Florida Senate - 2018 CS for CS for SB 740
By the Committees on Appropriations; and Agriculture; and
1 A bill to be entitled
2 An act relating to the Department of Agriculture and
3 Consumer Services; amending s. 193.461, F.S.;
4 specifying the methodology for the assessment of
5 certain structures in horticultural production;
6 specifying, subject to certain conditions, that land
7 classified as agricultural remains classified as such
8 for a specified period if such lands are damaged by
9 certain natural disasters and agricultural production
10 is halted or reduced; providing for retroactive
11 application; creating s. 252.3569, F.S.; providing a
12 legislative finding; establishing a state agricultural
13 response team within the department; specifying the
14 duties of the team; amending s. 316.565, F.S.;
15 revising the Governor’s authority, to include
16 agricultural products instead of only perishable food,
17 in declaring an emergency relating to the transport of
18 such products when there is a breakdown in the normal
19 public transportation facilities necessary to move
20 such products; authorizing the Department of
21 Transportation to issue, and specifying that certain
22 law enforcement officers must accept, electronic
23 verification of permits during a declared state of
24 emergency; providing that such permits are valid for
25 up to a specified period, but no longer than the
26 duration of the declared state of emergency or any
27 extension thereof; requiring the Department of
28 Transportation to consult with the Department of
29 Agriculture and Consumer Services and stakeholders in
30 the agricultural industry in implementing emergency
31 transportation assistance for agricultural products;
32 amending s. 379.361, F.S.; transferring authority to
33 issue licenses for oyster harvesting in Apalachicola
34 Bay from the department to the City of Apalachicola;
35 revising the disposition and permitted uses of license
36 proceeds; amending s. 487.041, F.S.; deleting obsolete
37 provisions; deleting a requirement that all pesticide
38 registration fees be submitted electronically;
39 amending s. 496.415, F.S.; prohibiting the comingling
40 of funds in connection with the planning, conduct, or
41 execution of any solicitation or charitable or sponsor
42 sales promotion; amending s. 496.418, F.S.; revising
43 recordkeeping and accounting requirements for
44 solicitations of funds; specifying a rebuttable
45 presumption under certain circumstances; amending s.
46 500.459, F.S.; revising permitting requirements and
47 operating standards for water vending machines;
48 amending s. 501.059, F.S.; revising the term
49 “telephonic sales call” to include voicemail
50 transmissions; defining the term “voicemail
51 transmission”; prohibiting the transmission of
52 voicemails to specified persons who communicate to a
53 telephone solicitor that they would not like to
54 receive certain voicemail solicitations or requests
55 for donations; requiring a solicitor to ensure that if
56 a telephone number is available through a caller
57 identification system, that telephone number must be
58 capable of receiving calls and must connect the
59 original call recipient to the solicitor; revising
60 civil penalties; creating s. 501.6175, F.S.;
61 specifying recordkeeping requirements for commercial
62 telephone sellers; amending s. 501.912, F.S.; revising
63 terms; amending s. 501.913, F.S.; authorizing
64 antifreeze brands to be registered for a specified
65 period; deleting a provision relating to the
66 registration of brands that are no longer in
67 production; specifying a certified report requirement
68 for first-time applications; amending s. 501.917,
69 F.S.; revising department sampling and analysis
70 requirements for antifreeze; specifying that the
71 certificate of analysis is prima facie evidence of the
72 facts stated therein; amending s. 501.92, F.S.;
73 revising when the department may require an antifreeze
74 formula for analysis; amending s. 525.07, F.S.;
75 authorizing the department to seize skimming devices
76 without a warrant; amending s. 526.304, F.S.;
77 authorizing the department to temporarily suspend
78 enforcement, for specified purposes during states of
79 emergency, of certain provisions relating to predatory
80 practices in the retail sale of motor fuel; amending
81 s. 526.305, F.S.; authorizing the department to
82 temporarily suspend enforcement, for specified
83 purposes during states of emergency, of certain
84 provisions relating to discriminatory practices in
85 sale of motor fuel; amending s. 526.51, F.S.; revising
86 application requirements and fees for brake fluid
87 brands; deleting a provision relating to the
88 registration of brands that are no longer in
89 production; amending s. 526.53, F.S.; revising
90 department sampling and analysis requirements for
91 brake fluid; specifying that the certificate of
92 analysis is prima facie evidence of the facts stated
93 therein; amending s. 527.01, F.S.; revising terms;
94 amending s. 527.02, F.S.; revising the persons subject
95 to liquefied petroleum business licensing provisions;
96 revising such licensing fees and requirements;
97 revising reporting and fee requirements for certain
98 material changes to license information; deleting a
99 provision authorizing license transfers; amending s.
100 527.0201, F.S.; revising the persons subject to
101 liquefied petroleum qualifier competency examination,
102 registry, supervisory, and employment requirements;
103 revising the expiration of qualifier registrations;
104 revising the persons subject to master qualifier
105 requirements; revising master qualifier application
106 requirements; deleting provisions specifying that a
107 failure to replace master qualifiers within certain
108 periods constitutes grounds for license revocation;
109 deleting a provision relating to facsimile
110 transmission of duplicate licenses; amending s.
111 527.021, F.S.; revising the circumstances under which
112 liquefied petroleum gas bulk delivery vehicles must be
113 registered with the department; amending s. 527.03,
114 F.S.; authorizing certain liquefied petroleum gas
115 registrations to be renewed for 2 or 3 years; deleting
116 certain renewal period requirements; amending s.
117 527.04, F.S.; revising the persons required to provide
118 the department with proof of insurance; revising the
119 required payee for a bond in lieu of such insurance;
120 amending s. 527.0605, F.S.; deleting provisions
121 requiring licensees to submit a site plan and review
122 fee for liquefied petroleum bulk storage container
123 locations; amending s. 527.065, F.S.; revising the
124 circumstances under which a liquefied petroleum gas
125 licensee must notify the department of an accident;
126 amending s. 527.067, F.S.; requiring certain liquefied
127 petroleum gas dealers to provide notice within a
128 specified period before rendering a consumer’s
129 liquefied petroleum gas equipment or system inoperable
130 or discontinuing service; providing an exception;
131 amending ss. 527.10 and 527.21, F.S.; conforming
132 provisions to changes made by the act; amending s.
133 527.22, F.S.; deleting an obsolete provision; amending
134 s. 531.67, F.S.; extending the expiration date of
135 certain provisions relating to permits for
136 commercially operated or tested weights or measures
137 instruments or devices; amending s. 534.47, F.S.;
138 revising and providing definitions; amending s.
139 534.49, F.S.; conforming provisions to changes made by
140 the act; repealing s. 534.50, F.S., relating to
141 reporting and notice requirements for dishonored
142 checks and drafts for payment of livestock purchases;
143 amending s. 534.501, F.S.; providing that delaying or
144 failing to make payment for certain livestock is an
145 unfair and deceptive act; repealing s. 534.51, F.S.,
146 relating to the prohibition of the filing of
147 complaints by certain livestock markets; amending s.
148 534.54, F.S.; providing that purchasers who delay or
149 fail to render payment for purchased livestock are
150 liable for certain fees, costs, and expenses;
151 conforming provisions to changes made by the act;
152 amending s. 570.07, F.S.; authorizing the department
153 to waive certain fees during a state of emergency;
154 amending s. 573.111, F.S.; revising the required
155 posting location for the issuance of an agricultural
156 commodity marketing order; amending s. 578.011, F.S.;
157 revising and defining terms; creating s. 578.012,
158 F.S.; providing legislative intent; creating a
159 preemption of local law relating to regulation of
160 seed; amending s. 578.08, F.S.; revising application
161 requirements for the registration of seed dealers;
162 conforming provisions to changes made by the act;
163 specifying that a receipt from the department need not
164 be written to constitute a permit; deleting an
165 exception to registration requirements for certain
166 experiment stations; requiring the payment of fees
167 when packet seed is placed into commerce; amending s.
168 578.09, F.S.; revising labeling requirements for
169 agricultural, vegetable, flower, tree, and shrub
170 seeds; conforming a cross-reference; repealing s.
171 578.091, F.S., relating to labeling of forest tree
172 seed; amending s. 578.10, F.S.; revising exemptions to
173 seed labeling, sale, and solicitation requirements;
174 amending s. 578.11, F.S.; conforming provisions to
175 changes made by the act; making technical changes;
176 amending s. 578.12, F.S.; conforming provisions to
177 changes made by the act; amending s. 578.13, F.S.;
178 conforming provisions to changes made by the act;
179 specifying that it is unlawful to move, handle, or
180 dispose of seeds or tags under a stop-sale notice or
181 order without permission from the department;
182 specifying that it is unlawful to represent seed as
183 certified except under specified conditions or to
184 label seed with a variety name under certain
185 conditions; repealing s. 578.14, F.S., relating to
186 packet vegetable and flower seed; amending s. 578.181,
187 F.S.; revising penalties; amending s. 578.23, F.S.;
188 revising recordkeeping requirements relating to seed
189 labeling; amending s. 578.26, F.S.; conforming
190 provisions to changes made by the act; specifying that
191 certain persons may not commence legal proceedings or
192 make certain claims against a seed dealer before
193 certain findings and recommendations are transmitted
194 by the seed investigation and conciliation council to
195 the complainant and dealer; deleting a requirement
196 that the department transmit such findings and
197 recommendations to complainants and dealers; requiring
198 the department to mail a copy of the council’s
199 procedures to both parties upon receipt of a
200 complaint; amending s. 578.27, F.S.; removing
201 alternate membership from the seed investigation and
202 conciliation council; revising the terms of members of
203 the council; conforming provisions to changes made by
204 the act; revising the purpose of the council; revising
205 the council’s investigatory process; renumbering and
206 amending s. 578.28, F.S.; making a technical change;
207 creating s. 578.29, F.S.; prohibiting certain noxious
208 weed seed from being offered or exposed for sale;
209 amending s. 590.02, F.S.; authorizing the Florida
210 Forest Service to pay certain employees’ initial
211 commercial driver license examination fees; creating
212 s. 817.417, F.S.; providing a short title; defining
213 terms; specifying department duties and
214 responsibilities relating to government impostor and
215 deceptive advertisements; requiring rulemaking by the
216 department; specifying that it is a violation to
217 disseminate certain misleading or confusing
218 advertisements, to make certain misleading or
219 confusing representations, to use content implying or
220 leading to confusion that such content is from a
221 governmental entity when such is not true, to fail to
222 provide certain disclosures, and to fail to provide
223 certain responses and answers to the department;
224 requiring a person offering documents that are
225 available free of charge or at a lesser price from a
226 governmental entity to provide a certain disclosure;
227 providing penalties; amending s. 489.105, F.S.;
228 conforming provisions to changes made by the act;
229 reenacting s. 527.06(3), F.S., relating to published
230 standards of the National Fire Protection Association;
231 providing an effective date.
233 Be It Enacted by the Legislature of the State of Florida:
235 Section 1. Section 193.461, Florida Statutes, is amended to
237 193.461 Agricultural lands; classification and assessment;
238 mandated eradication or quarantine program; natural disasters.—
239 (1) The property appraiser shall, on an annual basis,
240 classify for assessment purposes all lands within the county as
241 either agricultural or nonagricultural.
242 (2) Any landowner whose land is denied agricultural
243 classification by the property appraiser may appeal to the value
244 adjustment board. The property appraiser shall notify the
245 landowner in writing of the denial of agricultural
246 classification on or before July 1 of the year for which the
247 application was filed. The notification shall advise the
248 landowner of his or her right to appeal to the value adjustment
249 board and of the filing deadline. The property appraiser shall
250 have available at his or her office a list by ownership of all
251 applications received showing the acreage, the full valuation
252 under s. 193.011, the valuation of the land under the provisions
253 of this section, and whether or not the classification requested
254 was granted.
255 (3)(a) Lands may not be classified as agricultural lands
256 unless a return is filed on or before March 1 of each year.
257 Before classifying such lands as agricultural lands, the
258 property appraiser may require the taxpayer or the taxpayer’s
259 representative to furnish the property appraiser such
260 information as may reasonably be required to establish that such
261 lands were actually used for a bona fide agricultural purpose.
262 Failure to make timely application by March 1 constitutes a
263 waiver for 1 year of the privilege granted in this section for
264 agricultural assessment. However, an applicant who is qualified
265 to receive an agricultural classification who fails to file an
266 application by March 1 must file an application for the
267 classification with the property appraiser on or before the 25th
268 day after the mailing by the property appraiser of the notice
269 required under s. 194.011(1). Upon receipt of sufficient
270 evidence, as determined by the property appraiser, that
271 demonstrates that the applicant was unable to apply for the
272 classification in a timely manner or that otherwise demonstrates
273 extenuating circumstances that warrant the granting of the
274 classification, the property appraiser may grant the
275 classification. If the applicant files an application for the
276 classification and fails to provide sufficient evidence to the
277 property appraiser as required, the applicant may file, pursuant
278 to s. 194.011(3), a petition with the value adjustment board
279 requesting that the classification be granted. The petition may
280 be filed at any time during the taxable year on or before the
281 25th day following the mailing of the notice by the property
282 appraiser as provided in s. 194.011(1). Notwithstanding s.
283 194.013, the applicant must pay a nonrefundable fee of $15 upon
284 filing the petition. Upon reviewing the petition, if the person
285 is qualified to receive the classification and demonstrates
286 particular extenuating circumstances judged by the value
287 adjustment board to warrant granting the classification, the
288 value adjustment board may grant the classification for the
289 current year. The owner of land that was classified agricultural
290 in the previous year and whose ownership or use has not changed
291 may reapply on a short form as provided by the department. The
292 lessee of property may make original application or reapply
293 using the short form if the lease, or an affidavit executed by
294 the owner, provides that the lessee is empowered to make
295 application for the agricultural classification on behalf of the
296 owner and a copy of the lease or affidavit accompanies the
297 application. A county may, at the request of the property
298 appraiser and by a majority vote of its governing body, waive
299 the requirement that an annual application or statement be made
300 for classification of property within the county after an
301 initial application is made and the classification granted by
302 the property appraiser. Such waiver may be revoked by a majority
303 vote of the governing body of the county.
304 (b) Subject to the restrictions specified in this section,
305 only lands that are used primarily for bona fide agricultural
306 purposes shall be classified agricultural. The term “bona fide
307 agricultural purposes” means good faith commercial agricultural
308 use of the land.
309 1. In determining whether the use of the land for
310 agricultural purposes is bona fide, the following factors may be
311 taken into consideration:
312 a. The length of time the land has been so used.
313 b. Whether the use has been continuous.
314 c. The purchase price paid.
315 d. Size, as it relates to specific agricultural use, but a
316 minimum acreage may not be required for agricultural assessment.
317 e. Whether an indicated effort has been made to care
318 sufficiently and adequately for the land in accordance with
319 accepted commercial agricultural practices, including, without
320 limitation, fertilizing, liming, tilling, mowing, reforesting,
321 and other accepted agricultural practices.
322 f. Whether the land is under lease and, if so, the
323 effective length, terms, and conditions of the lease.
324 g. Such other factors as may become applicable.
325 2. Offering property for sale does not constitute a primary
326 use of land and may not be the basis for denying an agricultural
327 classification if the land continues to be used primarily for
328 bona fide agricultural purposes while it is being offered for
330 (c) The maintenance of a dwelling on part of the lands used
331 for agricultural purposes does
shall not in itself preclude an
332 agricultural classification.
333 (d) When property receiving an agricultural classification
334 contains a residence under the same ownership, the portion of
335 the property consisting of the residence and curtilage must be
336 assessed separately, pursuant to s. 193.011, to qualify for the
337 assessment limitation set forth in s. 193.155. The remaining
338 property may be classified under the provisions of paragraphs
339 (a) and (b).
340 (e) Notwithstanding the provisions of paragraph (a), land
341 that has received an agricultural classification from the value
342 adjustment board or a court of competent jurisdiction pursuant
343 to this section is entitled to receive such classification in
344 any subsequent year until such agricultural use of the land is
345 abandoned or discontinued, the land is diverted to a
346 nonagricultural use, or the land is reclassified as
347 nonagricultural pursuant to subsection (4). The property
348 appraiser must, no later than January 31 of each year, provide
349 notice to the owner of land that was classified agricultural in
350 the previous year informing the owner of the requirements of
351 this paragraph and requiring the owner to certify that neither
352 the ownership nor the use of the land has changed. The
353 department shall, by administrative rule, prescribe the form of
354 the notice to be used by the property appraiser under this
355 paragraph. If a county has waived the requirement that an annual
356 application or statement be made for classification of property
357 pursuant to paragraph (a), the county may, by a majority vote of
358 its governing body, waive the notice and certification
359 requirements of this paragraph and shall provide the property
360 owner with the same notification provided to owners of land
361 granted an agricultural classification by the property
362 appraiser. Such waiver may be revoked by a majority vote of the
363 county’s governing body. This paragraph does not apply to any
364 property if the agricultural classification of that property is
365 the subject of current litigation.
366 (4) The property appraiser shall reclassify the following
367 lands as nonagricultural:
368 (a) Land diverted from an agricultural to a nonagricultural
370 (b) Land no longer being utilized for agricultural
372 (5) For the purpose of this section, the term “agricultural
373 purposes” includes, but is not limited to, horticulture;
374 floriculture; viticulture; forestry; dairy; livestock; poultry;
375 bee; pisciculture, if the land is used principally for the
376 production of tropical fish; aquaculture, including algaculture;
377 sod farming; and all forms of farm products as defined in s.
378 823.14(3) and farm production.
379 (6)(a) In years in which proper application for
380 agricultural assessment has been made and granted pursuant to
381 this section, the assessment of land shall be based solely on
382 its agricultural use. The property appraiser shall consider the
383 following use factors only:
384 1. The quantity and size of the property;
385 2. The condition of the property;
386 3. The present market value of the property as agricultural
388 4. The income produced by the property;
389 5. The productivity of land in its present use;
390 6. The economic merchantability of the agricultural
391 product; and
392 7. Such other agricultural factors as may from time to time
393 become applicable, which are reflective of the standard present
394 practices of agricultural use and production.
395 (b) Notwithstanding any provision relating to annual
396 assessment found in s. 192.042, the property appraiser shall
397 rely on 5-year moving average data when utilizing the income
398 methodology approach in an assessment of property used for
399 agricultural purposes.
400 (c)1. For purposes of the income methodology approach to
401 assessment of property used for agricultural purposes,
402 irrigation systems, including pumps and motors, physically
403 attached to the land shall be considered a part of the average
404 yields per acre and shall have no separately assessable
405 contributory value.
406 2. Litter containment structures located on producing
407 poultry farms and animal waste nutrient containment structures
408 located on producing dairy farms shall be assessed by the
409 methodology described in subparagraph 1.
410 3. Structures or improvements used in horticultural
411 production for frost or freeze protection, which are consistent
412 with the interim measures or best management practices adopted
413 by the Department of Agriculture and Consumer Services pursuant
414 to s. 570.93 or s. 403.067(7)(c), shall be assessed by the
415 methodology described in subparagraph 1.
416 4. Screened enclosed structures used in horticultural
417 production for protection from pests and diseases or to comply
418 with state or federal eradication or compliance agreements shall
419 be assessed by the methodology described in subparagraph 1.
420 (d) In years in which proper application for agricultural
421 assessment has not been made, the land shall be assessed under
422 the provisions of s. 193.011.
423 (7)(a) Lands classified for assessment purposes as
424 agricultural lands which are taken out of production by a state
425 or federal eradication or quarantine program, including the
426 Citrus Health Response Program, shall continue to be classified
427 as agricultural lands for 5 years after the date of execution of
428 a compliance agreement between the landowner and the Department
429 of Agriculture and Consumer Services or a federal agency, as
430 applicable, pursuant to such program or successor programs.
431 Lands under these programs which are converted to fallow or
432 otherwise nonincome-producing uses shall continue to be
433 classified as agricultural lands and shall be assessed at a de
434 minimis value of up to $50 per acre on a single-year assessment
435 methodology while fallow or otherwise used for nonincome
436 producing purposes. Lands under these programs which are
437 replanted in citrus pursuant to the requirements of the
438 compliance agreement shall continue to be classified as
439 agricultural lands and shall be assessed at a de minimis value
440 of up to $50 per acre, on a single-year assessment methodology,
441 during the 5-year term of agreement. However, lands converted to
442 other income-producing agricultural uses permissible under such
443 programs shall be assessed pursuant to this section. Land under
444 a mandated eradication or quarantine program which is diverted
445 from an agricultural to a nonagricultural use shall be assessed
446 under s. 193.011.
447 (b) Lands classified for assessment purposes as
448 agricultural lands that participate in a dispersed water storage
449 program pursuant to a contract with the Department of
450 Environmental Protection or a water management district which
451 requires flooding of land shall continue to be classified as
452 agricultural lands for the duration of the inclusion of the
453 lands in such program or successor programs and shall be
454 assessed as nonproductive agricultural lands. Land that
455 participates in a dispersed water storage program that is
456 diverted from an agricultural to a nonagricultural use shall be
457 assessed under s. 193.011.
458 (c) Lands classified for assessment purposes as
459 agricultural lands which are not being used for agricultural
460 production as a result of a natural disaster for which a state
461 of emergency is declared pursuant to s. 252.36, when such
462 disaster results in the halting of agricultural production, must
463 continue to be classified as agricultural lands for 5 years
464 after termination of the emergency declaration. However, if such
465 lands are diverted from agricultural use to nonagricultural use
466 during or after the 5-year recovery period, such lands must be
467 assessed under s. 193.011. This paragraph applies retroactively
468 to natural disasters that occurred on or after July 1, 2017.
469 Section 2. Section 252.3569, Florida Statutes, is created
470 to read:
471 252.3569 Florida state agricultural response team.—The
472 Legislature finds that the Department of Agriculture and
473 Consumer Services is the lead agency for animal, agricultural,
474 and vector issues in the state during an emergency or disaster
475 situations, as described by the Florida Comprehensive Emergency
476 Management Plan. Pursuant to this responsibility, there is
477 established within the department a state agricultural response
478 team. Duties of the team include, but are not limited to:
479 (1) Oversight of the emergency management functions of
480 preparedness, recovery, mitigation, and response with all
481 agencies and organizations that are involved with the state’s
482 response activities related to animal, agricultural, and vector
484 (2) Development, training, and support of county
485 agricultural response teams; and
486 (3) Staffing the Emergency Support Function 17 at the State
487 Emergency Operations Center and staffing, as necessary, at
488 county emergency operations centers.
489 Section 3. Section 316.565, Florida Statutes, is amended to
491 316.565 Emergency transportation, agricultural products
492 perishable food; establishment of weight loads, etc.—
493 (1) The Governor may declare an emergency to exist when
494 there is a breakdown in the normal public transportation
495 facilities necessary in moving agricultural products, as defined
496 in s. 604.60, perishable food crops grown in the state. The
497 Department of Transportation is authorized during such emergency
498 to establish such weight loads for hauling over the highways
499 from the fields or packinghouses to the nearest available public
500 transportation facility as circumstances demand. The Department
501 of Transportation may issue, and any law enforcement officer
502 authorized to enforce the traffic laws of this state must
503 accept, electronic verification of permits during such an
504 emergency. A permit issued pursuant to this section is valid for
505 up to 60 days; however, the validity of the permit may not
506 exceed the period of the declared state of emergency or any
507 extension thereof. The Department of Transportation shall
508 designate special highway routes, excluding the interstate
509 highway system, to facilitate the trucking and render any other
510 assistance needed to expedite moving the agricultural products
512 (2) It is the intent of the Legislature in this chapter to
513 supersede any existing laws when necessary to protect and save
514 any agricultural products perishable food crops grown in the
515 state and give authority for agencies to provide necessary
516 temporary assistance requested during any such emergency. The
517 department shall consult with the Department of Agriculture and
518 Consumer Services and stakeholders in the agricultural industry
519 in implementing this section.
520 Section 4. Paragraphs (b), (d), and (i) of subsection (5)
521 of section 379.361, Florida Statutes, are amended to read:
522 379.361 Licenses.—
523 (5) APALACHICOLA BAY OYSTER HARVESTING LICENSE.—
524 (b) A No person may not shall harvest oysters from the
525 Apalachicola Bay without a valid Apalachicola Bay oyster
526 harvesting license issued by the City of Apalachicola Department
527 of Agriculture and Consumer Services. This requirement does
528 shall not apply to anyone harvesting noncommercial quantities of
529 oysters in accordance with commission rules, or to any person
530 less than 18 years old.
531 (d) The City of Apalachicola Department of Agriculture and
532 Consumer Services shall collect an annual fee of $100 from state
533 residents and $500 from nonresidents for the issuance of an
534 Apalachicola Bay oyster harvesting license. The license year
535 shall begin on July 1 of each year and end on June 30 of the
536 following year. The license shall be valid only for the
537 licensee. Only bona fide residents of the state Florida may
538 obtain a resident license pursuant to this subsection.
539 (i) The proceeds from Apalachicola Bay oyster harvesting
540 license fees shall be deposited by the City of Apalachicola into
541 a trust account in the General Inspection Trust Fund and, less
542 reasonable administrative costs, must shall be used or
543 distributed by the City of Apalachicola Department of
544 Agriculture and Consumer Services for the following purposes in
545 Apalachicola Bay:
546 1. An Apalachicola Bay oyster shell recycling program
547 Relaying and transplanting live oysters.
548 2. Shell planting to construct or rehabilitate oyster bars.
549 3. Education programs for licensed oyster harvesters on
550 oyster biology, aquaculture, boating and water safety,
551 sanitation, resource conservation, small business management,
552 marketing, and other relevant subjects.
553 4. Research directed toward the enhancement of oyster
554 production in the bay and the water management needs of the bay.
555 Section 5. Paragraphs (a), (b), and (i) of subsection (1)
556 of section 487.041, Florida Statutes, are amended to read:
557 487.041 Registration.—
558 (1)(a) Effective January 1, 2009, Each brand of pesticide,
559 as defined in s. 487.021, which is distributed, sold, or offered
560 for sale, except as provided in this section, within this state
561 or delivered for transportation or transported in intrastate
562 commerce or between points within this state through any point
563 outside this state must be registered in the office of the
564 department, and such registration shall be renewed biennially.
565 Emergency exemptions from registration may be authorized in
566 accordance with the rules of the department. The registrant
567 shall file with the department a statement including:
568 1. The name, business mailing address, and street address
569 of the registrant.
570 2. The name of the brand of pesticide.
571 3. An ingredient statement and a complete current copy of
572 the labeling accompanying the brand of pesticide, which must
573 conform to the registration, and a statement of all claims to be
574 made for it, including directions for use and a guaranteed
575 analysis showing the names and percentages by weight of each
576 active ingredient, the total percentage of inert ingredients,
577 and the names and percentages by weight of each “added
579 (b) Effective January 1, 2009, For the purpose of defraying
580 expenses of the department in connection with carrying out the
581 provisions of this part, each registrant shall pay a biennial
582 registration fee for each registered brand of pesticide. The
583 registration of each brand of pesticide shall cover a designated
584 2-year period beginning on January 1 of each odd-numbered year
585 and expiring on December 31 of the following year.
586 (i) Effective January 1, 2013, all payments of any
587 pesticide registration fees, including late fees, shall be
588 submitted electronically using the department’s Internet website
589 for registration of pesticide product brands.
590 Section 6. Subsection (19) is added to section 496.415,
591 Florida Statutes, to read:
592 496.415 Prohibited acts.—It is unlawful for any person in
593 connection with the planning, conduct, or execution of any
594 solicitation or charitable or sponsor sales promotion to:
595 (19) Commingle charitable contributions with noncharitable
597 Section 7. Section 496.418, Florida Statutes, is amended to
599 496.418 Recordkeeping and accounting Records.—
600 (1) Each charitable organization, sponsor, professional
601 fundraising consultant, and professional solicitor that collects
602 or takes control or possession of contributions made for a
603 charitable purpose must keep records to permit accurate
604 reporting and auditing as required by law, must not commingle
605 contributions with noncharitable funds as specified in s.
606 496.415(19), and must be able to account for the funds. When
607 expenditures are not properly documented and disclosed by
608 records, there exists a rebuttable presumption that the
609 charitable organization, sponsor, professional fundraising
610 consultant, or professional solicitor did not properly expend
611 such funds. Noncharitable funds include any funds that are not
612 used or intended to be used for the operation of the charity or
613 for charitable purposes.
614 (2) Each charitable organization, sponsor, professional
615 fundraising consultant, and professional solicitor must keep for
616 a period of at least 3 years true and accurate records as to its
617 activities in this state which are covered by ss. 496.401
618 496.424. The records must be made available, without subpoena,
619 to the department for inspection and must be furnished no later
620 than 10 working days after requested.
621 Section 8. Paragraph (b) of subsection (3) and paragraph
622 (i) of subsection (5) of section 500.459, Florida Statutes, are
623 amended to read:
624 500.459 Water vending machines.—
625 (3) PERMITTING REQUIREMENTS.—
626 (b) An application for an operating permit must be made in
627 writing to the department on forms provided by the department
628 and must be accompanied by a fee as provided in subsection (4).
629 The application must state the location of each water vending
630 machine, the source of the water to be vended, the treatment the
631 water will receive prior to being vended, and any other
632 information considered necessary by the department.
633 (5) OPERATING STANDARDS.—
634 (i) The operator shall place on each water vending machine,
635 in a position clearly visible to customers, the following
636 information: the name and address of the operator; the operating
637 permit number; the fact that the water is obtained from a public
638 water supply; the method of treatment used; the method of
639 postdisinfection used; and a local or toll-free telephone number
640 that may be called for obtaining further information, reporting
641 problems, or making complaints.
642 Section 9. Paragraph (g) of subsection (1) of section
643 501.059, Florida Statutes, is amended, and paragraph (i) is
644 added to that subsection, and subsection (5), paragraph (c) of
645 subsection (8), and subsection (9) of that section are amended,
646 to read:
647 501.059 Telephone solicitation.—
648 (1) As used in this section, the term:
649 (g) “Telephonic sales call” means a telephone call, or text
650 message, or voicemail transmission to a consumer for the purpose
651 of soliciting a sale of any consumer goods or services,
652 soliciting an extension of credit for consumer goods or
653 services, or obtaining information that will or may be used for
654 the direct solicitation of a sale of consumer goods or services
655 or an extension of credit for such purposes.
656 (i) “Voicemail transmission” means technologies that
657 deliver a voice message directly to a voicemail application,
658 service, or device.
659 (5) A telephone solicitor or other person may not initiate
660 an outbound telephone call, or text message, or voicemail
661 transmission to a consumer, business, or donor or potential
662 donor who has previously communicated to the telephone solicitor
663 or other person that he or she does not wish to receive an
664 outbound telephone call, or text message, or voicemail
666 (a) Made by or on behalf of the seller whose goods or
667 services are being offered; or
668 (b) Made on behalf of a charitable organization for which a
669 charitable contribution is being solicited.
671 (c) It shall be unlawful for any person who makes a
672 telephonic sales call or causes a telephonic sales call to be
673 made to fail to transmit or cause not to be transmitted the
674 originating telephone number and, when made available by the
675 telephone solicitor’s carrier, the name of the telephone
676 solicitor to any caller identification service in use by a
677 recipient of a telephonic sales call. However, it shall not be a
678 violation to substitute, for the name and telephone number used
679 in or billed for making the call, the name of the seller on
680 behalf of which a telephonic sales call is placed and the
681 seller’s customer service telephone number, which is answered
682 during regular business hours. If a telephone number is made
683 available through a caller identification service as a result of
684 a telephonic sales call, the solicitor must ensure that
685 telephone number is capable of receiving telephone calls and
686 must connect the original call recipient, upon calling such
687 number, to the telephone solicitor or to the seller on behalf of
688 which a telephonic sales call was placed. For purposes of this
689 section, the term “caller identification service” means a
690 service that allows a telephone subscriber to have the telephone
691 number and, where available, the name of the calling party
692 transmitted contemporaneously with the telephone call and
693 displayed on a device in or connected to the subscriber’s
695 (9)(a) The department shall investigate any complaints
696 received concerning violations of this section. If, after
697 investigating a complaint, the department finds that there has
698 been a violation of this section, the department or the
699 Department of Legal Affairs may bring an action to impose a
700 civil penalty and to seek other relief, including injunctive
701 relief, as the court deems appropriate against the telephone
702 solicitor. The civil penalty shall be in the Class IV III
703 category pursuant to s. 570.971 for each violation and shall be
704 deposited in the General Inspection Trust Fund if the action or
705 proceeding was brought by the department, or the Legal Affairs
706 Revolving Trust Fund if the action or proceeding was brought by
707 the Department of Legal Affairs. This civil penalty may be
708 recovered in any action brought under this part by the
709 department, or the department may terminate any investigation or
710 action upon agreement by the person to pay a stipulated civil
711 penalty. The department or the court may waive any civil penalty
712 if the person has previously made full restitution or
713 reimbursement or has paid actual damages to the consumers who
714 have been injured by the violation.
715 (b) The department may, as an alternative to the civil
716 penalties provided in paragraph (a), impose an administrative
717 fine in the Class III I category pursuant to s. 570.971 for each
718 act or omission that constitutes a violation of this section. An
719 administrative proceeding that could result in the entry of an
720 order imposing an administrative penalty must be conducted
721 pursuant to chapter 120.
722 Section 10. Section 501.6175, Florida Statutes, is created
723 to read:
724 501.6175 Recordkeeping.—A commercial telephone seller shall
725 keep all of the following information for 2 years after the date
726 the information first becomes part of the seller’s business
728 (1) The name and telephone number of each consumer
729 contacted by a telephone sales call.
730 (2) All express requests authorizing the telephone
731 solicitor to contact the consumer.
732 (3) Any script, outline, or presentation the applicant
733 requires or suggests a salesperson use when soliciting; sales
734 information or literature to be provided by the commercial
735 telephone seller to a salesperson; and sales information or
736 literature to be provided by the commercial telephone seller to
737 a consumer in connection with any solicitation.
739 Within 10 days of an oral or written request by the department,
740 including a written request transmitted by electronic mail, a
741 commercial telephone seller must make the records it keeps
742 pursuant to this section available for inspection and copying by
743 the department during the department’s normal business hours.
744 This section does not limit the department’s ability to inspect
745 and copy material pursuant to any other law.
746 Section 11. Section 501.912, Florida Statutes, is amended
747 to read:
748 501.912 Definitions.—As used in ss. 501.91-501.923:
749 (1) “Antifreeze” means any substance or preparation,
750 including, but not limited to, antifreeze-coolant, antifreeze
751 and summer coolant, or summer coolant, that is sold,
752 distributed, or intended for use:
753 (a) As the cooling liquid, or to be added to the cooling
754 liquid, in the cooling system of internal combustion engines of
755 motor vehicles to prevent freezing of the cooling liquid or to
756 lower its freezing point; or
757 (b) To raise the boiling point of water or for the
758 prevention of engine overheating, whether or not the liquid is
759 used as a year-round cooling system fluid.
760 (2) “Antifreeze-coolant,” “antifreeze and summer coolant,”
761 or “summer coolant” means any substance as defined in subsection
762 (1) which also is sold, distributed, or intended for raising the
763 boiling point of water or for the prevention of engine
764 overheating whether or not used as a year-round cooling system
765 fluid. Unless otherwise stated, the term “antifreeze” includes
766 “antifreeze,” “antifreeze-coolant,” “antifreeze and summer
767 coolant,” and “summer coolant.”
768 (2) (3) “Department” means the Department of Agriculture and
769 Consumer Services.
770 (3) (4) “Distribute” means to hold with an intent to sell,
771 offer for sale, sell, barter, or otherwise supply to the
773 (4) (5) “Package” means a sealed, tamperproof retail
774 package, drum, or other container designed for the sale of
775 antifreeze directly to the consumer or a container from which
776 the antifreeze may be installed directly by the seller into the
777 cooling system. However, this term , but does not include
778 shipping containers containing properly labeled inner
780 (5) (6) “Label” means any display of written, printed, or
781 graphic matter on, or attached to, a package or to the outside
782 individual container or wrapper of the package.
783 (6) (7) “Labeling” means the labels and any other written,
784 printed, or graphic matter accompanying a package.
785 Section 12. Section 501.913, Florida Statutes, is amended
786 to read:
787 501.913 Registration.—
788 (1) Each brand of antifreeze to be distributed in this
789 state must shall be registered with the department before
790 distribution. The person whose name appears on the label, the
791 manufacturer, or the packager shall make application annually or
792 biennially to the department on forms provided by the
793 department. The registration certificate expires shall expire 12
794 or 24 months after the date of issue, as indicated on the
795 registration certificate. The registrant assumes, by application
796 to register the brand, full responsibility for the registration,
797 quality, and quantity of the product sold, offered, or exposed
798 for sale in this state. If a registered brand is not in
799 production for distribution in this state and to ensure any
800 remaining product that is still available for sale in the state
801 is properly registered, the registrant must submit a notarized
802 affidavit on company letterhead to the department certifying
804 (a) The stated brand is no longer in production;
805 (b) The stated brand will not be distributed in this state;
807 (c) All existing product of the stated brand will be
808 removed by the registrant from the state within 30 days after
809 expiration of the registration or the registrant will reregister
810 the brand for two subsequent registration periods.
812 If production resumes, the brand must be reregistered before it
813 is distributed in this state.
814 (2) The completed application shall be accompanied by:
815 (a) Specimens or copies facsimiles of the label for each
816 brand of antifreeze;
817 (b) An application fee of $200 for a 12-month registration
818 or $400 for a 24-month registration for each brand of
819 antifreeze; and
820 (c) For first-time applications, a certified report from an
821 independent testing laboratory, dated no more than 6 months
822 before the registration application, providing analysis showing
823 that the antifreeze conforms to minimum standards required for
824 antifreeze by this part or rules of the department and is not
825 adulterated A properly labeled sample of between 1 and 2 gallons
826 for each brand of antifreeze.
827 (3) The department may analyze or inspect the antifreeze to
828 ensure that it:
829 (a) Meets the labeling claims;
830 (b) Conforms to minimum standards required for antifreeze
831 by this part chapter or rules of the department; and
832 (c) Is not adulterated as prescribed for antifreeze by this
833 part chapter.
834 (4)(a) If the registration requirements are met, and, if
835 the antifreeze meets the minimum standards, is not adulterated,
836 and meets the labeling claims, the department shall issue a
837 certificate of registration authorizing the distribution of that
838 antifreeze in the state for the permit period year.
839 (b) If registration requirements are not met, or, if the
840 antifreeze fails to meet the minimum standards, is adulterated,
841 or fails to meet the labeling claims, the department shall
842 refuse to register the antifreeze.
843 Section 13. Section 501.917, Florida Statutes, is amended
844 to read:
845 501.917 Inspection by department; sampling and analysis.
846 The department has shall have the right to have access at
847 reasonable hours to all places and property where antifreeze is
848 stored, distributed, or offered or intended to be offered for
849 sale, including the right to inspect and examine all antifreeze
850 and to take reasonable samples of antifreeze for analysis
851 together with specimens of labeling. Collected samples must be
852 analyzed by the department. The certificate of analysis by the
853 department shall be prima facie evidence of the facts stated
854 therein in any legal proceeding in this state All samples taken
855 shall be properly sealed and sent to a laboratory designated by
856 the department for examination together with all labeling
857 pertaining to such samples. It shall be the duty of said
858 laboratory to examine promptly all samples received in
859 connection with the administration and enforcement of this act.
860 Section 14. Section 501.92, Florida Statutes, is amended to
862 501.92 Formula may be required.—The department may, if
863 required for the analysis of antifreeze by the laboratory
864 designated by the department for the purpose of registration,
865 require the applicant to furnish a statement of the formula of
866 such antifreeze, unless the applicant can furnish other
867 satisfactory evidence that such antifreeze is not adulterated or
868 misbranded. Such statement need not include inhibitor or other
869 minor ingredients which total less than 5 percent by weight of
870 the antifreeze; and, if over 5 percent, the composition of the
871 inhibitor and such other ingredients may be given in generic
873 Section 15. Paragraph (e) of subsection (10) of section
874 525.07, Florida Statutes, is redesignated as paragraph (f), and
875 a new paragraph (e) is added to that subsection, to read:
876 525.07 Powers and duties of department; inspections;
877 unlawful acts.—
879 (e) The department may seize without warrant any skimming
880 device, as defined in s. 817.625, for use as evidence.
881 Section 16. Subsection (4) is added to section 526.304,
882 Florida Statutes, to read:
883 526.304 Predatory practices unlawful; exceptions.—
884 (4) The Department of Agriculture and Consumer Services may
885 by emergency order, in furtherance of executing emergency plans
886 or to aid in the recovery of an emergency-impacted area,
887 temporarily suspend enforcement of this section during a state
888 of emergency declared pursuant to s. 252.36.
889 Section 17. Subsection (6) is added to section 526.305,
890 Florida Statutes, to read:
891 526.305 Discriminatory practices unlawful; exceptions.—
892 (6) The Department of Agriculture and Consumer Services may
893 by emergency order, in furtherance of executing emergency plans
894 or to aid in the recovery of an emergency-impacted area,
895 temporarily suspend enforcement of this section during a state
896 of emergency declared pursuant to s. 252.36.
897 Section 18. Subsection (1) of section 526.51, Florida
898 Statutes, is amended to read:
899 526.51 Registration; renewal and fees; departmental
900 expenses; cancellation or refusal to issue or renew.—
901 (1)(a) Application for registration of each brand of brake
902 fluid shall be made on forms supplied by the department. The
903 applicant shall give his or her name and address and the brand
904 name of the brake fluid, state that he or she owns the brand
905 name and has complete control over the product sold thereunder
906 in this state, and provide the name and address of the resident
907 agent in this state. If the applicant does not own the brand
908 name but wishes to register the product with the department, a
909 notarized affidavit that gives the applicant full authorization
910 to register the brand name and that is signed by the owner of
911 the brand name must accompany the application for registration.
912 The affidavit must include all affected brand names, the owner’s
913 company or corporate name and address, the applicant’s company
914 or corporate name and address, and a statement from the owner
915 authorizing the applicant to register the product with the
916 department. The owner of the brand name shall maintain complete
917 control over each product sold under that brand name in this
919 (b) The completed application must be accompanied by the
921 1. Specimens or copies of the label for each brand of brake
923 2. An application fee of $50 for a 12-month registration or
924 $100 for a 24-month registration for each brand of brake fluid.
925 3. For All first-time applications for a brand and formula
926 combination, must be accompanied by a certified report from an
927 independent testing laboratory, dated no more than 6 months
928 before the registration application, setting forth the analysis
929 of the brake fluid which shows its quality to be not less than
930 the specifications established by the department for brake
931 fluids. A sample of not less than 24 fluid ounces of brake fluid
932 shall be submitted, in a container with a label printed in the
933 same manner that it will be labeled when sold, and the sample
934 and container shall be analyzed and inspected by the department
935 in order that compliance with the department’s specifications
936 and labeling requirements may be verified.
938 Upon approval of the application, the department shall register
939 the brand name of the brake fluid and issue to the applicant a
940 permit authorizing the registrant to sell the brake fluid in
941 this state. The registration certificate expires shall expire 12
942 or 24 months after the date of issue, as indicated on the
943 registration certificate.
944 (c) (b) Each applicant shall pay a fee of $100 with each
945 application. A permit may be renewed by application to the
946 department, accompanied by a renewal fee of $50 for a 12-month
947 registration, or $100 for a 24-month registration, on or before
948 the expiration of the previously issued permit. To reregister a
949 previously registered brand and formula combination, an
950 applicant must submit a completed application and all materials
951 as required in this section to the department before the
952 expiration of the previously issued permit. A brand and formula
953 combination for which a completed application and all materials
954 required in this section are not received before the expiration
955 of the previously issued permit may not be registered with the
956 department until a completed application and all materials
957 required in this section have been received and approved. If the
958 brand and formula combination was previously registered with the
959 department and a fee, application, or materials required in this
960 section are received after the expiration of the previously
961 issued permit, a penalty of $25 accrues, which shall be added to
962 the fee. Renewals shall be accepted only on brake fluids that
963 have no change in formula, composition, or brand name. Any
964 change in formula, composition, or brand name of a brake fluid
965 constitutes a new product that must be registered in accordance
966 with this part.
967 (c) If a registered brand and formula combination is no
968 longer in production for distribution in this state, in order to
969 ensure that any remaining product still available for sale in
970 this state is properly registered, the registrant must submit a
971 notarized affidavit on company letterhead to the department
972 certifying that:
973 1. The stated brand and formula combination is no longer in
975 2. The stated brand and formula combination will not be
976 distributed in this state; and
977 3. Either all existing product of the stated brand and
978 formula combination will be removed by the registrant from the
979 state within 30 days after the expiration of the registration or
980 that the registrant will reregister the brand and formula
981 combination for 2 subsequent years.
983 If production resumes, the brand and formula combination must be
984 reregistered before it is again distributed in this state.
985 Section 19. Subsection (1) of section 526.53, Florida
986 Statutes, is amended to read:
987 526.53 Enforcement; inspection and analysis, stop-sale and
988 disposition, regulations.—
989 (1) The department shall enforce the provisions of this
990 part through the department, and may sample, inspect, analyze,
991 and test any brake fluid manufactured, packed, or sold within
992 this state. Collected samples must be analyzed by the
993 department. The certificate of analysis by the department shall
994 be prima facie evidence of the facts stated therein in any legal
995 proceeding in this state. The department has shall have free
996 access during business hours to all premises, buildings,
997 vehicles, cars, or vessels used in the manufacture, packing,
998 storage, sale, or transportation of brake fluid, and may open
999 any box, carton, parcel, or container of brake fluid and take
1000 samples for inspection and analysis or for evidence.
1001 Section 20. Section 527.01, Florida Statutes, is amended to
1003 527.01 Definitions.—As used in this chapter:
1004 (1) “Liquefied petroleum gas” means any material which is
1005 composed predominantly of any of the following hydrocarbons, or
1006 mixtures of the same: propane, propylene, butanes (normal butane
1007 or isobutane), and butylenes.
1008 (2) “Person” means any individual, firm, partnership,
1009 corporation, company, association, organization, or cooperative.
1010 (3) “ Ultimate Consumer” means the person last purchasing
1011 liquefied petroleum gas in its liquid or vapor state for
1012 industrial, commercial, or domestic use.
1013 (4) “Department” means the Department of Agriculture and
1014 Consumer Services.
1015 (5) “Qualifier” means any person who has passed a
1016 competency examination administered by the department and is
1017 employed by a licensed category I, category II, or category V
1018 business. in one or more of the following classifications:
1019 (a) Category I liquefied petroleum gas dealer.
1020 (b) Category II liquefied petroleum gas dispenser.
1021 (c) LP gas installer.
1022 (d) Specialty installer.
1023 (e) Requalifier of cylinders.
1024 (f) Fabricator, repairer, and tester of vehicles and cargo
1026 (g) Category IV liquefied petroleum gas dispensing unit
1027 operator and recreational vehicle servicer.
1028 (h) Category V liquefied petroleum gases dealer for
1029 industrial uses only.
1030 (6) “Category I liquefied petroleum gas dealer” means any
1031 person selling or offering to sell by delivery or at a
1032 stationary location any liquefied petroleum gas to the ultimate
1033 consumer for industrial, commercial, or domestic use; any person
1034 leasing or offering to lease, or exchanging or offering to
1035 exchange, any apparatus, appliances, and equipment for the use
1036 of liquefied petroleum gas; any person installing, servicing,
1037 altering, or modifying apparatus, piping, tubing, appliances,
1038 and equipment for the use of liquefied petroleum or natural gas;
1039 any person installing carburetion equipment; or any person
1040 requalifying cylinders.
1041 (7) “Category II liquefied petroleum gas dispenser” means
1042 any person engaging in the business of operating a liquefied
1043 petroleum gas dispensing unit for the purpose of serving liquid
1044 products to the ultimate consumer for industrial, commercial, or
1045 domestic use, and selling or offering to sell, or leasing or
1046 offering to lease, apparatus, appliances, and equipment for the
1047 use of liquefied petroleum gas, including maintaining a cylinder
1048 storage rack at the licensed business location for the purpose
1049 of storing cylinders filled by the licensed business for sale or
1050 use at a later date.
1051 (8) “Category III liquefied petroleum gas cylinder exchange
1052 operator” means any person operating a storage facility used for
1053 the purpose of storing filled propane cylinders of not more than
1054 43.5 pounds propane capacity or 104 pounds water capacity, while
1055 awaiting sale to the ultimate consumer, or a facility used for
1056 the storage of empty or filled containers which have been
1057 offered for exchange.
1058 (9) “Category IV dealer in appliances and equipment
1059 liquefied petroleum gas dispenser and recreational vehicle
1060 servicer” means any person selling or offering to sell, or
1061 leasing or offering to lease, apparatus, appliances, and
1062 equipment for the use of liquefied petroleum gas engaging in the
1063 business of operating a liquefied petroleum gas dispensing unit
1064 for the purpose of serving liquid product to the ultimate
1065 consumer for industrial, commercial, or domestic use, and
1066 selling or offering to sell, or leasing or offering to lease,
1067 apparatus, appliances, and equipment for the use of liquefied
1068 petroleum gas, and whose services include the installation,
1069 service, or repair of recreational vehicle liquefied petroleum
1070 gas appliances and equipment.
1071 (10) “Category V LP gas installer” means any person who is
1072 engaged in the liquefied petroleum gas business and whose
1073 services include the installation, servicing, altering, or
1074 modifying of apparatus, piping, tubing, tanks, and equipment for
1075 the use of liquefied petroleum or natural gas and selling or
1076 offering to sell, or leasing or offering to lease, apparatus,
1077 appliances, and equipment for the use of liquefied petroleum or
1078 natural gas.
1079 (11) “Category VI miscellaneous operator” means any person
1080 who is engaged in operation as a manufacturer of LP gas
1081 appliances and equipment; a fabricator, repairer, and tester of
1082 vehicles and cargo tanks; a requalifier of LP gas cylinders; or
1083 a pipeline system operator Specialty installer” means any person
1084 involved in the installation, service, or repair of liquefied
1085 petroleum or natural gas appliances and equipment, and selling
1086 or offering to sell, or leasing or offering to lease, apparatus,
1087 appliances, and equipment for the use of liquefied petroleum
1088 gas, whose activities are limited to specific types of
1089 appliances and equipment as designated by department rule.
1090 (12) “Dealer in appliances and equipment for use of
1091 liquefied petroleum gas” means any person selling or offering to
1092 sell, or leasing or offering to lease, apparatus, appliances,
1093 and equipment for the use of liquefied petroleum gas.
1094 (12) (13) “Manufacturer of liquefied petroleum gas
1095 appliances and equipment” means any person in this state
1096 manufacturing and offering for sale or selling tanks, cylinders,
1097 or other containers and necessary appurtenances for use in the
1098 storage, transportation, or delivery of such gas to the ultimate
1099 consumer, or manufacturing and offering for sale or selling
1100 apparatus, appliances, and equipment for the use of liquefied
1101 petroleum gas to the ultimate consumer.
1102 (13) (14) “Wholesaler” means any person, as defined by
1103 subsection (2), selling or offering to sell any liquefied
1104 petroleum gas for industrial, commercial, or domestic use to any
1105 person except the ultimate consumer.
1106 (14) (15) “Requalifier of cylinders” means any person
1107 involved in the retesting, repair, qualifying, or requalifying
1108 of liquefied petroleum gas tanks or cylinders manufactured under
1109 specifications of the United States Department of Transportation
1110 or former Interstate Commerce Commission.
1111 (15) (16) “Fabricator, repairer, and tester of vehicles and
1112 cargo tanks” means any person involved in the hydrostatic
1113 testing, fabrication, repair, or requalifying of any motor
1114 vehicles or cargo tanks used for the transportation of liquefied
1115 petroleum gases, when such tanks are permanently attached to or
1116 forming a part of the motor vehicle.
1117 (17) “Recreational vehicle” means a motor vehicle designed
1118 to provide temporary living quarters for recreational, camping,
1119 or travel use, which has its own propulsion or is mounted on or
1120 towed by another motor vehicle.
1121 (16) (18) “Pipeline system operator” means any person who
1122 owns or operates a liquefied petroleum gas pipeline system that
1123 is used to transmit liquefied petroleum gas from a common source
1124 to the ultimate customer and that serves 10 or more customers.
1125 (19) “Category V liquefied petroleum gases dealer for
1126 industrial uses only” means any person engaged in the business
1127 of filling, selling, and transporting liquefied petroleum gas
1128 containers for use in welding, forklifts, or other industrial
1130 (17) (20) “License period year” means the period 1 to 3
1131 years from the issuance of the license from September 1 through
1132 the following August 31, or April 1 through the following March
1133 31, depending upon the type of license.
1134 Section 21. Section 527.02, Florida Statutes, is amended to
1136 527.02 License; penalty; fees.—
1137 (1) It is unlawful for any person to engage in this state
1138 in the activities defined in s. 527.01(6) through (11) of a
1139 pipeline system operator, category I liquefied petroleum gas
1140 dealer, category II liquefied petroleum gas dispenser, category
1141 III liquefied petroleum gas cylinder exchange operator, category
1142 IV liquefied petroleum gas dispenser and recreational vehicle
1143 servicer, category V liquefied petroleum gas dealer for
1144 industrial uses only, LP gas installer, specialty installer,
1145 dealer in liquefied petroleum gas appliances and equipment,
1146 manufacturer of liquefied petroleum gas appliances and
1147 equipment, requalifier of cylinders, or fabricator, repairer,
1148 and tester of vehicles and cargo tanks without first obtaining
1149 from the department a license to engage in one or more of these
1150 businesses. The sale of liquefied petroleum gas cylinders with a
1151 volume of 10 pounds water capacity or 4.2 pounds liquefied
1152 petroleum gas capacity or less is exempt from the requirements
1153 of this chapter. It is a felony of the third degree, punishable
1154 as provided in s. 775.082, s. 775.083, or s. 775.084, to
1155 intentionally or willfully engage in any of said activities
1156 without first obtaining appropriate licensure from the
1158 (2) Each business location of a person having multiple
1159 locations must shall be separately licensed and must meet the
1160 requirements of this section. Such license shall be granted to
1161 any applicant determined by the department to be competent,
1162 qualified, and trustworthy who files with the department a
1163 surety bond, insurance affidavit, or other proof of insurance,
1164 as hereinafter specified, and pays for such license the
1165 following annual license original application fee for new
1166 licenses and annual renewal fees for existing licenses:
1168 License Category License Original Application Fee Per Year RenewalFee
1169 Category I liquefiedpetroleum gasdealer $400 $525 $425
1170 Category II liquefiedpetroleum gasdispenser $400 525 375
1171 Category IIIliquefied petroleumgas cylinderexchange unitoperator $65 100 65
1172 Category IVdealer in appliances and equipment liquefied petroleumgas dispenser andrecreational vehicleservicer $65 525 400
1173 Category V LP gas installer liquefiedpetroleum gasesdealer for industrialuses only $200 300 200
1174 Category VI miscellaneous operator LP gasinstaller $200 300 200
1175 Specialtyinstaller 300 200
1176 Dealer in appliances and equipmentfor use of liquefiedpetroleum gas 50 45
1177 Manufacturer ofliquefied petroleumgas appliances andequipment 525 375
1178 Requalifier ofcylinders 525 375
1179 Fabricator, repairer,and tester ofvehicles andcargo tanks 525 375
1182 (3)(a) An applicant for an original license who submits an
1183 application during the last 6 months of the license year may
1184 have the original license fee reduced by one-half for the 6
1185 month period. This provision applies only to those companies
1186 applying for an original license and may not be applied to
1187 licensees who held a license during the previous license year
1188 and failed to renew the license. The department may refuse to
1189 issue an initial license to an applicant who is under
1190 investigation in any jurisdiction for an action that would
1191 constitute a violation of this chapter until such time as the
1192 investigation is complete.
1193 (b) The department shall waive the initial license fee for
1194 1 year for an honorably discharged veteran of the United States
1195 Armed Forces, the spouse of such a veteran, or a business entity
1196 that has a majority ownership held by such a veteran or spouse
1197 if the department receives an application, in a format
1198 prescribed by the department, within 60 months after the date of
1199 the veteran’s discharge from any branch of the United States
1200 Armed Forces. To qualify for the waiver, a veteran must provide
1201 to the department a copy of his or her DD Form 214, as issued by
1202 the United States Department of Defense or another acceptable
1203 form of identification as specified by the Department of
1204 Veterans’ Affairs; the spouse of a veteran must provide to the
1205 department a copy of the veteran’s DD Form 214, as issued by the
1206 United States Department of Defense, or another acceptable form
1207 of identification as specified by the Department of Veterans’
1208 Affairs, and a copy of a valid marriage license or certificate
1209 verifying that he or she was lawfully married to the veteran at
1210 the time of discharge; or a business entity must provide to the
1211 department proof that a veteran or the spouse of a veteran holds
1212 a majority ownership in the business, a copy of the veteran’s DD
1213 Form 214, as issued by the United States Department of Defense,
1214 or another acceptable form of identification as specified by the
1215 Department of Veterans’ Affairs, and, if applicable, a copy of a
1216 valid marriage license or certificate verifying that the spouse
1217 of the veteran was lawfully married to the veteran at the time
1218 of discharge.
1219 (4) Any licensee submitting a material change in their
1220 information for licensing, before the date for renewal, must
1221 submit such change to the department in the manner prescribed by
1222 the department, along with a fee in the amount of $10 Any person
1223 applying for a liquefied petroleum gas license as a specialty
1224 installer, as defined by s. 527.01(11), shall upon application
1225 to the department identify the specific area of work to be
1226 performed. Upon completion of all license requirements set forth
1227 in this chapter, the department shall issue the applicant a
1228 license specifying the scope of work, as identified by the
1229 applicant and defined by rule of the department, for which the
1230 person is authorized.
1231 (5) The license fee for a pipeline system operator shall be
1232 $100 per system owned or operated by the person, not to exceed
1233 $400 per license year. Such license fee applies only to a
1234 pipeline system operator who owns or operates a liquefied
1235 petroleum gas pipeline system that is used to transmit liquefied
1236 petroleum gas from a common source to the ultimate customer and
1237 that serves 10 or more customers.
1238 (5) (6) The department shall adopt promulgate rules
1239 specifying acts deemed by the department to demonstrate a lack
1240 of trustworthiness to engage in activities requiring a license
1241 or qualifier identification card under this section.
1242 (7) Any license issued by the department may be transferred
1243 to any person, firm, or corporation for the remainder of the
1244 current license year upon written request to the department by
1245 the original licenseholder. Prior to approval of any transfer,
1246 all licensing requirements of this chapter must be met by the
1247 transferee. A license transfer fee of $50 shall be charged for
1248 each such transfer.
1249 Section 22. Section 527.0201, Florida Statutes, is amended
1250 to read:
1251 527.0201 Qualifiers; master qualifiers; examinations.—
1252 (1) In addition to the requirements of s. 527.02, any
1253 person applying for a license to engage in category I, category
1254 II, or category V the activities of a pipeline system operator,
1255 category I liquefied petroleum gas dealer, category II liquefied
1256 petroleum gas dispenser, category IV liquefied petroleum gas
1257 dispenser and recreational vehicle servicer, category V
1258 liquefied petroleum gases dealer for industrial uses only, LP
1259 gas installer, specialty installer, requalifier of cylinders, or
1260 fabricator, repairer, and tester of vehicles and cargo tanks
1261 must prove competency by passing a written examination
1262 administered by the department or its agent with a grade of 70
1263 75 percent or above in each area tested. Each applicant for
1264 examination shall submit a $20 nonrefundable fee. The department
1265 shall by rule specify the general areas of competency to be
1266 covered by each examination and the relative weight to be
1267 assigned in grading each area tested.
1268 (2) Application for examination for competency may be made
1269 by an individual or by an owner, a partner, or any person
1270 employed by the license applicant. Upon successful completion of
1271 the competency examination, the department shall register issue
1272 a qualifier identification card to the examinee.
1273 (a) Qualifier registration automatically expires if
1274 identification cards, except those issued to category I
1275 liquefied petroleum gas dealers and liquefied petroleum gas
1276 installers, shall remain in effect as long as the individual
1277 shows to the department proof of active employment in the area
1278 of examination and all continuing education requirements are
1279 met. Should the individual terminates terminate active
1280 employment in the area of examination for a period exceeding 24
1281 months, or fails fail to provide documentation of continuing
1282 education , the individual’s qualifier status shall automatically
1283 expire. If the qualifier registration status has expired, the
1284 individual must apply for and successfully complete an
1285 examination by the department in order to reestablish qualifier
1287 (b) Every business organization in license category I,
1288 category II, or category V shall employ at all times a full-time
1289 qualifier who has successfully completed an examination in the
1290 corresponding category of the license held by the business
1291 organization. A person may not act as a qualifier for more than
1292 one licensed location.
1293 (3) Qualifier registration expires cards issued to category
1294 I liquefied petroleum gas dealers and liquefied petroleum gas
1295 installers shall expire 3 years after the date of issuance. All
1296 category I liquefied petroleum gas dealer qualifiers and
1297 liquefied petroleum gas installer qualifiers holding a valid
1298 qualifier card upon the effective date of this act shall retain
1299 their qualifier status until July 1, 2003, and may sit for the
1300 master qualifier examination at any time during that time
1301 period. All such category I liquefied petroleum gas dealer
1302 qualifiers and liquefied petroleum gas installer qualifiers may
1303 renew their qualification on or before July 1, 2003, upon
1304 application to the department, payment of a $20 renewal fee, and
1305 documentation of the completion of a minimum of 16 hours of
1306 approved continuing education courses, as defined by department
1307 rule, during the previous 3-year period. Applications for
1308 renewal must be made 30 calendar days before expiration. Persons
1309 failing to renew before the expiration date must reapply and
1310 take a qualifier competency examination in order to reestablish
1311 category I liquefied petroleum gas dealer qualifier and
1312 liquefied petroleum gas installer qualifier status. If a
1313 category I liquefied petroleum gas qualifier or liquefied
1314 petroleum gas installer qualifier becomes a master qualifier at
1315 any time during the effective date of the qualifier card, the
1316 card shall remain in effect until expiration of the master
1317 qualifier certification.
1318 (4) A qualifier for a business organization involved in
1319 installation, repair, maintenance, or service of liquefied
1320 petroleum gas appliances, equipment, or systems must actually
1321 function in a supervisory capacity of other company employees
1322 performing licensed activities installing, repairing,
1323 maintaining, or servicing liquefied petroleum gas appliances,
1324 equipment, or systems. A separate qualifier shall be required
1325 for every 10 such employees. Additional qualifiers are required
1326 for those business organizations employing more than 10
1327 employees that install, repair, maintain, or service liquefied
1328 petroleum gas equipment and systems.
1329 (5) In addition to all other licensing requirements, each
1330 category I and category V licensee liquefied petroleum gas
1331 dealer and liquefied petroleum gas installer must, at the time
1332 of application for licensure, identify to the department one
1333 master qualifier who is a full-time employee at the licensed
1334 location. This person shall be a manager, owner, or otherwise
1335 primarily responsible for overseeing the operations of the
1336 licensed location and must provide documentation to the
1337 department as provided by rule. The master qualifier requirement
1338 shall be in addition to the requirements of subsection (1).
1339 (a) In order to apply for certification as a master
1340 qualifier, each applicant must have been a registered be a
1341 category I liquefied petroleum gas dealer qualifier or liquefied
1342 petroleum gas installer qualifier for a minimum of 3 years
1343 immediately preceding submission of the application, must be
1344 employed by a licensed category I or category V licensee
1345 liquefied petroleum gas dealer, liquefied petroleum gas
1346 installer, or applicant for such license, must provide
1347 documentation of a minimum of 1 year’s work experience in the
1348 gas industry, and must pass a master qualifier competency
1349 examination. Master qualifier examinations shall be based on
1350 Florida’s laws, rules, and adopted codes governing liquefied
1351 petroleum gas safety, general industry safety standards, and
1352 administrative procedures. The applicant must successfully pass
1353 the examination with a grade of 70 75 percent or above. Each
1354 applicant for master qualifier registration status must submit
1355 to the department a nonrefundable $30 examination fee before the
1357 (b) Upon successful completion of the master qualifier
1358 examination, the department shall issue the examinee a
1359 certificate of master qualifier registration status which shall
1360 include the name of the licensed company for which the master
1361 qualifier is employed. A master qualifier may transfer from one
1362 licenseholder to another upon becoming employed by the company
1363 and providing a written request to the department.
1364 (c) A master qualifier registration expires status shall
1365 expire 3 years after the date of issuance of the certificate and
1366 may be renewed by submission to the department of documentation
1367 of completion of at least 16 hours of approved continuing
1368 education courses during the 3-year period; proof of employment
1369 with a licensed category I liquefied petroleum gas dealer,
1370 liquefied petroleum gas installer, or applicant; and a $30
1371 certificate renewal fee. The department shall define , by rule ,
1372 approved courses of continuing education.
1373 (d) Each category I liquefied petroleum gas dealer or
1374 liquefied petroleum gas installer licensed as of August 31,
1375 2000, shall identify to the department one current category I
1376 liquefied petroleum gas dealer qualifier or liquefied petroleum
1377 gas installer qualifier who will be the designated master
1378 qualifier for the licenseholder. Such individual must provide
1379 proof of employment for 3 years or more within the liquefied
1380 petroleum gas industry, and shall, upon approval of the
1381 department, be granted a master qualifier certificate. All other
1382 requirements with regard to master qualifier certificate
1383 expiration, renewal, and continuing education shall apply.
1384 (6) A vacancy in a qualifier or master qualifier position
1385 in a business organization which results from the departure of
1386 the qualifier or master qualifier shall be immediately reported
1387 to the department by the departing qualifier or master qualifier
1388 and the licensed company.
1389 (a) If a business organization no longer possesses a duly
1390 designated qualifier, as required by this section, its liquefied
1391 petroleum gas licenses shall be suspended by order of the
1392 department after 20 working days. The license shall remain
1393 suspended until a competent qualifier has been employed, the
1394 order of suspension terminated by the department, and the
1395 license reinstated. A vacancy in the qualifier position for a
1396 period of more than 20 working days shall be deemed to
1397 constitute an immediate threat to the public health, safety, and
1398 welfare. Failure to obtain a replacement qualifier within 60
1399 days after the vacancy occurs shall be grounds for revocation of
1400 licensure or eligibility for licensure.
1401 (b) Any category I or category V licensee liquefied
1402 petroleum gas dealer or LP gas installer who no longer possesses
1403 a master qualifier but currently employs a category I liquefied
1404 petroleum gas dealer or LP gas installer qualifier as required
1405 by this section , has shall have 60 days within which to replace
1406 the master qualifier. If the company fails to replace the master
1407 qualifier within the 60-day time period, the license of the
1408 company shall be suspended by order of the department. The
1409 license shall remain suspended until a competent master
1410 qualifier has been employed, the order of suspension has been
1411 terminated by the department, and the license reinstated.
1412 Failure to obtain a replacement master qualifier within 90 days
1413 after the vacancy occurs shall be grounds for revocation of
1414 licensure or eligibility for licensure.
1415 (7) The department may deny, refuse to renew, suspend, or
1416 revoke any qualifier card or master qualifier registration
1417 certificate for any of the following causes:
1418 (a) Violation of any provision of this chapter or any rule
1419 or order of the department;
1420 (b) Falsification of records relating to the qualifier card
1421 or master qualifier registration certificate; or
1422 (c) Failure to meet any of the renewal requirements.
1423 (8) Any individual having competency qualifications on file
1424 with the department may request the transfer of such
1425 qualifications to any existing licenseholder by making a written
1426 request to the department for such transfer. Any individual
1427 having a competency examination on file with the department may
1428 use such examination for a new license application after making
1429 application in writing to the department. All examinations are
1430 confidential and exempt from the provisions of s. 119.07(1).
1431 (9) If a duplicate license, qualifier card, or master
1432 qualifier registration certificate is requested by the licensee,
1433 a fee of $10 must be received before issuance of the duplicate
1434 license or certificate card. If a facsimile transmission of an
1435 original license is requested, upon completion of the
1436 transmission a fee of $10 must be received by the department
1437 before the original license may be mailed to the requester.
1438 (10) All revenues collected herein shall be deposited in
1439 the General Inspection Trust Fund for the purpose of
1440 administering the provisions of this chapter.
1441 Section 23. Section 527.021, Florida Statutes, is amended
1442 to read:
1443 527.021 Registration of transport vehicles.—
1444 (1) Each liquefied petroleum gas bulk delivery vehicle
1445 owned or leased by a liquefied petroleum gas licensee must be
1446 registered with the department as part of the licensing
1447 application or when placed into service annually.
1448 (2) For the purposes of this section, a “liquefied
1449 petroleum gas bulk delivery vehicle” means any vehicle that is
1450 used to transport liquefied petroleum gas on any public street
1451 or highway as liquid cargo in a cargo tank, which tank is
1452 mounted on a conventional truck chassis or is an integral part
1453 of a transporting vehicle in which the tank constitutes, in
1454 whole or in part, the stress member used as a frame and is a
1455 permanent part of the transporting vehicle.
1456 (3) Vehicle registrations shall be submitted by the vehicle
1457 owner or lessee in conjunction with the annual renewal of his or
1458 her liquefied petroleum gas license, but no later than August 31
1459 of each year. A dealer who fails to register a vehicle with the
1460 department does not submit the required vehicle registration by
1461 August 31 of each year is subject to the penalties in s. 527.13.
1462 (4) The department shall issue a decal to be placed on each
1463 vehicle that is inspected by the department and found to be in
1464 compliance with applicable codes.
1465 Section 24. Section 527.03, Florida Statutes, is amended to
1467 527.03 Annual Renewal of license.—All licenses required
1468 under this chapter shall be renewed annually, biennially, or
1469 triennially, as elected by the licensee, subject to the license
1470 fees prescribed in s. 527.02. All renewals must meet the same
1471 requirements and conditions as an annual license for each
1472 licensed year All licenses, except Category III Liquefied
1473 Petroleum Gas Cylinder Exchange Unit Operator licenses and
1474 Dealer in Appliances and Equipment for Use of Liquefied
1475 Petroleum Gas licenses, shall be renewed for the period
1476 beginning September 1 and shall expire on the following August
1477 31 unless sooner suspended, revoked, or otherwise terminated.
1478 Category III Liquefied Petroleum Gas Cylinder Exchange Unit
1479 Operator licenses and Dealer in Appliances and Equipment for Use
1480 of Liquefied Petroleum Gas licenses shall be renewed for the
1481 period beginning April 1 and shall expire on the following March
1482 31 unless sooner suspended, revoked, or otherwise terminated.
1483 Any license allowed to expire will shall become inoperative
1484 because of failure to renew. The fee for restoration of a
1485 license is equal to the original license fee and must be paid
1486 before the licensee may resume operations.
1487 Section 25. Section 527.04, Florida Statutes, is amended to
1489 527.04 Proof of insurance required.—
1490 (1) Before any license is issued, except to a category IV
1491 dealer in appliances and equipment for use of liquefied
1492 petroleum gas or a category III liquefied petroleum gas cylinder
1493 exchange operator, the applicant must deliver to the department
1494 satisfactory evidence that the applicant is covered by a primary
1495 policy of bodily injury liability and property damage liability
1496 insurance that covers the products and operations with respect
1497 to such business and is issued by an insurer authorized to do
1498 business in this state for an amount not less than $1 million
1499 and that the premium on such insurance is paid. An insurance
1500 certificate, affidavit, or other satisfactory evidence of
1501 acceptable insurance coverage shall be accepted as proof of
1502 insurance. In lieu of an insurance policy, the applicant may
1503 deliver a good and sufficient bond in the amount of $1 million,
1504 payable to the Commissioner of Agriculture Governor of Florida,
1505 with the applicant as principal and a surety company authorized
1506 to do business in this state as surety. The bond must be
1507 conditioned upon the applicant’s compliance with this chapter
1508 and the rules of the department with respect to the conduct of
1509 such business and shall indemnify and hold harmless all persons
1510 from loss or damage by reason of the applicant’s failure to
1511 comply. However, the aggregated liability of the surety may not
1512 exceed $1 million. If the insurance policy is canceled or
1513 otherwise terminated or the bond becomes insufficient, the
1514 department may require new proof of insurance or a new bond to
1515 be filed, and if the licenseholder fails to comply, the
1516 department shall cancel the license issued and give the
1517 licenseholder written notice that it is unlawful to engage in
1518 business without a license. A new bond is not required as long
1519 as the original bond remains sufficient and in force. If the
1520 licenseholder’s insurance coverage as required by this
1521 subsection is canceled or otherwise terminated, the insurer must
1522 notify the department within 30 days after the cancellation or
1524 (2) Before any license is issued to a category class III
1525 liquefied petroleum gas cylinder exchange operator, the
1526 applicant must deliver to the department satisfactory evidence
1527 that the applicant is covered by a primary policy of bodily
1528 injury liability and property damage liability insurance that
1529 covers the products and operations with respect to the business
1530 and is issued by an insurer authorized to do business in this
1531 state for an amount not less than $300,000 and that the premium
1532 on the insurance is paid. An insurance certificate, affidavit,
1533 or other satisfactory evidence of acceptable insurance coverage
1534 shall be accepted as proof of insurance. In lieu of an insurance
1535 policy, the applicant may deliver a good and sufficient bond in
1536 the amount of $300,000, payable to the Commissioner of
1537 Agriculture Governor, with the applicant as principal and a
1538 surety company authorized to do business in this state as
1539 surety. The bond must be conditioned upon the applicant’s
1540 compliance with this chapter and the rules of the department
1541 with respect to the conduct of such business and must indemnify
1542 and hold harmless all persons from loss or damage by reason of
1543 the applicant’s failure to comply. However, the aggregated
1544 liability of the surety may not exceed $300,000. If the
1545 insurance policy is canceled or otherwise terminated or the bond
1546 becomes insufficient, the department may require new proof of
1547 insurance or a new bond to be filed, and if the licenseholder
1548 fails to comply, the department shall cancel the license issued
1549 and give the licenseholder written notice that it is unlawful to
1550 engage in business without a license. A new bond is not required
1551 as long as the original bond remains sufficient and in force. If
1552 the licenseholder’s insurance coverage required by this
1553 subsection is canceled or otherwise terminated, the insurer must
1554 notify the department within 30 days after the cancellation or
1556 (3) Any person having a cause of action on the bond may
1557 bring suit against the principal and surety, and a copy of such
1558 bond duly certified by the department shall be received in
1559 evidence in the courts of this state without further proof. The
1560 department shall furnish a certified copy of the such bond upon
1561 payment to it of its lawful fee for making and certifying such
1563 Section 26. Section 527.0605, Florida Statutes, is amended
1564 to read:
1565 527.0605 Liquefied petroleum gas bulk storage locations;
1567 (1) The provisions of this chapter shall apply to liquefied
1568 petroleum gas bulk storage locations when:
1569 (a) A single container in the bulk storage location has a
1570 capacity of 2,000 gallons or more;
1571 (b) The aggregate container capacity of the bulk storage
1572 location is 4,000 gallons or more; or
1573 (c) A container or containers are installed for the purpose
1574 of serving the public the liquid product.
1575 (2) Prior to the installation of any bulk storage
1576 container, the licensee must submit to the department a site
1577 plan of the facility which shows the proposed location of the
1578 container and must obtain written approval of such location from
1579 the department.
1580 (3) A fee of $200 shall be assessed for each site plan
1581 reviewed by the division. The review shall include
1582 preconstruction inspection of the proposed site, plan review,
1583 and final inspection of the completed facility.
1584 (2) (4) No newly installed container may be placed in
1585 operation until it has been inspected and approved by the
1587 Section 27. Subsection (1) of section 527.065, Florida
1588 Statutes, is amended to read:
1589 527.065 Notification of accidents; leak calls.—
1590 (1) Immediately upon discovery, all liquefied petroleum gas
1591 licensees shall notify the department of any liquefied petroleum
1592 gas-related accident involving a liquefied petroleum gas
1593 licensee or customer account:
1594 (a) Which caused a death or personal injury requiring
1595 professional medical treatment;
1596 (b) Where uncontrolled ignition of liquefied petroleum gas
1597 resulted in death, personal injury, or property damage exceeding
1598 $3,000 $1,000; or
1599 (c) Which caused estimated damage to property exceeding
1600 $3,000 $1,000.
1601 Section 28. Subsection (3) is added to section 527.067,
1602 Florida Statutes, to read:
1603 527.067 Responsibilities of persons engaged in servicing
1604 liquefied petroleum gas equipment and systems and consumers, end
1605 users, or owners of liquefied petroleum gas equipment or
1607 (3) A category I liquefied petroleum gas dealer may not
1608 render a consumer’s liquefied petroleum gas equipment or system
1609 inoperable or discontinue service without providing written or
1610 electronic notification to the consumer at least 5 business days
1611 before rendering the liquefied petroleum gas equipment or system
1612 inoperable or discontinuing service. This notification does not
1613 apply in the event of a hazardous condition known to the
1614 category I liquefied petroleum gas dealer.
1615 Section 29. Section 527.10, Florida Statutes, is amended to
1617 527.10 Restriction on use of unsafe container or system.—No
1618 liquefied petroleum gas shall be introduced into or removed from
1619 any container or system in this state that has been identified
1620 by the department or its duly authorized inspectors as not
1621 complying with the rules pertaining to such container or system,
1622 until such violations as specified have been satisfactorily
1623 corrected and authorization for continued service or removal
1624 granted by the department. A statement of violations of the
1625 rules that render such a system unsafe for use shall be
1626 furnished in writing by the department to the ultimate consumer
1627 or dealer in liquefied petroleum gas.
1628 Section 30. Subsections (3) and (17) of section 527.21,
1629 Florida Statutes, are amended to read:
1630 527.21 Definitions relating to Florida Propane Gas
1631 Education, Safety, and Research Act.—As used in ss. 527.20
1632 527.23, the term:
1633 (3) “Dealer” means a business engaged primarily in selling
1634 propane gas and its appliances and equipment to the ultimate
1635 consumer or to retail propane gas dispensers.
1636 (17) “Wholesaler” or “reseller” means a seller of propane
1637 gas who is not a producer and who does not sell propane gas to
1638 the ultimate consumer.
1639 Section 31. Paragraph (a) of subsection (2) of section
1640 527.22, Florida Statutes, is amended to read:
1641 527.22 Florida Propane Gas Education, Safety, and Research
1642 Council established; membership; duties and responsibilities.—
1643 (2)(a) Within 90 days after the effective date of this act,
1644 the commissioner shall make a call to qualified industry
1645 organizations for nominees to the council. The commissioner
1646 shall appoint members of the council from a list of nominees
1647 submitted by qualified industry organizations. The commissioner
1648 may require such reports or documentation as is necessary to
1649 document the nomination process for members of the council.
1650 Qualified industry organizations, in making nominations, and the
1651 commissioner, in making appointments, shall give due regard to
1652 selecting a council that is representative of the industry and
1653 the geographic regions of the state. Other than the public
1654 member, council members must be full-time employees or owners of
1655 propane gas producers or dealers doing business in this state.
1656 Section 32. Section 531.67, Florida Statutes, is amended to
1658 531.67 Expiration of sections.—Sections 531.60, 531.61,
1659 531.62, 531.63, 531.64, 531.65, and 531.66 shall expire July 1,
1660 2025 2020.
1661 Section 33. Section 534.47, Florida Statutes, is amended to
1663 534.47 Definitions.—As used in ss. 534.48-534.54, the term
1664 ss. 534.48-534.53:
1665 (1) “Dealer” means a person, not a market agency, engaged
1666 in the business of buying or selling in commerce livestock
1667 either on his or her own account or as the employee or agent of
1668 a vendor or purchaser.
1669 (2) (1) “Department” means the Department of Agriculture and
1670 Consumer Services.
1671 (3) “Livestock” has the same meaning as in s. 585.01(13).
1672 (4) (2) “Livestock market” means any location in the state
1673 where livestock is assembled and sold at public auction or on a
1674 commission basis during regularly scheduled or special sales.
1675 The term “livestock market” does shall not include private farms
1676 or ranches or sales made at livestock shows, fairs, exhibitions,
1677 or special breed association sales.
1678 (5) “Packer” means a person engaged in the business of
1679 buying livestock in commerce for purposes of slaughter, or of
1680 manufacturing or preparing meats or meat food products for sale
1681 or shipment in commerce, or of marketing meats, meat food
1682 products, or livestock products in an unmanufactured form acting
1683 as a wholesaler broker, dealer, or distributor in commerce.
1684 (6) “Purchaser” means a person, partnership, firm,
1685 corporation, or other organization owning, managing, producing,
1686 or dealing in livestock, including, but not limited to, a packer
1687 or dealer, that buys livestock for breeding, feeding, reselling,
1688 slaughter, or other purpose.
1689 (7) “Registered and approved livestock market” means a
1690 livestock market fully registered, bonded, and approved as a
1691 market agency pursuant to the Stockyards Act and governing
1692 regulations of the United States Department of Agriculture Grain
1693 Inspection, Packers and Stockyards Administration.
1694 (8) “Seller” means a person, partnership, firm,
1695 corporation, or other organization owning, managing, producing,
1696 financing, or dealing in livestock, including, but not limited
1697 to, a registered and approved livestock market as consignee or a
1698 dealer, that sells livestock for breeding, feeding, reselling,
1699 slaughter, or other purpose.
1700 (9) “Stockyards Act” means the Packers and Stockyards Act
1701 of 1921, 7 U.S.C. ss. 181–229 and the regulations promulgated
1702 pursuant to that act under 9 C.F.R. part 201.
1703 (3) “Buyer” means the party to whom title of livestock
1704 passes or who is responsible for the purchase price of
1705 livestock, including, but not limited to, producers, dealers,
1706 meat packers, or order buyers.
1707 Section 34. Section 534.49, Florida Statutes, is amended to
1709 534.49 Livestock drafts; effect.—For the purposes of this
1710 section, a livestock draft given as payment at a livestock
1711 auction market for a livestock purchase shall not be deemed an
1712 express extension of credit to the purchaser buyer and shall not
1713 defeat the creation of a lien on such an animal and its carcass,
1714 and all products therefrom, and all proceeds thereof, to secure
1715 all or a part of its sales price, as provided in s. 534.54(3) s.
1717 Section 35. Section 534.50, Florida Statutes, is repealed.
1718 Section 36. Section 534.501, Florida Statutes, is amended
1719 to read:
1720 534.501 Livestock draft; Unlawful to delay or failure in
1721 payment.—It is shall be unlawful for the purchaser of livestock
1722 to delay or fail in rendering payment for livestock to a seller
1723 of cattle as provided in s. 534.54. A person who violates this
1724 section commits an unfair or deceptive act or practice as
1725 specified in s. 501.204 payment of the livestock draft upon
1726 presentation of said draft at the payor’s bank. Nothing
1727 contained in this section shall be construed to preclude a
1728 payor’s right to refuse payment of an unauthorized draft.
1729 Section 37. Section 534.51, Florida Statutes, is repealed.
1730 Section 38. Section 534.54, Florida Statutes, is amended to
1732 534.54 Cattle or hog processors; prompt payment; penalty;
1734 (1) As used in this section:
1735 (a) “Livestock” means cattle or hogs.
1736 (b) “Meat processor” means a person, corporation,
1737 association, or other legal entity engaged in the business of
1738 slaughtering cattle or hogs.
1739 (1) (2)(a) A purchaser that meat processor who purchases
1740 livestock from a seller , or any person, corporation,
1741 association, or other legal entity who purchases livestock from
1742 a seller for slaughter, shall make payment by cash or check for
1743 the purchase price of the livestock and actually deliver the
1744 cash or check to the seller or her or his representative at the
1745 location where the purchaser takes physical possession of the
1746 livestock on the day the transfer of possession occurs or by
1747 shall wire transfer of funds on the business day within which
1748 the possession of the said livestock is transferred. However, if
1749 the transfer of possession is accomplished after normal banking
1750 hours, said payment shall be made in the manner herein provided
1751 in this subsection no not later than the close of the first
1752 business day following the said transfer of possession. In the
1753 case of “grade and yield ” selling, the purchaser shall make
1754 payment by wire transfer of funds or by personal or cashier’s
1755 check by registered mail postmarked no not later than the close
1756 of the first business day following determination of “grade and
1757 yield. ”
1758 (b) All instruments issued in payment as required by this
1759 section hereunder shall be drawn on banking institutions which
1760 are so located as not artificially to delay collection of funds
1761 through the mail or otherwise cause an undue lapse of time in
1762 the clearance process.
1763 (2) (3) In all cases in which A purchaser of who purchases
1764 livestock that for slaughter from a seller fails to comply with
1765 subsection (1) make payment for the livestock as required by
1766 this section or artificially delays collection of funds for the
1767 payment of the livestock , the purchaser shall be liable to pay
1768 the seller owner of the livestock, in addition to the price of
1769 the livestock:
1770 (a) Twelve percent damages on the amount of the price.
1771 (b) Interest on the purchase price of the livestock at the
1772 highest legal rate from and after the transfer of possession
1773 until payment is made as required by this section.
1774 (c) A Reasonable attorney fees, court costs, and expenses
1775 attorney’s fee for the prosecution of collection of the payment.
1776 (3) (4)(a) A seller that Any person, partnership, firm,
1777 corporation, or other organization which sells livestock to a
1778 purchaser shall have a lien on such animal and its carcass, all
1779 products therefrom, and all proceeds thereof to secure all or a
1780 part of its sales price.
1781 (b) The lien provided in this subsection shall be deemed to
1782 have attached and to be perfected upon delivery of the livestock
1783 to the purchaser without further action, and such lien shall
1784 continue in the livestock and its carcass, all products
1785 therefrom, and all proceeds thereof without regard to possession
1786 thereof by the party entitled to such lien without further
1788 (c) If the livestock or its carcass or products therefrom
1789 are so commingled with other livestock, carcasses, or products
1790 so that the identity thereof is lost, then the lien granted in
1791 this subsection shall extend to the same effect as if same had
1792 been perfected originally in all such animals, carcasses, and
1793 products with which it has become commingled. However, all liens
1794 so extended under this paragraph to such commingled livestock,
1795 carcasses, and products shall be on a parity with one another,
1796 and, with respect to such commingled carcasses or products upon
1797 which a lien or liens have been so extended under this
1798 paragraph, no such lien shall be enforceable as against any
1799 purchaser without actual knowledge thereof purchasing one or
1800 more of such carcasses or products in the ordinary course of
1801 trade or business from the party having commingled such
1802 carcasses or products or against any subsequent transferee from
1803 such purchaser, but in the event of such sale, such lien shall
1804 instead extend to the proceeds of such sale.
1805 Section 39. Subsection (46) is added to section 570.07,
1806 Florida Statutes, to read:
1807 570.07 Department of Agriculture and Consumer Services;
1808 functions, powers, and duties.—The department shall have and
1809 exercise the following functions, powers, and duties:
1810 (46) During a state of emergency declared pursuant to s.
1811 252.36, to waive fees by emergency order for duplicate copies or
1812 renewal of permits, licenses, certifications, or other similar
1813 types of authorizations during a period specified by the
1815 Section 40. Section 573.111, Florida Statutes, is amended
1816 to read:
1817 573.111 Notice of effective date of marketing order.—Before
1818 the issuance of any marketing order, or any suspension,
1819 amendment, or termination thereof, a notice must shall be posted
1820 on a public bulletin board to be maintained by the department in
1821 the Division of Marketing and Development of the department in
1822 the Nathan Mayo Building, Tallahassee, Leon County, and a copy
1823 of the notice shall be posted on the department website the same
1824 date that the notice is posted on the bulletin board. A No
1825 marketing order, or any suspension, amendment, or termination
1826 thereof, may not shall become effective until the termination of
1827 a period of 5 days after from the date of posting and
1829 Section 41. Section 578.011, Florida Statutes, is amended
1830 to read:
1831 578.011 Definitions; Florida Seed Law.—When used in this
1832 chapter, the term:
1833 (1) “Advertisement” means all representations, other than
1834 those on the label, disseminated in any manner or by any means,
1835 relating to seed within the scope of this law.
1836 (2) “Agricultural seed” includes the seed of grass, forage,
1837 cereal and fiber crops, and chufas and any other seed commonly
1838 recognized within the state as agricultural seed, lawn seed, and
1839 combinations of such seed, and may include identified noxious
1840 weed seed when the department determines that such seed is being
1841 used as agricultural seed or field seed and mixtures of such
1843 (3) “Blend” means seed consisting of more than one variety
1844 of one kind, each present in excess of 5 percent by weight of
1845 the whole.
1846 (4) “Buyer” means a person who purchases agricultural,
1847 vegetable, flower, tree, or shrub seed in packaging of 1,000
1848 seeds or more by count.
1849 (5) “Brand” means a distinguishing word, name, symbol,
1850 number, or design used to identify seed produced, packaged,
1851 advertised, or offered for sale by a particular person.
1852 (6) (3) “Breeder seed” means a class of certified seed
1853 directly controlled by the originating or sponsoring plant
1854 breeding institution or person, or designee thereof, and is the
1855 source for the production of seed of the other classes of
1856 certified seed that are released directly from the breeder or
1857 experiment station that develops the seed. These seed are one
1858 class above foundation seed.
1859 (7) (4) “Certified seed ,” means a class of seed which is the
1860 progeny of breeder, foundation, or registered seed “registered
1861 seed,” and “foundation seed” mean seed that have been produced
1862 and labeled in accordance with the procedures and in compliance
1863 with the rules and regulations of any agency authorized by the
1864 laws of this state or the laws of another state.
1865 (8) “Certifying agency” means:
1866 (a) An agency authorized under the laws of a state,
1867 territory, or possession of the United States to officially
1868 certify seed and which has standards and procedures approved by
1869 the United States Secretary of Agriculture to assure the genetic
1870 purity and identity of the seed certified; or
1871 (b) An agency of a foreign country that the United States
1872 Secretary of Agriculture has determined as adhering to
1873 procedures and standards for seed certification comparable to
1874 those adhered to generally by seed certifying agencies under
1875 paragraph (a).
1876 (9) “Coated seed” means seed that has been covered by a
1877 layer of materials that obscures the original shape and size of
1878 the seed and substantially increases the weight of the product.
1879 The addition of biologicals, pesticides, identifying colorants
1880 or dyes, or other active ingredients including polymers may be
1881 included in this process.
1882 (10) (5) “Date of test” means the month and year the
1883 percentage of germination appearing on the label was obtained by
1884 laboratory test.
1885 (11) (6) “Dealer” means any person who sells or offers for
1886 sale any agricultural, vegetable, flower, or forest tree, or
1887 shrub seed for seeding purposes, and includes farmers who sell
1888 cleaned, processed, packaged, and labeled seed.
1889 (12) (7) “Department” means the Department of Agriculture
1890 and Consumer Services or its authorized representative.
1891 (13) (8) “Dormant seed” refers to viable seed, other than
1892 hard seed, which neither germinate nor decay during the
1893 prescribed test period and under the prescribed test conditions.
1894 (14) (9) “Flower seed” includes seed of herbaceous plants
1895 grown for blooms, ornamental foliage, or other ornamental parts,
1896 and commonly known and sold under the name of flower or
1897 wildflower seed in this state.
1898 (10) “Forest tree seed” includes seed of woody plants
1899 commonly known and sold as forest tree seed.
1900 (15) “Foundation seed” means a class of certified seed
1901 which is the progeny of breeder or other foundation seed and is
1902 produced and handled under procedures established by the
1903 certifying agency, in accordance with this part, for producing
1904 foundation seed, for the purpose of maintaining genetic purity
1905 and identity.
1906 (16) (11) “Germination” means the emergence and development
1907 from the seed embryo of those essential structures which, for
1908 the kind of seed in question, are indicative of the ability to
1909 produce a normal plant under favorable conditions percentage of
1910 seed capable of producing normal seedlings under ordinarily
1911 favorable conditions. Broken seedlings and weak, malformed and
1912 obviously abnormal seedlings shall not be considered to have
1914 (17) (12) “Hard seed” means seeds that remain hard at the
1915 end of a prescribed test period because they have not absorbed
1916 water due to an impermeable seed coat the percentage of seed
1917 which because of hardness or impermeability did not absorb
1918 moisture or germinate under prescribed tests but remain hard
1919 during the period prescribed for germination of the kind of seed
1921 (18) (13) “Hybrid” means the first generation seed of a
1922 cross produced by controlling the pollination and by combining:
1923 (a) Two or more inbred lines;
1924 (b) One inbred or a single cross with an open-pollinated
1925 variety; or
1926 (c) Two varieties or species, except open-pollinated
1927 varieties of corn (Zea mays).
1929 The second generation or subsequent generations from such
1930 crosses may shall not be regarded as hybrids. Hybrid
1931 designations shall be treated as variety names.
1932 (19) (14) “Inert matter” means all matter that is not a full
1933 seed includes broken seed when one-half in size or less; seed of
1934 legumes or crucifers with the seed coats removed; undeveloped
1935 and badly injured weed seed such as sterile dodder which, upon
1936 visual examination, are clearly incapable of growth; empty
1937 glumes of grasses; attached sterile glumes of grasses (which
1938 must be removed from the fertile glumes except in Rhodes grass);
1939 dirt, stone, chaff, nematode, fungus bodies, and any matter
1940 other than seed.
1941 (20) (15) “Kind” means one or more related species or
1942 subspecies which singly or collectively is known by one common
1943 name; e.g., corn, beans, lespedeza.
1944 (21) “Label” means the display or displays of written or
1945 printed material upon or attached to a container of seed.
1946 (22) (16) “Labeling” includes all labels and other written,
1947 printed, or graphic representations, in any form, accompanying
1948 and pertaining to any seed, whether in bulk or in containers,
1949 and includes invoices and other bills of shipment when sold in
1951 (23) (17) “Lot of seed” means a definite quantity of seed
1952 identified by a lot number or other mark identification, every
1953 portion or bag of which is uniform within recognized tolerances
1954 for the factors that appear in the labeling , for the factors
1955 which appear in the labeling, within permitted tolerances.
1956 (24) (18) “Mix,” “mixed,” or “mixture” means seed consisting
1957 of more than one kind or variety, each present in excess of 5
1958 percent by weight of the whole.
1959 (25) “Mulch” means a protective covering of any suitable
1960 substance placed with seed which acts to retain sufficient
1961 moisture to support seed germination and sustain early seedling
1962 growth and aid in the prevention of the evaporation of soil
1963 moisture, the control of weeds, and the prevention of erosion.
1964 (26) “Noxious weed seed” means seed in one of two classes
1965 of seed:
1966 (a) “Prohibited noxious weed seed” means the seed of weeds
1967 that are highly destructive and difficult to control by good
1968 cultural practices and the use of herbicides.
1969 (b) “Restricted noxious weed seed” means weed seeds that
1970 are objectionable in agricultural crops, lawns, and gardens of
1971 this state and which can be controlled by good agricultural
1972 practices or the use of herbicides.
1973 (27) (19) “Origin” means the state, District of Columbia,
1974 Puerto Rico, or possession of the United States, or the foreign
1975 country where the seed were grown, except for native species,
1976 where the term means the county or collection zone and the state
1977 where the seed were grown for forest tree seed, with respect to
1978 which the term “origin” means the county or state forest service
1979 seed collection zone and the state where the seed were grown.
1980 (28) (20) “Other crop seed” includes all seed of plants
1981 grown in this state as crops, other than the kind or kind and
1982 variety included in the pure seed, when not more than 5 percent
1983 of the whole of a single kind or variety is present, unless
1984 designated as weed seed.
1985 (29) “Packet seed” means seed prepared for use in home
1986 gardens and household plantings packaged in labeled, sealed
1987 containers of less than 8 ounces and typically sold from seed
1988 racks or displays in retail establishments, via the Internet, or
1989 through mail order.
1990 (30) (21) “Processing” means conditioning, cleaning,
1991 scarifying, or blending to obtain uniform quality and other
1992 operations which would change the purity or germination of the
1993 seed and, therefore, require retesting to determine the quality
1994 of the seed.
1995 (22) “Prohibited noxious weed seed” means the seed and
1996 bulblets of perennial weeds such as not only reproduce by seed
1997 or bulblets, but also spread by underground roots or stems and
1998 which, when established, are highly destructive and difficult to
1999 control in this state by ordinary good cultural practice.
2000 (31) (23) “Pure seed” means the seed, exclusive of inert
2001 matter, of the kind or kind and variety of seed declared on the
2002 label or tag includes all seed of the kind or kind and variety
2003 or strain under consideration, whether shriveled, cracked, or
2004 otherwise injured, and pieces of broken seed larger than one
2005 half the original size.
2006 (32) (24) “Record” includes the symbol identifying the seed
2007 as to origin, amount, processing, testing, labeling, and
2008 distribution, file sample of the seed, and any other document or
2009 instrument pertaining to the purchase, sale, or handling of
2010 agricultural, vegetable, flower, or forest tree, or shrub seed.
2011 Such information includes seed samples and records of
2012 declarations, labels, purchases, sales, conditioning, bulking,
2013 treatment, handling, storage, analyses, tests, and examinations.
2014 (33) “Registered seed” means a class of certified seed
2015 which is the progeny of breeder or foundation seed and is
2016 produced and handled under procedures established by the
2017 certifying agency, in accordance with this part, for the purpose
2018 of maintaining genetic purity and identity.
2019 (25) “Restricted noxious weed seed” means the seed of such
2020 weeds as are very objectionable in fields, lawns, or gardens of
2021 this state, but can be controlled by good cultural practice.
2022 Seed of poisonous plants may be included.
2023 (34) “Shrub seed” means seed of a woody plant that is
2024 smaller than a tree and has several main stems arising at or
2025 near the ground.
2026 (35) (26) “Stop-sale” means any written or printed notice or
2027 order issued by the department to the owner or custodian of any
2028 lot of agricultural, vegetable, flower, or forest tree, or shrub
2029 seed in the state, directing the owner or custodian not to sell
2030 or offer for sale seed designated by the order within the state
2031 until the requirements of this law are complied with and a
2032 written release has been issued; except that the seed may be
2033 released to be sold for feed.
2034 (36) (27) “Treated” means that the seed has been given an
2035 application of a material or subjected to a process designed to
2036 control or repel disease organisms, insects, or other pests
2037 attacking seed or seedlings grown therefrom to improve its
2038 planting value or to serve any other purpose.
2039 (37) “Tree seed” means seed of a woody perennial plant
2040 typically having a single stem or trunk growing to a
2041 considerable height and bearing lateral branches at some
2042 distance from the ground.
2043 (38) (28) “Type” means a group of varieties so nearly
2044 similar that the individual varieties cannot be clearly
2045 differentiated except under special conditions.
2046 (39) (29) “Variety” means a subdivision of a kind which is
2047 distinct in the sense that the variety can be differentiated by
2048 one or more identifiable morphological, physiological, or other
2049 characteristics from all other varieties of public knowledge;
2050 uniform in the sense that the variations in essential and
2051 distinctive characteristics are describable; and stable in the
2052 sense that the variety will remain unchanged in its essential
2053 and distinctive characteristics and its uniformity when
2054 reproduced or reconstituted characterized by growth, plant
2055 fruit, seed, or other characteristics by which it can be
2056 differentiated from other sorts of the same kind; e.g.,
2057 Whatley’s Prolific corn, Bountiful beans, Kobe lespedeza.
2058 (40) (30) “Vegetable seed” means the seed of those crops
2059 that which are grown in gardens or on truck farms, and are
2060 generally known and sold under the name of vegetable seed or
2061 herb seed in this state.
2062 (41) (31) “Weed seed” includes the seed of all plants
2063 generally recognized as weeds within this state, and includes
2064 prohibited and restricted noxious weed seed, bulblets, and
2065 tubers, and any other vegetative propagules.
2066 Section 42. Section 578.012, Florida Statutes, is created
2067 to read:
2068 578.012 Preemption.—
2069 (1) It is the intent of the Legislature to eliminate
2070 duplication of regulation of seed. As such, this chapter is
2071 intended as comprehensive and exclusive and occupies the whole
2072 field of regulation of seed.
2073 (2) The authority to regulate seed or matters relating to
2074 seed in this state is preempted to the state. A local government
2075 or political subdivision of the state may not enact or enforce
2076 an ordinance that regulates seed, including the power to assess
2077 any penalties provided for violation of this chapter.
2078 Section 43. Section 578.08, Florida Statutes, is amended to
2080 578.08 Registrations.—
2081 (1) Every person, except as provided in subsection (4) and
2082 s. 578.14, before selling, distributing for sale, offering for
2083 sale, exposing for sale, handling for sale, or soliciting orders
2084 for the purchase of any agricultural, vegetable, flower, or
2085 forest tree, or shrub seed or mixture thereof, shall first
2086 register with the department as a seed dealer. The application
2087 for registration must include the name and location of each
2088 place of business at which the seed is sold, distributed for
2089 sale, offered for sale, exposed for sale, or handled for sale.
2090 The application must for registration shall be filed with the
2091 department by using a form prescribed by the department or by
2092 using the department’s website and shall be accompanied by an
2093 annual registration fee for each such place of business based on
2094 the gross receipts from the sale of such seed for the last
2095 preceding license year as follows:
2096 (a)1. Receipts of less than $500, a fee of $10.
2097 2. Receipts of $500 or more but less than $1,000, a fee of
2099 3. Receipts of $1,000 or more but less than $2,500, a fee
2100 of $100.
2101 4. Receipts of $2,500 or more but less than $5,000, a fee
2102 of $200.
2103 5. Receipts of $5,000 or more but less than $10,000, a fee
2104 of $350.
2105 6. Receipts of $10,000 or more but less than $20,000, a fee
2106 of $800.
2107 7. Receipts of $20,000 or more but less than $40,000, a fee
2108 of $1,000.
2109 8. Receipts of $40,000 or more but less than $70,000, a fee
2110 of $1,200.
2111 9. Receipts of $70,000 or more but less than $150,000, a
2112 fee of $1,600.
2113 10. Receipts of $150,000 or more but less than $400,000, a
2114 fee of $2,400.
2115 11. Receipts of $400,000 or more, a fee of $4,600.
2116 (b) For places of business not previously in operation, the
2117 fee shall be based on anticipated receipts for the first license
2119 (2) A written receipt from the department of the
2120 registration and payment of the fee shall constitute a
2121 sufficient permit for the dealer to engage in or continue in the
2122 business of selling, distributing for sale, offering or exposing
2123 for sale, handling for sale, or soliciting orders for the
2124 purchase of any agricultural, vegetable, flower, or forest tree,
2125 or shrub seed within the state. However, the department has
2126 shall have authority to suspend or revoke any permit for the
2127 violation of any provision of this law or of any rule adopted
2128 under authority hereof. The registration shall expire on June 30
2129 of the next calendar year and shall be renewed on July 1 of each
2130 year. If any person subject to the requirements of this section
2131 fails to comply, the department may issue a stop-sale notice or
2132 order which shall prohibit the person from selling or causing to
2133 be sold any agricultural, vegetable, flower, or forest tree, or
2134 shrub seed until the requirements of this section are met.
2135 (3) Every person selling, distributing for sale, offering
2136 for sale, exposing for sale, handling for sale, or soliciting
2137 orders for the purchase of any agricultural, vegetable, flower,
2138 or forest tree, or shrub seed in the state other than as
2139 provided in subsection (4) s. 578.14, shall be subject to the
2140 requirements of this section ; except that agricultural
2141 experiment stations of the State University System shall not be
2142 subject to the requirements of this section.
2143 (4) The provisions of This chapter does shall not apply to
2144 farmers who sell only uncleaned, unprocessed, unpackaged, and
2145 unlabeled seed, but shall apply to farmers who sell cleaned,
2146 processed, packaged, and labeled seed in amounts in excess of
2147 $10,000 in any one year.
2148 (5) When packet seed is sold, offered for sale, or exposed
2149 for sale, the company who packs seed for retail sale must
2150 register and pay fees as provided under subsection (1).
2151 Section 44. Section 578.09, Florida Statutes, is amended to
2153 578.09 Label requirements for agricultural, vegetable,
2154 flower, tree, or shrub seeds.—Each container of agricultural,
2155 vegetable, or flower, tree, or shrub seed which is sold, offered
2156 for sale, exposed for sale, or distributed for sale within this
2157 state for sowing or planting purposes must shall bear thereon or
2158 have attached thereto, in a conspicuous place , a label or labels
2159 containing all information required under this section, plainly
2160 written or printed label or tag in the English language , in
2161 Century type. All data pertaining to analysis must shall appear
2162 on a single label. Language setting forth the requirements for
2163 filing and serving complaints as described in s. 578.26(1)(c)
2164 must s. 578.26(1)(b) shall be included on the analysis label or
2165 be otherwise attached to the package, except for packages
2166 containing less than 1,000 seeds by count.
2167 (1) FOR TREATED SEED.— For all treated agricultural,
2168 vegetable, or flower, tree, or shrub seed treated as defined in
2169 this chapter:
2170 (a) A word or statement indicating that the seed has been
2171 treated or description of process used.
2172 (b) The commonly accepted coined, chemical, or abbreviated
2173 chemical (generic) name of the applied substance or description
2174 of the process used and the words “poison treated” in red
2175 letters, in not less than 1/4-inch type.
2176 (c) If the substance in the amount present with the seed is
2177 harmful to humans or other vertebrate animals, a caution
2178 statement such as “Do not use for food, feed, or oil purposes.”
2179 The caution for mercurials, Environmental Protection Agency
2180 Toxicity Category 1 as referenced in 7 C.F.R. 201.31a(c)(2), and
2181 similarly toxic substances shall be designated by a poison
2182 statement or symbol.
2183 (d) Rate of application or statement “Treated at
2184 manufacturer’s recommended rate.”
2185 (d) (e) If the seed is treated with an inoculant, the date
2186 beyond which the inoculant is not to be considered effective
2187 (date of expiration).
2189 A label separate from other labels required by this section or
2190 other law may be used to identify seed treatments as required by
2191 this subsection.
2192 (2) For agricultural seed, including lawn and turf grass
2193 seed and mixtures thereof: AGRICULTURAL SEED.—
2194 (a) Commonly accepted The name of the kind and variety of
2195 each agricultural seed component present in excess of 5 percent
2196 of the whole, and the percentage by weight of each in the order
2197 of its predominance. Where more than one component is required
2198 to be named, the word “mixed,” “mixture,” or “blend” must the
2199 word “mixed” shall be shown conspicuously on the label. Hybrids
2200 must be labeled as hybrids.
2201 (b) Lot number or other lot identification.
2202 (c) Net weight or seed count.
2203 (d) Origin, if known. If the origin is ; if unknown, that
2204 fact must shall be stated.
2205 (e) Percentage by weight of all weed seed.
2206 (f) The Name and number of noxious weed seed per pound, if
2207 present per pound of each kind of restricted noxious weed seed.
2208 (g) Percentage by weight of agricultural seed which may be
2209 designated as other crop seed, other than those required to be
2210 named on the label.
2211 (h) Percentage by weight of inert matter.
2212 (i) For each named agricultural seed, including lawn and
2213 turf grass seed:
2214 1. Percentage of germination, exclusive of hard or dormant
2216 2. Percentage of hard or dormant seed, if when present , if
2217 desired; and
2218 3. The calendar month and year the test was completed to
2219 determine such percentages, provided that the germination test
2220 must have been completed within the previous 9 months, exclusive
2221 of the calendar month of test.
2222 (j) Name and address of the person who labeled said seed or
2223 who sells, distributes, offers, or exposes said seed for sale
2224 within this state.
2226 The sum total of the percentages listed pursuant to paragraphs
2227 (a),(e),(g), and (h) must be equal to 100 percent.
2228 (3) For seed that is coated:
2229 (a) Percentage by weight of pure seed with coating material
2230 removed. The percentage of coating material may be included with
2231 the inert matter percentage or may be listed separately.
2232 (b) Percentage of germination. This percentage must be
2233 determined based on an examination of 400 coated units with or
2234 without seed.
2236 In addition to the requirements of this subsection, labeling of
2237 coated seed must also comply with the requirements of any other
2238 subsection pertaining to that type of seed. FOR VEGETABLE SEED
2239 IN CONTAINERS OF 8 OUNCES OR MORE.—
2240 (a) Name of kind and variety of seed.
2241 (b) Net weight or seed count.
2242 (c) Lot number or other lot identification.
2243 (d) Percentage of germination.
2244 (e) Calendar month and year the test was completed to
2245 determine such percentages.
2246 (f) Name and address of the person who labeled said seed or
2247 who sells, distributes, offers or exposes said seed for sale
2248 within this state.
2249 (g) For seed which germinate less than the standard last
2250 established by the department the words “below standard,” in not
2251 less than 8-point type, must be printed or written in ink on the
2252 face of the tag, in addition to the other information required.
2253 Provided, that no seed marked “below standard” shall be sold
2254 which falls more than 20 percent below the standard for such
2255 seed which has been established by the department, as authorized
2256 by this law.
2257 (h) The name and number of restricted noxious weed seed per
2259 (4) For combination mulch, seed, and fertilizer products:
2260 (a) The word “combination” followed, as appropriate, by the
2261 words “mulch - seed – fertilizer” must appear prominently on the
2262 principal display panel of the package.
2263 (b) If the product is an agricultural seed placed in a
2264 germination medium, mat, tape, or other device or is mixed with
2265 mulch or fertilizer, it must also be labeled with all of the
2267 1. Product name.
2268 2. Lot number or other lot identification.
2269 3. Percentage by weight of pure seed of each kind and
2270 variety named which may be less than 5 percent of the whole.
2271 4. Percentage by weight of other crop seed.
2272 5. Percentage by weight of inert matter.
2273 6. Percentage by weight of weed seed.
2274 7. Name and number of noxious weed seeds per pound, if
2276 8. Percentage of germination, and hard or dormant seed if
2277 appropriate, of each kind or kind and variety named. The
2278 germination test must have been completed within the previous 12
2279 months exclusive of the calendar month of test.
2280 9. The calendar month and year the test was completed to
2281 determine such percentages.
2282 10. Name and address of the person who labeled the seed, or
2283 who sells, offers, or exposes the seed for sale within the
2286 The sum total of the percentages listed pursuant to
2287 subparagraphs 3., 4., 5., and 6. must be equal to 100 percent.
2288 (5) For vegetable seed in packets as prepared for use in
2289 home gardens or household plantings or vegetable seeds in
2290 preplanted containers, mats, tapes, or other planting devices:
2291 FOR VEGETABLE SEED IN CONTAINERS OF LESS THAN 8 OUNCES.—
2292 (a) Name of kind and variety of seed. Hybrids must be
2293 labeled as hybrids.
2294 (b) Lot number or other lot identification.
2295 (c) Germination test date identified in the following
2297 1. The calendar month and year the germination test was
2298 completed and the statement “Sell by ...(month/year)...”, which
2299 may be no more than 12 months from the date of test, beginning
2300 with the month after the test date;
2301 2. The month and year the germination test was completed,
2302 provided that the germination test must have been completed
2303 within the previous 12 months, exclusive of the calendar month
2304 of test; or
2305 3. The year for which the seed was packaged for sale as
2306 “Packed for ...(year)...” and the statement “Sell by
2307 ...(year)...” which shall be one year after the seed was
2308 packaged for sale.
2309 (d) (b) Name and address of the person who labeled the seed
2310 or who sells, distributes, offers, or exposes said seed for sale
2311 within this state.
2312 (e) (c) For seed which germinate less than standard last
2313 established by the department , the additional information must
2314 be shown:
2315 1. Percentage of germination, exclusive of hard or dormant
2317 2. Percentage of hard or dormant seed when present, if
2318 present desired.
2319 3. Calendar month and year the test was completed to
2320 determine such percentages.
2321 3. 4. The words “Below Standard” prominently displayed in
2322 not less than 8-point type.
2324 (f) (d) No seed marked “below standard” may shall be sold
2325 that falls which fall more than 20 percent below the established
2326 standard for such seed. For seeds that do not have an
2327 established standard, the minimum germination standard shall be
2328 50 percent, and no such seed may be sold that is 20 percent
2329 below this standard.
2330 (g) For seed placed in a germination medium, mat, tape, or
2331 other device in such a way as to make it difficult to determine
2332 the quantity of seed without removing the seeds from the medium,
2333 mat, tape or device, a statement to indicate the minimum number
2334 of seeds in the container.
2335 (6) For vegetable seed in containers, other than packets
2336 prepared for use in home gardens or household plantings, and
2337 other than preplanted containers, mats, tapes, or other planting
2339 (a) The name of each kind and variety present of any seed
2340 in excess of 5 percent of the total weight in the container, and
2341 the percentage by weight of each type of seed in order of its
2342 predominance. Hybrids must be labeled as hybrids.
2343 (b) Net weight or seed count.
2344 (c) Lot number or other lot identification.
2345 (d) For each named vegetable seed:
2346 1. Percentage germination, exclusive of hard or dormant
2348 2. Percentage of hard or dormant seed, if present;
2349 3. Listed below the requirements of subparagraphs 1. and
2350 2., the “total germination and hard or dormant seed” may be
2351 stated as such, if desired; and
2352 4. The calendar month and year the test was completed to
2353 determine the percentages specified in subparagraphs 1. and 2.,
2354 provided that the germination test must have been completed
2355 within 9 months, exclusive of the calendar month of test.
2356 (e) Name and address of the person who labeled the seed, or
2357 who sells, offers, or exposes the seed for sale within this
2359 (f) For seed which germinate less than the standard last
2360 established by the department, the words “Below Standard”
2361 prominently displayed.
2362 1. No seed marked “Below Standard” may be sold if the seed
2363 is more than 20 percent below the established standard for such
2365 2. For seeds that do not have an established standard, the
2366 minimum germination standard shall be 50 percent, and no such
2367 seed may be sold that is 20 percent below this standard.
2368 (7) (5) For flower seed in packets prepared for use in home
2369 gardens or household plantings or flower seed in preplanted
2370 containers, mats, tapes, or other planting devices: FOR FLOWER
2371 SEED IN PACKETS PREPARED FOR USE IN HOME GARDENS OR HOUSEHOLD
2372 PLANTINGS OR FLOWER SEED IN PREPLANTED CONTAINERS, MATS, TAPES,
2373 OR OTHER PLANTING DEVICES.—
2374 (a) For all kinds of flower seed:
2375 1. The name of the kind and variety or a statement of type
2376 and performance characteristics as prescribed in the rules and
2377 regulations adopted promulgated under the provisions of this
2379 2. Germination test date, identified in the following
2381 a. The calendar month and year the germination test was
2382 completed and the statement “Sell by_ ...(month/year)...”. The
2383 sell by date must be no more than 12 months from the date of
2384 test, beginning with the month after the test date;
2385 b. The year for which the seed was packed for sale as
2386 “Packed for ...(year)...” and the statement “Sell by
2387 ...(year)...” which shall be for a calendar year; or
2388 c. The calendar month and year the test was completed,
2389 provided that the germination test must have been completed
2390 within the previous 12 months, exclusive of the calendar month
2391 of test.
2392 2. The calendar month and year the seed was tested or the
2393 year for which the seed was packaged.
2394 3. The name and address of the person who labeled said
2395 seed, or who sells, offers, or exposes said seed for sale within
2396 this state.
2397 (b) For seed of those kinds for which standard testing
2398 procedures are prescribed and which germinate less than the
2399 germination standard last established under the provisions of
2400 this chapter:
2401 1. The percentage of germination exclusive of hard or
2402 dormant seed.
2403 2. Percentage of hard or dormant seed, if present.
2404 3. The words “Below Standard” prominently displayed in not
2405 less than 8-point type.
2406 (c) For seed placed in a germination medium, mat, tape, or
2407 other device in such a way as to make it difficult to determine
2408 the quantity of seed without removing the seed from the medium,
2409 mat, tape, or device, a statement to indicate the minimum number
2410 of seed in the container.
2411 (8) (6) For flower seed in containers other than packets and
2412 other than preplanted containers, mats, tapes, or other planting
2413 devices and not prepared for use in home flower gardens or
2414 household plantings: FOR FLOWER SEED IN CONTAINERS OTHER THAN
2415 PACKETS PREPARED FOR USE IN HOME FLOWER GARDENS OR HOUSEHOLD
2416 PLANTINGS AND OTHER THAN PREPLANTED CONTAINERS, MATS, TAPES, OR
2417 OTHER PLANTING DEVICES.—
2418 (a) The name of the kind and variety, and for wildflowers,
2419 the genus and species and subspecies, if appropriate or a
2420 statement of type and performance characteristics as prescribed
2421 in rules and regulations promulgated under the provisions of
2422 this chapter.
2423 (b) Net weight or seed count.
2424 (c) (b) The Lot number or other lot identification.
2425 (d) For flower seed with a pure seed percentage of less
2426 than 90 percent:
2427 1. Percentage, by weight, of each component listed in order
2428 of its predominance.
2429 2. Percentage by weight of weed seed, if present.
2430 3. Percentage by weight of other crop seed.
2431 4. Percentage by weight of inert matter.
2432 (e) For those kinds of seed for which standard testing
2433 procedures are prescribed:
2434 1. Percentage germination exclusive of hard or dormant
2436 2. Percentage of hard or dormant seed, if present.
2437 3. (c) The calendar month and year that the test was
2438 completed. The germination test must have been completed within
2439 the previous 9 months, exclusive of the calendar month of test.
2440 (f) For those kinds of seed for which standard testing
2441 procedures are not available, the year of production or
2442 collection seed were tested or the year for which the seed were
2444 (g) (d) The name and address of the person who labeled said
2445 seed or who sells, offers, or exposes said seed for sale within
2446 this state.
2447 (e) For those kinds of seed for which standard testing
2448 procedures are prescribed:
2449 1. The percentage germination exclusive of hard seed.
2450 2. The percentage of hard seed, if present.
2451 (h) (f) For those seed s which germinate less than the
2452 standard last established by the department, the words “Below
2453 Standard” prominently displayed in not less than 8-point type
2454 must be printed or written in ink on the face of the tag.
2455 (9) For tree or shrub seed:
2456 (a) Common name of the species of seed and, if appropriate,
2458 (b) The scientific name of the genus, species, and, if
2459 appropriate, subspecies.
2460 (c) Lot number or other lot identification.
2461 (d) Net weight or seed count.
2462 (e) Origin, indicated in the following manner:
2463 1. For seed collected from a predominantly indigenous
2464 stand, the area of collection given by latitude and longitude or
2465 geographic description, or political subdivision, such as state
2466 or county.
2467 2. For seed collected from other than a predominantly
2468 indigenous stand, the area of collection and the origin of the
2469 stand or the statement “Origin not Indigenous”.
2470 3. The elevation or the upper and lower limits of
2471 elevations within which the seed was collected.
2472 (f) Purity as a percentage of pure seed by weight.
2473 (g) For those species for which standard germination
2474 testing procedures are prescribed by the department:
2475 1. Percentage germination exclusive of hard or dormant
2477 2. Percentage of hard or dormant seed, if present.
2478 3. The calendar month and year test was completed, provided
2479 that the germination test must have been completed within the
2480 previous 12 months, exclusive of the calendar month of test.
2481 (h) In lieu of subparagraphs (g)1., 2., and 3., the seed
2482 may be labeled “Test is in progress; results will be supplied
2483 upon request.”
2484 (i) For those species for which standard germination
2485 testing procedures have not been prescribed by the department,
2486 the calendar year in which the seed was collected.
2487 (j) The name and address of the person who labeled the seed
2488 or who sells, offers, or exposes the seed for sale within this
2490 (7) DEPARTMENT TO PRESCRIBE UNIFORM ANALYSIS TAG.—The
2491 department shall have the authority to prescribe a uniform
2492 analysis tag required by this section.
2494 The information required by this section to be placed on labels
2495 attached to seed containers may not be modified or denied in the
2496 labeling or on another label attached to the container. However,
2497 labeling of seed supplied under a contractual agreement may be
2498 by invoice accompanying the shipment or by an analysis tag
2499 attached to the invoice if each bag or other container is
2500 clearly identified by a lot number displayed on the bag or other
2501 container. Each bag or container that is not so identified must
2502 carry complete labeling.
2503 Section 45. Section 578.091, Florida Statutes, is repealed.
2504 Section 46. Subsections (2) and (3) of section 578.10,
2505 Florida Statutes, are amended to read:
2506 578.10 Exemptions.—
2507 (2) The provisions of ss. 578.09 and 578.13 do not apply
2509 (a) To Seed or grain not intended for sowing or planting
2511 (b) To Seed stored in storage in, consigned to, or being
2512 transported to seed cleaning or processing establishments for
2513 cleaning or processing only. Any labeling or other
2514 representation which may be made with respect to the unclean
2515 seed is shall be subject to this law.
2516 (c) Seed under development or maintained exclusively for
2517 research purposes.
2518 (3) If seeds cannot be identified by examination thereof, a
2519 person is not subject to the criminal penalties of this chapter
2520 for having sold or offered for sale seeds subject to this
2521 chapter which were incorrectly labeled or represented as to
2522 kind, species, and, if appropriate, subspecies, variety, type,
2523 or origin, elevation, and, if required, year of collection
2524 unless he or she has failed to obtain an invoice, genuine
2525 grower’s or tree seed collector’s declaration, or other labeling
2526 information and to take such other precautions as may be
2527 reasonable to ensure the identity of the seeds to be as stated
2528 by the grower. A genuine grower’s declaration of variety must
2529 affirm that the grower holds records of proof of identity
2530 concerning parent seed, such as invoice and labels No person
2531 shall be subject to the criminal penalties of this law for
2532 having sold, offered, exposed, or distributed for sale in this
2533 state any agricultural, vegetable, or forest tree seed which
2534 were incorrectly labeled or represented as to kind and variety
2535 or origin, which seed cannot be identified by examination
2536 thereof, unless she or he has failed to obtain an invoice or
2537 grower’s declaration giving kind and variety and origin.
2538 Section 47. Section 578.11, Florida Statutes, is amended to
2540 578.11 Duties, authority, and rules of the department.—
2541 (1) The duty of administering this law and enforcing its
2542 provisions and requirements shall be vested in the Department of
2543 Agriculture and Consumer Services, which is hereby authorized to
2544 employ such agents and persons as in its judgment shall be
2545 necessary therefor. It shall be the duty of the department,
2546 which may act through its authorized agents, to sample, inspect,
2547 make analyses of, and test agricultural, vegetable, flower, or
2548 forest tree, or shrub seed transported, sold, offered or exposed
2549 for sale, or distributed within this state for sowing or
2550 planting purposes, at such time and place and to such extent as
2551 it may deem necessary to determine whether said agricultural,
2552 vegetable, flower, or forest tree, or shrub seed are in
2553 compliance with the provisions of this law, and to notify
2554 promptly the person who transported, distributed, sold, offered
2555 or exposed the seed for sale, of any violation.
2556 (2) The department is authorized to:
2557 (a) To Enforce this chapter act and prescribe the methods
2558 of sampling, inspecting, testing, and examining agricultural,
2559 vegetable, flower, or forest tree, or shrub seed.
2560 (b) To Establish standards and tolerances to be followed in
2561 the administration of this law, which shall be in general accord
2562 with officially prescribed practices in interstate commerce.
2563 (c) To Prescribe uniform labels.
2564 (d) To Adopt prohibited and restricted noxious weed seed
2566 (e) To Prescribe limitations for each restricted noxious
2567 weed to be used in enforcement of this chapter act and to add or
2568 subtract therefrom from time to time as the need may arise.
2569 (f) To Make commercial tests of seed and to fix and collect
2570 charges for such tests.
2571 (g) To List the kinds of flower, and forest tree, and shrub
2572 seed subject to this law.
2573 (h) To Analyze samples, as requested by a consumer. The
2574 department shall establish, by rule, a fee schedule for
2575 analyzing samples at the request of a consumer. The fees shall
2576 be sufficient to cover the costs to the department for taking
2577 the samples and performing the analysis, not to exceed $150 per
2579 (i) To Adopt rules pursuant to ss. 120.536(1) and 120.54 to
2580 implement the provisions of this chapter act.
2581 (j) To Establish, by rule, requirements governing aircraft
2582 used for the aerial application of seed, including requirements
2583 for recordkeeping, annual aircraft registration, secure storage
2584 when not in use, area-of-application information, and reporting
2585 any sale, lease, purchase, rental, or transfer of such aircraft
2586 to another person.
2587 (3) For the purpose of carrying out the provisions of this
2588 law, the department, through its authorized agents, is
2589 authorized to:
2590 (a) To Enter upon any public or private premises, where
2591 agricultural, vegetable, flower, or forest tree, or shrub seed
2592 is sold, offered, exposed, or distributed for sale during
2593 regular business hours, in order to have access to seed subject
2594 to this law and the rules and regulations hereunder.
2595 (b) To Issue and enforce a stop-sale notice or order to the
2596 owner or custodian of any lot of agricultural, vegetable,
2597 flower, or forest tree, or shrub seed , which the department
2598 finds or has good reason to believe is in violation of any
2599 provisions of this law, which shall prohibit further sale,
2600 barter, exchange, or distribution of such seed until the
2601 department is satisfied that the law has been complied with and
2602 has issued a written release or notice to the owner or custodian
2603 of such seed. After a stop-sale notice or order has been issued
2604 against or attached to any lot of seed and the owner or
2605 custodian of such seed has received confirmation that the seed
2606 does not comply with this law, she or he has shall have 15 days
2607 beyond the normal test period within which to comply with the
2608 law and obtain a written release of the seed. The provisions of
2609 This paragraph may shall not be construed as limiting the right
2610 of the department to proceed as authorized by other sections of
2611 this law.
2612 (c) To Establish and maintain a seed laboratory, employ
2613 seed analysts and other personnel, and incur such other expenses
2614 as may be necessary to comply with these provisions.
2615 Section 48. Section 578.12, Florida Statutes, is amended to
2617 578.12 Stop-sale, stop-use, removal, or hold orders.—When
2618 agricultural, vegetable, flower, or forest tree, or shrub seed
2619 is being offered or exposed for sale or held in violation of any
2620 of the provisions of this chapter, the department, through its
2621 authorized representative, may issue and enforce a stop-sale,
2622 stop-use, removal, or hold order to the owner or custodian of
2623 said seed ordering it to be held at a designated place until the
2624 law has been complied with and said seed is released in writing
2625 by the department or its authorized representative. If seed is
2626 not brought into compliance with this law it shall be destroyed
2627 within 30 days or disposed of by the department in such a manner
2628 as it shall by regulation prescribe.
2629 Section 49. Section 578.13, Florida Statutes, is amended to
2631 578.13 Prohibitions.—
2632 (1) It shall be unlawful for any person to sell, distribute
2633 for sale, offer for sale, expose for sale, handle for sale, or
2634 solicit orders for the purchase of any agricultural, vegetable,
2635 flower, or forest tree, or shrub, seed within this state:
2636 (a) Unless the test to determine the percentage of
2637 germination required by s. 578.09 has shall have been completed
2638 within a period of 7 months, exclusive of the calendar month in
2639 which the test was completed, immediately prior to sale,
2640 exposure for sale, offering for sale, or transportation, except
2641 for a germination test for seed in hermetically sealed
2642 containers which is provided for in s. 578.092 s. 578.28.
2643 (b) Not labeled in accordance with the provisions of this
2644 law, or having false or misleading labeling.
2645 (c) Pertaining to which there has been a false or
2646 misleading advertisement.
2647 (d) Containing noxious weed seeds subject to tolerances and
2648 methods of determination prescribed in the rules and regulations
2649 under this law.
2650 (e) Unless a seed license has been obtained in accordance
2651 with the provisions of this law.
2652 (f) Unless such seed conforms to the definition of a “lot
2653 of seed.”
2654 (2) It shall be unlawful for a any person within this state
2656 (a) To Detach, deface, destroy, or use a second time any
2657 label or tag provided for in this law or in the rules and
2658 regulations made and promulgated hereunder or to alter or
2659 substitute seed in a manner that may defeat the purpose of this
2661 (b) To Disseminate any false or misleading advertisement
2662 concerning agricultural, vegetable, flower, or forest tree ,or
2663 shrub seed in any manner or by any means.
2664 (c) To Hinder or obstruct in any way any authorized person
2665 in the performance of her or his duties under this law.
2666 (d) To Fail to comply with a stop-sale order or to move,
2667 handle, or dispose of any lot of seed, or tags attached to such
2668 seed, held under a “stop-sale” order, except with express
2669 permission of the department and for the purpose specified by
2670 the department or seizure order.
2671 (e) Label, advertise, or otherwise represent seed subject
2672 to this chapter to be certified seed or any class thereof,
2673 including classes such as “registered seed,” “foundation seed,”
2674 “breeder seed” or similar representations, unless:
2675 1. A seed certifying agency determines that such seed
2676 conformed to standards of purity and identify as to the kind,
2677 variety, or species and, if appropriate, subspecies and the seed
2678 certifying agency also determines that tree or shrub seed was
2679 found to be of the origin and elevation claimed, in compliance
2680 with the rules and regulations of such agency pertaining to such
2681 seed; and
2682 2. The seed bears an official label issued for such seed by
2683 a seed certifying agency certifying that the seed is of a
2684 specified class and specified to the kind, variety, or species
2685 and, if appropriate, subspecies.
2686 (f) Label, by variety name, seed not certified by an
2687 official seed-certifying agency when it is a variety for which a
2688 certificate of plant variety protection under the United States
2689 Plant Variety Protection Act, 7 U.S.C. 2321 et. seq., specifies
2690 sale only as a class of certified seed, except that seed from a
2691 certified lot may be labeled as to variety name when used in a
2692 mixture by, or with the written approval of, the owner of the
2693 variety. To sell, distribute for sale, offer for sale, expose
2694 for sale, handle for sale, or solicit orders for the purchase of
2695 any agricultural, vegetable, flower, or forest tree seed labeled
2696 “certified seed,” “registered seed,” “foundation seed,” “breeder
2697 seed,” or similar terms, unless it has been produced and labeled
2698 under seal in compliance with the rules and regulations of any
2699 agency authorized by law.
2700 (g) (f) To Fail to keep a complete record, including a file
2701 sample which shall be retained for 1 year after seed is sold, of
2702 each lot of seed and to make available for inspection such
2703 records to the department or its duly authorized agents.
2704 (h) (g) To Use the name of the Department of Agriculture and
2705 Consumer Services or Florida State Seed Laboratory in connection
2706 with analysis tag, labeling advertisement, or sale of any seed
2707 in any manner whatsoever.
2708 Section 50. Section 578.14, Florida Statutes, is repealed.
2709 Section 51. Subsection (1) of section 578.181, Florida
2710 Statutes, is amended to read:
2711 578.181 Penalties; administrative fine.—
2712 (1) The department may enter an order imposing one or more
2713 of the following penalties against a person who violates this
2714 chapter or the rules adopted under this chapter or who impedes,
2715 obstructs, or hinders, or otherwise attempts to prevent the
2716 department from performing its duty in connection with
2717 performing its duties under this chapter:
2718 (a) For a minor violation, issuance of a warning letter.
2719 (b) For violations other than a minor violation:
2720 1. Imposition of an administrative fine in the Class I
2721 category pursuant to s. 570.971 for each occurrence after the
2722 issuance of a warning letter.
2723 2. (c) Revocation or suspension of the registration as a
2724 seed dealer.
2725 Section 52. Section 578.23, Florida Statutes, is amended to
2727 578.23 Dealers’ Records to be kept available.—Each person
2728 who allows his or her name or brand to appear on the label as
2729 handling agricultural, vegetable, flower, tree, or shrub seeds
2730 subject to this chapter must keep, for 2 years, complete records
2731 of each lot of agricultural, vegetable, flower, tree, or shrub
2732 seed handled, and keep for 1 year after final disposition a file
2733 sample of each lot of seed. All such records and samples
2734 pertaining to the shipment or shipments involved must be
2735 accessible for inspection by the department or its authorized
2736 representative during normal business hours Every seed dealer
2737 shall make and keep for a period of 3 years satisfactory records
2738 of all agricultural, vegetable, flower, or forest tree seed
2739 bought or handled to be sold, which records shall at all times
2740 be made readily available for inspection, examination, or audit
2741 by the department. Such records shall also be maintained by
2742 persons who purchase seed for production of plants for resale.
2743 Section 53. Section 578.26, Florida Statutes, is amended to
2745 578.26 Complaint, investigation, hearings, findings, and
2746 recommendation prerequisite to legal action.—
2747 (1)(a) When any buyer farmer is damaged by the failure of
2748 agricultural, vegetable, flower, or forest tree, or shrub seed
2749 planted in this state to produce or perform as represented by
2750 the labeling of such label attached to the seed as required by
2751 s. 578.09, as a prerequisite to her or his right to maintain a
2752 legal action against the dealer from whom the seed was
2753 purchased, the buyer must farmer shall make a sworn complaint
2754 against the dealer alleging damages sustained. The complaint
2755 shall be filed with the department, and a copy of the complaint
2756 shall be served by the department on the dealer by certified
2757 mail, within such time as to permit inspection of the property,
2758 crops, plants, or trees referenced in, or related to, the
2759 buyer’s complaint by the seed investigation and conciliation
2760 council or its representatives and by the dealer from whom the
2761 seed was purchased.
2762 (b) For types of claims specified in paragraph (a), the
2763 buyer may not commence legal proceedings against the dealer or
2764 assert such a claim as a counterclaim or defense in any action
2765 brought by the dealer until the findings and recommendations of
2766 the seed investigation and conciliation council are transmitted
2767 to the complainant and the dealer.
2768 (c) (b) Language setting forth the requirement for filing
2769 and serving the complaint shall be legibly typed or printed on
2770 the analysis label or be attached to the package containing the
2771 seed at the time of purchase by the buyer farmer.
2772 (d) (c) A nonrefundable filing fee of $100 shall be paid to
2773 the department with each complaint filed. However, the
2774 complainant may recover the filing fee cost from the dealer upon
2775 the recommendation of the seed investigation and conciliation
2777 (2) Within 15 days after receipt of a copy of the
2778 complaint, the dealer shall file with the department her or his
2779 answer to the complaint and serve a copy of the answer on the
2780 buyer farmer by certified mail. Upon receipt of the findings and
2781 recommendation of the arbitration council, the department shall
2782 transmit them to the farmer and to the dealer by certified mail.
2783 (3) The department shall refer the complaint and the answer
2784 thereto to the seed investigation and conciliation council
2785 provided in s. 578.27 for investigation, informal hearing,
2786 findings, and recommendation on the matters complained of.
2787 (a) Each party must shall be allowed to present its side of
2788 the dispute at an informal hearing before the seed investigation
2789 and conciliation council. Attorneys may be present at the
2790 hearing to confer with their clients. However, no attorney may
2791 participate directly in the proceeding.
2792 (b) Hearings, including the deliberations of the seed
2793 investigation and conciliation council, must shall be open to
2794 the public.
2795 (c) Within 30 days after completion of a hearing, the seed
2796 investigation and conciliation council shall transmit its
2797 findings and recommendations to the department. Upon receipt of
2798 the findings and recommendation of the seed investigation and
2799 conciliation council, the department shall transmit them to the
2800 buyer farmer and to the dealer by certified mail.
2801 (4) The department shall provide administrative support for
2802 the seed investigation and conciliation council and shall mail a
2803 copy of the council’s procedures to each party upon receipt of a
2804 complaint by the department.
2805 Section 54. Subsections (1), (2), and (4) of section
2806 578.27, Florida Statutes, are amended to read:
2807 578.27 Seed investigation and conciliation council;
2808 composition; purpose; meetings; duties; expenses.—
2809 (1) The Commissioner of Agriculture shall appoint a seed
2810 investigation and conciliation council composed of seven members
2811 and seven alternate members, one member and one alternate to be
2812 appointed upon the recommendation of each of the following: the
2813 deans of extension and research, Institute of Food and
2814 Agricultural Sciences, University of Florida; president of the
2815 Florida Seed Seedsmen and Garden Supply Association; president
2816 of the Florida Farm Bureau Federation; and the president of the
2817 Florida Fruit and Vegetable Association. The Commissioner of
2818 Agriculture shall appoint a representative and an alternate from
2819 the agriculture industry at large and from the Department of
2820 Agriculture and Consumer Services. Each member shall be
2821 appointed for a term of 4 years or less and shall serve until
2822 his or her successor is appointed Initially, three members and
2823 their alternates shall be appointed for 4-year terms and four
2824 members and their alternates shall be appointed for 2-year
2825 terms. Thereafter, members and alternates shall be appointed for
2826 4-year terms. Each alternate member shall serve only in the
2827 absence of the member for whom she or he is an alternate. A
2828 vacancy shall be filled for the remainder of the unexpired term
2829 in the same manner as the original appointment. The council
2830 shall annually elect a chair from its membership. It shall be
2831 the duty of the chair to conduct all meetings and deliberations
2832 held by the council and to direct all other activities of the
2833 council. The department representative shall serve as secretary
2834 of the council. It shall be the duty of the secretary to keep
2835 accurate and correct records on all meetings and deliberations
2836 and perform other duties for the council as directed by the
2838 (2) The purpose of the seed investigation and conciliation
2839 council is to assist buyers farmers and agricultural seed
2840 dealers in determining the validity of seed complaints made by
2841 buyers farmers against dealers and recommend a settlement, when
2842 appropriate, cost damages resulting from the alleged failure of
2843 the seed to produce or perform as represented by the label of
2844 such on the seed package.
2845 (4)(a) When the department refers to the seed investigation
2846 and conciliation council any complaint made by a buyer farmer
2847 against a dealer, the said council must shall make a full and
2848 complete investigation of the matters complained of and at the
2849 conclusion of the said investigation must shall report its
2850 findings and make its recommendation of cost damages and file
2851 same with the department.
2852 (b) In conducting its investigation, the seed investigation
2853 and conciliation council or any representative, member, or
2854 members thereof are authorized to examine the buyer’s property,
2855 crops, plants, or trees referenced in or relating to the
2856 complaint farmer on her or his farming operation of which she or
2857 he complains and the dealer on her or his packaging, labeling,
2858 and selling operation of the seed alleged to be faulty; to grow
2859 to production a representative sample of the alleged faulty seed
2860 through the facilities of the state, under the supervision of
2861 the department when such action is deemed to be necessary; to
2862 hold informal hearings at a time and place directed by the
2863 department or by the chair of the council upon reasonable notice
2864 to the buyer farmer and the dealer.
2865 (c) Any investigation made by less than the whole
2866 membership of the council must shall be by authority of a
2867 written directive by the department or by the chair, and such
2868 investigation must shall be summarized in writing and considered
2869 by the council in reporting its findings and making its
2871 Section 55. Section 578.28, Florida Statutes, is renumbered
2872 as section 578.092, Florida Statutes, and amended to read:
2873 578.092 578.28 Seed in hermetically sealed containers.—The
2874 period of validity of germination tests is extended to the
2875 following periods for seed packaged in hermetically sealed
2876 containers, under conditions and label requirements set forth in
2877 this section:
2878 (1) GERMINATION TESTS.—The germination test for
2879 agricultural and vegetable seed must shall have been completed
2880 within the following periods, exclusive of the calendar month in
2881 which the test was completed, immediately prior to shipment,
2882 delivery, transportation, or sale:
2883 (a) In the case of agricultural or vegetable seed shipped,
2884 delivered, transported, or sold to a dealer for resale, 18
2886 (b) In the case of agricultural or vegetable seed for sale
2887 or sold at retail, 24 months.
2888 (2) CONDITIONS OF PACKAGING.—The following conditions are
2889 considered as minimum:
2890 (a) Hermetically sealed packages or containers.—A
2891 container, to be acceptable under the provisions of this
2892 section, shall not allow water vapor penetration through any
2893 wall, including the wall seals, greater than 0.05 gram of water
2894 per 24 hours per 100 square inches of surface at 100 °F. with a
2895 relative humidity on one side of 90 percent and on the other of
2896 0 percent. Water vapor penetration (WVP) is measured by the
2897 standards of the National Institute of Standards and Technology
2898 as: gm H2O/24 hr./100 sq. in./100 °F/90 percent RH V. 0 percent
2900 (b) Moisture of seed packaged.—The moisture of agricultural
2901 or vegetable seed subject to the provisions of this section
2902 shall be established by rule of the department.
2903 (3) LABELING REQUIRED.—In addition to the labeling required
2904 by s. 578.09, seed packaged under the provisions of this section
2905 shall be labeled with the following information:
2906 (a) Seed has been preconditioned as to moisture content.
2907 (b) Container is hermetically sealed.
2908 (c) “Germination test valid until (month, year)” may be
2909 used. (Not to exceed 24 months from date of test).
2910 Section 56. Section 578.29, Florida Statutes, is created to
2912 578.29 Prohibited noxious weed seed.—Seeds meeting the
2913 definition of prohibited noxious weed seed under s. 578.011, may
2914 not be present in agricultural, vegetable, flower, tree, or
2915 shrub seed offered or exposed for sale in this state.
2916 Section 57. Subsection (1) of section 590.02, Florida
2917 Statutes, is amended to read:
2918 590.02 Florida Forest Service; powers, authority, and
2919 duties; liability; building structures; Withlacoochee Training
2921 (1) The Florida Forest Service has the following powers,
2922 authority, and duties to:
2923 (a) To Enforce the provisions of this chapter;
2924 (b) To Prevent, detect, and suppress wildfires wherever
2925 they may occur on public or private land in this state and to do
2926 all things necessary in the exercise of such powers, authority,
2927 and duties;
2928 (c) To Provide firefighting crews, who shall be under the
2929 control and direction of the Florida Forest Service and its
2930 designated agents;
2931 (d) To Appoint center managers, forest area supervisors,
2932 forestry program administrators, a forest protection bureau
2933 chief, a forest protection assistant bureau chief, a field
2934 operations bureau chief, deputy chiefs of field operations,
2935 district managers, forest operations administrators, senior
2936 forest rangers, investigators, forest rangers, firefighter
2937 rotorcraft pilots, and other employees who may, at the Florida
2938 Forest Service’s discretion, be certified as forestry
2939 firefighters pursuant to s. 633.408(8). Other law
2940 notwithstanding, center managers, district managers, forest
2941 protection assistant bureau chief, and deputy chiefs of field
2942 operations have shall have Selected Exempt Service status in the
2943 state personnel designation;
2944 (e) To Develop a training curriculum for forestry
2945 firefighters which must contain the basic volunteer structural
2946 fire training course approved by the Florida State Fire College
2947 of the Division of State Fire Marshal and a minimum of 250 hours
2948 of wildfire training;
2949 (f) Pay the cost of the initial commercial driver license
2950 examination fee for those employees whose position requires them
2951 to operate equipment requiring a license. This paragraph is
2952 intended to be an authorization to the department to pay such
2953 costs, not an obligation To make rules to accomplish the
2954 purposes of this chapter;
2955 (g) To Provide fire management services and emergency
2956 response assistance and to set and charge reasonable fees for
2957 performance of those services. Moneys collected from such fees
2958 shall be deposited into the Incidental Trust Fund of the Florida
2959 Forest Service;
2960 (h) To Require all state, regional, and local government
2961 agencies operating aircraft in the vicinity of an ongoing
2962 wildfire to operate in compliance with the applicable state
2963 Wildfire Aviation Plan; and
2964 (i) To Authorize broadcast burning, prescribed burning,
2965 pile burning, and land clearing debris burning to carry out the
2966 duties of this chapter and the rules adopted thereunder; and
2967 (j) Make rules to accomplish the purposes of this chapter.
2968 Section 58. Section 817.417, Florida Statutes, is created
2969 to read:
2970 817.417 Government Impostor and Deceptive Advertisement
2972 (1) SHORT TITLE.—This act may be cited as the “Government
2973 Impostor and Deceptive Advertisements Act.”
2974 (2) DEFINITIONS.—As used in this section:
2975 (a) “Advertisement” means any representation disseminated
2976 in any manner or by any means, other than by a label, for the
2977 purpose of inducing, or which is reasonably likely to induce,
2978 directly or indirectly, a purchase.
2979 (b) “Department” means the Department of Agriculture and
2980 Consumer Services.
2981 (c) “Governmental entity” means a political subdivision or
2982 agency of any state, possession, or territory of the United
2983 States, or the Federal Government, including, but not limited
2984 to, a board, a department, an office, an agency, a military
2985 veteran entity, or a military or veteran service organization by
2986 whatever name known.
2987 (3) DUTIES AND RESPONSIBILITIES.—The department has the
2988 duty and responsibility to:
2989 (a) Investigate potential violations of this section.
2990 (b) Request and obtain information regarding potential
2991 violations of this section.
2992 (c) Seek compliance with this section.
2993 (d) Enforce this section.
2994 (e) Adopt rules necessary to administer this section.
2995 (4) VIOLATIONS.—Each occurrence of the following acts or
2996 practices constitute a violation of this section:
2997 (a) Disseminating an advertisement that:
2998 1. Simulates a summons, complaint, jury notice, or other
2999 court, judicial, or administrative process of any kind.
3000 2. Represents, implies, or otherwise engages in an action
3001 that may reasonably cause confusion that the person using or
3002 employing the advertisement is a part of or associated with a
3003 governmental entity, when such is not true.
3004 (b) Representing, implying, or otherwise reasonably causing
3005 confusion that goods, services, an advertisement, or an offer
3006 was disseminated by or has been approved, authorized, or
3007 endorsed, in whole or in part, by a governmental entity, when
3008 such is not true.
3009 (c) Using or employing language, symbols, logos,
3010 representations, statements, titles, names, seals, emblems,
3011 insignia, trade or brand names, business or control tracking
3012 numbers, website or e-mail addresses, or any other term, symbol,
3013 or other content that represents or implies or otherwise
3014 reasonably causes confusion that goods, services, an
3015 advertisement, or an offer is from a governmental entity, when
3016 such is not true.
3017 (d) Failing to provide the disclosures as required in
3018 subsections (5) or (6).
3019 (e) Failing to timely submit to the department written
3020 responses and answers to its inquiries concerning alleged
3021 practices inconsistent with, or in violation of, this section.
3022 Responses or answers may include, but are not limited to, copies
3023 of customer lists, invoices, receipts, or other business
3025 (5) NOTICE REGARDING DOCUMENT AVAILABILITY.—
3026 (a) Any person offering documents that are available free
3027 of charge or at a lesser price from a governmental entity must
3028 provide the notice specified in paragraph (b) on advertisements
3029 as follows:
3030 1. For printed or written advertisements, notice must be in
3031 the same font size, color, style, and visibility as primarily
3032 used elsewhere on the page or envelope and displayed as follows:
3033 a. On the outside front of any mailing envelope used in
3034 disseminating the advertisement.
3035 b. At the top of each printed or written page used in the
3037 2. For electronic advertisements, notice must be in the
3038 same font size, color, style, and visibility as the body text
3039 primarily used in the e-mail or web page and displayed as
3041 a. At the beginning of each e-mail message, before any
3042 offer or other substantive information.
3043 b. In a prominent location on each web page, such as the
3044 top of each page or immediately following the offer or other
3045 substantive information on the page.
3046 (b) Advertisements specified in paragraph (a) must include
3047 the following disclosure:
3049 “IMPORTANT NOTICE:
3051 The documents offered by this advertisement are available to
3052 Florida consumers free of charge or for a lesser price from
3053 ...(insert name, telephone number, and mailing address of the
3054 applicable governmental entity).... You are NOT required to
3055 purchase anything from this company and the company is NOT
3056 affiliated, endorsed, or approved by any governmental entity.
3057 The item offered in this advertisement has NOT been approved or
3058 endorsed by any governmental agency, and this offer is NOT being
3059 made by an agency of the government.”
3061 (6) NOTICE REGARDING CLAIM OF LEGAL COMPLIANCE.—
3062 (a) Any person disseminating an advertisement that includes
3063 a form or template to be completed by the consumer with the
3064 claim that such form or template will assist the consumer in
3065 complying with a legal filing or record retention requirement
3066 must provide the notice specified in paragraph (b) on
3067 advertisements as follows:
3068 1. For printed or written advertisements, the notice must
3069 be in the same font size, color, style, and visibility as
3070 primarily used elsewhere on the page or envelope and displayed
3071 as follows:
3072 a. On the outside front of any mailing envelope used in
3073 disseminating the advertisement.
3074 b. At the top of each printed or written page used in the
3076 2. For electronic advertisements, the notice must be in the
3077 same font size, color, style, and visibility as the body text
3078 primarily used in the e-mail or web page and displayed as
3080 a. At the beginning of each e-mail message, before any
3081 offer or other substantive information.
3082 b. In a prominent location on each web page, such as the
3083 top of each page or immediately following the offer or other
3084 substantive information on the page.
3085 (b) Advertisements specified in paragraph (a) must include
3086 the following disclosure:
3088 “IMPORTANT NOTICE:
3090 You are NOT required to purchase anything from this company and
3091 the company is NOT affiliated, endorsed, or approved by any
3092 governmental entity. The item offered in this advertisement has
3093 NOT been approved or endorsed by any governmental agency, and
3094 this offer is NOT being made by an agency of the government.”
3096 (7) PENALTIES.—
3097 (a) Any person substantially affected by a violation of
3098 this section may bring an action in a court of proper
3099 jurisdiction to enforce the provisions of this section. A person
3100 prevailing in a civil action for a violation of this section
3101 shall be awarded costs, including reasonable attorney fees, and
3102 may be awarded punitive damages in addition to actual damages
3103 proven. This provision is in addition to any other remedies
3104 prescribed by law.
3105 (b) The department may bring one or more of the following
3106 for a violation of this section:
3107 1. A civil action in circuit court for:
3108 a. Temporary or permanent injunctive relief to enforce this
3110 b. For printed advertisements and e-mail, a fine of up to
3111 $1,000 for each separately addressed advertisement or message
3112 containing content in violation of paragraphs (4)(a)-(d)
3113 received by or addressed to a state resident.
3114 c. For websites, a fine of up to $5,000 for each day a
3115 website, with content in violation of paragraphs (4)(a)-(d), is
3116 published and made available to the general public.
3117 d. For violations of paragraph (4)(e), a fine of up to
3118 $5,000 for each violation.
3119 e. Recovery of restitution and damages on behalf of persons
3120 substantially affected by a violation of this section.
3121 f. The recovery of court costs and reasonable attorney
3123 2. An action for an administrative fine in the Class III
3124 category pursuant to s. 570.971 for each act or omission which
3125 constitutes a violation under this section.
3126 (c) The department may terminate any investigation or
3127 action upon agreement by the alleged offender to pay a
3128 stipulated fine, make restitution, pay damages to customers, or
3129 satisfy any other relief authorized by this section.
3130 (d) In addition to any remedies or penalties set forth in
3131 this section, any person who violates paragraphs (4) (a)-(d)
3132 also commits an unfair or deceptive trade practice in violation
3133 of part II of chapter 501 and is subject to the penalties and
3134 remedies imposed for such violation.
3135 Section 59. Paragraph (m) of subsection (3) of section
3136 489.105, Florida Statutes, is amended to read:
3137 489.105 Definitions.—As used in this part:
3138 (3) “Contractor” means the person who is qualified for, and
3139 is only responsible for, the project contracted for and means,
3140 except as exempted in this part, the person who, for
3141 compensation, undertakes to, submits a bid to, or does himself
3142 or herself or by others construct, repair, alter, remodel, add
3143 to, demolish, subtract from, or improve any building or
3144 structure, including related improvements to real estate, for
3145 others or for resale to others; and whose job scope is
3146 substantially similar to the job scope described in one of the
3147 paragraphs of this subsection. For the purposes of regulation
3148 under this part, the term “demolish” applies only to demolition
3149 of steel tanks more than 50 feet in height; towers more than 50
3150 feet in height; other structures more than 50 feet in height;
3151 and all buildings or residences. Contractors are subdivided into
3152 two divisions, Division I, consisting of those contractors
3153 defined in paragraphs (a)-(c), and Division II, consisting of
3154 those contractors defined in paragraphs (d)-(q):
3155 (m) “Plumbing contractor” means a contractor whose services
3156 are unlimited in the plumbing trade and includes contracting
3157 business consisting of the execution of contracts requiring the
3158 experience, financial means, knowledge, and skill to install,
3159 maintain, repair, alter, extend, or, if not prohibited by law,
3160 design plumbing. A plumbing contractor may install, maintain,
3161 repair, alter, extend, or, if not prohibited by law, design the
3162 following without obtaining an additional local regulatory
3163 license, certificate, or registration: sanitary drainage or
3164 storm drainage facilities, water and sewer plants and
3165 substations, venting systems, public or private water supply
3166 systems, septic tanks, drainage and supply wells, swimming pool
3167 piping, irrigation systems, and solar heating water systems and
3168 all appurtenances, apparatus, or equipment used in connection
3169 therewith, including boilers and pressure process piping and
3170 including the installation of water, natural gas, liquefied
3171 petroleum gas and related venting, and storm and sanitary sewer
3172 lines. The scope of work of the plumbing contractor also
3173 includes the design, if not prohibited by law, and installation,
3174 maintenance, repair, alteration, or extension of air-piping,
3175 vacuum line piping, oxygen line piping, nitrous oxide piping,
3176 and all related medical gas systems; fire line standpipes and
3177 fire sprinklers if authorized by law; ink and chemical lines;
3178 fuel oil and gasoline piping and tank and pump installation,
3179 except bulk storage plants; and pneumatic control piping
3180 systems, all in a manner that complies with all plans,
3181 specifications, codes, laws, and regulations applicable. The
3182 scope of work of the plumbing contractor applies to private
3183 property and public property, including any excavation work
3184 incidental thereto, and includes the work of the specialty
3185 plumbing contractor. Such contractor shall subcontract, with a
3186 qualified contractor in the field concerned, all other work
3187 incidental to the work but which is specified as being the work
3188 of a trade other than that of a plumbing contractor. This
3189 definition does not limit the scope of work of any specialty
3190 contractor certified pursuant to s. 489.113(6) and does not
3191 require certification or registration under this part as a
3192 category I liquefied petroleum gas dealer, or category V LP gas
3193 installer, as defined in s. 527.01, or specialty installer who
3194 is licensed under chapter 527 or an authorized employee of a
3195 public natural gas utility or of a private natural gas utility
3196 regulated by the Public Service Commission when disconnecting
3197 and reconnecting water lines in the servicing or replacement of
3198 an existing water heater. A plumbing contractor may perform
3199 drain cleaning and clearing and install or repair rainwater
3200 catchment systems; however, a mandatory licensing requirement is
3201 not established for the performance of these specific services.
3202 Section 60. Subsection (3) of section 527.06, Florida
3203 Statutes, is reenacted to read:
3204 527.06 Rules.—
3205 (3) Rules in substantial conformity with the published
3206 standards of the National Fire Protection Association (NFPA) are
3207 deemed to be in substantial conformity with the generally
3208 accepted standards of safety concerning the same subject matter.
3209 Section 61. This act shall take effect July 1, 2018.