liquefied petroleum gas; any person installing, servicing,
593 altering, or modifying apparatus, piping, tubing, appliances,
594 and equipment for the use of liquefied petroleum or natural gas;
595 any person installing carburetion equipment; or any person
596 requalifying cylinders.
597 (7) “Category II liquefied petroleum gas dispenser” means
598 any person engaging in the business of operating a liquefied
599 petroleum gas dispensing unit for the purpose of serving liquid
600 products to the ultimate consumer for industrial, commercial, or
601 domestic use, and selling or offering to sell, or leasing or
602 offering to lease, apparatus, appliances, and equipment for the
603 use of liquefied petroleum gas, including maintaining a cylinder
604 storage rack at the licensed business location for the purpose
605 of storing cylinders filled by the licensed business for sale or
606 use at a later date.
607 (8) “Category III liquefied petroleum gas cylinder exchange
608 operator” means any person operating a storage facility used for
609 the purpose of storing filled propane cylinders of not more than
610 43.5 pounds propane capacity or 104 pounds water capacity, while
611 awaiting sale to the ultimate consumer, or a facility used for
612 the storage of empty or filled containers which have been
613 offered for exchange.
614 (9) “Category IV dealer in appliances and equipment
615 liquefied petroleum gas dispenser and recreational vehicle
616 servicer” means any person selling or offering to sell, or
617 leasing or offering to lease, apparatus, appliances, and
618 equipment for the use of liquefied petroleum gas engaging in the
619 business of operating a liquefied petroleum gas dispensing unit
620 for the purpose of serving liquid product to the ultimate
621 consumer for industrial, commercial, or domestic use, and
622 selling or offering to sell, or leasing or offering to lease,
623 apparatus, appliances, and equipment for the use of liquefied
624 petroleum gas, and whose services include the installation,
625 service, or repair of recreational vehicle liquefied petroleum
626 gas appliances and equipment.
627 (10) “Category V LP gas installer” means any person who is
628 engaged in the liquefied petroleum gas business and whose
629 services include the installation, servicing, altering, or
630 modifying of apparatus, piping, tubing, tanks, and equipment for
631 the use of liquefied petroleum or natural gas and selling or
632 offering to sell, or leasing or offering to lease, apparatus,
633 appliances, and equipment for the use of liquefied petroleum or
634 natural gas.
635 (11) “Category VI miscellaneous operator” means any person
636 who is engaged in operation as a manufacturer of LP gas
637 appliances and equipment; a fabricator, repairer, and tester of
638 vehicles and cargo tanks; a requalifier of LP gas cylinders; or
639 a pipeline system operator Specialty installer” means any person
640 involved in the installation, service, or repair of liquefied
641 petroleum or natural gas appliances and equipment, and selling
642 or offering to sell, or leasing or offering to lease, apparatus,
643 appliances, and equipment for the use of liquefied petroleum
644 gas, whose activities are limited to specific types of
645 appliances and equipment as designated by department rule.
646 (12) “Dealer in appliances and equipment for use of
647 liquefied petroleum gas” means any person selling or offering to
648 sell, or leasing or offering to lease, apparatus, appliances,
649 and equipment for the use of liquefied petroleum gas.
650 (12) (13) “Manufacturer of liquefied petroleum gas
651 appliances and equipment” means any person in this state
652 manufacturing and offering for sale or selling tanks, cylinders,
653 or other containers and necessary appurtenances for use in the
654 storage, transportation, or delivery of such gas to the ultimate
655 consumer, or manufacturing and offering for sale or selling
656 apparatus, appliances, and equipment for the use of liquefied
657 petroleum gas to the ultimate consumer.
658 (13) (14) “Wholesaler” means any person, as defined by
659 subsection (2), selling or offering to sell any liquefied
660 petroleum gas for industrial, commercial, or domestic use to any
661 person except the ultimate consumer.
662 (14) (15) “Requalifier of cylinders” means any person
663 involved in the retesting, repair, qualifying, or requalifying
664 of liquefied petroleum gas tanks or cylinders manufactured under
665 specifications of the United States Department of Transportation
666 or former Interstate Commerce Commission.
667 (15) (16) “Fabricator, repairer, and tester of vehicles and
668 cargo tanks” means any person involved in the hydrostatic
669 testing, fabrication, repair, or requalifying of any motor
670 vehicles or cargo tanks used for the transportation of liquefied
671 petroleum gases, when such tanks are permanently attached to or
672 forming a part of the motor vehicle.
673 (17) “Recreational vehicle” means a motor vehicle designed
674 to provide temporary living quarters for recreational, camping,
675 or travel use, which has its own propulsion or is mounted on or
676 towed by another motor vehicle.
677 (16) (18) “Pipeline system operator” means any person who
678 owns or operates a liquefied petroleum gas pipeline system that
679 is used to transmit liquefied petroleum gas from a common source
680 to the ultimate customer and that serves 10 or more customers.
681 (19) “Category V liquefied petroleum gases dealer for
682 industrial uses only” means any person engaged in the business
683 of filling, selling, and transporting liquefied petroleum gas
684 containers for use in welding, forklifts, or other industrial
686 (17) (20) “License period year” means the period 1 to 3
687 years from the issuance of the license from September 1 through
688 the following August 31, or April 1 through the following March
689 31, depending upon the type of license.
690 Section 21. Section 527.02, Florida Statutes, is amended to
692 527.02 License; penalty; fees.—
693 (1) It is unlawful for any person to engage in this state
694 in the activities defined in s. 527.01(6) through (11) of a
695 pipeline system operator, category I liquefied petroleum gas
696 dealer, category II liquefied petroleum gas dispenser, category
697 III liquefied petroleum gas cylinder exchange operator, category
698 IV liquefied petroleum gas dispenser and recreational vehicle
699 servicer, category V liquefied petroleum gas dealer for
700 industrial uses only, LP gas installer, specialty installer,
701 dealer in liquefied petroleum gas appliances and equipment,
702 manufacturer of liquefied petroleum gas appliances and
703 equipment, requalifier of cylinders, or fabricator, repairer,
704 and tester of vehicles and cargo tanks without first obtaining
705 from the department a license to engage in one or more of these
706 businesses. The sale of liquefied petroleum gas cylinders with a
707 volume of 10 pounds water capacity or 4.2 pounds liquefied
708 petroleum gas capacity or less is exempt from the requirements
709 of this chapter. It is a felony of the third degree, punishable
710 as provided in s. 775.082, s. 775.083, or s. 775.084, to
711 intentionally or willfully engage in any of said activities
712 without first obtaining appropriate licensure from the
714 (2) Each business location of a person having multiple
715 locations must shall be separately licensed and must meet the
716 requirements of this section. Such license shall be granted to
717 any applicant determined by the department to be competent,
718 qualified, and trustworthy who files with the department a
719 surety bond, insurance affidavit, or other proof of insurance,
720 as hereinafter specified, and pays for such license the
721 following annual license original application fee for new
722 licenses and annual renewal fees for existing licenses:
724 License Category License Original Application Fee Per Year RenewalFee
725 Category I liquefiedpetroleum gasdealer $400 $525 $425
726 Category II liquefiedpetroleum gasdispenser $400 525 375
727 Category IIIliquefied petroleumgas cylinderexchange unitoperator $65 100 65
728 Category IVdealer in appliances and equipment liquefied petroleumgas dispenser andrecreational vehicleservicer $65 525 400
729 Category V LP gas installer liquefiedpetroleum gasesdealer for industrialuses only $200 300 200
730 Category VI miscellaneous operator LP gasinstaller $200 300 200
731 Specialtyinstaller 300 200
732 Dealer in appliances and equipmentfor use of liquefiedpetroleum gas 50 45
733 Manufacturer ofliquefied petroleumgas appliances andequipment 525 375
734 Requalifier ofcylinders 525 375
735 Fabricator, repairer,and tester ofvehicles andcargo tanks 525 375
737 (3)(a) An applicant for an original license who submits an
738 application during the last 6 months of the license year may
739 have the original license fee reduced by one-half for the 6
740 month period. This provision applies only to those companies
741 applying for an original license and may not be applied to
742 licensees who held a license during the previous license year
743 and failed to renew the license. The department may refuse to
744 issue an initial license to an applicant who is under
745 investigation in any jurisdiction for an action that would
746 constitute a violation of this chapter until such time as the
747 investigation is complete.
748 (b) The department shall waive the initial license fee for
749 1 year for an honorably discharged veteran of the United States
750 Armed Forces, the spouse of such a veteran, or a business entity
751 that has a majority ownership held by such a veteran or spouse
752 if the department receives an application, in a format
753 prescribed by the department, within 60 months after the date of
754 the veteran’s discharge from any branch of the United States
755 Armed Forces. To qualify for the waiver, a veteran must provide
756 to the department a copy of his or her DD Form 214, as issued by
757 the United States Department of Defense or another acceptable
758 form of identification as specified by the Department of
759 Veterans’ Affairs; the spouse of a veteran must provide to the
760 department a copy of the veteran’s DD Form 214, as issued by the
761 United States Department of Defense, or another acceptable form
762 of identification as specified by the Department of Veterans’
763 Affairs, and a copy of a valid marriage license or certificate
764 verifying that he or she was lawfully married to the veteran at
765 the time of discharge; or a business entity must provide to the
766 department proof that a veteran or the spouse of a veteran holds
767 a majority ownership in the business, a copy of the veteran’s DD
768 Form 214, as issued by the United States Department of Defense,
769 or another acceptable form of identification as specified by the
770 Department of Veterans’ Affairs, and, if applicable, a copy of a
771 valid marriage license or certificate verifying that the spouse
772 of the veteran was lawfully married to the veteran at the time
773 of discharge.
774 (4) Any licensee submitting a material change in their
775 information for licensing, before the date for renewal, must
776 submit such change to the department in the manner prescribed by
777 the department, along with a fee in the amount of $10 Any person
778 applying for a liquefied petroleum gas license as a specialty
779 installer, as defined by s. 527.01(11), shall upon application
780 to the department identify the specific area of work to be
781 performed. Upon completion of all license requirements set forth
782 in this chapter, the department shall issue the applicant a
783 license specifying the scope of work, as identified by the
784 applicant and defined by rule of the department, for which the
785 person is authorized.
786 (5) The license fee for a pipeline system operator shall be
787 $100 per system owned or operated by the person, not to exceed
788 $400 per license year. Such license fee applies only to a
789 pipeline system operator who owns or operates a liquefied
790 petroleum gas pipeline system that is used to transmit liquefied
791 petroleum gas from a common source to the ultimate customer and
792 that serves 10 or more customers.
793 (5) (6) The department shall adopt promulgate rules
794 specifying acts deemed by the department to demonstrate a lack
795 of trustworthiness to engage in activities requiring a license
796 or qualifier identification card under this section.
797 (7) Any license issued by the department may be transferred
798 to any person, firm, or corporation for the remainder of the
799 current license year upon written request to the department by
800 the original licenseholder. Prior to approval of any transfer,
801 all licensing requirements of this chapter must be met by the
802 transferee. A license transfer fee of $50 shall be charged for
803 each such transfer.
804 Section 22. Section 527.0201, Florida Statutes, is amended
805 to read:
806 527.0201 Qualifiers; master qualifiers; examinations.—
807 (1) In addition to the requirements of s. 527.02, any
808 person applying for a license to engage in category I, category
809 II, or category V the activities of a pipeline system operator,
810 category I liquefied petroleum gas dealer, category II liquefied
811 petroleum gas dispenser, category IV liquefied petroleum gas
812 dispenser and recreational vehicle servicer, category V
813 liquefied petroleum gases dealer for industrial uses only, LP
814 gas installer, specialty installer, requalifier of cylinders, or
815 fabricator, repairer, and tester of vehicles and cargo tanks
816 must prove competency by passing a written examination
817 administered by the department or its agent with a grade of 70
818 75 percent or above in each area tested. Each applicant for
819 examination shall submit a $20 nonrefundable fee. The department
820 shall by rule specify the general areas of competency to be
821 covered by each examination and the relative weight to be
822 assigned in grading each area tested.
823 (2) Application for examination for competency may be made
824 by an individual or by an owner, a partner, or any person
825 employed by the license applicant. Upon successful completion of
826 the competency examination, the department shall register issue
827 a qualifier identification card to the examinee.
828 (a) Qualifier registration automatically expires if
829 identification cards, except those issued to category I
830 liquefied petroleum gas dealers and liquefied petroleum gas
831 installers, shall remain in effect as long as the individual
832 shows to the department proof of active employment in the area
833 of examination and all continuing education requirements are
834 met. Should the individual terminates terminate active
835 employment in the area of examination for a period exceeding 24
836 months, or fails fail to provide documentation of continuing
837 education , the individual’s qualifier status shall automatically
838 expire. If the qualifier registration status has expired, the
839 individual must apply for and successfully complete an
840 examination by the department in order to reestablish qualifier
842 (b) Every business organization in license category I,
843 category II, or category V shall employ at all times a full-time
844 qualifier who has successfully completed an examination in the
845 corresponding category of the license held by the business
846 organization. A person may not act as a qualifier for more than
847 one licensed location.
848 (3) Qualifier registration expires cards issued to category
849 I liquefied petroleum gas dealers and liquefied petroleum gas
850 installers shall expire 3 years after the date of issuance. All
851 category I liquefied petroleum gas dealer qualifiers and
852 liquefied petroleum gas installer qualifiers holding a valid
853 qualifier card upon the effective date of this act shall retain
854 their qualifier status until July 1, 2003, and may sit for the
855 master qualifier examination at any time during that time
856 period. All such category I liquefied petroleum gas dealer
857 qualifiers and liquefied petroleum gas installer qualifiers may
858 renew their qualification on or before July 1, 2003, upon
859 application to the department, payment of a $20 renewal fee, and
860 documentation of the completion of a minimum of 16 hours of
861 approved continuing education courses, as defined by department
862 rule, during the previous 3-year period. Applications for
863 renewal must be made 30 calendar days before expiration. Persons
864 failing to renew before the expiration date must reapply and
865 take a qualifier competency examination in order to reestablish
866 category I liquefied petroleum gas dealer qualifier and
867 liquefied petroleum gas installer qualifier status. If a
868 category I liquefied petroleum gas qualifier or liquefied
869 petroleum gas installer qualifier becomes a master qualifier at
870 any time during the effective date of the qualifier card, the
871 card shall remain in effect until expiration of the master
872 qualifier certification.
873 (4) A qualifier for a business organization involved in
874 installation, repair, maintenance, or service of liquefied
875 petroleum gas appliances, equipment, or systems must actually
876 function in a supervisory capacity of other company employees
877 performing licensed activities installing, repairing,
878 maintaining, or servicing liquefied petroleum gas appliances,
879 equipment, or systems. A separate qualifier shall be required
880 for every 10 such employees. Additional qualifiers are required
881 for those business organizations employing more than 10
882 employees that install, repair, maintain, or service liquefied
883 petroleum gas equipment and systems.
884 (5) In addition to all other licensing requirements, each
885 category I and category V licensee liquefied petroleum gas
886 dealer and liquefied petroleum gas installer must, at the time
887 of application for licensure, identify to the department one
888 master qualifier who is a full-time employee at the licensed
889 location. This person shall be a manager, owner, or otherwise
890 primarily responsible for overseeing the operations of the
891 licensed location and must provide documentation to the
892 department as provided by rule. The master qualifier requirement
893 shall be in addition to the requirements of subsection (1).
894 (a) In order to apply for certification as a master
895 qualifier, each applicant must have been a registered be a
896 category I liquefied petroleum gas dealer qualifier or liquefied
897 petroleum gas installer qualifier for a minimum of 3 years
898 immediately preceding submission of the application, must be
899 employed by a licensed category I or category V licensee
900 liquefied petroleum gas dealer, liquefied petroleum gas
901 installer, or applicant for such license, must provide
902 documentation of a minimum of 1 year’s work experience in the
903 gas industry, and must pass a master qualifier competency
904 examination. Master qualifier examinations shall be based on
905 Florida’s laws, rules, and adopted codes governing liquefied
906 petroleum gas safety, general industry safety standards, and
907 administrative procedures. The applicant must successfully pass
908 the examination with a grade of 70 75 percent or above. Each
909 applicant for master qualifier registration status must submit
910 to the department a nonrefundable $30 examination fee before the
912 (b) Upon successful completion of the master qualifier
913 examination, the department shall issue the examinee a
914 certificate of master qualifier registration status which shall
915 include the name of the licensed company for which the master
916 qualifier is employed. A master qualifier may transfer from one
917 licenseholder to another upon becoming employed by the company
918 and providing a written request to the department.
919 (c) A master qualifier registration expires status shall
920 expire 3 years after the date of issuance of the certificate and
921 may be renewed by submission to the department of documentation
922 of completion of at least 16 hours of approved continuing
923 education courses during the 3-year period; proof of employment
924 with a licensed category I liquefied petroleum gas dealer,
925 liquefied petroleum gas installer, or applicant; and a $30
926 certificate renewal fee. The department shall define , by rule ,
927 approved courses of continuing education.
928 (d) Each category I liquefied petroleum gas dealer or
929 liquefied petroleum gas installer licensed as of August 31,
930 2000, shall identify to the department one current category I
931 liquefied petroleum gas dealer qualifier or liquefied petroleum
932 gas installer qualifier who will be the designated master
933 qualifier for the licenseholder. Such individual must provide
934 proof of employment for 3 years or more within the liquefied
935 petroleum gas industry, and shall, upon approval of the
936 department, be granted a master qualifier certificate. All other
937 requirements with regard to master qualifier certificate
938 expiration, renewal, and continuing education shall apply.
939 (6) A vacancy in a qualifier or master qualifier position
940 in a business organization which results from the departure of
941 the qualifier or master qualifier shall be immediately reported
942 to the department by the departing qualifier or master qualifier
943 and the licensed company.
944 (a) If a business organization no longer possesses a duly
945 designated qualifier, as required by this section, its liquefied
946 petroleum gas licenses shall be suspended by order of the
947 department after 20 working days. The license shall remain
948 suspended until a competent qualifier has been employed, the
949 order of suspension terminated by the department, and the
950 license reinstated. A vacancy in the qualifier position for a
951 period of more than 20 working days shall be deemed to
952 constitute an immediate threat to the public health, safety, and
953 welfare. Failure to obtain a replacement qualifier within 60
954 days after the vacancy occurs shall be grounds for revocation of
955 licensure or eligibility for licensure.
956 (b) Any category I or category V licensee liquefied
957 petroleum gas dealer or LP gas installer who no longer possesses
958 a master qualifier but currently employs a category I liquefied
959 petroleum gas dealer or LP gas installer qualifier as required
960 by this section , has shall have 60 days within which to replace
961 the master qualifier. If the company fails to replace the master
962 qualifier within the 60-day time period, the license of the
963 company shall be suspended by order of the department. The
964 license shall remain suspended until a competent master
965 qualifier has been employed, the order of suspension has been
966 terminated by the department, and the license reinstated.
967 Failure to obtain a replacement master qualifier within 90 days
968 after the vacancy occurs shall be grounds for revocation of
969 licensure or eligibility for licensure.
970 (7) The department may deny, refuse to renew, suspend, or
971 revoke any qualifier card or master qualifier registration
972 certificate for any of the following causes:
973 (a) Violation of any provision of this chapter or any rule
974 or order of the department;
975 (b) Falsification of records relating to the qualifier card
976 or master qualifier registration certificate; or
977 (c) Failure to meet any of the renewal requirements.
978 (8) Any individual having competency qualifications on file
979 with the department may request the transfer of such
980 qualifications to any existing licenseholder by making a written
981 request to the department for such transfer. Any individual
982 having a competency examination on file with the department may
983 use such examination for a new license application after making
984 application in writing to the department. All examinations are
985 confidential and exempt from the provisions of s. 119.07(1).
986 (9) If a duplicate license, qualifier card, or master
987 qualifier registration certificate is requested by the licensee,
988 a fee of $10 must be received before issuance of the duplicate
989 license or certificate card. If a facsimile transmission of an
990 original license is requested, upon completion of the
991 transmission a fee of $10 must be received by the department
992 before the original license may be mailed to the requester.
993 (10) All revenues collected herein shall be deposited in
994 the General Inspection Trust Fund for the purpose of
995 administering the provisions of this chapter.
996 Section 23. Section 527.021, Florida Statutes, is amended
997 to read:
998 527.021 Registration of transport vehicles.—
999 (1) Each liquefied petroleum gas bulk delivery vehicle
1000 owned or leased by a liquefied petroleum gas licensee must be
1001 registered with the department as part of the licensing
1002 application or when placed into service annually.
1003 (2) For the purposes of this section, a “liquefied
1004 petroleum gas bulk delivery vehicle” means any vehicle that is
1005 used to transport liquefied petroleum gas on any public street
1006 or highway as liquid cargo in a cargo tank, which tank is
1007 mounted on a conventional truck chassis or is an integral part
1008 of a transporting vehicle in which the tank constitutes, in
1009 whole or in part, the stress member used as a frame and is a
1010 permanent part of the transporting vehicle.
1011 (3) Vehicle registrations shall be submitted by the vehicle
1012 owner or lessee in conjunction with the annual renewal of his or
1013 her liquefied petroleum gas license, but no later than August 31
1014 of each year. A dealer who fails to register a vehicle with the
1015 department does not submit the required vehicle registration by
1016 August 31 of each year is subject to the penalties in s. 527.13.
1017 (4) The department shall issue a decal to be placed on each
1018 vehicle that is inspected by the department and found to be in
1019 compliance with applicable codes.
1020 Section 24. Section 527.03, Florida Statutes, is amended to
1022 527.03 Annual Renewal of license.—All licenses required
1023 under this chapter shall be renewed annually, biennially, or
1024 triennially, as elected by the licensee, subject to the license
1025 fees prescribed in s. 527.02. All renewals must meet the same
1026 requirements and conditions as an annual license for each
1027 licensed year All licenses, except Category III Liquefied
1028 Petroleum Gas Cylinder Exchange Unit Operator licenses and
1029 Dealer in Appliances and Equipment for Use of Liquefied
1030 Petroleum Gas licenses, shall be renewed for the period
1031 beginning September 1 and shall expire on the following August
1032 31 unless sooner suspended, revoked, or otherwise terminated.
1033 Category III Liquefied Petroleum Gas Cylinder Exchange Unit
1034 Operator licenses and Dealer in Appliances and Equipment for Use
1035 of Liquefied Petroleum Gas licenses shall be renewed for the
1036 period beginning April 1 and shall expire on the following March
1037 31 unless sooner suspended, revoked, or otherwise terminated.
1038 Any license allowed to expire will shall become inoperative
1039 because of failure to renew. The fee for restoration of a
1040 license is equal to the original license fee and must be paid
1041 before the licensee may resume operations.
1042 Section 25. Section 527.04, Florida Statutes, is amended to
1044 527.04 Proof of insurance required.—
1045 (1) Before any license is issued, except to a category IV
1046 dealer in appliances and equipment for use of liquefied
1047 petroleum gas or a category III liquefied petroleum gas cylinder
1048 exchange operator, the applicant must deliver to the department
1049 satisfactory evidence that the applicant is covered by a primary
1050 policy of bodily injury liability and property damage liability
1051 insurance that covers the products and operations with respect
1052 to such business and is issued by an insurer authorized to do
1053 business in this state for an amount not less than $1 million
1054 and that the premium on such insurance is paid. An insurance
1055 certificate, affidavit, or other satisfactory evidence of
1056 acceptable insurance coverage shall be accepted as proof of
1057 insurance. In lieu of an insurance policy, the applicant may
1058 deliver a good and sufficient bond in the amount of $1 million,
1059 payable to the Commissioner of Agriculture Governor of Florida,
1060 with the applicant as principal and a surety company authorized
1061 to do business in this state as surety. The bond must be
1062 conditioned upon the applicant’s compliance with this chapter
1063 and the rules of the department with respect to the conduct of
1064 such business and shall indemnify and hold harmless all persons
1065 from loss or damage by reason of the applicant’s failure to
1066 comply. However, the aggregated liability of the surety may not
1067 exceed $1 million. If the insurance policy is canceled or
1068 otherwise terminated or the bond becomes insufficient, the
1069 department may require new proof of insurance or a new bond to
1070 be filed, and if the licenseholder fails to comply, the
1071 department shall cancel the license issued and give the
1072 licenseholder written notice that it is unlawful to engage in
1073 business without a license. A new bond is not required as long
1074 as the original bond remains sufficient and in force. If the
1075 licenseholder’s insurance coverage as required by this
1076 subsection is canceled or otherwise terminated, the insurer must
1077 notify the department within 30 days after the cancellation or
1079 (2) Before any license is issued to a category class III
1080 liquefied petroleum gas cylinder exchange operator, the
1081 applicant must deliver to the department satisfactory evidence
1082 that the applicant is covered by a primary policy of bodily
1083 injury liability and property damage liability insurance that
1084 covers the products and operations with respect to the business
1085 and is issued by an insurer authorized to do business in this
1086 state for an amount not less than $300,000 and that the premium
1087 on the insurance is paid. An insurance certificate, affidavit,
1088 or other satisfactory evidence of acceptable insurance coverage
1089 shall be accepted as proof of insurance. In lieu of an insurance
1090 policy, the applicant may deliver a good and sufficient bond in
1091 the amount of $300,000, payable to the Commissioner of
1092 Agriculture Governor, with the applicant as principal and a
1093 surety company authorized to do business in this state as
1094 surety. The bond must be conditioned upon the applicant’s
1095 compliance with this chapter and the rules of the department
1096 with respect to the conduct of such business and must indemnify
1097 and hold harmless all persons from loss or damage by reason of
1098 the applicant’s failure to comply. However, the aggregated
1099 liability of the surety may not exceed $300,000. If the
1100 insurance policy is canceled or otherwise terminated or the bond
1101 becomes insufficient, the department may require new proof of
1102 insurance or a new bond to be filed, and if the licenseholder
1103 fails to comply, the department shall cancel the license issued
1104 and give the licenseholder written notice that it is unlawful to
1105 engage in business without a license. A new bond is not required
1106 as long as the original bond remains sufficient and in force. If
1107 the licenseholder’s insurance coverage required by this
1108 subsection is canceled or otherwise terminated, the insurer must
1109 notify the department within 30 days after the cancellation or
1111 (3) Any person having a cause of action on the bond may
1112 bring suit against the principal and surety, and a copy of such
1113 bond duly certified by the department shall be received in
1114 evidence in the courts of this state without further proof. The
1115 department shall furnish a certified copy of the such bond upon
1116 payment to it of its lawful fee for making and certifying such
1118 Section 26. Section 527.0605, Florida Statutes, is amended
1119 to read:
1120 527.0605 Liquefied petroleum gas bulk storage locations;
1122 (1) The provisions of this chapter shall apply to liquefied
1123 petroleum gas bulk storage locations when:
1124 (a) A single container in the bulk storage location has a
1125 capacity of 2,000 gallons or more;
1126 (b) The aggregate container capacity of the bulk storage
1127 location is 4,000 gallons or more; or
1128 (c) A container or containers are installed for the purpose
1129 of serving the public the liquid product.
1130 (2) Prior to the installation of any bulk storage
1131 container, the licensee must submit to the department a site
1132 plan of the facility which shows the proposed location of the
1133 container and must obtain written approval of such location from
1134 the department.
1135 (3) A fee of $200 shall be assessed for each site plan
1136 reviewed by the division. The review shall include
1137 preconstruction inspection of the proposed site, plan review,
1138 and final inspection of the completed facility.
1139 (2) (4) No newly installed container may be placed in
1140 operation until it has been inspected and approved by the
1142 Section 27. Subsection (1) of section 527.065, Florida
1143 Statutes, is amended to read:
1144 527.065 Notification of accidents; leak calls.—
1145 (1) Immediately upon discovery, all liquefied petroleum gas
1146 licensees shall notify the department of any liquefied petroleum
1147 gas-related accident involving a liquefied petroleum gas
1148 licensee or customer account:
1149 (a) Which caused a death or personal injury requiring
1150 professional medical treatment;
1151 (b) Where uncontrolled ignition of liquefied petroleum gas
1152 resulted in death, personal injury, or property damage exceeding
1153 $3,000 $1,000; or
1154 (c) Which caused estimated damage to property exceeding
1155 $3,000 $1,000.
1156 Section 28. Subsection (3) is added to section 527.067,
1157 Florida Statutes, to read:
1158 527.067 Responsibilities of persons engaged in servicing
1159 liquefied petroleum gas equipment and systems and consumers, end
1160 users, or owners of liquefied petroleum gas equipment or
1162 (3) A category I liquefied petroleum gas dealer may not
1163 render a consumer’s liquefied petroleum gas equipment or system
1164 inoperable or discontinue service without providing written or
1165 electronic notification to the consumer at least 5 business days
1166 before rendering the liquefied petroleum gas equipment or system
1167 inoperable or discontinuing service. This notification does not
1168 apply in the event of a hazardous condition known to the
1169 category I liquefied petroleum gas dealer.
1170 Section 29. Section 527.10, Florida Statutes, is amended to
1172 527.10 Restriction on use of unsafe container or system.—No
1173 liquefied petroleum gas shall be introduced into or removed from
1174 any container or system in this state that has been identified
1175 by the department or its duly authorized inspectors as not
1176 complying with the rules pertaining to such container or system,
1177 until such violations as specified have been satisfactorily
1178 corrected and authorization for continued service or removal
1179 granted by the department. A statement of violations of the
1180 rules that render such a system unsafe for use shall be
1181 furnished in writing by the department to the ultimate consumer
1182 or dealer in liquefied petroleum gas.
1183 Section 30. Subsections (3) and (17) of section 527.21,
1184 Florida Statutes, are amended to read:
1185 527.21 Definitions relating to Florida Propane Gas
1186 Education, Safety, and Research Act.—As used in ss. 527.20
1187 527.23, the term:
1188 (3) “Dealer” means a business engaged primarily in selling
1189 propane gas and its appliances and equipment to the ultimate
1190 consumer or to retail propane gas dispensers.
1191 (17) “Wholesaler” or “reseller” means a seller of propane
1192 gas who is not a producer and who does not sell propane gas to
1193 the ultimate consumer.
1194 Section 31. Paragraph (a) of subsection (2) of section
1195 527.22, Florida Statutes, is amended to read:
1196 527.22 Florida Propane Gas Education, Safety, and Research
1197 Council established; membership; duties and responsibilities.—
1198 (2)(a) Within 90 days after the effective date of this act,
1199 the commissioner shall make a call to qualified industry
1200 organizations for nominees to the council. The commissioner
1201 shall appoint members of the council from a list of nominees
1202 submitted by qualified industry organizations. The commissioner
1203 may require such reports or documentation as is necessary to
1204 document the nomination process for members of the council.
1205 Qualified industry organizations, in making nominations, and the
1206 commissioner, in making appointments, shall give due regard to
1207 selecting a council that is representative of the industry and
1208 the geographic regions of the state. Other than the public
1209 member, council members must be full-time employees or owners of
1210 propane gas producers or dealers doing business in this state.
1211 Section 32. Section 531.67, Florida Statutes, is amended to
1213 531.67 Expiration of sections.—Sections 531.60, 531.61,
1214 531.62, 531.63, 531.64, 531.65, and 531.66 shall expire July 1,
1215 2025 2020.
1216 Section 33. Section 534.47, Florida Statutes, is amended to
1218 534.47 Definitions.—As used in ss. 534.48-534.54, the term
1219 ss. 534.48-534.53:
1220 (1) “Dealer” means a person, not a market agency, engaged
1221 in the business of buying or selling in commerce livestock
1222 either on his or her own account or as the employee or agent of
1223 a vendor or purchaser.
1224 (2) (1) “Department” means the Department of Agriculture and
1225 Consumer Services.
1226 (3) “Livestock” has the same meaning as in s. 585.01(13).
1227 (4) (2) “Livestock market” means any location in the state
1228 where livestock is assembled and sold at public auction or on a
1229 commission basis during regularly scheduled or special sales.
1230 The term “livestock market” does shall not include private farms
1231 or ranches or sales made at livestock shows, fairs, exhibitions,
1232 or special breed association sales.
1233 (5) “Packer” means a person engaged in the business of
1234 buying livestock in commerce for purposes of slaughter, or of
1235 manufacturing or preparing meats or meat food products for sale
1236 or shipment in commerce, or of marketing meats, meat food
1237 products, or livestock products in an unmanufactured form acting
1238 as a wholesaler broker, dealer, or distributor in commerce.
1239 (6) “Purchaser” means a person, partnership, firm,
1240 corporation, or other organization owning, managing, producing,
1241 or dealing in livestock, including, but not limited to, a packer
1242 or dealer, that buys livestock for breeding, feeding, reselling,
1243 slaughter, or other purpose.
1244 (7) “Registered and approved livestock market” means a
1245 livestock market fully registered, bonded, and approved as a
1246 market agency pursuant to the Stockyards Act and governing
1247 regulations of the United States Department of Agriculture Grain
1248 Inspection, Packers and Stockyards Administration.
1249 (8) “Seller” means a person, partnership, firm,
1250 corporation, or other organization owning, managing, producing,
1251 financing, or dealing in livestock, including, but not limited
1252 to, a registered and approved livestock market as consignee or a
1253 dealer, that sells livestock for breeding, feeding, reselling,
1254 slaughter, or other purpose.
1255 (9) “Stockyards Act” means the Packers and Stockyards Act
1256 of 1921, 7 U.S.C. ss. 181–229 and the regulations promulgated
1257 pursuant to that act under 9 C.F.R. part 201.
1258 (3) “Buyer” means the party to whom title of livestock
1259 passes or who is responsible for the purchase price of
1260 livestock, including, but not limited to, producers, dealers,
1261 meat packers, or order buyers.
1262 Section 34. Section 534.49, Florida Statutes, is amended to
1264 534.49 Livestock drafts; effect.—For the purposes of this
1265 section, a livestock draft given as payment at a livestock
1266 auction market for a livestock purchase shall not be deemed an
1267 express extension of credit to the purchaser buyer and shall not
1268 defeat the creation of a lien on such an animal and its carcass,
1269 and all products therefrom, and all proceeds thereof, to secure
1270 all or a part of its sales price, as provided in s. 534.54(3) s.
1272 Section 35. Section 534.50, Florida Statutes, is repealed.
1273 Section 36. Section 534.501, Florida Statutes, is amended
1274 to read:
1275 534.501 Livestock draft; Unlawful to delay or failure in
1276 payment.—It is shall be unlawful for the purchaser of livestock
1277 to delay or fail in rendering payment for livestock to a seller
1278 of cattle as provided in s. 534.54. A person who violates this
1279 section commits an unfair or deceptive act or practice as
1280 specified in s. 501.204 payment of the livestock draft upon
1281 presentation of said draft at the payor’s bank. Nothing
1282 contained in this section shall be construed to preclude a
1283 payor’s right to refuse payment of an unauthorized draft.
1284 Section 37. Section 534.51, Florida Statutes, is repealed.
1285 Section 38. Section 534.54, Florida Statutes, is amended to
1287 534.54 Cattle or hog processors; prompt payment; penalty;
1289 (1) As used in this section:
1290 (a) “Livestock” means cattle or hogs.
1291 (b) “Meat processor” means a person, corporation,
1292 association, or other legal entity engaged in the business of
1293 slaughtering cattle or hogs.
1294 (1) (2)(a) A purchaser that meat processor who purchases
1295 livestock from a seller , or any person, corporation,
1296 association, or other legal entity who purchases livestock from
1297 a seller for slaughter, shall make payment by cash or check for
1298 the purchase price of the livestock and actually deliver the
1299 cash or check to the seller or her or his representative at the
1300 location where the purchaser takes physical possession of the
1301 livestock on the day the transfer of possession occurs or by
1302 shall wire transfer of funds on the business day within which
1303 the possession of the said livestock is transferred. However, if
1304 the transfer of possession is accomplished after normal banking
1305 hours, said payment shall be made in the manner herein provided
1306 in this subsection no not later than the close of the first
1307 business day following the said transfer of possession. In the
1308 case of “grade and yield ” selling, the purchaser shall make
1309 payment by wire transfer of funds or by personal or cashier’s
1310 check by registered mail postmarked no not later than the close
1311 of the first business day following determination of “grade and
1312 yield. ”
1313 (b) All instruments issued in payment as required by this
1314 section hereunder shall be drawn on banking institutions which
1315 are so located as not artificially to delay collection of funds
1316 through the mail or otherwise cause an undue lapse of time in
1317 the clearance process.
1318 (2) (3) In all cases in which A purchaser of who purchases
1319 livestock that for slaughter from a seller fails to comply with
1320 subsection (1) make payment for the livestock as required by
1321 this section or artificially delays collection of funds for the
1322 payment of the livestock , the purchaser shall be liable to pay
1323 the seller owner of the livestock, in addition to the price of
1324 the livestock:
1325 (a) Twelve percent damages on the amount of the price.
1326 (b) Interest on the purchase price of the livestock at the
1327 highest legal rate from and after the transfer of possession
1328 until payment is made as required by this section.
1329 (c) A Reasonable attorney fees, court costs, and expenses
1330 attorney’s fee for the prosecution of collection of the payment.
1331 (3) (4)(a) A seller that Any person, partnership, firm,
1332 corporation, or other organization which sells livestock to a
1333 purchaser shall have a lien on such animal and its carcass, all
1334 products therefrom, and all proceeds thereof to secure all or a
1335 part of its sales price.
1336 (b) The lien provided in this subsection shall be deemed to
1337 have attached and to be perfected upon delivery of the livestock
1338 to the purchaser without further action, and such lien shall
1339 continue in the livestock and its carcass, all products
1340 therefrom, and all proceeds thereof without regard to possession
1341 thereof by the party entitled to such lien without further
1343 (c) If the livestock or its carcass or products therefrom
1344 are so commingled with other livestock, carcasses, or products
1345 so that the identity thereof is lost, then the lien granted in
1346 this subsection shall extend to the same effect as if same had
1347 been perfected originally in all such animals, carcasses, and
1348 products with which it has become commingled. However, all liens
1349 so extended under this paragraph to such commingled livestock,
1350 carcasses, and products shall be on a parity with one another,
1351 and, with respect to such commingled carcasses or products upon
1352 which a lien or liens have been so extended under this
1353 paragraph, no such lien shall be enforceable as against any
1354 purchaser without actual knowledge thereof purchasing one or
1355 more of such carcasses or products in the ordinary course of
1356 trade or business from the party having commingled such
1357 carcasses or products or against any subsequent transferee from
1358 such purchaser, but in the event of such sale, such lien shall
1359 instead extend to the proceeds of such sale.
1360 Section 39. Subsection (46) is added to section 570.07,
1361 Florida Statutes, to read:
1362 570.07 Department of Agriculture and Consumer Services;
1363 functions, powers, and duties.—The department shall have and
1364 exercise the following functions, powers, and duties:
1365 (46) During a state of emergency declared pursuant to s.
1366 252.36, to waive fees by emergency order for duplicate copies or
1367 renewal of permits, licenses, certifications, or other similar
1368 types of authorizations during a period specified by the
1370 Section 40. Section 573.111, Florida Statutes, is amended
1371 to read:
1372 573.111 Notice of effective date of marketing order.—Before
1373 the issuance of any marketing order, or any suspension,
1374 amendment, or termination thereof, a notice must shall be posted
1375 on a public bulletin board to be maintained by the department in
1376 the Division of Marketing and Development of the department in
1377 the Nathan Mayo Building, Tallahassee, Leon County, and a copy
1378 of the notice shall be posted on the department website the same
1379 date that the notice is posted on the bulletin board. A No
1380 marketing order, or any suspension, amendment, or termination
1381 thereof, may not shall become effective until the termination of
1382 a period of 5 days after from the date of posting and
1384 Section 41. Section 578.011, Florida Statutes, is amended
1385 to read:
1386 578.011 Definitions; Florida Seed Law.—When used in this
1387 chapter, the term:
1388 (1) “Advertisement” means all representations, other than
1389 those on the label, disseminated in any manner or by any means,
1390 relating to seed within the scope of this law.
1391 (2) “Agricultural seed” includes the seed of grass, forage,
1392 cereal and fiber crops, and chufas and any other seed commonly
1393 recognized within the state as agricultural seed, lawn seed, and
1394 combinations of such seed, and may include identified noxious
1395 weed seed when the department determines that such seed is being
1396 used as agricultural seed or field seed and mixtures of such
1398 (3) “Blend” means seed consisting of more than one variety
1399 of one kind, each present in excess of 5 percent by weight of
1400 the whole.
1401 (4) “Buyer” means a person who purchases agricultural,
1402 vegetable, flower, tree, or shrub seed in packaging of 1,000
1403 seeds or more by count.
1404 (5) “Brand” means a distinguishing word, name, symbol,
1405 number, or design used to identify seed produced, packaged,
1406 advertised, or offered for sale by a particular person.
1407 (6) (3) “Breeder seed” means a class of certified seed
1408 directly controlled by the originating or sponsoring plant
1409 breeding institution or person, or designee thereof, and is the
1410 source for the production of seed of the other classes of
1411 certified seed that are released directly from the breeder or
1412 experiment station that develops the seed. These seed are one
1413 class above foundation seed.
1414 (7) (4) “Certified seed ,” means a class of seed which is the
1415 progeny of breeder, foundation, or registered seed “registered
1416 seed,” and “foundation seed” mean seed that have been produced
1417 and labeled in accordance with the procedures and in compliance
1418 with the rules and regulations of any agency authorized by the
1419 laws of this state or the laws of another state.
1420 (8) “Certifying agency” means:
1421 (a) An agency authorized under the laws of a state,
1422 territory, or possession of the United States to officially
1423 certify seed and which has standards and procedures approved by
1424 the United States Secretary of Agriculture to assure the genetic
1425 purity and identity of the seed certified; or
1426 (b) An agency of a foreign country that the United States
1427 Secretary of Agriculture has determined as adhering to
1428 procedures and standards for seed certification comparable to
1429 those adhered to generally by seed certifying agencies under
1430 paragraph (a).
1431 (9) “Coated seed” means seed that has been covered by a
1432 layer of materials that obscures the original shape and size of
1433 the seed and substantially increases the weight of the product.
1434 The addition of biologicals, pesticides, identifying colorants
1435 or dyes, or other active ingredients including polymers may be
1436 included in this process.
1437 (10) (5) “Date of test” means the month and year the
1438 percentage of germination appearing on the label was obtained by
1439 laboratory test.
1440 (11) (6) “Dealer” means any person who sells or offers for
1441 sale any agricultural, vegetable, flower, or forest tree, or
1442 shrub seed for seeding purposes, and includes farmers who sell
1443 cleaned, processed, packaged, and labeled seed.
1444 (12) (7) “Department” means the Department of Agriculture
1445 and Consumer Services or its authorized representative.
1446 (13) (8) “Dormant seed” refers to viable seed, other than
1447 hard seed, which neither germinate nor decay during the
1448 prescribed test period and under the prescribed test conditions.
1449 (14) (9) “Flower seed” includes seed of herbaceous plants
1450 grown for blooms, ornamental foliage, or other ornamental parts,
1451 and commonly known and sold under the name of flower or
1452 wildflower seed in this state.
1453 (10) “Forest tree seed” includes seed of woody plants
1454 commonly known and sold as forest tree seed.
1455 (15) “Foundation seed” means a class of certified seed
1456 which is the progeny of breeder or other foundation seed and is
1457 produced and handled under procedures established by the
1458 certifying agency, in accordance with this part, for producing
1459 foundation seed, for the purpose of maintaining genetic purity
1460 and identity.
1461 (16) (11) “Germination” means the emergence and development
1462 from the seed embryo of those essential structures which, for
1463 the kind of seed in question, are indicative of the ability to
1464 produce a normal plant under favorable conditions percentage of
1465 seed capable of producing normal seedlings under ordinarily
1466 favorable conditions. Broken seedlings and weak, malformed and
1467 obviously abnormal seedlings shall not be considered to have
1469 (17) (12) “Hard seed” means seeds that remain hard at the
1470 end of a prescribed test period because they have not absorbed
1471 water due to an impermeable seed coat the percentage of seed
1472 which because of hardness or impermeability did not absorb
1473 moisture or germinate under prescribed tests but remain hard
1474 during the period prescribed for germination of the kind of seed
1476 (18) (13) “Hybrid” means the first generation seed of a
1477 cross produced by controlling the pollination and by combining:
1478 (a) Two or more inbred lines;
1479 (b) One inbred or a single cross with an open-pollinated
1480 variety; or
1481 (c) Two varieties or species, except open-pollinated
1482 varieties of corn (Zea mays).
1484 The second generation or subsequent generations from such
1485 crosses may shall not be regarded as hybrids. Hybrid
1486 designations shall be treated as variety names.
1487 (19) (14) “Inert matter” means all matter that is not a full
1488 seed includes broken seed when one-half in size or less; seed of
1489 legumes or crucifers with the seed coats removed; undeveloped
1490 and badly injured weed seed such as sterile dodder which, upon
1491 visual examination, are clearly incapable of growth; empty
1492 glumes of grasses; attached sterile glumes of grasses (which
1493 must be removed from the fertile glumes except in Rhodes grass);
1494 dirt, stone, chaff, nematode, fungus bodies, and any matter
1495 other than seed.
1496 (20) (15) “Kind” means one or more related species or
1497 subspecies which singly or collectively is known by one common
1498 name; e.g., corn, beans, lespedeza.
1499 (21) “Label” means the display or displays of written or
1500 printed material upon or attached to a container of seed.
1501 (22) (16) “Labeling” includes all labels and other written,
1502 printed, or graphic representations, in any form, accompanying
1503 and pertaining to any seed, whether in bulk or in containers,
1504 and includes invoices and other bills of shipment when sold in
1506 (23) (17) “Lot of seed” means a definite quantity of seed
1507 identified by a lot number or other mark identification, every
1508 portion or bag of which is uniform within recognized tolerances
1509 for the factors that appear in the labeling , for the factors
1510 which appear in the labeling, within permitted tolerances.
1511 (24) (18) “Mix,” “mixed,” or “mixture” means seed consisting
1512 of more than one kind or variety, each present in excess of 5
1513 percent by weight of the whole.
1514 (25) “Mulch” means a protective covering of any suitable
1515 substance placed with seed which acts to retain sufficient
1516 moisture to support seed germination and sustain early seedling
1517 growth and aid in the prevention of the evaporation of soil
1518 moisture, the control of weeds, and the prevention of erosion.
1519 (26) “Noxious weed seed” means seed in one of two classes
1520 of seed:
1521 (a) “Prohibited noxious weed seed” means the seed of weeds
1522 that are highly destructive and difficult to control by good
1523 cultural practices and the use of herbicides.
1524 (b) “Restricted noxious weed seed” means weed seeds that
1525 are objectionable in agricultural crops, lawns, and gardens of
1526 this state and which can be controlled by good agricultural
1527 practices or the use of herbicides.
1528 (27) (19) “Origin” means the state, District of Columbia,
1529 Puerto Rico, or possession of the United States, or the foreign
1530 country where the seed were grown, except for native species,
1531 where the term means the county or collection zone and the state
1532 where the seed were grown for forest tree seed, with respect to
1533 which the term “origin” means the county or state forest service
1534 seed collection zone and the state where the seed were grown.
1535 (28) (20) “Other crop seed” includes all seed of plants
1536 grown in this state as crops, other than the kind or kind and
1537 variety included in the pure seed, when not more than 5 percent
1538 of the whole of a single kind or variety is present, unless
1539 designated as weed seed.
1540 (29) “Packet seed” means seed prepared for use in home
1541 gardens and household plantings packaged in labeled, sealed
1542 containers of less than 8 ounces and typically sold from seed
1543 racks or displays in retail establishments, via the Internet, or
1544 through mail order.
1545 (30) (21) “Processing” means conditioning, cleaning,
1546 scarifying, or blending to obtain uniform quality and other
1547 operations which would change the purity or germination of the
1548 seed and, therefore, require retesting to determine the quality
1549 of the seed.
1550 (22) “Prohibited noxious weed seed” means the seed and
1551 bulblets of perennial weeds such as not only reproduce by seed
1552 or bulblets, but also spread by underground roots or stems and
1553 which, when established, are highly destructive and difficult to
1554 control in this state by ordinary good cultural practice.
1555 (31) (23) “Pure seed” means the seed, exclusive of inert
1556 matter, of the kind or kind and variety of seed declared on the
1557 label or tag includes all seed of the kind or kind and variety
1558 or strain under consideration, whether shriveled, cracked, or
1559 otherwise injured, and pieces of broken seed larger than one
1560 half the original size.
1561 (32) (24) “Record” includes the symbol identifying the seed
1562 as to origin, amount, processing, testing, labeling, and
1563 distribution, file sample of the seed, and any other document or
1564 instrument pertaining to the purchase, sale, or handling of
1565 agricultural, vegetable, flower, or forest tree, or shrub seed.
1566 Such information includes seed samples and records of
1567 declarations, labels, purchases, sales, conditioning, bulking,
1568 treatment, handling, storage, analyses, tests, and examinations.
1569 (33) “Registered seed” means a class of certified seed
1570 which is the progeny of breeder or foundation seed and is
1571 produced and handled under procedures established by the
1572 certifying agency, in accordance with this part, for the purpose
1573 of maintaining genetic purity and identity.
1574 (25) “Restricted noxious weed seed” means the seed of such
1575 weeds as are very objectionable in fields, lawns, or gardens of
1576 this state, but can be controlled by good cultural practice.
1577 Seed of poisonous plants may be included.
1578 (34) “Shrub seed” means seed of a woody plant that is
1579 smaller than a tree and has several main stems arising at or
1580 near the ground.
1581 (35) (26) “Stop-sale” means any written or printed notice or
1582 order issued by the department to the owner or custodian of any
1583 lot of agricultural, vegetable, flower, or forest tree, or shrub
1584 seed in the state, directing the owner or custodian not to sell
1585 or offer for sale seed designated by the order within the state
1586 until the requirements of this law are complied with and a
1587 written release has been issued; except that the seed may be
1588 released to be sold for feed.
1589 (36) (27) “Treated” means that the seed has been given an
1590 application of a material or subjected to a process designed to
1591 control or repel disease organisms, insects, or other pests
1592 attacking seed or seedlings grown therefrom to improve its
1593 planting value or to serve any other purpose.
1594 (37) “Tree seed” means seed of a woody perennial plant
1595 typically having a single stem or trunk growing to a
1596 considerable height and bearing lateral branches at some
1597 distance from the ground.
1598 (38) (28) “Type” means a group of varieties so nearly
1599 similar that the individual varieties cannot be clearly
1600 differentiated except under special conditions.
1601 (39) (29) “Variety” means a subdivision of a kind which is
1602 distinct in the sense that the variety can be differentiated by
1603 one or more identifiable morphological, physiological, or other
1604 characteristics from all other varieties of public knowledge;
1605 uniform in the sense that the variations in essential and
1606 distinctive characteristics are describable; and stable in the
1607 sense that the variety will remain unchanged in its essential
1608 and distinctive characteristics and its uniformity when
1609 reproduced or reconstituted characterized by growth, plant
1610 fruit, seed, or other characteristics by which it can be
1611 differentiated from other sorts of the same kind; e.g.,
1612 Whatley’s Prolific corn, Bountiful beans, Kobe lespedeza.
1613 (40) (30) “Vegetable seed” means the seed of those crops
1614 that which are grown in gardens or on truck farms, and are
1615 generally known and sold under the name of vegetable seed or
1616 herb seed in this state.
1617 (41) (31) “Weed seed” includes the seed of all plants
1618 generally recognized as weeds within this state, and includes
1619 prohibited and restricted noxious weed seed, bulblets, and
1620 tubers, and any other vegetative propagules.
1621 Section 42. Section 578.012, Florida Statutes, is created
1622 to read:
1623 578.012 Preemption.—
1624 (1) It is the intent of the Legislature to eliminate
1625 duplication of regulation of seed. As such, this chapter is
1626 intended as comprehensive and exclusive and occupies the whole
1627 field of regulation of seed.
1628 (2) The authority to regulate seed or matters relating to
1629 seed in this state is preempted to the state. A local government
1630 or political subdivision of the state may not enact or enforce
1631 an ordinance that regulates seed, including the power to assess
1632 any penalties provided for violation of this chapter.
1633 Section 43. Section 578.08, Florida Statutes, is amended to
1635 578.08 Registrations.—
1636 (1) Every person, except as provided in subsection (4) and
1637 s. 578.14, before selling, distributing for sale, offering for
1638 sale, exposing for sale, handling for sale, or soliciting orders
1639 for the purchase of any agricultural, vegetable, flower, or
1640 forest tree, or shrub seed or mixture thereof, shall first
1641 register with the department as a seed dealer. The application
1642 for registration must include the name and location of each
1643 place of business at which the seed is sold, distributed for
1644 sale, offered for sale, exposed for sale, or handled for sale.
1645 The application must for registration shall be filed with the
1646 department by using a form prescribed by the department or by
1647 using the department’s website and shall be accompanied by an
1648 annual registration fee for each such place of business based on
1649 the gross receipts from the sale of such seed for the last
1650 preceding license year as follows:
1651 (a)1. Receipts of less than $500, a fee of $10.
1652 2. Receipts of $500 or more but less than $1,000, a fee of
1654 3. Receipts of $1,000 or more but less than $2,500, a fee
1655 of $100.
1656 4. Receipts of $2,500 or more but less than $5,000, a fee
1657 of $200.
1658 5. Receipts of $5,000 or more but less than $10,000, a fee
1659 of $350.
1660 6. Receipts of $10,000 or more but less than $20,000, a fee
1661 of $800.
1662 7. Receipts of $20,000 or more but less than $40,000, a fee
1663 of $1,000.
1664 8. Receipts of $40,000 or more but less than $70,000, a fee
1665 of $1,200.
1666 9. Receipts of $70,000 or more but less than $150,000, a
1667 fee of $1,600.
1668 10. Receipts of $150,000 or more but less than $400,000, a
1669 fee of $2,400.
1670 11. Receipts of $400,000 or more, a fee of $4,600.
1671 (b) For places of business not previously in operation, the
1672 fee shall be based on anticipated receipts for the first license
1674 (2) A written receipt from the department of the
1675 registration and payment of the fee shall constitute a
1676 sufficient permit for the dealer to engage in or continue in the
1677 business of selling, distributing for sale, offering or exposing
1678 for sale, handling for sale, or soliciting orders for the
1679 purchase of any agricultural, vegetable, flower, or forest tree,
1680 or shrub seed within the state. However, the department has
1681 shall have authority to suspend or revoke any permit for the
1682 violation of any provision of this law or of any rule adopted
1683 under authority hereof. The registration shall expire on June 30
1684 of the next calendar year and shall be renewed on July 1 of each
1685 year. If any person subject to the requirements of this section
1686 fails to comply, the department may issue a stop-sale notice or
1687 order which shall prohibit the person from selling or causing to
1688 be sold any agricultural, vegetable, flower, or forest tree, or
1689 shrub seed until the requirements of this section are met.
1690 (3) Every person selling, distributing for sale, offering
1691 for sale, exposing for sale, handling for sale, or soliciting
1692 orders for the purchase of any agricultural, vegetable, flower,
1693 or forest tree, or shrub seed in the state other than as
1694 provided in subsection (4) s. 578.14, shall be subject to the
1695 requirements of this section ; except that agricultural
1696 experiment stations of the State University System shall not be
1697 subject to the requirements of this section.
1698 (4) The provisions of This chapter does shall not apply to
1699 farmers who sell only uncleaned, unprocessed, unpackaged, and
1700 unlabeled seed, but shall apply to farmers who sell cleaned,
1701 processed, packaged, and labeled seed in amounts in excess of
1702 $10,000 in any one year.
1703 (5) When packet seed is sold, offered for sale, or exposed
1704 for sale, the company who packs seed for retail sale must
1705 register and pay fees as provided under subsection (1).
1706 Section 44. Section 578.09, Florida Statutes, is amended to
1708 578.09 Label requirements for agricultural, vegetable,
1709 flower, tree, or shrub seeds.—Each container of agricultural,
1710 vegetable, or flower, tree, or shrub seed which is sold, offered
1711 for sale, exposed for sale, or distributed for sale within this
1712 state for sowing or planting purposes must shall bear thereon or
1713 have attached thereto, in a conspicuous place , a label or labels
1714 containing all information required under this section, plainly
1715 written or printed label or tag in the English language , in
1716 Century type. All data pertaining to analysis must shall appear
1717 on a single label. Language setting forth the requirements for
1718 filing and serving complaints as described in s. 578.26(1)(c)
1719 must s. 578.26(1)(b) shall be included on the analysis label or
1720 be otherwise attached to the package, except for packages
1721 containing less than 1,000 seeds by count.
1722 (1) FOR TREATED SEED.— For all treated agricultural,
1723 vegetable, or flower, tree, or shrub seed treated as defined in
1724 this chapter:
1725 (a) A word or statement indicating that the seed has been
1726 treated or description of process used.
1727 (b) The commonly accepted coined, chemical, or abbreviated
1728 chemical (generic) name of the applied substance or description
1729 of the process used and the words “poison treated” in red
1730 letters, in not less than 1/4-inch type.
1731 (c) If the substance in the amount present with the seed is
1732 harmful to humans or other vertebrate animals, a caution
1733 statement such as “Do not use for food, feed, or oil purposes.”
1734 The caution for mercurials, Environmental Protection Agency
1735 Toxicity Category 1 as referenced in 7 C.F.R. 201.31a(c)(2), and
1736 similarly toxic substances shall be designated by a poison
1737 statement or symbol.
1738 (d) Rate of application or statement “Treated at
1739 manufacturer’s recommended rate.”
1740 (d) (e) If the seed is treated with an inoculant, the date
1741 beyond which the inoculant is not to be considered effective
1742 (date of expiration).
1744 A label separate from other labels required by this section or
1745 other law may be used to identify seed treatments as required by
1746 this subsection.
1747 (2) For agricultural seed, including lawn and turf grass
1748 seed and mixtures thereof: AGRICULTURAL SEED.—
1749 (a) Commonly accepted The name of the kind and variety of
1750 each agricultural seed component present in excess of 5 percent
1751 of the whole, and the percentage by weight of each in the order
1752 of its predominance. Where more than one component is required
1753 to be named, the word “mixed,” “mixture,” or “blend” must the
1754 word “mixed” shall be shown conspicuously on the label. Hybrids
1755 must be labeled as hybrids.
1756 (b) Lot number or other lot identification.
1757 (c) Net weight or seed count.
1758 (d) Origin, if known. If the origin is ; if unknown, that
1759 fact must shall be stated.
1760 (e) Percentage by weight of all weed seed.
1761 (f) The Name and number of noxious weed seed per pound, if
1762 present per pound of each kind of restricted noxious weed seed.
1763 (g) Percentage by weight of agricultural seed which may be
1764 designated as other crop seed, other than those required to be
1765 named on the label.
1766 (h) Percentage by weight of inert matter.
1767 (i) For each named agricultural seed, including lawn and
1768 turf grass seed:
1769 1. Percentage of germination, exclusive of hard or dormant
1771 2. Percentage of hard or dormant seed, if when present , if
1772 desired; and
1773 3. The calendar month and year the test was completed to
1774 determine such percentages, provided that the germination test
1775 must have been completed within the previous 9 months, exclusive
1776 of the calendar month of test.
1777 (j) Name and address of the person who labeled said seed or
1778 who sells, distributes, offers, or exposes said seed for sale
1779 within this state.
1781 The sum total of the percentages listed pursuant to paragraphs
1782 (a),(e),(g), and (h) must be equal to 100 percent.
1783 (3) For seed that is coated:
1784 (a) Percentage by weight of pure seed with coating material
1785 removed. The percentage of coating material may be included with
1786 the inert matter percentage or may be listed separately.
1787 (b) Percentage of germination. This percentage must be
1788 determined based on an examination of 400 coated units with or
1789 without seed.
1791 In addition to the requirements of this subsection, labeling of
1792 coated seed must also comply with the requirements of any other
1793 subsection pertaining to that type of seed. FOR VEGETABLE SEED
1794 IN CONTAINERS OF 8 OUNCES OR MORE.—
1795 (a) Name of kind and variety of seed.
1796 (b) Net weight or seed count.
1797 (c) Lot number or other lot identification.
1798 (d) Percentage of germination.
1799 (e) Calendar month and year the test was completed to
1800 determine such percentages.
1801 (f) Name and address of the person who labeled said seed or
1802 who sells, distributes, offers or exposes said seed for sale
1803 within this state.
1804 (g) For seed which germinate less than the standard last
1805 established by the department the words “below standard,” in not
1806 less than 8-point type, must be printed or written in ink on the
1807 face of the tag, in addition to the other information required.
1808 Provided, that no seed marked “below standard” shall be sold
1809 which falls more than 20 percent below the standard for such
1810 seed which has been established by the department, as authorized
1811 by this law.
1812 (h) The name and number of restricted noxious weed seed per
1814 (4) For combination mulch, seed, and fertilizer products:
1815 (a) The word “combination” followed, as appropriate, by the
1816 words “mulch - seed – fertilizer” must appear prominently on the
1817 principal display panel of the package.
1818 (b) If the product is an agricultural seed placed in a
1819 germination medium, mat, tape, or other device or is mixed with
1820 mulch or fertilizer, it must also be labeled with all of the
1822 1. Product name.
1823 2. Lot number or other lot identification.
1824 3. Percentage by weight of pure seed of each kind and
1825 variety named which may be less than 5 percent of the whole.
1826 4. Percentage by weight of other crop seed.
1827 5. Percentage by weight of inert matter.
1828 6. Percentage by weight of weed seed.
1829 7. Name and number of noxious weed seeds per pound, if
1831 8. Percentage of germination, and hard or dormant seed if
1832 appropriate, of each kind or kind and variety named. The
1833 germination test must have been completed within the previous 12
1834 months exclusive of the calendar month of test.
1835 9. The calendar month and year the test was completed to
1836 determine such percentages.
1837 10. Name and address of the person who labeled the seed, or
1838 who sells, offers, or exposes the seed for sale within the
1841 The sum total of the percentages listed pursuant to
1842 subparagraphs 3., 4., 5., and 6. must be equal to 100 percent.
1843 (5) For vegetable seed in packets as prepared for use in
1844 home gardens or household plantings or vegetable seeds in
1845 preplanted containers, mats, tapes, or other planting devices:
1846 FOR VEGETABLE SEED IN CONTAINERS OF LESS THAN 8 OUNCES.—
1847 (a) Name of kind and variety of seed. Hybrids must be
1848 labeled as hybrids.
1849 (b) Lot number or other lot identification.
1850 (c) Germination test date identified in the following
1852 1. The calendar month and year the germination test was
1853 completed and the statement “Sell by ...(month/year)...”, which
1854 may be no more than 12 months from the date of test, beginning
1855 with the month after the test date;
1856 2. The month and year the germination test was completed,
1857 provided that the germination test must have been completed
1858 within the previous 12 months, exclusive of the calendar month
1859 of test; or
1860 3. The year for which the seed was packaged for sale as
1861 “Packed for ...(year)...” and the statement “Sell by
1862 ...(year)...” which shall be one year after the seed was
1863 packaged for sale.
1864 (d) (b) Name and address of the person who labeled the seed
1865 or who sells, distributes, offers, or exposes said seed for sale
1866 within this state.
1867 (e) (c) For seed which germinate less than standard last
1868 established by the department , the additional information must
1869 be shown:
1870 1. Percentage of germination, exclusive of hard or dormant
1872 2. Percentage of hard or dormant seed when present, if
1873 present desired.
1874 3. Calendar month and year the test was completed to
1875 determine such percentages.
1876 3. 4. The words “Below Standard” prominently displayed in
1877 not less than 8-point type.
1879 (f) (d) No seed marked “below standard” may shall be sold
1880 that falls which fall more than 20 percent below the established
1881 standard for such seed. For seeds that do not have an
1882 established standard, the minimum germination standard shall be
1883 50 percent, and no such seed may be sold that is 20 percent
1884 below this standard.
1885 (g) For seed placed in a germination medium, mat, tape, or
1886 other device in such a way as to make it difficult to determine
1887 the quantity of seed without removing the seeds from the medium,
1888 mat, tape or device, a statement to indicate the minimum number
1889 of seeds in the container.
1890 (6) For vegetable seed in containers, other than packets
1891 prepared for use in home gardens or household plantings, and
1892 other than preplanted containers, mats, tapes, or other planting
1894 (a) The name of each kind and variety present of any seed
1895 in excess of 5 percent of the total weight in the container, and
1896 the percentage by weight of each type of seed in order of its
1897 predominance. Hybrids must be labeled as hybrids.
1898 (b) Net weight or seed count.
1899 (c) Lot number or other lot identification.
1900 (d) For each named vegetable seed:
1901 1. Percentage germination, exclusive of hard or dormant
1903 2. Percentage of hard or dormant seed, if present;
1904 3. Listed below the requirements of subparagraphs 1. and
1905 2., the “total germination and hard or dormant seed” may be
1906 stated as such, if desired; and
1907 4. The calendar month and year the test was completed to
1908 determine the percentages specified in subparagraphs 1. and 2.,
1909 provided that the germination test must have been completed
1910 within 9 months, exclusive of the calendar month of test.
1911 (e) Name and address of the person who labeled the seed, or
1912 who sells, offers, or exposes the seed for sale within this
1914 (f) For seed which germinate less than the standard last
1915 established by the department, the words “Below Standard”
1916 prominently displayed.
1917 1. No seed marked “Below Standard” may be sold if the seed
1918 is more than 20 percent below the established standard for such
1920 2. For seeds that do not have an established standard, the
1921 minimum germination standard shall be 50 percent, and no such
1922 seed may be sold that is 20 percent below this standard.
1923 (7) (5) For flower seed in packets prepared for use in home
1924 gardens or household plantings or flower seed in preplanted
1925 containers, mats, tapes, or other planting devices: FOR FLOWER
1926 SEED IN PACKETS PREPARED FOR USE IN HOME GARDENS OR HOUSEHOLD
1927 PLANTINGS OR FLOWER SEED IN PREPLANTED CONTAINERS, MATS, TAPES,
1928 OR OTHER PLANTING DEVICES.—
1929 (a) For all kinds of flower seed:
1930 1. The name of the kind and variety or a statement of type
1931 and performance characteristics as prescribed in the rules and
1932 regulations adopted promulgated under the provisions of this
1934 2. Germination test date, identified in the following
1936 a. The calendar month and year the germination test was
1937 completed and the statement “Sell by_ ...(month/year)...”. The
1938 sell by date must be no more than 12 months from the date of
1939 test, beginning with the month after the test date;
1940 b. The year for which the seed was packed for sale as
1941 “Packed for ...(year)...” and the statement “Sell by
1942 ...(year)...” which shall be for a calendar year; or
1943 c. The calendar month and year the test was completed,
1944 provided that the germination test must have been completed
1945 within the previous 12 months, exclusive of the calendar month
1946 of test.
1947 2. The calendar month and year the seed was tested or the
1948 year for which the seed was packaged.
1949 3. The name and address of the person who labeled said
1950 seed, or who sells, offers, or exposes said seed for sale within
1951 this state.
1952 (b) For seed of those kinds for which standard testing
1953 procedures are prescribed and which germinate less than the
1954 germination standard last established under the provisions of
1955 this chapter:
1956 1. The percentage of germination exclusive of hard or
1957 dormant seed.
1958 2. Percentage of hard or dormant seed, if present.
1959 3. The words “Below Standard” prominently displayed in not
1960 less than 8-point type.
1961 (c) For seed placed in a germination medium, mat, tape, or
1962 other device in such a way as to make it difficult to determine
1963 the quantity of seed without removing the seed from the medium,
1964 mat, tape, or device, a statement to indicate the minimum number
1965 of seed in the container.
1966 (8) (6) For flower seed in containers other than packets and
1967 other than preplanted containers, mats, tapes, or other planting
1968 devices and not prepared for use in home flower gardens or
1969 household plantings: FOR FLOWER SEED IN CONTAINERS OTHER THAN
1970 PACKETS PREPARED FOR USE IN HOME FLOWER GARDENS OR HOUSEHOLD
1971 PLANTINGS AND OTHER THAN PREPLANTED CONTAINERS, MATS, TAPES, OR
1972 OTHER PLANTING DEVICES.—
1973 (a) The name of the kind and variety, and for wildflowers,
1974 the genus and species and subspecies, if appropriate or a
1975 statement of type and performance characteristics as prescribed
1976 in rules and regulations promulgated under the provisions of
1977 this chapter.
1978 (b) Net weight or seed count.
1979 (c) (b) The Lot number or other lot identification.
1980 (d) For flower seed with a pure seed percentage of less
1981 than 90 percent:
1982 1. Percentage, by weight, of each component listed in order
1983 of its predominance.
1984 2. Percentage by weight of weed seed, if present.
1985 3. Percentage by weight of other crop seed.
1986 4. Percentage by weight of inert matter.
1987 (e) For those kinds of seed for which standard testing
1988 procedures are prescribed:
1989 1. Percentage germination exclusive of hard or dormant
1991 2. Percentage of hard or dormant seed, if present.
1992 3. (c) The calendar month and year that the test was
1993 completed. The germination test must have been completed within
1994 the previous 9 months, exclusive of the calendar month of test.
1995 (f) For those kinds of seed for which standard testing
1996 procedures are not available, the year of production or
1997 collection seed were tested or the year for which the seed were
1999 (g) (d) The name and address of the person who labeled said
2000 seed or who sells, offers, or exposes said seed for sale within
2001 this state.
2002 (e) For those kinds of seed for which standard testing
2003 procedures are prescribed:
2004 1. The percentage germination exclusive of hard seed.
2005 2. The percentage of hard seed, if present.
2006 (h) (f) For those seed s which germinate less than the
2007 standard last established by the department, the words “Below
2008 Standard” prominently displayed in not less than 8-point type
2009 must be printed or written in ink on the face of the tag.
2010 (9) For tree or shrub seed:
2011 (a) Common name of the species of seed and, if appropriate,
2013 (b) The scientific name of the genus, species, and, if
2014 appropriate, subspecies.
2015 (c) Lot number or other lot identification.
2016 (d) Net weight or seed count.
2017 (e) Origin, indicated in the following manner:
2018 1. For seed collected from a predominantly indigenous
2019 stand, the area of collection given by latitude and longitude or
2020 geographic description, or political subdivision, such as state
2021 or county.
2022 2. For seed collected from other than a predominantly
2023 indigenous stand, the area of collection and the origin of the
2024 stand or the statement “Origin not Indigenous”.
2025 3. The elevation or the upper and lower limits of
2026 elevations within which the seed was collected.
2027 (f) Purity as a percentage of pure seed by weight.
2028 (g) For those species for which standard germination
2029 testing procedures are prescribed by the department:
2030 1. Percentage germination exclusive of hard or dormant
2032 2. Percentage of hard or dormant seed, if present.
2033 3. The calendar month and year test was completed, provided
2034 that the germination test must have been completed within the
2035 previous 12 months, exclusive of the calendar month of test.
2036 (h) In lieu of subparagraphs (g)1., 2., and 3., the seed
2037 may be labeled “Test is in progress; results will be supplied
2038 upon request.”
2039 (i) For those species for which standard germination
2040 testing procedures have not been prescribed by the department,
2041 the calendar year in which the seed was collected.
2042 (j) The name and address of the person who labeled the seed
2043 or who sells, offers, or exposes the seed for sale within this
2045 (7) DEPARTMENT TO PRESCRIBE UNIFORM ANALYSIS TAG.—The
2046 department shall have the authority to prescribe a uniform
2047 analysis tag required by this section.
2049 The information required by this section to be placed on labels
2050 attached to seed containers may not be modified or denied in the
2051 labeling or on another label attached to the container. However,
2052 labeling of seed supplied under a contractual agreement may be
2053 by invoice accompanying the shipment or by an analysis tag
2054 attached to the invoice if each bag or other container is
2055 clearly identified by a lot number displayed on the bag or other
2056 container. Each bag or container that is not so identified must
2057 carry complete labeling.
2058 Section 45. Section 578.091, Florida Statutes, is repealed.
2059 Section 46. Subsections (2) and (3) of section 578.10,
2060 Florida Statutes, are amended to read:
2061 578.10 Exemptions.—
2062 (2) The provisions of ss. 578.09 and 578.13 do not apply
2064 (a) To Seed or grain not intended for sowing or planting
2066 (b) To Seed stored in storage in, consigned to, or being
2067 transported to seed cleaning or processing establishments for
2068 cleaning or processing only. Any labeling or other
2069 representation which may be made with respect to the unclean
2070 seed is shall be subject to this law.
2071 (c) Seed under development or maintained exclusively for
2072 research purposes.
2073 (3) If seeds cannot be identified by examination thereof, a
2074 person is not subject to the criminal penalties of this chapter
2075 for having sold or offered for sale seeds subject to this
2076 chapter which were incorrectly labeled or represented as to
2077 kind, species, and, if appropriate, subspecies, variety, type,
2078 or origin, elevation, and, if required, year of collection
2079 unless he or she has failed to obtain an invoice, genuine
2080 grower’s or tree seed collector’s declaration, or other labeling
2081 information and to take such other precautions as may be
2082 reasonable to ensure the identity of the seeds to be as stated
2083 by the grower. A genuine grower’s declaration of variety must
2084 affirm that the grower holds records of proof of identity
2085 concerning parent seed, such as invoice and labels No person
2086 shall be subject to the criminal penalties of this law for
2087 having sold, offered, exposed, or distributed for sale in this
2088 state any agricultural, vegetable, or forest tree seed which
2089 were incorrectly labeled or represented as to kind and variety
2090 or origin, which seed cannot be identified by examination
2091 thereof, unless she or he has failed to obtain an invoice or
2092 grower’s declaration giving kind and variety and origin.
2093 Section 47. Section 578.11, Florida Statutes, is amended to
2095 578.11 Duties, authority, and rules of the department.—
2096 (1) The duty of administering this law and enforcing its
2097 provisions and requirements shall be vested in the Department of
2098 Agriculture and Consumer Services, which is hereby authorized to
2099 employ such agents and persons as in its judgment shall be
2100 necessary therefor. It shall be the duty of the department,
2101 which may act through its authorized agents, to sample, inspect,
2102 make analyses of, and test agricultural, vegetable, flower, or
2103 forest tree, or shrub seed transported, sold, offered or exposed
2104 for sale, or distributed within this state for sowing or
2105 planting purposes, at such time and place and to such extent as
2106 it may deem necessary to determine whether said agricultural,
2107 vegetable, flower, or forest tree, or shrub seed are in
2108 compliance with the provisions of this law, and to notify
2109 promptly the person who transported, distributed, sold, offered
2110 or exposed the seed for sale, of any violation.
2111 (2) The department is authorized to:
2112 (a) To Enforce this chapter act and prescribe the methods
2113 of sampling, inspecting, testing, and examining agricultural,
2114 vegetable, flower, or forest tree, or shrub seed.
2115 (b) To Establish standards and tolerances to be followed in
2116 the administration of this law, which shall be in general accord
2117 with officially prescribed practices in interstate commerce.
2118 (c) To Prescribe uniform labels.
2119 (d) To Adopt prohibited and restricted noxious weed seed
2121 (e) To Prescribe limitations for each restricted noxious
2122 weed to be used in enforcement of this chapter act and to add or
2123 subtract therefrom from time to time as the need may arise.
2124 (f) To Make commercial tests of seed and to fix and collect
2125 charges for such tests.
2126 (g) To List the kinds of flower, and forest tree, and shrub
2127 seed subject to this law.
2128 (h) To Analyze samples, as requested by a consumer. The
2129 department shall establish, by rule, a fee schedule for
2130 analyzing samples at the request of a consumer. The fees shall
2131 be sufficient to cover the costs to the department for taking
2132 the samples and performing the analysis, not to exceed $150 per
2134 (i) To Adopt rules pursuant to ss. 120.536(1) and 120.54 to
2135 implement the provisions of this chapter act.
2136 (j) To Establish, by rule, requirements governing aircraft
2137 used for the aerial application of seed, including requirements
2138 for recordkeeping, annual aircraft registration, secure storage
2139 when not in use, area-of-application information, and reporting
2140 any sale, lease, purchase, rental, or transfer of such aircraft
2141 to another person.
2142 (3) For the purpose of carrying out the provisions of this
2143 law, the department, through its authorized agents, is
2144 authorized to:
2145 (a) To Enter upon any public or private premises, where
2146 agricultural, vegetable, flower, or forest tree, or shrub seed
2147 is sold, offered, exposed, or distributed for sale during
2148 regular business hours, in order to have access to seed subject
2149 to this law and the rules and regulations hereunder.
2150 (b) To Issue and enforce a stop-sale notice or order to the
2151 owner or custodian of any lot of agricultural, vegetable,
2152 flower, or forest tree, or shrub seed , which the department
2153 finds or has good reason to believe is in violation of any
2154 provisions of this law, which shall prohibit further sale,
2155 barter, exchange, or distribution of such seed until the
2156 department is satisfied that the law has been complied with and
2157 has issued a written release or notice to the owner or custodian
2158 of such seed. After a stop-sale notice or order has been issued
2159 against or attached to any lot of seed and the owner or
2160 custodian of such seed has received confirmation that the seed
2161 does not comply with this law, she or he has shall have 15 days
2162 beyond the normal test period within which to comply with the
2163 law and obtain a written release of the seed. The provisions of
2164 This paragraph may shall not be construed as limiting the right
2165 of the department to proceed as authorized by other sections of
2166 this law.
2167 (c) To Establish and maintain a seed laboratory, employ
2168 seed analysts and other personnel, and incur such other expenses
2169 as may be necessary to comply with these provisions.
2170 Section 48. Section 578.12, Florida Statutes, is amended to
2172 578.12 Stop-sale, stop-use, removal, or hold orders.—When
2173 agricultural, vegetable, flower, or forest tree, or shrub seed
2174 is being offered or exposed for sale or held in violation of any
2175 of the provisions of this chapter, the department, through its
2176 authorized representative, may issue and enforce a stop-sale,
2177 stop-use, removal, or hold order to the owner or custodian of
2178 said seed ordering it to be held at a designated place until the
2179 law has been complied with and said seed is released in writing
2180 by the department or its authorized representative. If seed is
2181 not brought into compliance with this law it shall be destroyed
2182 within 30 days or disposed of by the department in such a manner
2183 as it shall by regulation prescribe.
2184 Section 49. Section 578.13, Florida Statutes, is amended to
2186 578.13 Prohibitions.—
2187 (1) It shall be unlawful for any person to sell, distribute
2188 for sale, offer for sale, expose for sale, handle for sale, or
2189 solicit orders for the purchase of any agricultural, vegetable,
2190 flower, or forest tree, or shrub, seed within this state:
2191 (a) Unless the test to determine the percentage of
2192 germination required by s. 578.09 has shall have been completed
2193 within a period of 7 months, exclusive of the calendar month in
2194 which the test was completed, immediately prior to sale,
2195 exposure for sale, offering for sale, or transportation, except
2196 for a germination test for seed in hermetically sealed
2197 containers which is provided for in s. 578.092 s. 578.28.
2198 (b) Not labeled in accordance with the provisions of this
2199 law, or having false or misleading labeling.
2200 (c) Pertaining to which there has been a false or
2201 misleading advertisement.
2202 (d) Containing noxious weed seeds subject to tolerances and
2203 methods of determination prescribed in the rules and regulations
2204 under this law.
2205 (e) Unless a seed license has been obtained in accordance
2206 with the provisions of this law.
2207 (f) Unless such seed conforms to the definition of a “lot
2208 of seed.”
2209 (2) It shall be unlawful for a any person within this state
2211 (a) To Detach, deface, destroy, or use a second time any
2212 label or tag provided for in this law or in the rules and
2213 regulations made and promulgated hereunder or to alter or
2214 substitute seed in a manner that may defeat the purpose of this
2216 (b) To Disseminate any false or misleading advertisement
2217 concerning agricultural, vegetable, flower, or forest tree ,or
2218 shrub seed in any manner or by any means.
2219 (c) To Hinder or obstruct in any way any authorized person
2220 in the performance of her or his duties under this law.
2221 (d) To Fail to comply with a stop-sale order or to move,
2222 handle, or dispose of any lot of seed, or tags attached to such
2223 seed, held under a “stop-sale” order, except with express
2224 permission of the department and for the purpose specified by
2225 the department or seizure order.
2226 (e) Label, advertise, or otherwise represent seed subject
2227 to this chapter to be certified seed or any class thereof,
2228 including classes such as “registered seed,” “foundation seed,”
2229 “breeder seed” or similar representations, unless:
2230 1. A seed certifying agency determines that such seed
2231 conformed to standards of purity and identify as to the kind,
2232 variety, or species and, if appropriate, subspecies and the seed
2233 certifying agency also determines that tree or shrub seed was
2234 found to be of the origin and elevation claimed, in compliance
2235 with the rules and regulations of such agency pertaining to such
2236 seed; and
2237 2. The seed bears an official label issued for such seed by
2238 a seed certifying agency certifying that the seed is of a
2239 specified class and specified to the kind, variety, or species
2240 and, if appropriate, subspecies.
2241 (f) Label, by variety name, seed not certified by an
2242 official seed-certifying agency when it is a variety for which a
2243 certificate of plant variety protection under the United States
2244 Plant Variety Protection Act, 7 U.S.C. 2321 et. seq., specifies
2245 sale only as a class of certified seed, except that seed from a
2246 certified lot may be labeled as to variety name when used in a
2247 mixture by, or with the written approval of, the owner of the
2248 variety. To sell, distribute for sale, offer for sale, expose
2249 for sale, handle for sale, or solicit orders for the purchase of
2250 any agricultural, vegetable, flower, or forest tree seed labeled
2251 “certified seed,” “registered seed,” “foundation seed,” “breeder
2252 seed,” or similar terms, unless it has been produced and labeled
2253 under seal in compliance with the rules and regulations of any
2254 agency authorized by law.
2255 (g) (f) To Fail to keep a complete record, including a file
2256 sample which shall be retained for 1 year after seed is sold, of
2257 each lot of seed and to make available for inspection such
2258 records to the department or its duly authorized agents.
2259 (h) (g) To Use the name of the Department of Agriculture and
2260 Consumer Services or Florida State Seed Laboratory in connection
2261 with analysis tag, labeling advertisement, or sale of any seed
2262 in any manner whatsoever.
2263 Section 50. Section 578.14, Florida Statutes, is repealed.
2264 Section 51. Subsection (1) of section 578.181, Florida
2265 Statutes, is amended to read:
2266 578.181 Penalties; administrative fine.—
2267 (1) The department may enter an order imposing one or more
2268 of the following penalties against a person who violates this
2269 chapter or the rules adopted under this chapter or who impedes,
2270 obstructs, or hinders, or otherwise attempts to prevent the
2271 department from performing its duty in connection with
2272 performing its duties under this chapter:
2273 (a) For a minor violation, issuance of a warning letter.
2274 (b) For violations other than a minor violation:
2275 1. Imposition of an administrative fine in the Class I
2276 category pursuant to s. 570.971 for each occurrence after the
2277 issuance of a warning letter.
2278 2. (c) Revocation or suspension of the registration as a
2279 seed dealer.
2280 Section 52. Section 578.23, Florida Statutes, is amended to
2282 578.23 Dealers’ Records to be kept available.—Each person
2283 who allows his or her name or brand to appear on the label as
2284 handling agricultural, vegetable, flower, tree, or shrub seeds
2285 subject to this chapter must keep, for 2 years, complete records
2286 of each lot of agricultural, vegetable, flower, tree, or shrub
2287 seed handled, and keep for 1 year after final disposition a file
2288 sample of each lot of seed. All such records and samples
2289 pertaining to the shipment or shipments involved must be
2290 accessible for inspection by the department or its authorized
2291 representative during normal business hours Every seed dealer
2292 shall make and keep for a period of 3 years satisfactory records
2293 of all agricultural, vegetable, flower, or forest tree seed
2294 bought or handled to be sold, which records shall at all times
2295 be made readily available for inspection, examination, or audit
2296 by the department. Such records shall also be maintained by
2297 persons who purchase seed for production of plants for resale.
2298 Section 53. Section 578.26, Florida Statutes, is amended to
2300 578.26 Complaint, investigation, hearings, findings, and
2301 recommendation prerequisite to legal action.—
2302 (1)(a) When any buyer farmer is damaged by the failure of
2303 agricultural, vegetable, flower, or forest tree, or shrub seed
2304 planted in this state to produce or perform as represented by
2305 the labeling of such label attached to the seed as required by
2306 s. 578.09, as a prerequisite to her or his right to maintain a
2307 legal action against the dealer from whom the seed was
2308 purchased, the buyer must farmer shall make a sworn complaint
2309 against the dealer alleging damages sustained. The complaint
2310 shall be filed with the department, and a copy of the complaint
2311 shall be served by the department on the dealer by certified
2312 mail, within such time as to permit inspection of the property,
2313 crops, plants, or trees referenced in, or related to, the
2314 buyer’s complaint by the seed investigation and conciliation
2315 council or its representatives and by the dealer from whom the
2316 seed was purchased.
2317 (b) For types of claims specified in paragraph (a), the
2318 buyer may not commence legal proceedings against the dealer or
2319 assert such a claim as a counterclaim or defense in any action
2320 brought by the dealer until the findings and recommendations of
2321 the seed investigation and conciliation council are transmitted
2322 to the complainant and the dealer.
2323 (c) (b) Language setting forth the requirement for filing
2324 and serving the complaint shall be legibly typed or printed on
2325 the analysis label or be attached to the package containing the
2326 seed at the time of purchase by the buyer farmer.
2327 (d) (c) A nonrefundable filing fee of $100 shall be paid to
2328 the department with each complaint filed. However, the
2329 complainant may recover the filing fee cost from the dealer upon
2330 the recommendation of the seed investigation and conciliation
2332 (2) Within 15 days after receipt of a copy of the
2333 complaint, the dealer shall file with the department her or his
2334 answer to the complaint and serve a copy of the answer on the
2335 buyer farmer by certified mail. Upon receipt of the findings and
2336 recommendation of the arbitration council, the department shall
2337 transmit them to the farmer and to the dealer by certified mail.
2338 (3) The department shall refer the complaint and the answer
2339 thereto to the seed investigation and conciliation council
2340 provided in s. 578.27 for investigation, informal hearing,
2341 findings, and recommendation on the matters complained of.
2342 (a) Each party must shall be allowed to present its side of
2343 the dispute at an informal hearing before the seed investigation
2344 and conciliation council. Attorneys may be present at the
2345 hearing to confer with their clients. However, no attorney may
2346 participate directly in the proceeding.
2347 (b) Hearings, including the deliberations of the seed
2348 investigation and conciliation council, must shall be open to
2349 the public.
2350 (c) Within 30 days after completion of a hearing, the seed
2351 investigation and conciliation council shall transmit its
2352 findings and recommendations to the department. Upon receipt of
2353 the findings and recommendation of the seed investigation and
2354 conciliation council, the department shall transmit them to the
2355 buyer farmer and to the dealer by certified mail.
2356 (4) The department shall provide administrative support for
2357 the seed investigation and conciliation council and shall mail a
2358 copy of the council’s procedures to each party upon receipt of a
2359 complaint by the department.
2360 Section 54. Subsections (1), (2), and (4) of section
2361 578.27, Florida Statutes, are amended to read:
2362 578.27 Seed investigation and conciliation council;
2363 composition; purpose; meetings; duties; expenses.—
2364 (1) The Commissioner of Agriculture shall appoint a seed
2365 investigation and conciliation council composed of seven members
2366 and seven alternate members, one member and one alternate to be
2367 appointed upon the recommendation of each of the following: the
2368 deans of extension and research, Institute of Food and
2369 Agricultural Sciences, University of Florida; president of the
2370 Florida Seed Seedsmen and Garden Supply Association; president
2371 of the Florida Farm Bureau Federation; and the president of the
2372 Florida Fruit and Vegetable Association. The Commissioner of
2373 Agriculture shall appoint a representative and an alternate from
2374 the agriculture industry at large and from the Department of
2375 Agriculture and Consumer Services. Each member shall be
2376 appointed for a term of 4 years or less and shall serve until
2377 his or her successor is appointed Initially, three members and
2378 their alternates shall be appointed for 4-year terms and four
2379 members and their alternates shall be appointed for 2-year
2380 terms. Thereafter, members and alternates shall be appointed for
2381 4-year terms. Each alternate member shall serve only in the
2382 absence of the member for whom she or he is an alternate. A
2383 vacancy shall be filled for the remainder of the unexpired term
2384 in the same manner as the original appointment. The council
2385 shall annually elect a chair from its membership. It shall be
2386 the duty of the chair to conduct all meetings and deliberations
2387 held by the council and to direct all other activities of the
2388 council. The department representative shall serve as secretary
2389 of the council. It shall be the duty of the secretary to keep
2390 accurate and correct records on all meetings and deliberations
2391 and perform other duties for the council as directed by the
2393 (2) The purpose of the seed investigation and conciliation
2394 council is to assist buyers farmers and agricultural seed
2395 dealers in determining the validity of seed complaints made by
2396 buyers farmers against dealers and recommend a settlement, when
2397 appropriate, cost damages resulting from the alleged failure of
2398 the seed to produce or perform as represented by the label of
2399 such on the seed package.
2400 (4)(a) When the department refers to the seed investigation
2401 and conciliation council any complaint made by a buyer farmer
2402 against a dealer, the said council must shall make a full and
2403 complete investigation of the matters complained of and at the
2404 conclusion of the said investigation must shall report its
2405 findings and make its recommendation of cost damages and file
2406 same with the department.
2407 (b) In conducting its investigation, the seed investigation
2408 and conciliation council or any representative, member, or
2409 members thereof are authorized to examine the buyer’s property,
2410 crops, plants, or trees referenced in or relating to the
2411 complaint farmer on her or his farming operation of which she or
2412 he complains and the dealer on her or his packaging, labeling,
2413 and selling operation of the seed alleged to be faulty; to grow
2414 to production a representative sample of the alleged faulty seed
2415 through the facilities of the state, under the supervision of
2416 the department when such action is deemed to be necessary; to
2417 hold informal hearings at a time and place directed by the
2418 department or by the chair of the council upon reasonable notice
2419 to the buyer farmer and the dealer.
2420 (c) Any investigation made by less than the whole
2421 membership of the council must shall be by authority of a
2422 written directive by the department or by the chair, and such
2423 investigation must shall be summarized in writing and considered
2424 by the council in reporting its findings and making its
2426 Section 55. Section 578.28, Florida Statutes, is renumbered
2427 as section 578.092, Florida Statutes, and amended to read:
2428 578.092 578.28 Seed in hermetically sealed containers.—The
2429 period of validity of germination tests is extended to the
2430 following periods for seed packaged in hermetically sealed
2431 containers, under conditions and label requirements set forth in
2432 this section:
2433 (1) GERMINATION TESTS.—The germination test for
2434 agricultural and vegetable seed must shall have been completed
2435 within the following periods, exclusive of the calendar month in
2436 which the test was completed, immediately prior to shipment,
2437 delivery, transportation, or sale:
2438 (a) In the case of agricultural or vegetable seed shipped,
2439 delivered, transported, or sold to a dealer for resale, 18
2441 (b) In the case of agricultural or vegetable seed for sale
2442 or sold at retail, 24 months.
2443 (2) CONDITIONS OF PACKAGING.—The following conditions are
2444 considered as minimum:
2445 (a) Hermetically sealed packages or containers.—A
2446 container, to be acceptable under the provisions of this
2447 section, shall not allow water vapor penetration through any
2448 wall, including the wall seals, greater than 0.05 gram of water
2449 per 24 hours per 100 square inches of surface at 100 °F. with a
2450 relative humidity on one side of 90 percent and on the other of
2451 0 percent. Water vapor penetration (WVP) is measured by the
2452 standards of the National Institute of Standards and Technology
2453 as: gm H2O/24 hr./100 sq. in./100 °F/90 percent RH V. 0 percent
2455 (b) Moisture of seed packaged.—The moisture of agricultural
2456 or vegetable seed subject to the provisions of this section
2457 shall be established by rule of the department.
2458 (3) LABELING REQUIRED.—In addition to the labeling required
2459 by s. 578.09, seed packaged under the provisions of this section
2460 shall be labeled with the following information:
2461 (a) Seed has been preconditioned as to moisture content.
2462 (b) Container is hermetically sealed.
2463 (c) “Germination test valid until (month, year)” may be
2464 used. (Not to exceed 24 months from date of test).
2465 Section 56. Section 578.29, Florida Statutes, is created to
2467 578.29 Prohibited noxious weed seed.—Seeds meeting the
2468 definition of prohibited noxious weed seed under s. 578.011, may
2469 not be present in agricultural, vegetable, flower, tree, or
2470 shrub seed offered or exposed for sale in this state.
2471 Section 57. Subsection (1) of section 590.02, Florida
2472 Statutes, is amended to read:
2473 590.02 Florida Forest Service; powers, authority, and
2474 duties; liability; building structures; Withlacoochee Training
2476 (1) The Florida Forest Service has the following powers,
2477 authority, and duties to:
2478 (a) To Enforce the provisions of this chapter;
2479 (b) To Prevent, detect, and suppress wildfires wherever
2480 they may occur on public or private land in this state and to do
2481 all things necessary in the exercise of such powers, authority,
2482 and duties;
2483 (c) To Provide firefighting crews, who shall be under the
2484 control and direction of the Florida Forest Service and its
2485 designated agents;
2486 (d) To Appoint center managers, forest area supervisors,
2487 forestry program administrators, a forest protection bureau
2488 chief, a forest protection assistant bureau chief, a field
2489 operations bureau chief, deputy chiefs of field operations,
2490 district managers, forest operations administrators, senior
2491 forest rangers, investigators, forest rangers, firefighter
2492 rotorcraft pilots, and other employees who may, at the Florida
2493 Forest Service’s discretion, be certified as forestry
2494 firefighters pursuant to s. 633.408(8). Other law
2495 notwithstanding, center managers, district managers, forest
2496 protection assistant bureau chief, and deputy chiefs of field
2497 operations have shall have Selected Exempt Service status in the
2498 state personnel designation;
2499 (e) To Develop a training curriculum for forestry
2500 firefighters which must contain the basic volunteer structural
2501 fire training course approved by the Florida State Fire College
2502 of the Division of State Fire Marshal and a minimum of 250 hours
2503 of wildfire training;
2504 (f) Pay the cost of the initial commercial driver license
2505 examination fee for those employees whose position requires them
2506 to operate equipment requiring a license. This paragraph is
2507 intended to be an authorization to the department to pay such
2508 costs, not an obligation To make rules to accomplish the
2509 purposes of this chapter;
2510 (g) To Provide fire management services and emergency
2511 response assistance and to set and charge reasonable fees for
2512 performance of those services. Moneys collected from such fees
2513 shall be deposited into the Incidental Trust Fund of the Florida
2514 Forest Service;
2515 (h) To Require all state, regional, and local government
2516 agencies operating aircraft in the vicinity of an ongoing
2517 wildfire to operate in compliance with the applicable state
2518 Wildfire Aviation Plan; and
2519 (i) To Authorize broadcast burning, prescribed burning,
2520 pile burning, and land clearing debris burning to carry out the
2521 duties of this chapter and the rules adopted thereunder; and
2522 (j) Make rules to accomplish the purposes of this chapter.
2523 Section 58. Subsection (9) of section 790.06, Florida
2524 Statutes, are amended to read:
2525 790.06 License to carry concealed weapon or firearm.—
2526 (9) In the event that a concealed weapon or firearm license
2527 is lost or destroyed, the license shall be automatically
2528 invalid, and the person to whom the same was issued may, upon
2529 payment of $15 to the Department of Agriculture and Consumer
2530 Services, obtain a duplicate, or substitute thereof, upon
2531 furnishing a notarized statement under oath to the Department of
2532 Agriculture and Consumer Services that such license has been
2533 lost or destroyed.
2534 Section 59. Subsections (5) and (8) of section 790.0625,
2535 Florida Statutes, are amended, and sections (9) and (10) are
2536 added to that section, to read:
2537 790.0625 Appointment of tax collectors to accept
2538 applications for a concealed weapon or firearm license; fees;
2540 (5) A tax collector appointed under this section shall
2541 collect and remit weekly to the department the license fees
2542 pursuant to s. 790.06 for deposit in the Division of Licensing
2543 Trust Fund and may collect and retain a convenience fees for the
2544 following: fee of $22 for each new application and $12 for each
2545 renewal application a nd sh all remit weekly to the department the
2546 license fees pursuant to s. 790.06 for deposit in the Division
2547 of Licensing Trust Fund.
2548 (a) Twenty-two dollars for each new application.
2549 (b) Twelve dollars for each renewal application.
2550 (c) Twelve dollars for each duplicate license issued to
2551 replace a lost or destroyed license.
2552 (d) Six dollars for fingerprinting.
2553 (e) Six dollars for photographing services associated with
2554 the completion of an application submitted online.
2555 (8) Upon receipt of a completed renewal application, a new
2556 color photograph, and appropriate payment of required fees, a
2557 tax collector authorized to accept renewal applications for
2558 concealed weapon or firearm licenses under this section may,
2559 upon approval and confirmation of license issuance by the
2560 department, print and deliver a concealed weapon or firearm
2561 license to a licensee renewing his or her license at the tax
2562 collector’s office.
2563 (9) Upon receipt of a statement under oath to the
2564 department, and the payment of required fees, a tax collector
2565 authorized to accept applications for concealed weapon or
2566 firearm licenses under this section may, upon approval and
2567 confirmation from the department that a license is in good
2568 standing, print and deliver a concealed weapon or firearm
2569 license to a licensee whose license has been lost or destroyed.
2570 (10) Tax collectors authorized to accept applications for
2571 concealed weapon or firearm licenses under this section may
2572 provide fingerprinting and photographing services to aid
2573 concealed weapon and firearm applicants and licensees with
2574 online initial and renewal applications.
2575 Section 60. Section 817.417, Florida Statutes, is created
2576 to read:
2577 817.417 Government Impostor and Deceptive Advertisement
2579 (1) SHORT TITLE.—This act may be cited as the “Government
2580 Impostor and Deceptive Advertisements Act.”
2581 (2) DEFINITIONS.—As used in this section:
2582 (a) “Advertisement” means any representation disseminated
2583 in any manner or by any means, other than by a label, for the
2584 purpose of inducing, or which is reasonably likely to induce,
2585 directly or indirectly, a purchase.
2586 (b) “Department” means the Department of Agriculture and
2587 Consumer Services.
2588 (c) “Governmental entity” means a political subdivision or
2589 agency of any state, possession, or territory of the United
2590 States, or the Federal Government, including, but not limited
2591 to, a board, a department, an office, an agency, a military
2592 veteran entity, or a military or veteran service organization by
2593 whatever name known.
2594 (3) DUTIES AND RESPONSIBILITIES.—The department has the
2595 duty and responsibility to:
2596 (a) Investigate potential violations of this section.
2597 (b) Request and obtain information regarding potential
2598 violations of this section.
2599 (c) Seek compliance with this section.
2600 (d) Enforce this section.
2601 (e) Adopt rules necessary to administer this section.
2602 (4) VIOLATIONS.—Each occurrence of the following acts or
2603 practices constitute a violation of this section:
2604 (a) Disseminating an advertisement that:
2605 1. Simulates a summons, complaint, jury notice, or other
2606 court, judicial, or administrative process of any kind.
2607 2. Represents, implies, or otherwise engages in an action
2608 that may reasonably cause confusion that the person using or
2609 employing the advertisement is a part of or associated with a
2610 governmental entity, when such is not true.
2611 (b) Representing, implying, or otherwise reasonably causing
2612 confusion that goods, services, an advertisement, or an offer
2613 was disseminated by or has been approved, authorized, or
2614 endorsed, in whole or in part, by a governmental entity, when
2615 such is not true.
2616 (c) Using or employing language, symbols, logos,
2617 representations, statements, titles, names, seals, emblems,
2618 insignia, trade or brand names, business or control tracking
2619 numbers, website or e-mail addresses, or any other term, symbol,
2620 or other content that represents or implies or otherwise
2621 reasonably causes confusion that goods, services, an
2622 advertisement, or an offer is from a governmental entity, when
2623 such is not true.
2624 (d) Failing to provide the disclosures as required in
2625 subsections (5) or (6).
2626 (e) Failing to timely submit to the department written
2627 responses and answers to its inquiries concerning alleged
2628 practices inconsistent with, or in violation of, this section.
2629 Responses or answers may include, but are not limited to, copies
2630 of customer lists, invoices, receipts, or other business
2632 (5) NOTICE REGARDING DOCUMENT AVAILABILITY.—
2633 (a) Any person offering documents that are available free
2634 of charge or at a lesser price from a governmental entity must
2635 provide the notice specified in paragraph (b) on advertisements
2636 as follows:
2637 1. For printed or written advertisements, notice must be in
2638 the same font size, color, style, and visibility as primarily
2639 used elsewhere on the page or envelope and displayed as follows:
2640 a. On the outside front of any mailing envelope used in
2641 disseminating the advertisement.
2642 b. At the top of each printed or written page used in the
2644 2. For electronic advertisements, notice must be in the
2645 same font size, color, style, and visibility as the body text
2646 primarily used in the e-mail or web page and displayed as
2648 a. At the beginning of each e-mail message, before any
2649 offer or other substantive information.
2650 b. In a prominent location on each web page, such as the
2651 top of each page or immediately following the offer or other
2652 substantive information on the page.
2653 (b) Advertisements specified in paragraph (a) must include
2654 the following disclosure:
2656 “IMPORTANT NOTICE:
2658 The documents offered by this advertisement are available to
2659 Florida consumers free of charge or for a lesser price from
2660 ...(insert name, telephone number, and mailing address of the
2661 applicable governmental entity).... You are NOT required to
2662 purchase anything from this company and the company is NOT
2663 affiliated, endorsed, or approved by any governmental entity.
2664 The item offered in this advertisement has NOT been approved or
2665 endorsed by any governmental agency, and this offer is NOT being
2666 made by an agency of the government.”
2668 (6) NOTICE REGARDING CLAIM OF LEGAL COMPLIANCE.—
2669 (a) Any person disseminating an advertisement that includes
2670 a form or template to be completed by the consumer with the
2671 claim that such form or template will assist the consumer in
2672 complying with a legal filing or record retention requirement
2673 must provide the notice specified in paragraph (b) on
2674 advertisements as follows:
2675 1. For printed or written advertisements, the notice must
2676 be in the same font size, color, style, and visibility as
2677 primarily used elsewhere on the page or envelope and displayed
2678 as follows:
2679 a. On the outside front of any mailing envelope used in
2680 disseminating the advertisement.
2681 b. At the top of each printed or written page used in the
2683 2. For electronic advertisements, the notice must be in the
2684 same font size, color, style, and visibility as the body text
2685 primarily used in the e-mail or web page and displayed as
2687 a. At the beginning of each e-mail message, before any
2688 offer or other substantive information.
2689 b. In a prominent location on each web page, such as the
2690 top of each page or immediately following the offer or other
2691 substantive information on the page.
2692 (b) Advertisements specified in paragraph (a) must include
2693 the following disclosure:
2695 “IMPORTANT NOTICE:
2697 You are NOT required to purchase anything from this company and
2698 the company is NOT affiliated, endorsed, or approved by any
2699 governmental entity. The item offered in this advertisement has
2700 NOT been approved or endorsed by any governmental agency, and
2701 this offer is NOT being made by an agency of the government.”
2703 (7) PENALTIES.—
2704 (a) Any person substantially affected by a violation of
2705 this section may bring an action in a court of proper
2706 jurisdiction to enforce the provisions of this section. A person
2707 prevailing in a civil action for a violation of this section
2708 shall be awarded costs, including reasonable attorney fees, and
2709 may be awarded punitive damages in addition to actual damages
2710 proven. This provision is in addition to any other remedies
2711 prescribed by law.
2712 (b) The department may bring one or more of the following
2713 for a violation of this section:
2714 1. A civil action in circuit court for:
2715 a. Temporary or permanent injunctive relief to enforce this
2717 b. For printed advertisements and e-mail, a fine of up to
2718 $1,000 for each separately addressed advertisement or message
2719 containing content in violation of paragraphs (4)(a)-(d)
2720 received by or addressed to a state resident.
2721 c. For websites, a fine of up to $5,000 for each day a
2722 website, with content in violation of paragraphs (4)(a)-(d), is
2723 published and made available to the general public.
2724 d. For violations of paragraph (4)(e), a fine of up to
2725 $5,000 for each violation.
2726 e. Recovery of restitution and damages on behalf of persons
2727 substantially affected by a violation of this section.
2728 f. The recovery of court costs and reasonable attorney
2730 2. An action for an administrative fine in the Class III
2731 category pursuant to s. 570.971 for each act or omission which
2732 constitutes a violation under this section.
2733 (c) The department may terminate any investigation or
2734 action upon agreement by the alleged offender to pay a
2735 stipulated fine, make restitution, pay damages to customers, or
2736 satisfy any other relief authorized by this section.
2737 (d) In addition to any remedies or penalties set forth in
2738 this section, any person who violates paragraphs (4) (a)-(d)
2739 also commits an unfair or deceptive trade practice in violation
2740 of part II of chapter 501 and is subject to the penalties and
2741 remedies imposed for such violation.
2742 Section 61. Paragraph (m) of subsection (3) of section
2743 489.105, Florida Statutes, is amended to read:
2744 489.105 Definitions.—As used in this part:
2745 (3) “Contractor” means the person who is qualified for, and
2746 is only responsible for, the project contracted for and means,
2747 except as exempted in this part, the person who, for
2748 compensation, undertakes to, submits a bid to, or does himself
2749 or herself or by others construct, repair, alter, remodel, add
2750 to, demolish, subtract from, or improve any building or
2751 structure, including related improvements to real estate, for
2752 others or for resale to others; and whose job scope is
2753 substantially similar to the job scope described in one of the
2754 paragraphs of this subsection. For the purposes of regulation
2755 under this part, the term “demolish” applies only to demolition
2756 of steel tanks more than 50 feet in height; towers more than 50
2757 feet in height; other structures more than 50 feet in height;
2758 and all buildings or residences. Contractors are subdivided into
2759 two divisions, Division I, consisting of those contractors
2760 defined in paragraphs (a)-(c), and Division II, consisting of
2761 those contractors defined in paragraphs (d)-(q):
2762 (m) “Plumbing contractor” means a contractor whose services
2763 are unlimited in the plumbing trade and includes contracting
2764 business consisting of the execution of contracts requiring the
2765 experience, financial means, knowledge, and skill to install,
2766 maintain, repair, alter, extend, or, if not prohibited by law,
2767 design plumbing. A plumbing contractor may install, maintain,
2768 repair, alter, extend, or, if not prohibited by law, design the
2769 following without obtaining an additional local regulatory
2770 license, certificate, or registration: sanitary drainage or
2771 storm drainage facilities, water and sewer plants and
2772 substations, venting systems, public or private water supply
2773 systems, septic tanks, drainage and supply wells, swimming pool
2774 piping, irrigation systems, and solar heating water systems and
2775 all appurtenances, apparatus, or equipment used in connection
2776 therewith, including boilers and pressure process piping and
2777 including the installation of water, natural gas, liquefied
2778 petroleum gas and related venting, and storm and sanitary sewer
2779 lines. The scope of work of the plumbing contractor also
2780 includes the design, if not prohibited by law, and installation,
2781 maintenance, repair, alteration, or extension of air-piping,
2782 vacuum line piping, oxygen line piping, nitrous oxide piping,
2783 and all related medical gas systems; fire line standpipes and
2784 fire sprinklers if authorized by law; ink and chemical lines;
2785 fuel oil and gasoline piping and tank and pump installation,
2786 except bulk storage plants; and pneumatic control piping
2787 systems, all in a manner that complies with all plans,
2788 specifications, codes, laws, and regulations applicable. The
2789 scope of work of the plumbing contractor applies to private
2790 property and public property, including any excavation work
2791 incidental thereto, and includes the work of the specialty
2792 plumbing contractor. Such contractor shall subcontract, with a
2793 qualified contractor in the field concerned, all other work
2794 incidental to the work but which is specified as being the work
2795 of a trade other than that of a plumbing contractor. This
2796 definition does not limit the scope of work of any specialty
2797 contractor certified pursuant to s. 489.113(6) and does not
2798 require certification or registration under this part as a
2799 category I liquefied petroleum gas dealer, or category V LP gas
2800 installer, as defined in s. 527.01, or specialty installer who
2801 is licensed under chapter 527 or an authorized employee of a
2802 public natural gas utility or of a private natural gas utility
2803 regulated by the Public Service Commission when disconnecting
2804 and reconnecting water lines in the servicing or replacement of
2805 an existing water heater. A plumbing contractor may perform
2806 drain cleaning and clearing and install or repair rainwater
2807 catchment systems; however, a mandatory licensing requirement is
2808 not established for the performance of these specific services.
2809 Section 62. Subsection (3) of section 527.06, Florida
2810 Statutes, is reenacted to read:
2811 527.06 Rules.—
2812 (3) Rules in substantial conformity with the published
2813 standards of the National Fire Protection Association (NFPA) are
2814 deemed to be in substantial conformity with the generally
2815 accepted standards of safety concerning the same subject matter.
2816 Section 63. This act shall take effect July 1, 2018.
2818 ================= T I T L E A M E N D M E N T ================
2819 And the title is amended as follows:
2820 Delete everything before the enacting clause
2821 and insert:
2822 A bill to be entitled
2823 An act relating to the Department of Agriculture and
2824 Consumer Services; amending s. 193.461, F.S.;
2825 specifying a methodology for the assessment of certain
2826 structures used in citrus production; amending s.
2827 379.361, F.S.; transferring authority to issue
2828 licenses for oyster harvesting in Apalachicola Bay
2829 from the department to the City of Apalachicola;
2830 revising the disposition and permitted uses of license
2831 proceeds; amending s. 487.041, F.S.; deleting obsolete
2832 provisions; deleting a requirement that all pesticide
2833 registration fees be submitted electronically;
2834 amending s. 493.6105, F.S.; revising the submission
2835 requirements for a Class “K” firearm license
2836 application; amending s. 493.6113, F.S.; revising
2837 submission requirements for a Class “K” firearm
2838 license renewal; amending s. 496.415, F.S.;
2839 prohibiting the comingling of funds in connection with
2840 the planning, conduct, or execution of any
2841 solicitation or charitable or sponsor sales promotion;
2842 amending s. 496.418, F.S.; revising recordkeeping and
2843 accounting requirements for solicitations of funds;
2844 specifying a rebuttable presumption under certain
2845 circumstances; amending s. 500.459, F.S.; revising
2846 permitting requirements and operating standards for
2847 water vending machines; amending s. 501.059, F.S.;
2848 revising the term “telephonic sales call” to include
2849 voicemail transmissions; defining the term “voicemail
2850 transmission”; prohibiting the transmission of
2851 voicemails to specified persons who communicate to a
2852 telephone solicitor that they would not like to
2853 receive certain voicemail solicitations or requests
2854 for donations; requiring a solicitor to ensure that if
2855 a telephone number is available through a caller
2856 identification system, that telephone number must be
2857 capable of receiving calls and must connect the
2858 original call recipient to the solicitor; revising
2859 civil penalties; creating s. 501.6175, F.S.;
2860 specifying recordkeeping requirements for commercial
2861 telephone sellers; amending s. 501.912, F.S.; revising
2862 terms; amending s. 501.913, F.S.; authorizing
2863 antifreeze brands to be registered for a specified
2864 period; deleting a provision relating to the
2865 registration of brands that are no longer in
2866 production; specifying a certified report requirement
2867 for first-time applications; amending s. 501.917,
2868 F.S.; revising department sampling and analysis
2869 requirements for antifreeze; specifying that the
2870 certificate of analysis is prima facie evidence of the
2871 facts stated therein; amending s. 501.92, F.S.;
2872 revising when the department may require an antifreeze
2873 formula for analysis; amending s. 525.07, F.S.;
2874 authorizing the department to seize skimming devices
2875 without a warrant; amending s. 526.304, F.S.;
2876 authorizing the department to temporarily suspend
2877 enforcement, for specified purposes during states of
2878 emergency, of certain provisions relating to predatory
2879 practices in the retail sale of motor fuel; amending
2880 s. 526.305, F.S.; authorizing the department to
2881 temporarily suspend enforcement, for specified
2882 purposes during states of emergency, of certain
2883 provisions relating to discriminatory practices in
2884 sale of motor fuel; amending s. 526.51, F.S.; revising
2885 application requirements and fees for brake fluid
2886 brands; deleting a provision relating to the
2887 registration of brands that are no longer in
2888 production; amending s. 526.53, F.S.; revising
2889 department sampling and analysis requirements for
2890 brake fluid; specifying that the certificate of
2891 analysis is prima facie evidence of the facts stated
2892 therein; amending s. 527.01, F.S.; revising terms;
2893 amending s. 527.02, F.S.; revising the persons subject
2894 to liquefied petroleum business licensing provisions;
2895 revising such licensing fees and requirements;
2896 revising reporting and fee requirements for certain
2897 material changes to license information; deleting a
2898 provision authorizing license transfers; amending s.
2899 527.0201, F.S.; revising the persons subject to
2900 liquefied petroleum qualifier competency examination,
2901 registry, supervisory, and employment requirements;
2902 revising the expiration of qualifier registrations;
2903 revising the persons subject to master qualifier
2904 requirements; revising master qualifier application
2905 requirements; deleting provisions specifying that a
2906 failure to replace master qualifiers within certain
2907 periods constitutes grounds for license revocation;
2908 deleting a provision relating to facsimile
2909 transmission of duplicate licenses; amending s.
2910 527.021, F.S.; revising the circumstances under which
2911 liquefied petroleum gas bulk delivery vehicles must be
2912 registered with the department; amending s. 527.03,
2913 F.S.; authorizing certain liquefied petroleum gas
2914 registrations to be renewed for 2 or 3 years; deleting
2915 certain renewal period requirements; amending s.
2916 527.04, F.S.; revising the persons required to provide
2917 the department with proof of insurance; revising the
2918 required payee for a bond in lieu of such insurance;
2919 amending s. 527.0605, F.S.; deleting provisions
2920 requiring licensees to submit a site plan and review
2921 fee for liquefied petroleum bulk storage container
2922 locations; amending s. 527.065, F.S.; revising the
2923 circumstances under which a liquefied petroleum gas
2924 licensee must notify the department of an accident;
2925 amending s. 527.067, F.S.; requiring certain liquefied
2926 petroleum gas dealers to provide notice within a
2927 specified period before rendering a consumer’s
2928 liquefied petroleum gas equipment or system inoperable
2929 or discontinuing service; providing an exception;
2930 amending ss. 527.10 and 527.21, F.S.; conforming
2931 provisions to changes made by the act; amending s.
2932 527.22, F.S.; deleting an obsolete provision; amending
2933 s. 531.67, F.S.; extending the expiration date of
2934 certain provisions relating to permits for
2935 commercially operated or tested weights or measures
2936 instruments or devices; amending s. 534.47, F.S.;
2937 revising and providing definitions; amending s.
2938 534.49, F.S.; conforming provisions to changes made by
2939 the act; repealing s. 534.50, F.S., relating to
2940 reporting and notice requirements for dishonored
2941 checks and drafts for payment of livestock purchases;
2942 amending s. 534.501, F.S.; providing that delaying or
2943 failing to make payment for certain livestock is an
2944 unfair and deceptive act; repealing s. 534.51, F.S.,
2945 relating to the prohibition of the filing of
2946 complaints by certain livestock markets; amending s.
2947 534.54, F.S.; providing that purchasers who delay or
2948 fail to render payment for purchased livestock are
2949 liable for certain fees, costs, and expenses;
2950 conforming provisions to changes made by the act;
2951 amending s. 570.07, F.S.; authorizing the department
2952 to waive certain fees during a state of emergency;
2953 amending s. 573.111, F.S.; revising the required
2954 posting location for the issuance of an agricultural
2955 commodity marketing order; amending s. 578.011, F.S.;
2956 revising and defining terms; creating s. 578.012,
2957 F.S.; providing legislative intent; creating a
2958 preemption of local law relating to regulation of
2959 seed; amending s. 578.08, F.S.; revising application
2960 requirements for the registration of seed dealers;
2961 conforming provisions to changes made by the act;
2962 specifying that a receipt from the department need not
2963 be written to constitute a permit; deleting an
2964 exception to registration requirements for certain
2965 experiment stations; requiring the payment of fees
2966 when packet seed is placed into commerce; amending s.
2967 578.09, F.S.; revising labeling requirements for
2968 agricultural, vegetable, flower, tree, and shrub
2969 seeds; conforming a cross-reference; repealing s.
2970 578.091, F.S., relating to labeling of forest tree
2971 seed; amending s. 578.10, F.S.; revising exemptions to
2972 seed labeling, sale, and solicitation requirements;
2973 amending s. 578.11, F.S.; conforming provisions to
2974 changes made by the act; making technical changes;
2975 amending s. 578.12, F.S.; conforming provisions to
2976 changes made by the act; amending s. 578.13, F.S.;
2977 conforming provisions to changes made by the act;
2978 specifying that it is unlawful to move, handle, or
2979 dispose of seeds or tags under a stop-sale notice or
2980 order without permission from the department;
2981 specifying that it is unlawful to represent seed as
2982 certified except under specified conditions or to
2983 label seed with a variety name under certain
2984 conditions; repealing s. 578.14, F.S., relating to
2985 packet vegetable and flower seed; amending s. 578.181,
2986 F.S.; revising penalties; amending s. 578.23, F.S.;
2987 revising recordkeeping requirements relating to seed
2988 labeling; amending s. 578.26, F.S.; conforming
2989 provisions to changes made by the act; specifying that
2990 certain persons may not commence legal proceedings or
2991 make certain claims against a seed dealer before
2992 certain findings and recommendations are transmitted
2993 by the seed investigation and conciliation council to
2994 the complainant and dealer; deleting a requirement
2995 that the department transmit such findings and
2996 recommendations to complainants and dealers; requiring
2997 the department to mail a copy of the council’s
2998 procedures to both parties upon receipt of a
2999 complaint; amending s. 578.27, F.S.; removing
3000 alternate membership from the seed investigation and
3001 conciliation council; revising the terms of members of
3002 the council; conforming provisions to changes made by
3003 the act; revising the purpose of the council; revising
3004 the council’s investigatory process; renumbering and
3005 amending s. 578.28, F.S.; making a technical change;
3006 creating s. 578.29, F.S.; prohibiting certain noxious
3007 weed seed from being offered or exposed for sale;
3008 amending s. 590.02, F.S.; authorizing the Florida
3009 Forest Service to pay certain employees’ initial
3010 commercial driver license examination fees; amending
3011 s. 790.06, F.S.; revising the required furnished
3012 statement to obtain a duplicate or substitute
3013 concealed weapon or firearm license; amending s.
3014 790.0625, F.S.; revising required tax collector
3015 collection and remittance of firearm license fees;
3016 revising the fees which a tax collector may retain;
3017 authorizing certain tax collectors to print and
3018 deliver certain replacement licenses under certain
3019 conditions; authorizing certain tax collectors to
3020 offer fingerprinting and photographing services to aid
3021 license applicants; creating s. 817.417, F.S.;
3022 providing a short title; defining terms; specifying
3023 department duties and responsibilities relating to
3024 government impostor and deceptive advertisements;
3025 requiring rulemaking by the department; specifying
3026 that it is a violation to disseminate certain
3027 misleading or confusing advertisements, to make
3028 certain misleading or confusing representations, to
3029 use content implying or leading to confusion that such
3030 content is from a governmental entity when such is not
3031 true, to fail to provide certain disclosures, and to
3032 fail to provide certain responses and answers to the
3033 department; requiring a person offering documents that
3034 are available free of charge or at a lesser price from
3035 a governmental entity to provide a certain disclosure;
3036 providing penalties; amending s. 489.105, F.S.;
3037 conforming provisions to changes made by the act;
3038 reenacting s. 527.06(3), F.S., relating to published
3039 standards of the National Fire Protection Association;
3040 providing an effective date.