2018 Legislature CS for CS for SB 740, 1st Engrossed
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 responsibilities of the team in coordination with the
15 Division of Emergency Management; requiring, during
16 emergency and disaster situations, the division to
17 coordinate with the department for specified purposes;
18 amending s. 316.565, F.S.; revising the Governor’s
19 authority, to include agricultural products instead of
20 only perishable food, in declaring an emergency
21 relating to the transport of such products when there
22 is a breakdown in the normal public transportation
23 facilities necessary to move such products;
24 authorizing the Department of Transportation to issue,
25 and specifying that certain law enforcement officers
26 must accept, electronic verification of permits during
27 a declared state of emergency; providing that such
28 permits are valid for up to a specified period, but no
29 longer than the duration of the declared state of
30 emergency or any extension thereof; requiring the
31 Department of Transportation to consult with the
32 Department of Agriculture and Consumer Services and
33 stakeholders in the agricultural industry in
34 implementing emergency transportation assistance for
35 agricultural products; amending s. 379.361, F.S.;
36 transferring authority to issue licenses for oyster
37 harvesting in Apalachicola Bay from the department to
38 the City of Apalachicola; revising the disposition and
39 permitted uses of license proceeds; amending s.
40 487.041, F.S.; deleting obsolete provisions; deleting
41 a requirement that all pesticide registration fees be
42 submitted electronically; amending s. 496.415, F.S.;
43 prohibiting the commingling of funds in connection
44 with the planning, conduct, or execution of any
45 solicitation or charitable or sponsor sales promotion;
46 amending s. 496.418, F.S.; revising recordkeeping and
47 accounting requirements for solicitations of funds;
48 specifying a rebuttable presumption under certain
49 circumstances; amending s. 500.459, F.S.; revising
50 permitting requirements and operating standards for
51 water vending machines; amending s. 501.059, F.S.;
52 revising the term “telephonic sales call” to include
53 voicemail transmissions; defining the term “voicemail
54 transmission”; prohibiting the transmission of
55 voicemails to specified persons who communicate to a
56 telephone solicitor that they would not like to
57 receive certain voicemail solicitations or requests
58 for donations; requiring a solicitor to ensure that if
59 a telephone number is available through a caller
60 identification system, that telephone number must be
61 capable of receiving calls and must connect the
62 original call recipient to the solicitor; revising
63 civil penalties; creating s. 501.6175, F.S.;
64 specifying recordkeeping requirements for commercial
65 telephone sellers; amending s. 501.912, F.S.; revising
66 terms; amending s. 501.913, F.S.; authorizing
67 antifreeze brands to be registered for a specified
68 period; deleting a provision relating to the
69 registration of brands that are no longer in
70 production; specifying a certified report requirement
71 for first-time applications; amending s. 501.917,
72 F.S.; revising department sampling and analysis
73 requirements for antifreeze; specifying that the
74 certificate of analysis is prima facie evidence of the
75 facts stated therein; amending s. 501.92, F.S.;
76 revising when the department may require an antifreeze
77 formula for analysis; amending s. 525.07, F.S.;
78 authorizing the department to seize skimming devices
79 without a warrant; amending s. 526.51, F.S.; revising
80 application requirements and fees for brake fluid
81 brands; deleting a provision relating to the
82 registration of brands that are no longer in
83 production; amending s. 526.53, F.S.; revising
84 department sampling and analysis requirements for
85 brake fluid; specifying that the certificate of
86 analysis is prima facie evidence of the facts stated
87 therein; amending s. 527.01, F.S.; revising terms;
88 amending s. 527.02, F.S.; revising the persons subject
89 to liquefied petroleum business licensing provisions;
90 revising such licensing fees and requirements;
91 revising reporting and fee requirements for certain
92 material changes to license information; deleting a
93 provision authorizing license transfers; amending s.
94 527.0201, F.S.; revising the persons subject to
95 liquefied petroleum qualifier competency examination,
96 registry, supervisory, and employment requirements;
97 revising the expiration of qualifier registrations;
98 revising the persons subject to master qualifier
99 requirements; revising master qualifier application
100 requirements; deleting provisions specifying that a
101 failure to replace master qualifiers within certain
102 periods constitutes grounds for license revocation;
103 deleting a provision relating to facsimile
104 transmission of duplicate licenses; amending s.
105 527.021, F.S.; revising the circumstances under which
106 liquefied petroleum gas bulk delivery vehicles must be
107 registered with the department; amending s. 527.03,
108 F.S.; authorizing certain liquefied petroleum gas
109 registrations to be renewed for 2 or 3 years; deleting
110 certain renewal period requirements; amending s.
111 527.04, F.S.; revising the persons required to provide
112 the department with proof of insurance; revising the
113 required payee for a bond in lieu of such insurance;
114 amending s. 527.0605, F.S.; deleting provisions
115 requiring licensees to submit a site plan and review
116 fee for liquefied petroleum bulk storage container
117 locations; amending s. 527.065, F.S.; revising the
118 circumstances under which a liquefied petroleum gas
119 licensee must notify the department of an accident;
120 amending s. 527.067, F.S.; requiring certain liquefied
121 petroleum gas dealers to provide notice within a
122 specified period before rendering a consumer’s
123 liquefied petroleum gas equipment or system inoperable
124 or discontinuing service; providing an exception;
125 amending ss. 527.10 and 527.21, F.S.; conforming
126 provisions to changes made by the act; amending s.
127 527.22, F.S.; deleting an obsolete provision; amending
128 s. 531.67, F.S.; extending the expiration date of
129 certain provisions relating to permits for
130 commercially operated or tested weights or measures
131 instruments or devices; amending s. 534.47, F.S.;
132 revising and providing definitions; amending s.
133 534.49, F.S.; conforming provisions to changes made by
134 the act; repealing s. 534.50, F.S., relating to
135 reporting and notice requirements for dishonored
136 checks and drafts for payment of livestock purchases;
137 amending s. 534.501, F.S.; providing that delaying or
138 failing to make payment for certain livestock is an
139 unfair and deceptive act; repealing s. 534.51, F.S.,
140 relating to the prohibition of the filing of
141 complaints by certain livestock markets; amending s.
142 534.54, F.S.; providing that purchasers who delay or
143 fail to render payment for purchased livestock are
144 liable for certain fees, costs, and expenses;
145 conforming provisions to changes made by the act;
146 amending s. 570.07, F.S.; authorizing the department
147 to waive certain fees during a state of emergency;
148 amending s. 573.111, F.S.; revising the required
149 posting location for the issuance of an agricultural
150 commodity marketing order; amending s. 578.011, F.S.;
151 revising and defining terms; creating s. 578.012,
152 F.S.; providing legislative intent; creating a
153 preemption of local law relating to regulation of
154 seed; amending s. 578.08, F.S.; revising application
155 requirements for the registration of seed dealers;
156 conforming provisions to changes made by the act;
157 specifying that a receipt from the department need not
158 be written to constitute a permit; deleting an
159 exception to registration requirements for certain
160 experiment stations; requiring the payment of fees
161 when packet seed is placed into commerce; amending s.
162 578.09, F.S.; revising labeling requirements for
163 agricultural, vegetable, flower, tree, and shrub
164 seeds; conforming a cross-reference; repealing s.
165 578.091, F.S., relating to labeling of forest tree
166 seed; amending s. 578.10, F.S.; revising exemptions to
167 seed labeling, sale, and solicitation requirements;
168 amending s. 578.11, F.S.; conforming provisions to
169 changes made by the act; making technical changes;
170 amending s. 578.12, F.S.; conforming provisions to
171 changes made by the act; amending s. 578.13, F.S.;
172 conforming provisions to changes made by the act;
173 specifying that it is unlawful to move, handle, or
174 dispose of seeds or tags under a stop-sale notice or
175 order without permission from the department;
176 specifying that it is unlawful to represent seed as
177 certified except under specified conditions or to
178 label seed with a variety name under certain
179 conditions; repealing s. 578.14, F.S., relating to
180 packet vegetable and flower seed; amending s. 578.181,
181 F.S.; revising penalties; amending s. 578.23, F.S.;
182 revising recordkeeping requirements relating to seed
183 labeling; amending s. 578.26, F.S.; conforming
184 provisions to changes made by the act; specifying that
185 certain persons may not commence legal proceedings or
186 make certain claims against a seed dealer before
187 certain findings and recommendations are transmitted
188 by the seed investigation and conciliation council to
189 the complainant and dealer; deleting a requirement
190 that the department transmit such findings and
191 recommendations to complainants and dealers; requiring
192 the department to mail a copy of the council’s
193 procedures to both parties upon receipt of a
194 complaint; amending s. 578.27, F.S.; removing
195 alternate membership from the seed investigation and
196 conciliation council; revising the terms of members of
197 the council; conforming provisions to changes made by
198 the act; revising the purpose of the council; revising
199 the council’s investigatory process; renumbering and
200 amending s. 578.28, F.S.; making a technical change;
201 creating s. 578.29, F.S.; prohibiting certain noxious
202 weed seed from being offered or exposed for sale;
203 amending s. 590.02, F.S.; authorizing the Florida
204 Forest Service to pay certain employees’ initial
205 commercial driver license examination fees; creating
206 s. 817.417, F.S.; providing a short title; defining
207 terms; specifying department duties and
208 responsibilities relating to government impostor and
209 deceptive advertisements; requiring rulemaking by the
210 department; specifying that it is a violation to
211 disseminate certain misleading or confusing
212 advertisements, to make certain misleading or
213 confusing representations, to use content implying or
214 leading to confusion that such content is from a
215 governmental entity when such is not true, to fail to
216 provide certain disclosures, and to fail to provide
217 certain responses and answers to the department;
218 requiring a person offering documents that are
219 available free of charge or at a lesser price from a
220 governmental entity to provide a certain disclosure;
221 providing penalties; amending s. 489.105, F.S.;
222 conforming provisions to changes made by the act;
223 reenacting s. 527.06(3), F.S., relating to published
224 standards of the National Fire Protection Association;
225 providing an effective date.
227 Be It Enacted by the Legislature of the State of Florida:
229 Section 1. Section 193.461, Florida Statutes, is amended to
231 193.461 Agricultural lands; classification and assessment;
232 mandated eradication or quarantine program; natural disasters.—
233 (1) The property appraiser shall, on an annual basis,
234 classify for assessment purposes all lands within the county as
235 either agricultural or nonagricultural.
236 (2) Any landowner whose land is denied agricultural
237 classification by the property appraiser may appeal to the value
238 adjustment board. The property appraiser shall notify the
239 landowner in writing of the denial of agricultural
240 classification on or before July 1 of the year for which the
241 application was filed. The notification shall advise the
242 landowner of his or her right to appeal to the value adjustment
243 board and of the filing deadline. The property appraiser shall
244 have available at his or her office a list by ownership of all
245 applications received showing the acreage, the full valuation
246 under s. 193.011, the valuation of the land under the provisions
247 of this section, and whether or not the classification requested
248 was granted.
249 (3)(a) Lands may not be classified as agricultural lands
250 unless a return is filed on or before March 1 of each year.
251 Before classifying such lands as agricultural lands, the
252 property appraiser may require the taxpayer or the taxpayer’s
253 representative to furnish the property appraiser such
254 information as may reasonably be required to establish that such
255 lands were actually used for a bona fide agricultural purpose.
256 Failure to make timely application by March 1 constitutes a
257 waiver for 1 year of the privilege granted in this section for
258 agricultural assessment. However, an applicant who is qualified
259 to receive an agricultural classification who fails to file an
260 application by March 1 must file an application for the
261 classification with the property appraiser on or before the 25th
262 day after the mailing by the property appraiser of the notice
263 required under s. 194.011(1). Upon receipt of sufficient
264 evidence, as determined by the property appraiser, that
265 demonstrates that the applicant was unable to apply for the
266 classification in a timely manner or that otherwise demonstrates
267 extenuating circumstances that warrant the granting of the
268 classification, the property appraiser may grant the
269 classification. If the applicant files an application for the
270 classification and fails to provide sufficient evidence to the
271 property appraiser as required, the applicant may file, pursuant
272 to s. 194.011(3), a petition with the value adjustment board
273 requesting that the classification be granted. The petition may
274 be filed at any time during the taxable year on or before the
275 25th day following the mailing of the notice by the property
276 appraiser as provided in s. 194.011(1). Notwithstanding s.
277 194.013, the applicant must pay a nonrefundable fee of $15 upon
278 filing the petition. Upon reviewing the petition, if the person
279 is qualified to receive the classification and demonstrates
280 particular extenuating circumstances judged by the value
281 adjustment board to warrant granting the classification, the
282 value adjustment board may grant the classification for the
283 current year. The owner of land that was classified agricultural
284 in the previous year and whose ownership or use has not changed
285 may reapply on a short form as provided by the department. The
286 lessee of property may make original application or reapply
287 using the short form if the lease, or an affidavit executed by
288 the owner, provides that the lessee is empowered to make
289 application for the agricultural classification on behalf of the
290 owner and a copy of the lease or affidavit accompanies the
291 application. A county may, at the request of the property
292 appraiser and by a majority vote of its governing body, waive
293 the requirement that an annual application or statement be made
294 for classification of property within the county after an
295 initial application is made and the classification granted by
296 the property appraiser. Such waiver may be revoked by a majority
297 vote of the governing body of the county.
298 (b) Subject to the restrictions specified in this section,
299 only lands that are used primarily for bona fide agricultural
300 purposes shall be classified agricultural. The term “bona fide
301 agricultural purposes” means good faith commercial agricultural
302 use of the land.
303 1. In determining whether the use of the land for
304 agricultural purposes is bona fide, the following factors may be
305 taken into consideration:
306 a. The length of time the land has been so used.
307 b. Whether the use has been continuous.
308 c. The purchase price paid.
309 d. Size, as it relates to specific agricultural use, but a
310 minimum acreage may not be required for agricultural assessment.
311 e. Whether an indicated effort has been made to care
312 sufficiently and adequately for the land in accordance with
313 accepted commercial agricultural practices, including, without
314 limitation, fertilizing, liming, tilling, mowing, reforesting,
315 and other accepted agricultural practices.
316 f. Whether the land is under lease and, if so, the
317 effective length, terms, and conditions of the lease.
318 g. Such other factors as may become applicable.
319 2. Offering property for sale does not constitute a primary
320 use of land and may not be the basis for denying an agricultural
321 classification if the land continues to be used primarily for
322 bona fide agricultural purposes while it is being offered for
324 (c) The maintenance of a dwelling on part of the lands used
325 for agricultural purposes does
shall not in itself preclude an
326 agricultural classification.
327 (d) When property receiving an agricultural classification
328 contains a residence under the same ownership, the portion of
329 the property consisting of the residence and curtilage must be
330 assessed separately, pursuant to s. 193.011, to qualify for the
331 assessment limitation set forth in s. 193.155. The remaining
332 property may be classified under the provisions of paragraphs
333 (a) and (b).
334 (e) Notwithstanding the provisions of paragraph (a), land
335 that has received an agricultural classification from the value
336 adjustment board or a court of competent jurisdiction pursuant
337 to this section is entitled to receive such classification in
338 any subsequent year until such agricultural use of the land is
339 abandoned or discontinued, the land is diverted to a
340 nonagricultural use, or the land is reclassified as
341 nonagricultural pursuant to subsection (4). The property
342 appraiser must, no later than January 31 of each year, provide
343 notice to the owner of land that was classified agricultural in
344 the previous year informing the owner of the requirements of
345 this paragraph and requiring the owner to certify that neither
346 the ownership nor the use of the land has changed. The
347 department shall, by administrative rule, prescribe the form of
348 the notice to be used by the property appraiser under this
349 paragraph. If a county has waived the requirement that an annual
350 application or statement be made for classification of property
351 pursuant to paragraph (a), the county may, by a majority vote of
352 its governing body, waive the notice and certification
353 requirements of this paragraph and shall provide the property
354 owner with the same notification provided to owners of land
355 granted an agricultural classification by the property
356 appraiser. Such waiver may be revoked by a majority vote of the
357 county’s governing body. This paragraph does not apply to any
358 property if the agricultural classification of that property is
359 the subject of current litigation.
360 (4) The property appraiser shall reclassify the following
361 lands as nonagricultural:
362 (a) Land diverted from an agricultural to a nonagricultural
364 (b) Land no longer being utilized for agricultural
366 (5) For the purpose of this section, the term “agricultural
367 purposes” includes, but is not limited to, horticulture;
368 floriculture; viticulture; forestry; dairy; livestock; poultry;
369 bee; pisciculture, if the land is used principally for the
370 production of tropical fish; aquaculture, including algaculture;
371 sod farming; and all forms of farm products as defined in s.
372 823.14(3) and farm production.
373 (6)(a) In years in which proper application for
374 agricultural assessment has been made and granted pursuant to
375 this section, the assessment of land shall be based solely on
376 its agricultural use. The property appraiser shall consider the
377 following use factors only:
378 1. The quantity and size of the property;
379 2. The condition of the property;
380 3. The present market value of the property as agricultural
382 4. The income produced by the property;
383 5. The productivity of land in its present use;
384 6. The economic merchantability of the agricultural
385 product; and
386 7. Such other agricultural factors as may from time to time
387 become applicable, which are reflective of the standard present
388 practices of agricultural use and production.
389 (b) Notwithstanding any provision relating to annual
390 assessment found in s. 192.042, the property appraiser shall
391 rely on 5-year moving average data when utilizing the income
392 methodology approach in an assessment of property used for
393 agricultural purposes.
394 (c)1. For purposes of the income methodology approach to
395 assessment of property used for agricultural purposes,
396 irrigation systems, including pumps and motors, physically
397 attached to the land shall be considered a part of the average
398 yields per acre and shall have no separately assessable
399 contributory value.
400 2. Litter containment structures located on producing
401 poultry farms and animal waste nutrient containment structures
402 located on producing dairy farms shall be assessed by the
403 methodology described in subparagraph 1.
404 3. Structures or improvements used in horticultural
405 production for frost or freeze protection, which are consistent
406 with the interim measures or best management practices adopted
407 by the Department of Agriculture and Consumer Services pursuant
408 to s. 570.93 or s. 403.067(7)(c), shall be assessed by the
409 methodology described in subparagraph 1.
410 4. Screened enclosed structures used in horticultural
411 production for protection from pests and diseases or to comply
412 with state or federal eradication or compliance agreements shall
413 be assessed by the methodology described in subparagraph 1.
414 (d) In years in which proper application for agricultural
415 assessment has not been made, the land shall be assessed under
416 the provisions of s. 193.011.
417 (7)(a) Lands classified for assessment purposes as
418 agricultural lands which are taken out of production by a state
419 or federal eradication or quarantine program, including the
420 Citrus Health Response Program, shall continue to be classified
421 as agricultural lands for 5 years after the date of execution of
422 a compliance agreement between the landowner and the Department
423 of Agriculture and Consumer Services or a federal agency, as
424 applicable, pursuant to such program or successor programs.
425 Lands under these programs which are converted to fallow or
426 otherwise nonincome-producing uses shall continue to be
427 classified as agricultural lands and shall be assessed at a de
428 minimis value of up to $50 per acre on a single-year assessment
429 methodology while fallow or otherwise used for nonincome
430 producing purposes. Lands under these programs which are
431 replanted in citrus pursuant to the requirements of the
432 compliance agreement shall continue to be classified as
433 agricultural lands and shall be assessed at a de minimis value
434 of up to $50 per acre, on a single-year assessment methodology,
435 during the 5-year term of agreement. However, lands converted to
436 other income-producing agricultural uses permissible under such
437 programs shall be assessed pursuant to this section. Land under
438 a mandated eradication or quarantine program which is diverted
439 from an agricultural to a nonagricultural use shall be assessed
440 under s. 193.011.
441 (b) Lands classified for assessment purposes as
442 agricultural lands that participate in a dispersed water storage
443 program pursuant to a contract with the Department of
444 Environmental Protection or a water management district which
445 requires flooding of land shall continue to be classified as
446 agricultural lands for the duration of the inclusion of the
447 lands in such program or successor programs and shall be
448 assessed as nonproductive agricultural lands. Land that
449 participates in a dispersed water storage program that is
450 diverted from an agricultural to a nonagricultural use shall be
451 assessed under s. 193.011.
452 (c) Lands classified for assessment purposes as
453 agricultural lands which are not being used for agricultural
454 production as a result of a natural disaster for which a state
455 of emergency is declared pursuant to s. 252.36, when such
456 disaster results in the halting of agricultural production, must
457 continue to be classified as agricultural lands for 5 years
458 after termination of the emergency declaration. However, if such
459 lands are diverted from agricultural use to nonagricultural use
460 during or after the 5-year recovery period, such lands must be
461 assessed under s. 193.011. This paragraph applies retroactively
462 to natural disasters that occurred on or after July 1, 2017.
463 Section 2. Section 252.3569, Florida Statutes, is created
464 to read:
465 252.3569 Florida state agricultural response team;
466 emergency response to animal, agricultural, and vector issues.
467 The Legislature finds that the Department of Agriculture and
468 Consumer Services is the lead agency for animal, agricultural,
469 and vector issues in the state. Pursuant to this responsibility,
470 there is established within the Department of Agriculture and
471 Consumer Services a state agricultural response team.
472 (1) The state agricultural response team, in coordination
473 with the division, is responsible for the development, training,
474 and support of county agricultural response teams and other
475 nonemergency support functions.
476 (2) During emergency or disaster situations, as described
477 by the Florida Comprehensive Emergency Management Plan, the
478 division shall coordinate with the Department of Agriculture and
479 Consumer Services for the purposes of:
480 (a) Oversight of the emergency management functions of
481 preparedness, recovery, mitigation, and response with all
482 agencies and organizations that are involved with the state’s
483 response activities to animal, agricultural, and vector issues;
485 (b) Staffing the Emergency Support Function 17 at the State
486 Emergency Operations Center and staffing, as necessary, at
487 county emergency operations centers.
488 Section 3. Section 316.565, Florida Statutes, is amended to
490 316.565 Emergency transportation, agricultural products
491 perishable food; establishment of weight loads, etc.—
492 (1) The Governor may declare an emergency to exist when
493 there is a breakdown in the normal public transportation
494 facilities necessary in moving agricultural products, as defined
495 in s. 604.60, perishable food crops grown in the state. The
496 Department of Transportation is authorized during such emergency
497 to establish such weight loads for hauling over the highways
498 from the fields or packinghouses to the nearest available public
499 transportation facility as circumstances demand. The Department
500 of Transportation may issue, and any law enforcement officer
501 authorized to enforce the traffic laws of this state must
502 accept, electronic verification of permits during such an
503 emergency. A permit issued pursuant to this section is valid for
504 up to 60 days; however, the validity of the permit may not
505 exceed the period of the declared state of emergency or any
506 extension thereof. The Department of Transportation shall
507 designate special highway routes, excluding the interstate
508 highway system, to facilitate the trucking and render any other
509 assistance needed to expedite moving the agricultural products
511 (2) It is the intent of the Legislature in this chapter to
512 supersede any existing laws when necessary to protect and save
513 any agricultural products perishable food crops grown in the
514 state and give authority for agencies to provide necessary
515 temporary assistance requested during any such emergency. The
516 department shall consult with the Department of Agriculture and
517 Consumer Services and stakeholders in the agricultural industry
518 in implementing this section.
519 Section 4. Paragraphs (b), (d), and (i) of subsection (5)
520 of section 379.361, Florida Statutes, are amended to read:
521 379.361 Licenses.—
522 (5) APALACHICOLA BAY OYSTER HARVESTING LICENSE.—
523 (b) A No person may not shall harvest oysters from the
524 Apalachicola Bay without a valid Apalachicola Bay oyster
525 harvesting license issued by the City of Apalachicola Department
526 of Agriculture and Consumer Services. This requirement does
527 shall not apply to anyone harvesting noncommercial quantities of
528 oysters in accordance with commission rules, or to any person
529 less than 18 years old.
530 (d) The City of Apalachicola Department of Agriculture and
531 Consumer Services shall collect an annual fee of $100 from state
532 residents and $500 from nonresidents for the issuance of an
533 Apalachicola Bay oyster harvesting license. The license year
534 shall begin on July 1 of each year and end on June 30 of the
535 following year. The license shall be valid only for the
536 licensee. Only bona fide residents of the state Florida may
537 obtain a resident license pursuant to this subsection.
538 (i) The proceeds from Apalachicola Bay oyster harvesting
539 license fees shall be deposited by the City of Apalachicola into
540 a trust account in the General Inspection Trust Fund and, less
541 reasonable administrative costs, must shall be used or
542 distributed by the City of Apalachicola Department of
543 Agriculture and Consumer Services for the following purposes in
544 Apalachicola Bay:
545 1. An Apalachicola Bay oyster shell recycling program
546 Relaying and transplanting live oysters.
547 2. Shell planting to construct or rehabilitate oyster bars.
548 3. Education programs for licensed oyster harvesters on
549 oyster biology, aquaculture, boating and water safety,
550 sanitation, resource conservation, small business management,
551 marketing, and other relevant subjects.
552 4. Research directed toward the enhancement of oyster
553 production in the bay and the water management needs of the bay.
554 Section 5. Paragraphs (a), (b), and (i) of subsection (1)
555 of section 487.041, Florida Statutes, are amended to read:
556 487.041 Registration.—
557 (1)(a) Effective January 1, 2009, Each brand of pesticide,
558 as defined in s. 487.021, which is distributed, sold, or offered
559 for sale, except as provided in this section, within this state
560 or delivered for transportation or transported in intrastate
561 commerce or between points within this state through any point
562 outside this state must be registered in the office of the
563 department, and such registration shall be renewed biennially.
564 Emergency exemptions from registration may be authorized in
565 accordance with the rules of the department. The registrant
566 shall file with the department a statement including:
567 1. The name, business mailing address, and street address
568 of the registrant.
569 2. The name of the brand of pesticide.
570 3. An ingredient statement and a complete current copy of
571 the labeling accompanying the brand of pesticide, which must
572 conform to the registration, and a statement of all claims to be
573 made for it, including directions for use and a guaranteed
574 analysis showing the names and percentages by weight of each
575 active ingredient, the total percentage of inert ingredients,
576 and the names and percentages by weight of each “added
578 (b) Effective January 1, 2009, For the purpose of defraying
579 expenses of the department in connection with carrying out the
580 provisions of this part, each registrant shall pay a biennial
581 registration fee for each registered brand of pesticide. The
582 registration of each brand of pesticide shall cover a designated
583 2-year period beginning on January 1 of each odd-numbered year
584 and expiring on December 31 of the following year.
585 (i) Effective January 1, 2013, all payments of any
586 pesticide registration fees, including late fees, shall be
587 submitted electronically using the department’s Internet website
588 for registration of pesticide product brands.
589 Section 6. Subsection (19) is added to section 496.415,
590 Florida Statutes, to read:
591 496.415 Prohibited acts.—It is unlawful for any person in
592 connection with the planning, conduct, or execution of any
593 solicitation or charitable or sponsor sales promotion to:
594 (19) Commingle charitable contributions with noncharitable
596 Section 7. Section 496.418, Florida Statutes, is amended to
598 496.418 Recordkeeping and accounting Records.—
599 (1) Each charitable organization, sponsor, professional
600 fundraising consultant, and professional solicitor that collects
601 or takes control or possession of contributions made for a
602 charitable purpose must keep records to permit accurate
603 reporting and auditing as required by law, must not commingle
604 contributions with noncharitable funds as specified in s.
605 496.415(19), and must be able to account for the funds. When
606 expenditures are not properly documented and disclosed by
607 records, there exists a rebuttable presumption that the
608 charitable organization, sponsor, professional fundraising
609 consultant, or professional solicitor did not properly expend
610 such funds. Noncharitable funds include any funds that are not
611 used or intended to be used for the operation of the charity or
612 for charitable purposes.
613 (2) Each charitable organization, sponsor, professional
614 fundraising consultant, and professional solicitor must keep for
615 a period of at least 3 years true and accurate records as to its
616 activities in this state which are covered by ss. 496.401
617 496.424. The records must be made available, without subpoena,
618 to the department for inspection and must be furnished no later
619 than 10 working days after requested.
620 Section 8. Paragraph (b) of subsection (3) and paragraph
621 (i) of subsection (5) of section 500.459, Florida Statutes, are
622 amended to read:
623 500.459 Water vending machines.—
624 (3) PERMITTING REQUIREMENTS.—
625 (b) An application for an operating permit must be made in
626 writing to the department on forms provided by the department
627 and must be accompanied by a fee as provided in subsection (4).
628 The application must state the location of each water vending
629 machine, the source of the water to be vended, the treatment the
630 water will receive prior to being vended, and any other
631 information considered necessary by the department.
632 (5) OPERATING STANDARDS.—
633 (i) The operator shall place on each water vending machine,
634 in a position clearly visible to customers, the following
635 information: the name and address of the operator; the operating
636 permit number; the fact that the water is obtained from a public
637 water supply; the method of treatment used; the method of
638 postdisinfection used; and a local or toll-free telephone number
639 that may be called for obtaining further information, reporting
640 problems, or making complaints.
641 Section 9. Paragraph (g) of subsection (1) of section
642 501.059, Florida Statutes, is amended, and paragraph (i) is
643 added to that subsection, and subsection (5), paragraph (c) of
644 subsection (8), and subsection (9) of that section are amended,
645 to read:
646 501.059 Telephone solicitation.—
647 (1) As used in this section, the term:
648 (g) “Telephonic sales call” means a telephone call, or text
649 message, or voicemail transmission to a consumer for the purpose
650 of soliciting a sale of any consumer goods or services,
651 soliciting an extension of credit for consumer goods or
652 services, or obtaining information that will or may be used for
653 the direct solicitation of a sale of consumer goods or services
654 or an extension of credit for such purposes.
655 (i) “Voicemail transmission” means technologies that
656 deliver a voice message directly to a voicemail application,
657 service, or device.
658 (5) A telephone solicitor or other person may not initiate
659 an outbound telephone call, or text message, or voicemail
660 transmission to a consumer, business, or donor or potential
661 donor who has previously communicated to the telephone solicitor
662 or other person that he or she does not wish to receive an
663 outbound telephone call, or text message, or voicemail
665 (a) Made by or on behalf of the seller whose goods or
666 services are being offered; or
667 (b) Made on behalf of a charitable organization for which a
668 charitable contribution is being solicited.
670 (c) It shall be unlawful for any person who makes a
671 telephonic sales call or causes a telephonic sales call to be
672 made to fail to transmit or cause not to be transmitted the
673 originating telephone number and, when made available by the
674 telephone solicitor’s carrier, the name of the telephone
675 solicitor to any caller identification service in use by a
676 recipient of a telephonic sales call. However, it shall not be a
677 violation to substitute, for the name and telephone number used
678 in or billed for making the call, the name of the seller on
679 behalf of which a telephonic sales call is placed and the
680 seller’s customer service telephone number, which is answered
681 during regular business hours. If a telephone number is made
682 available through a caller identification service as a result of
683 a telephonic sales call, the solicitor must ensure that
684 telephone number is capable of receiving telephone calls and
685 must connect the original call recipient, upon calling such
686 number, to the telephone solicitor or to the seller on behalf of
687 which a telephonic sales call was placed. For purposes of this
688 section, the term “caller identification service” means a
689 service that allows a telephone subscriber to have the telephone
690 number and, where available, the name of the calling party
691 transmitted contemporaneously with the telephone call and
692 displayed on a device in or connected to the subscriber’s
694 (9)(a) The department shall investigate any complaints
695 received concerning violations of this section. If, after
696 investigating a complaint, the department finds that there has
697 been a violation of this section, the department or the
698 Department of Legal Affairs may bring an action to impose a
699 civil penalty and to seek other relief, including injunctive
700 relief, as the court deems appropriate against the telephone
701 solicitor. The civil penalty shall be in the Class IV III
702 category pursuant to s. 570.971 for each violation and shall be
703 deposited in the General Inspection Trust Fund if the action or
704 proceeding was brought by the department, or the Legal Affairs
705 Revolving Trust Fund if the action or proceeding was brought by
706 the Department of Legal Affairs. This civil penalty may be
707 recovered in any action brought under this part by the
708 department, or the department may terminate any investigation or
709 action upon agreement by the person to pay a stipulated civil
710 penalty. The department or the court may waive any civil penalty
711 if the person has previously made full restitution or
712 reimbursement or has paid actual damages to the consumers who
713 have been injured by the violation.
714 (b) The department may, as an alternative to the civil
715 penalties provided in paragraph (a), impose an administrative
716 fine in the Class III I category pursuant to s. 570.971 for each
717 act or omission that constitutes a violation of this section. An
718 administrative proceeding that could result in the entry of an
719 order imposing an administrative penalty must be conducted
720 pursuant to chapter 120.
721 Section 10. Section 501.6175, Florida Statutes, is created
722 to read:
723 501.6175 Recordkeeping.—A commercial telephone seller shall
724 keep all of the following information for 2 years after the date
725 the information first becomes part of the seller’s business
727 (1) The name and telephone number of each consumer
728 contacted by a telephone sales call.
729 (2) All express requests authorizing the telephone
730 solicitor to contact the consumer.
731 (3) Any script, outline, or presentation the applicant
732 requires or suggests a salesperson use when soliciting; sales
733 information or literature to be provided by the commercial
734 telephone seller to a salesperson; and sales information or
735 literature to be provided by the commercial telephone seller to
736 a consumer in connection with any solicitation.
738 Within 10 days of an oral or written request by the department,
739 including a written request transmitted by electronic mail, a
740 commercial telephone seller must make the records it keeps
741 pursuant to this section available for inspection and copying by
742 the department during the department’s normal business hours.
743 This section does not limit the department’s ability to inspect
744 and copy material pursuant to any other law.
745 Section 11. Section 501.912, Florida Statutes, is amended
746 to read:
747 501.912 Definitions.—As used in ss. 501.91-501.923:
748 (1) “Antifreeze” means any substance or preparation,
749 including, but not limited to, antifreeze-coolant, antifreeze
750 and summer coolant, or summer coolant, that is sold,
751 distributed, or intended for use:
752 (a) As the cooling liquid, or to be added to the cooling
753 liquid, in the cooling system of internal combustion engines of
754 motor vehicles to prevent freezing of the cooling liquid or to
755 lower its freezing point; or
756 (b) To raise the boiling point of water or for the
757 prevention of engine overheating, whether or not the liquid is
758 used as a year-round cooling system fluid.
759 (2) “Antifreeze-coolant,” “antifreeze and summer coolant,”
760 or “summer coolant” means any substance as defined in subsection
761 (1) which also is sold, distributed, or intended for raising the
762 boiling point of water or for the prevention of engine
763 overheating whether or not used as a year-round cooling system
764 fluid. Unless otherwise stated, the term “antifreeze” includes
765 “antifreeze,” “antifreeze-coolant,” “antifreeze and summer
766 coolant,” and “summer coolant.”
767 (2) (3) “Department” means the Department of Agriculture and
768 Consumer Services.
769 (3) (4) “Distribute” means to hold with an intent to sell,
770 offer for sale, sell, barter, or otherwise supply to the
772 (4) (5) “Package” means a sealed, tamperproof retail
773 package, drum, or other container designed for the sale of
774 antifreeze directly to the consumer or a container from which
775 the antifreeze may be installed directly by the seller into the
776 cooling system. However, this term , but does not include
777 shipping containers containing properly labeled inner
779 (5) (6) “Label” means any display of written, printed, or
780 graphic matter on, or attached to, a package or to the outside
781 individual container or wrapper of the package.
782 (6) (7) “Labeling” means the labels and any other written,
783 printed, or graphic matter accompanying a package.
784 Section 12. Section 501.913, Florida Statutes, is amended
785 to read:
786 501.913 Registration.—
787 (1) Each brand of antifreeze to be distributed in this
788 state must shall be registered with the department before
789 distribution. The person whose name appears on the label, the
790 manufacturer, or the packager shall make application annually or
791 biennially to the department on forms provided by the
792 department. The registration certificate expires shall expire 12
793 or 24 months after the date of issue, as indicated on the
794 registration certificate. The registrant assumes, by application
795 to register the brand, full responsibility for the registration,
796 quality, and quantity of the product sold, offered, or exposed
797 for sale in this state. If a registered brand is not in
798 production for distribution in this state and to ensure any
799 remaining product that is still available for sale in the state
800 is properly registered, the registrant must submit a notarized
801 affidavit on company letterhead to the department certifying
803 (a) The stated brand is no longer in production;
804 (b) The stated brand will not be distributed in this state;
806 (c) All existing product of the stated brand will be
807 removed by the registrant from the state within 30 days after
808 expiration of the registration or the registrant will reregister
809 the brand for two subsequent registration periods.
811 If production resumes, the brand must be reregistered before it
812 is distributed in this state.
813 (2) The completed application shall be accompanied by:
814 (a) Specimens or copies facsimiles of the label for each
815 brand of antifreeze;
816 (b) An application fee of $200 for a 12-month registration
817 or $400 for a 24-month registration for each brand of
818 antifreeze; and
819 (c) For first-time applications, a certified report from an
820 independent testing laboratory, dated no more than 6 months
821 before the registration application, providing analysis showing
822 that the antifreeze conforms to minimum standards required for
823 antifreeze by this part or rules of the department and is not
824 adulterated A properly labeled sample of between 1 and 2 gallons
825 for each brand of antifreeze.
826 (3) The department may analyze or inspect the antifreeze to
827 ensure that it:
828 (a) Meets the labeling claims;
829 (b) Conforms to minimum standards required for antifreeze
830 by this part chapter or rules of the department; and
831 (c) Is not adulterated as prescribed for antifreeze by this
832 part chapter.
833 (4)(a) If the registration requirements are met, and, if
834 the antifreeze meets the minimum standards, is not adulterated,
835 and meets the labeling claims, the department shall issue a
836 certificate of registration authorizing the distribution of that
837 antifreeze in the state for the permit period year.
838 (b) If registration requirements are not met, or, if the
839 antifreeze fails to meet the minimum standards, is adulterated,
840 or fails to meet the labeling claims, the department shall
841 refuse to register the antifreeze.
842 Section 13. Section 501.917, Florida Statutes, is amended
843 to read:
844 501.917 Inspection by department; sampling and analysis.
845 The department has shall have the right to have access at
846 reasonable hours to all places and property where antifreeze is
847 stored, distributed, or offered or intended to be offered for
848 sale, including the right to inspect and examine all antifreeze
849 and to take reasonable samples of antifreeze for analysis
850 together with specimens of labeling. Collected samples must be
851 analyzed by the department. The certificate of analysis by the
852 department shall be prima facie evidence of the facts stated
853 therein in any legal proceeding in this state All samples taken
854 shall be properly sealed and sent to a laboratory designated by
855 the department for examination together with all labeling
856 pertaining to such samples. It shall be the duty of said
857 laboratory to examine promptly all samples received in
858 connection with the administration and enforcement of this act.
859 Section 14. Section 501.92, Florida Statutes, is amended to
861 501.92 Formula may be required.—The department may, if
862 required for the analysis of antifreeze by the laboratory
863 designated by the department for the purpose of registration,
864 require the applicant to furnish a statement of the formula of
865 such antifreeze, unless the applicant can furnish other
866 satisfactory evidence that such antifreeze is not adulterated or
867 misbranded. Such statement need not include inhibitor or other
868 minor ingredients which total less than 5 percent by weight of
869 the antifreeze; and, if over 5 percent, the composition of the
870 inhibitor and such other ingredients may be given in generic
872 Section 15. Paragraph (e) of subsection (10) of section
873 525.07, Florida Statutes, is redesignated as paragraph (f), and
874 a new paragraph (e) is added to that subsection, to read:
875 525.07 Powers and duties of department; inspections;
876 unlawful acts.—
878 (e) The department may seize without warrant any skimming
879 device, as defined in s. 817.625, for use as evidence.
880 Section 16. Subsection (1) of section 526.51, Florida
881 Statutes, is amended to read:
882 526.51 Registration; renewal and fees; departmental
883 expenses; cancellation or refusal to issue or renew.—
884 (1)(a) Application for registration of each brand of brake
885 fluid shall be made on forms supplied by the department. The
886 applicant shall give his or her name and address and the brand
887 name of the brake fluid, state that he or she owns the brand
888 name and has complete control over the product sold thereunder
889 in this state, and provide the name and address of the resident
890 agent in this state. If the applicant does not own the brand
891 name but wishes to register the product with the department, a
892 notarized affidavit that gives the applicant full authorization
893 to register the brand name and that is signed by the owner of
894 the brand name must accompany the application for registration.
895 The affidavit must include all affected brand names, the owner’s
896 company or corporate name and address, the applicant’s company
897 or corporate name and address, and a statement from the owner
898 authorizing the applicant to register the product with the
899 department. The owner of the brand name shall maintain complete
900 control over each product sold under that brand name in this
902 (b) The completed application must be accompanied by the
904 1. Specimens or copies of the label for each brand of brake
906 2. An application fee of $50 for a 12-month registration or
907 $100 for a 24-month registration for each brand of brake fluid.
908 3. For All first-time applications for a brand and formula
909 combination, must be accompanied by a certified report from an
910 independent testing laboratory, dated no more than 6 months
911 before the registration application, setting forth the analysis
912 of the brake fluid which shows its quality to be not less than
913 the specifications established by the department for brake
914 fluids. A sample of not less than 24 fluid ounces of brake fluid
915 shall be submitted, in a container with a label printed in the
916 same manner that it will be labeled when sold, and the sample
917 and container shall be analyzed and inspected by the department
918 in order that compliance with the department’s specifications
919 and labeling requirements may be verified.
921 Upon approval of the application, the department shall register
922 the brand name of the brake fluid and issue to the applicant a
923 permit authorizing the registrant to sell the brake fluid in
924 this state. The registration certificate expires shall expire 12
925 or 24 months after the date of issue, as indicated on the
926 registration certificate.
927 (c) (b) Each applicant shall pay a fee of $100 with each
928 application. A permit may be renewed by application to the
929 department, accompanied by a renewal fee of $50 for a 12-month
930 registration, or $100 for a 24-month registration, on or before
931 the expiration of the previously issued permit. To reregister a
932 previously registered brand and formula combination, an
933 applicant must submit a completed application and all materials
934 as required in this section to the department before the
935 expiration of the previously issued permit. A brand and formula
936 combination for which a completed application and all materials
937 required in this section are not received before the expiration
938 of the previously issued permit may not be registered with the
939 department until a completed application and all materials
940 required in this section have been received and approved. If the
941 brand and formula combination was previously registered with the
942 department and a fee, application, or materials required in this
943 section are received after the expiration of the previously
944 issued permit, a penalty of $25 accrues, which shall be added to
945 the fee. Renewals shall be accepted only on brake fluids that
946 have no change in formula, composition, or brand name. Any
947 change in formula, composition, or brand name of a brake fluid
948 constitutes a new product that must be registered in accordance
949 with this part.
950 (c) If a registered brand and formula combination is no
951 longer in production for distribution in this state, in order to
952 ensure that any remaining product still available for sale in
953 this state is properly registered, the registrant must submit a
954 notarized affidavit on company letterhead to the department
955 certifying that:
956 1. The stated brand and formula combination is no longer in
958 2. The stated brand and formula combination will not be
959 distributed in this state; and
960 3. Either all existing product of the stated brand and
961 formula combination will be removed by the registrant from the
962 state within 30 days after the expiration of the registration or
963 that the registrant will reregister the brand and formula
964 combination for 2 subsequent years.
966 If production resumes, the brand and formula combination must be
967 reregistered before it is again distributed in this state.
968 Section 17. Subsection (1) of section 526.53, Florida
969 Statutes, is amended to read:
970 526.53 Enforcement; inspection and analysis, stop-sale and
971 disposition, regulations.—
972 (1) The department shall enforce the provisions of this
973 part through the department, and may sample, inspect, analyze,
974 and test any brake fluid manufactured, packed, or sold within
975 this state. Collected samples must be analyzed by the
976 department. The certificate of analysis by the department shall
977 be prima facie evidence of the facts stated therein in any legal
978 proceeding in this state. The department has shall have free
979 access during business hours to all premises, buildings,
980 vehicles, cars, or vessels used in the manufacture, packing,
981 storage, sale, or transportation of brake fluid, and may open
982 any box, carton, parcel, or container of brake fluid and take
983 samples for inspection and analysis or for evidence.
984 Section 18. Section 527.01, Florida Statutes, is amended to
986 527.01 Definitions.—As used in this chapter:
987 (1) “Liquefied petroleum gas” means any material which is
988 composed predominantly of any of the following hydrocarbons, or
989 mixtures of the same: propane, propylene, butanes (normal butane
990 or isobutane), and butylenes.
991 (2) “Person” means any individual, firm, partnership,
992 corporation, company, association, organization, or cooperative.
993 (3) “ Ultimate Consumer” means the person last purchasing
994 liquefied petroleum gas in its liquid or vapor state for
995 industrial, commercial, or domestic use.
996 (4) “Department” means the Department of Agriculture and
997 Consumer Services.
998 (5) “Qualifier” means any person who has passed a
999 competency examination administered by the department and is
1000 employed by a licensed category I, category II, or category V
1001 business. in one or more of the following classifications:
1002 (a) Category I liquefied petroleum gas dealer.
1003 (b) Category II liquefied petroleum gas dispenser.
1004 (c) LP gas installer.
1005 (d) Specialty installer.
1006 (e) Requalifier of cylinders.
1007 (f) Fabricator, repairer, and tester of vehicles and cargo
1009 (g) Category IV liquefied petroleum gas dispensing unit
1010 operator and recreational vehicle servicer.
1011 (h) Category V liquefied petroleum gases dealer for
1012 industrial uses only.
1013 (6) “Category I liquefied petroleum gas dealer” means any
1014 person selling or offering to sell by delivery or at a
1015 stationary location any liquefied petroleum gas to the ultimate
1016 consumer for industrial, commercial, or domestic use; any person
1017 leasing or offering to lease, or exchanging or offering to
1018 exchange, any apparatus, appliances, and equipment for the use
1019 of liquefied petroleum gas; any person installing, servicing,
1020 altering, or modifying apparatus, piping, tubing, appliances,
1021 and equipment for the use of liquefied petroleum or natural gas;
1022 any person installing carburetion equipment; or any person
1023 requalifying cylinders.
1024 (7) “Category II liquefied petroleum gas dispenser” means
1025 any person engaging in the business of operating a liquefied
1026 petroleum gas dispensing unit for the purpose of serving liquid
1027 products to the ultimate consumer for industrial, commercial, or
1028 domestic use, and selling or offering to sell, or leasing or
1029 offering to lease, apparatus, appliances, and equipment for the
1030 use of liquefied petroleum gas, including maintaining a cylinder
1031 storage rack at the licensed business location for the purpose
1032 of storing cylinders filled by the licensed business for sale or
1033 use at a later date.
1034 (8) “Category III liquefied petroleum gas cylinder exchange
1035 operator” means any person operating a storage facility used for
1036 the purpose of storing filled propane cylinders of not more than
1037 43.5 pounds propane capacity or 104 pounds water capacity, while
1038 awaiting sale to the ultimate consumer, or a facility used for
1039 the storage of empty or filled containers which have been
1040 offered for exchange.
1041 (9) “Category IV dealer in appliances and equipment
1042 liquefied petroleum gas dispenser and recreational vehicle
1043 servicer” means any person selling or offering to sell, or
1044 leasing or offering to lease, apparatus, appliances, and
1045 equipment for the use of liquefied petroleum gas engaging in the
1046 business of operating a liquefied petroleum gas dispensing unit
1047 for the purpose of serving liquid product to the ultimate
1048 consumer for industrial, commercial, or domestic use, and
1049 selling or offering to sell, or leasing or offering to lease,
1050 apparatus, appliances, and equipment for the use of liquefied
1051 petroleum gas, and whose services include the installation,
1052 service, or repair of recreational vehicle liquefied petroleum
1053 gas appliances and equipment.
1054 (10) “Category V LP gas installer” means any person who is
1055 engaged in the liquefied petroleum gas business and whose
1056 services include the installation, servicing, altering, or
1057 modifying of apparatus, piping, tubing, tanks, and equipment for
1058 the use of liquefied petroleum or natural gas and selling or
1059 offering to sell, or leasing or offering to lease, apparatus,
1060 appliances, and equipment for the use of liquefied petroleum or
1061 natural gas.
1062 (11) “Category VI miscellaneous operator” means any person
1063 who is engaged in operation as a manufacturer of LP gas
1064 appliances and equipment; a fabricator, repairer, and tester of
1065 vehicles and cargo tanks; a requalifier of LP gas cylinders; or
1066 a pipeline system operator Specialty installer” means any person
1067 involved in the installation, service, or repair of liquefied
1068 petroleum or natural gas appliances and equipment, and selling
1069 or offering to sell, or leasing or offering to lease, apparatus,
1070 appliances, and equipment for the use of liquefied petroleum
1071 gas, whose activities are limited to specific types of
1072 appliances and equipment as designated by department rule.
1073 (12) “Dealer in appliances and equipment for use of
1074 liquefied petroleum gas” means any person selling or offering to
1075 sell, or leasing or offering to lease, apparatus, appliances,
1076 and equipment for the use of liquefied petroleum gas.
1077 (12) (13) “Manufacturer of liquefied petroleum gas
1078 appliances and equipment” means any person in this state
1079 manufacturing and offering for sale or selling tanks, cylinders,
1080 or other containers and necessary appurtenances for use in the
1081 storage, transportation, or delivery of such gas to the ultimate
1082 consumer, or manufacturing and offering for sale or selling
1083 apparatus, appliances, and equipment for the use of liquefied
1084 petroleum gas to the ultimate consumer.
1085 (13) (14) “Wholesaler” means any person, as defined by
1086 subsection (2), selling or offering to sell any liquefied
1087 petroleum gas for industrial, commercial, or domestic use to any
1088 person except the ultimate consumer.
1089 (14) (15) “Requalifier of cylinders” means any person
1090 involved in the retesting, repair, qualifying, or requalifying
1091 of liquefied petroleum gas tanks or cylinders manufactured under
1092 specifications of the United States Department of Transportation
1093 or former Interstate Commerce Commission.
1094 (15) (16) “Fabricator, repairer, and tester of vehicles and
1095 cargo tanks” means any person involved in the hydrostatic
1096 testing, fabrication, repair, or requalifying of any motor
1097 vehicles or cargo tanks used for the transportation of liquefied
1098 petroleum gases, when such tanks are permanently attached to or
1099 forming a part of the motor vehicle.
1100 (17) “Recreational vehicle” means a motor vehicle designed
1101 to provide temporary living quarters for recreational, camping,
1102 or travel use, which has its own propulsion or is mounted on or
1103 towed by another motor vehicle.
1104 (16) (18) “Pipeline system operator” means any person who
1105 owns or operates a liquefied petroleum gas pipeline system that
1106 is used to transmit liquefied petroleum gas from a common source
1107 to the ultimate customer and that serves 10 or more customers.
1108 (19) “Category V liquefied petroleum gases dealer for
1109 industrial uses only” means any person engaged in the business
1110 of filling, selling, and transporting liquefied petroleum gas
1111 containers for use in welding, forklifts, or other industrial
1113 (17) (20) “License period year” means the period 1 to 3
1114 years from the issuance of the license from September 1 through
1115 the following August 31, or April 1 through the following March
1116 31, depending upon the type of license.
1117 Section 19. Section 527.02, Florida Statutes, is amended to
1119 527.02 License; penalty; fees.—
1120 (1) It is unlawful for any person to engage in this state
1121 in the activities defined in s. 527.01(6) through (11) of a
1122 pipeline system operator, category I liquefied petroleum gas
1123 dealer, category II liquefied petroleum gas dispenser, category
1124 III liquefied petroleum gas cylinder exchange operator, category
1125 IV liquefied petroleum gas dispenser and recreational vehicle
1126 servicer, category V liquefied petroleum gas dealer for
1127 industrial uses only, LP gas installer, specialty installer,
1128 dealer in liquefied petroleum gas appliances and equipment,
1129 manufacturer of liquefied petroleum gas appliances and
1130 equipment, requalifier of cylinders, or fabricator, repairer,
1131 and tester of vehicles and cargo tanks without first obtaining
1132 from the department a license to engage in one or more of these
1133 businesses. The sale of liquefied petroleum gas cylinders with a
1134 volume of 10 pounds water capacity or 4.2 pounds liquefied
1135 petroleum gas capacity or less is exempt from the requirements
1136 of this chapter. It is a felony of the third degree, punishable
1137 as provided in s. 775.082, s. 775.083, or s. 775.084, to
1138 intentionally or willfully engage in any of said activities
1139 without first obtaining appropriate licensure from the
1141 (2) Each business location of a person having multiple
1142 locations must shall be separately licensed and must meet the
1143 requirements of this section. Such license shall be granted to
1144 any applicant determined by the department to be competent,
1145 qualified, and trustworthy who files with the department a
1146 surety bond, insurance affidavit, or other proof of insurance,
1147 as hereinafter specified, and pays for such license the
1148 following annual license original application fee for new
1149 licenses and annual renewal fees for existing licenses:
1151 License Category License Original Application Fee Per Year RenewalFee
1152 Category I liquefiedpetroleum gasdealer $400 $525 $425
1153 Category II liquefiedpetroleum gasdispenser $400 525 375
1154 Category IIIliquefied petroleumgas cylinderexchange unitoperator $65 100 65
1155 Category IVdealer in appliances and equipment liquefied petroleumgas dispenser andrecreational vehicleservicer $65 525 400
1156 Category V LP gas installer liquefiedpetroleum gasesdealer for industrialuses only $200 300 200
1157 Category VI miscellaneous operator LP gasinstaller $200 300 200
1158 Specialtyinstaller 300 200
1159 Dealer in appliances and equipmentfor use of liquefiedpetroleum gas 50 45
1160 Manufacturer ofliquefied petroleumgas appliances andequipment 525 375
1161 Requalifier ofcylinders 525 375
1162 Fabricator, repairer,and tester ofvehicles andcargo tanks 525 375
1165 (3)(a) An applicant for an original license who submits an
1166 application during the last 6 months of the license year may
1167 have the original license fee reduced by one-half for the 6
1168 month period. This provision applies only to those companies
1169 applying for an original license and may not be applied to
1170 licensees who held a license during the previous license year
1171 and failed to renew the license. The department may refuse to
1172 issue an initial license to an applicant who is under
1173 investigation in any jurisdiction for an action that would
1174 constitute a violation of this chapter until such time as the
1175 investigation is complete.
1176 (b) The department shall waive the initial license fee for
1177 1 year for an honorably discharged veteran of the United States
1178 Armed Forces, the spouse of such a veteran, or a business entity
1179 that has a majority ownership held by such a veteran or spouse
1180 if the department receives an application, in a format
1181 prescribed by the department, within 60 months after the date of
1182 the veteran’s discharge from any branch of the United States
1183 Armed Forces. To qualify for the waiver, a veteran must provide
1184 to the department a copy of his or her DD Form 214, as issued by
1185 the United States Department of Defense or another acceptable
1186 form of identification as specified by the Department of
1187 Veterans’ Affairs; the spouse of a veteran must provide to the
1188 department a copy of the veteran’s DD Form 214, as issued by the
1189 United States Department of Defense, or another acceptable form
1190 of identification as specified by the Department of Veterans’
1191 Affairs, and a copy of a valid marriage license or certificate
1192 verifying that he or she was lawfully married to the veteran at
1193 the time of discharge; or a business entity must provide to the
1194 department proof that a veteran or the spouse of a veteran holds
1195 a majority ownership in the business, a copy of the veteran’s DD
1196 Form 214, as issued by the United States Department of Defense,
1197 or another acceptable form of identification as specified by the
1198 Department of Veterans’ Affairs, and, if applicable, a copy of a
1199 valid marriage license or certificate verifying that the spouse
1200 of the veteran was lawfully married to the veteran at the time
1201 of discharge.
1202 (4) Any licensee submitting a material change in their
1203 information for licensing, before the date for renewal, must
1204 submit such change to the department in the manner prescribed by
1205 the department, along with a fee in the amount of $10 Any person
1206 applying for a liquefied petroleum gas license as a specialty
1207 installer, as defined by s. 527.01(11), shall upon application
1208 to the department identify the specific area of work to be
1209 performed. Upon completion of all license requirements set forth
1210 in this chapter, the department shall issue the applicant a
1211 license specifying the scope of work, as identified by the
1212 applicant and defined by rule of the department, for which the
1213 person is authorized.
1214 (5) The license fee for a pipeline system operator shall be
1215 $100 per system owned or operated by the person, not to exceed
1216 $400 per license year. Such license fee applies only to a
1217 pipeline system operator who owns or operates a liquefied
1218 petroleum gas pipeline system that is used to transmit liquefied
1219 petroleum gas from a common source to the ultimate customer and
1220 that serves 10 or more customers.
1221 (5) (6) The department shall adopt promulgate rules
1222 specifying acts deemed by the department to demonstrate a lack
1223 of trustworthiness to engage in activities requiring a license
1224 or qualifier identification card under this section.
1225 (7) Any license issued by the department may be transferred
1226 to any person, firm, or corporation for the remainder of the
1227 current license year upon written request to the department by
1228 the original licenseholder. Prior to approval of any transfer,
1229 all licensing requirements of this chapter must be met by the
1230 transferee. A license transfer fee of $50 shall be charged for
1231 each such transfer.
1232 Section 20. Section 527.0201, Florida Statutes, is amended
1233 to read:
1234 527.0201 Qualifiers; master qualifiers; examinations.—
1235 (1) In addition to the requirements of s. 527.02, any
1236 person applying for a license to engage in category I, category
1237 II, or category V the activities of a pipeline system operator,
1238 category I liquefied petroleum gas dealer, category II liquefied
1239 petroleum gas dispenser, category IV liquefied petroleum gas
1240 dispenser and recreational vehicle servicer, category V
1241 liquefied petroleum gases dealer for industrial uses only, LP
1242 gas installer, specialty installer, requalifier of cylinders, or
1243 fabricator, repairer, and tester of vehicles and cargo tanks
1244 must prove competency by passing a written examination
1245 administered by the department or its agent with a grade of 70
1246 75 percent or above in each area tested. Each applicant for
1247 examination shall submit a $20 nonrefundable fee. The department
1248 shall by rule specify the general areas of competency to be
1249 covered by each examination and the relative weight to be
1250 assigned in grading each area tested.
1251 (2) Application for examination for competency may be made
1252 by an individual or by an owner, a partner, or any person
1253 employed by the license applicant. Upon successful completion of
1254 the competency examination, the department shall register issue
1255 a qualifier identification card to the examinee.
1256 (a) Qualifier registration automatically expires if
1257 identification cards, except those issued to category I
1258 liquefied petroleum gas dealers and liquefied petroleum gas
1259 installers, shall remain in effect as long as the individual
1260 shows to the department proof of active employment in the area
1261 of examination and all continuing education requirements are
1262 met. Should the individual terminates terminate active
1263 employment in the area of examination for a period exceeding 24
1264 months, or fails fail to provide documentation of continuing
1265 education , the individual’s qualifier status shall automatically
1266 expire. If the qualifier registration status has expired, the
1267 individual must apply for and successfully complete an
1268 examination by the department in order to reestablish qualifier
1270 (b) Every business organization in license category I,
1271 category II, or category V shall employ at all times a full-time
1272 qualifier who has successfully completed an examination in the
1273 corresponding category of the license held by the business
1274 organization. A person may not act as a qualifier for more than
1275 one licensed location.
1276 (3) Qualifier registration expires cards issued to category
1277 I liquefied petroleum gas dealers and liquefied petroleum gas
1278 installers shall expire 3 years after the date of issuance. All
1279 category I liquefied petroleum gas dealer qualifiers and
1280 liquefied petroleum gas installer qualifiers holding a valid
1281 qualifier card upon the effective date of this act shall retain
1282 their qualifier status until July 1, 2003, and may sit for the
1283 master qualifier examination at any time during that time
1284 period. All such category I liquefied petroleum gas dealer
1285 qualifiers and liquefied petroleum gas installer qualifiers may
1286 renew their qualification on or before July 1, 2003, upon
1287 application to the department, payment of a $20 renewal fee, and
1288 documentation of the completion of a minimum of 16 hours of
1289 approved continuing education courses, as defined by department
1290 rule, during the previous 3-year period. Applications for
1291 renewal must be made 30 calendar days before expiration. Persons
1292 failing to renew before the expiration date must reapply and
1293 take a qualifier competency examination in order to reestablish
1294 category I liquefied petroleum gas dealer qualifier and
1295 liquefied petroleum gas installer qualifier status. If a
1296 category I liquefied petroleum gas qualifier or liquefied
1297 petroleum gas installer qualifier becomes a master qualifier at
1298 any time during the effective date of the qualifier card, the
1299 card shall remain in effect until expiration of the master
1300 qualifier certification.
1301 (4) A qualifier for a business organization involved in
1302 installation, repair, maintenance, or service of liquefied
1303 petroleum gas appliances, equipment, or systems must actually
1304 function in a supervisory capacity of other company employees
1305 performing licensed activities installing, repairing,
1306 maintaining, or servicing liquefied petroleum gas appliances,
1307 equipment, or systems. A separate qualifier shall be required
1308 for every 10 such employees. Additional qualifiers are required
1309 for those business organizations employing more than 10
1310 employees that install, repair, maintain, or service liquefied
1311 petroleum gas equipment and systems.
1312 (5) In addition to all other licensing requirements, each
1313 category I and category V licensee liquefied petroleum gas
1314 dealer and liquefied petroleum gas installer must, at the time
1315 of application for licensure, identify to the department one
1316 master qualifier who is a full-time employee at the licensed
1317 location. This person shall be a manager, owner, or otherwise
1318 primarily responsible for overseeing the operations of the
1319 licensed location and must provide documentation to the
1320 department as provided by rule. The master qualifier requirement
1321 shall be in addition to the requirements of subsection (1).
1322 (a) In order to apply for certification as a master
1323 qualifier, each applicant must have been a registered be a
1324 category I liquefied petroleum gas dealer qualifier or liquefied
1325 petroleum gas installer qualifier for a minimum of 3 years
1326 immediately preceding submission of the application, must be
1327 employed by a licensed category I or category V licensee
1328 liquefied petroleum gas dealer, liquefied petroleum gas
1329 installer, or applicant for such license, must provide
1330 documentation of a minimum of 1 year’s work experience in the
1331 gas industry, and must pass a master qualifier competency
1332 examination. Master qualifier examinations shall be based on
1333 Florida’s laws, rules, and adopted codes governing liquefied
1334 petroleum gas safety, general industry safety standards, and
1335 administrative procedures. The applicant must successfully pass
1336 the examination with a grade of 70 75 percent or above. Each
1337 applicant for master qualifier registration status must submit
1338 to the department a nonrefundable $30 examination fee before the
1340 (b) Upon successful completion of the master qualifier
1341 examination, the department shall issue the examinee a
1342 certificate of master qualifier registration status which shall
1343 include the name of the licensed company for which the master
1344 qualifier is employed. A master qualifier may transfer from one
1345 licenseholder to another upon becoming employed by the company
1346 and providing a written request to the department.
1347 (c) A master qualifier registration expires status shall
1348 expire 3 years after the date of issuance of the certificate and
1349 may be renewed by submission to the department of documentation
1350 of completion of at least 16 hours of approved continuing
1351 education courses during the 3-year period; proof of employment
1352 with a licensed category I liquefied petroleum gas dealer,
1353 liquefied petroleum gas installer, or applicant; and a $30
1354 certificate renewal fee. The department shall define , by rule ,
1355 approved courses of continuing education.
1356 (d) Each category I liquefied petroleum gas dealer or
1357 liquefied petroleum gas installer licensed as of August 31,
1358 2000, shall identify to the department one current category I
1359 liquefied petroleum gas dealer qualifier or liquefied petroleum
1360 gas installer qualifier who will be the designated master
1361 qualifier for the licenseholder. Such individual must provide
1362 proof of employment for 3 years or more within the liquefied
1363 petroleum gas industry, and shall, upon approval of the
1364 department, be granted a master qualifier certificate. All other
1365 requirements with regard to master qualifier certificate
1366 expiration, renewal, and continuing education shall apply.
1367 (6) A vacancy in a qualifier or master qualifier position
1368 in a business organization which results from the departure of
1369 the qualifier or master qualifier shall be immediately reported
1370 to the department by the departing qualifier or master qualifier
1371 and the licensed company.
1372 (a) If a business organization no longer possesses a duly
1373 designated qualifier, as required by this section, its liquefied
1374 petroleum gas licenses shall be suspended by order of the
1375 department after 20 working days. The license shall remain
1376 suspended until a competent qualifier has been employed, the
1377 order of suspension terminated by the department, and the
1378 license reinstated. A vacancy in the qualifier position for a
1379 period of more than 20 working days shall be deemed to
1380 constitute an immediate threat to the public health, safety, and
1381 welfare. Failure to obtain a replacement qualifier within 60
1382 days after the vacancy occurs shall be grounds for revocation of
1383 licensure or eligibility for licensure.
1384 (b) Any category I or category V licensee liquefied
1385 petroleum gas dealer or LP gas installer who no longer possesses
1386 a master qualifier but currently employs a category I liquefied
1387 petroleum gas dealer or LP gas installer qualifier as required
1388 by this section , has shall have 60 days within which to replace
1389 the master qualifier. If the company fails to replace the master
1390 qualifier within the 60-day time period, the license of the
1391 company shall be suspended by order of the department. The
1392 license shall remain suspended until a competent master
1393 qualifier has been employed, the order of suspension has been
1394 terminated by the department, and the license reinstated.
1395 Failure to obtain a replacement master qualifier within 90 days
1396 after the vacancy occurs shall be grounds for revocation of
1397 licensure or eligibility for licensure.
1398 (7) The department may deny, refuse to renew, suspend, or
1399 revoke any qualifier card or master qualifier registration
1400 certificate for any of the following causes:
1401 (a) Violation of any provision of this chapter or any rule
1402 or order of the department;
1403 (b) Falsification of records relating to the qualifier card
1404 or master qualifier registration certificate; or
1405 (c) Failure to meet any of the renewal requirements.
1406 (8) Any individual having competency qualifications on file
1407 with the department may request the transfer of such
1408 qualifications to any existing licenseholder by making a written
1409 request to the department for such transfer. Any individual
1410 having a competency examination on file with the department may
1411 use such examination for a new license application after making
1412 application in writing to the department. All examinations are
1413 confidential and exempt from the provisions of s. 119.07(1).
1414 (9) If a duplicate license, qualifier card, or master
1415 qualifier registration certificate is requested by the licensee,
1416 a fee of $10 must be received before issuance of the duplicate
1417 license or certificate card. If a facsimile transmission of an
1418 original license is requested, upon completion of the
1419 transmission a fee of $10 must be received by the department
1420 before the original license may be mailed to the requester.
1421 (10) All revenues collected herein shall be deposited in
1422 the General Inspection Trust Fund for the purpose of
1423 administering the provisions of this chapter.
1424 Section 21. Section 527.021, Florida Statutes, is amended
1425 to read:
1426 527.021 Registration of transport vehicles.—
1427 (1) Each liquefied petroleum gas bulk delivery vehicle
1428 owned or leased by a liquefied petroleum gas licensee must be
1429 registered with the department as part of the licensing
1430 application or when placed into service annually.
1431 (2) For the purposes of this section, a “liquefied
1432 petroleum gas bulk delivery vehicle” means any vehicle that is
1433 used to transport liquefied petroleum gas on any public street
1434 or highway as liquid cargo in a cargo tank, which tank is
1435 mounted on a conventional truck chassis or is an integral part
1436 of a transporting vehicle in which the tank constitutes, in
1437 whole or in part, the stress member used as a frame and is a
1438 permanent part of the transporting vehicle.
1439 (3) Vehicle registrations shall be submitted by the vehicle
1440 owner or lessee in conjunction with the annual renewal of his or
1441 her liquefied petroleum gas license, but no later than August 31
1442 of each year. A dealer who fails to register a vehicle with the
1443 department does not submit the required vehicle registration by
1444 August 31 of each year is subject to the penalties in s. 527.13.
1445 (4) The department shall issue a decal to be placed on each
1446 vehicle that is inspected by the department and found to be in
1447 compliance with applicable codes.
1448 Section 22. Section 527.03, Florida Statutes, is amended to
1450 527.03 Annual Renewal of license.—All licenses required
1451 under this chapter shall be renewed annually, biennially, or
1452 triennially, as elected by the licensee, subject to the license
1453 fees prescribed in s. 527.02. All renewals must meet the same
1454 requirements and conditions as an annual license for each
1455 licensed year All licenses, except Category III Liquefied
1456 Petroleum Gas Cylinder Exchange Unit Operator licenses and
1457 Dealer in Appliances and Equipment for Use of Liquefied
1458 Petroleum Gas licenses, shall be renewed for the period
1459 beginning September 1 and shall expire on the following August
1460 31 unless sooner suspended, revoked, or otherwise terminated.
1461 Category III Liquefied Petroleum Gas Cylinder Exchange Unit
1462 Operator licenses and Dealer in Appliances and Equipment for Use
1463 of Liquefied Petroleum Gas licenses shall be renewed for the
1464 period beginning April 1 and shall expire on the following March
1465 31 unless sooner suspended, revoked, or otherwise terminated.
1466 Any license allowed to expire will shall become inoperative
1467 because of failure to renew. The fee for restoration of a
1468 license is equal to the original license fee and must be paid
1469 before the licensee may resume operations.
1470 Section 23. Section 527.04, Florida Statutes, is amended to
1472 527.04 Proof of insurance required.—
1473 (1) Before any license is issued, except to a category IV
1474 dealer in appliances and equipment for use of liquefied
1475 petroleum gas or a category III liquefied petroleum gas cylinder
1476 exchange operator, the applicant must deliver to the department
1477 satisfactory evidence that the applicant is covered by a primary
1478 policy of bodily injury liability and property damage liability
1479 insurance that covers the products and operations with respect
1480 to such business and is issued by an insurer authorized to do
1481 business in this state for an amount not less than $1 million
1482 and that the premium on such insurance is paid. An insurance
1483 certificate, affidavit, or other satisfactory evidence of
1484 acceptable insurance coverage shall be accepted as proof of
1485 insurance. In lieu of an insurance policy, the applicant may
1486 deliver a good and sufficient bond in the amount of $1 million,
1487 payable to the Commissioner of Agriculture Governor of Florida,
1488 with the applicant as principal and a surety company authorized
1489 to do business in this state as surety. The bond must be
1490 conditioned upon the applicant’s compliance with this chapter
1491 and the rules of the department with respect to the conduct of
1492 such business and shall indemnify and hold harmless all persons
1493 from loss or damage by reason of the applicant’s failure to
1494 comply. However, the aggregated liability of the surety may not
1495 exceed $1 million. If the insurance policy is canceled or
1496 otherwise terminated or the bond becomes insufficient, the
1497 department may require new proof of insurance or a new bond to
1498 be filed, and if the licenseholder fails to comply, the
1499 department shall cancel the license issued and give the
1500 licenseholder written notice that it is unlawful to engage in
1501 business without a license. A new bond is not required as long
1502 as the original bond remains sufficient and in force. If the
1503 licenseholder’s insurance coverage as required by this
1504 subsection is canceled or otherwise terminated, the insurer must
1505 notify the department within 30 days after the cancellation or
1507 (2) Before any license is issued to a category class III
1508 liquefied petroleum gas cylinder exchange operator, the
1509 applicant must deliver to the department satisfactory evidence
1510 that the applicant is covered by a primary policy of bodily
1511 injury liability and property damage liability insurance that
1512 covers the products and operations with respect to the business
1513 and is issued by an insurer authorized to do business in this
1514 state for an amount not less than $300,000 and that the premium
1515 on the insurance is paid. An insurance certificate, affidavit,
1516 or other satisfactory evidence of acceptable insurance coverage
1517 shall be accepted as proof of insurance. In lieu of an insurance
1518 policy, the applicant may deliver a good and sufficient bond in
1519 the amount of $300,000, payable to the Commissioner of
1520 Agriculture Governor, with the applicant as principal and a
1521 surety company authorized to do business in this state as
1522 surety. The bond must be conditioned upon the applicant’s
1523 compliance with this chapter and the rules of the department
1524 with respect to the conduct of such business and must indemnify
1525 and hold harmless all persons from loss or damage by reason of
1526 the applicant’s failure to comply. However, the aggregated
1527 liability of the surety may not exceed $300,000. If the
1528 insurance policy is canceled or otherwise terminated or the bond
1529 becomes insufficient, the department may require new proof of
1530 insurance or a new bond to be filed, and if the licenseholder
1531 fails to comply, the department shall cancel the license issued
1532 and give the licenseholder written notice that it is unlawful to
1533 engage in business without a license. A new bond is not required
1534 as long as the original bond remains sufficient and in force. If
1535 the licenseholder’s insurance coverage required by this
1536 subsection is canceled or otherwise terminated, the insurer must
1537 notify the department within 30 days after the cancellation or
1539 (3) Any person having a cause of action on the bond may
1540 bring suit against the principal and surety, and a copy of such
1541 bond duly certified by the department shall be received in
1542 evidence in the courts of this state without further proof. The
1543 department shall furnish a certified copy of the such bond upon
1544 payment to it of its lawful fee for making and certifying such
1546 Section 24. Section 527.0605, Florida Statutes, is amended
1547 to read:
1548 527.0605 Liquefied petroleum gas bulk storage locations;
1550 (1) The provisions of this chapter shall apply to liquefied
1551 petroleum gas bulk storage locations when:
1552 (a) A single container in the bulk storage location has a
1553 capacity of 2,000 gallons or more;
1554 (b) The aggregate container capacity of the bulk storage
1555 location is 4,000 gallons or more; or
1556 (c) A container or containers are installed for the purpose
1557 of serving the public the liquid product.
1558 (2) Prior to the installation of any bulk storage
1559 container, the licensee must submit to the department a site
1560 plan of the facility which shows the proposed location of the
1561 container and must obtain written approval of such location from
1562 the department.
1563 (3) A fee of $200 shall be assessed for each site plan
1564 reviewed by the division. The review shall include
1565 preconstruction inspection of the proposed site, plan review,
1566 and final inspection of the completed facility.
1567 (2) (4) No newly installed container may be placed in
1568 operation until it has been inspected and approved by the
1570 Section 25. Subsection (1) of section 527.065, Florida
1571 Statutes, is amended to read:
1572 527.065 Notification of accidents; leak calls.—
1573 (1) Immediately upon discovery, all liquefied petroleum gas
1574 licensees shall notify the department of any liquefied petroleum
1575 gas-related accident involving a liquefied petroleum gas
1576 licensee or customer account:
1577 (a) Which caused a death or personal injury requiring
1578 professional medical treatment;
1579 (b) Where uncontrolled ignition of liquefied petroleum gas
1580 resulted in death, personal injury, or property damage exceeding
1581 $3,000 $1,000; or
1582 (c) Which caused estimated damage to property exceeding
1583 $3,000 $1,000.
1584 Section 26. Subsection (3) is added to section 527.067,
1585 Florida Statutes, to read:
1586 527.067 Responsibilities of persons engaged in servicing
1587 liquefied petroleum gas equipment and systems and consumers, end
1588 users, or owners of liquefied petroleum gas equipment or
1590 (3) A category I liquefied petroleum gas dealer may not
1591 render a consumer’s liquefied petroleum gas equipment or system
1592 inoperable or discontinue service without providing written or
1593 electronic notification to the consumer at least 5 business days
1594 before rendering the liquefied petroleum gas equipment or system
1595 inoperable or discontinuing service. This notification does not
1596 apply in the event of a hazardous condition known to the
1597 category I liquefied petroleum gas dealer.
1598 Section 27. Section 527.10, Florida Statutes, is amended to
1600 527.10 Restriction on use of unsafe container or system.—No
1601 liquefied petroleum gas shall be introduced into or removed from
1602 any container or system in this state that has been identified
1603 by the department or its duly authorized inspectors as not
1604 complying with the rules pertaining to such container or system,
1605 until such violations as specified have been satisfactorily
1606 corrected and authorization for continued service or removal
1607 granted by the department. A statement of violations of the
1608 rules that render such a system unsafe for use shall be
1609 furnished in writing by the department to the ultimate consumer
1610 or dealer in liquefied petroleum gas.
1611 Section 28. Subsections (3) and (17) of section 527.21,
1612 Florida Statutes, are amended to read:
1613 527.21 Definitions relating to Florida Propane Gas
1614 Education, Safety, and Research Act.—As used in ss. 527.20
1615 527.23, the term:
1616 (3) “Dealer” means a business engaged primarily in selling
1617 propane gas and its appliances and equipment to the ultimate
1618 consumer or to retail propane gas dispensers.
1619 (17) “Wholesaler” or “reseller” means a seller of propane
1620 gas who is not a producer and who does not sell propane gas to
1621 the ultimate consumer.
1622 Section 29. Paragraph (a) of subsection (2) of section
1623 527.22, Florida Statutes, is amended to read:
1624 527.22 Florida Propane Gas Education, Safety, and Research
1625 Council established; membership; duties and responsibilities.—
1626 (2)(a) Within 90 days after the effective date of this act,
1627 the commissioner shall make a call to qualified industry
1628 organizations for nominees to the council. The commissioner
1629 shall appoint members of the council from a list of nominees
1630 submitted by qualified industry organizations. The commissioner
1631 may require such reports or documentation as is necessary to
1632 document the nomination process for members of the council.
1633 Qualified industry organizations, in making nominations, and the
1634 commissioner, in making appointments, shall give due regard to
1635 selecting a council that is representative of the industry and
1636 the geographic regions of the state. Other than the public
1637 member, council members must be full-time employees or owners of
1638 propane gas producers or dealers doing business in this state.
1639 Section 30. Section 531.67, Florida Statutes, is amended to
1641 531.67 Expiration of sections.—Sections 531.60, 531.61,
1642 531.62, 531.63, 531.64, 531.65, and 531.66 shall expire July 1,
1643 2025 2020.
1644 Section 31. Section 534.47, Florida Statutes, is amended to
1646 534.47 Definitions.—As used in ss. 534.48-534.54, the term
1647 ss. 534.48-534.53:
1648 (1) “Dealer” means a person, not a market agency, engaged
1649 in the business of buying or selling in commerce livestock
1650 either on his or her own account or as the employee or agent of
1651 a vendor or purchaser.
1652 (2) (1) “Department” means the Department of Agriculture and
1653 Consumer Services.
1654 (3) “Livestock” has the same meaning as in s. 585.01(13).
1655 (4) (2) “Livestock market” means any location in the state
1656 where livestock is assembled and sold at public auction or on a
1657 commission basis during regularly scheduled or special sales.
1658 The term “livestock market” does shall not include private farms
1659 or ranches or sales made at livestock shows, fairs, exhibitions,
1660 or special breed association sales.
1661 (5) “Packer” means a person engaged in the business of
1662 buying livestock in commerce for purposes of slaughter, or of
1663 manufacturing or preparing meats or meat food products for sale
1664 or shipment in commerce, or of marketing meats, meat food
1665 products, or livestock products in an unmanufactured form acting
1666 as a wholesaler broker, dealer, or distributor in commerce.
1667 (6) “Purchaser” means a person, partnership, firm,
1668 corporation, or other organization owning, managing, producing,
1669 or dealing in livestock, including, but not limited to, a packer
1670 or dealer, that buys livestock for breeding, feeding, reselling,
1671 slaughter, or other purpose.
1672 (7) “Registered and approved livestock market” means a
1673 livestock market fully registered, bonded, and approved as a
1674 market agency pursuant to the Stockyards Act and governing
1675 regulations of the United States Department of Agriculture Grain
1676 Inspection, Packers and Stockyards Administration.
1677 (8) “Seller” means a person, partnership, firm,
1678 corporation, or other organization owning, managing, producing,
1679 financing, or dealing in livestock, including, but not limited
1680 to, a registered and approved livestock market as consignee or a
1681 dealer, that sells livestock for breeding, feeding, reselling,
1682 slaughter, or other purpose.
1683 (9) “Stockyards Act” means the Packers and Stockyards Act
1684 of 1921, 7 U.S.C. ss. 181–229 and the regulations promulgated
1685 pursuant to that act under 9 C.F.R. part 201.
1686 (3) “Buyer” means the party to whom title of livestock
1687 passes or who is responsible for the purchase price of
1688 livestock, including, but not limited to, producers, dealers,
1689 meat packers, or order buyers.
1690 Section 32. Section 534.49, Florida Statutes, is amended to
1692 534.49 Livestock drafts; effect.—For the purposes of this
1693 section, a livestock draft given as payment at a livestock
1694 auction market for a livestock purchase shall not be deemed an
1695 express extension of credit to the purchaser buyer and shall not
1696 defeat the creation of a lien on such an animal and its carcass,
1697 and all products therefrom, and all proceeds thereof, to secure
1698 all or a part of its sales price, as provided in s. 534.54(3) s.
1700 Section 33. Section 534.50, Florida Statutes, is repealed.
1701 Section 34. Section 534.501, Florida Statutes, is amended
1702 to read:
1703 534.501 Livestock draft; Unlawful to delay or failure in
1704 payment.—It is shall be unlawful for the purchaser of livestock
1705 to delay or fail in rendering payment for livestock to a seller
1706 of cattle as provided in s. 534.54. A person who violates this
1707 section commits an unfair or deceptive act or practice as
1708 specified in s. 501.204 payment of the livestock draft upon
1709 presentation of said draft at the payor’s bank. Nothing
1710 contained in this section shall be construed to preclude a
1711 payor’s right to refuse payment of an unauthorized draft.
1712 Section 35. Section 534.51, Florida Statutes, is repealed.
1713 Section 36. Section 534.54, Florida Statutes, is amended to
1715 534.54 Cattle or hog processors; prompt payment; penalty;
1717 (1) As used in this section:
1718 (a) “Livestock” means cattle or hogs.
1719 (b) “Meat processor” means a person, corporation,
1720 association, or other legal entity engaged in the business of
1721 slaughtering cattle or hogs.
1722 (1) (2)(a) A purchaser that meat processor who purchases
1723 livestock from a seller , or any person, corporation,
1724 association, or other legal entity who purchases livestock from
1725 a seller for slaughter, shall make payment by cash or check for
1726 the purchase price of the livestock and actually deliver the
1727 cash or check to the seller or her or his representative at the
1728 location where the purchaser takes physical possession of the
1729 livestock on the day the transfer of possession occurs or by
1730 shall wire transfer of funds on the business day within which
1731 the possession of the said livestock is transferred. However, if
1732 the transfer of possession is accomplished after normal banking
1733 hours, said payment shall be made in the manner herein provided
1734 in this subsection no not later than the close of the first
1735 business day following the said transfer of possession. In the
1736 case of “grade and yield ” selling, the purchaser shall make
1737 payment by wire transfer of funds or by personal or cashier’s
1738 check by registered mail postmarked no not later than the close
1739 of the first business day following determination of “grade and
1740 yield. ”
1741 (b) All instruments issued in payment as required by this
1742 section hereunder shall be drawn on banking institutions which
1743 are so located as not artificially to delay collection of funds
1744 through the mail or otherwise cause an undue lapse of time in
1745 the clearance process.
1746 (2) (3) In all cases in which A purchaser of who purchases
1747 livestock that for slaughter from a seller fails to comply with
1748 subsection (1) make payment for the livestock as required by
1749 this section or artificially delays collection of funds for the
1750 payment of the livestock , the purchaser shall be liable to pay
1751 the seller owner of the livestock, in addition to the price of
1752 the livestock:
1753 (a) Twelve percent damages on the amount of the price.
1754 (b) Interest on the purchase price of the livestock at the
1755 highest legal rate from and after the transfer of possession
1756 until payment is made as required by this section.
1757 (c) A Reasonable attorney fees, court costs, and expenses
1758 attorney’s fee for the prosecution of collection of the payment.
1759 (3) (4)(a) A seller that Any person, partnership, firm,
1760 corporation, or other organization which sells livestock to a
1761 purchaser shall have a lien on such animal and its carcass, all
1762 products therefrom, and all proceeds thereof to secure all or a
1763 part of its sales price.
1764 (b) The lien provided in this subsection shall be deemed to
1765 have attached and to be perfected upon delivery of the livestock
1766 to the purchaser without further action, and such lien shall
1767 continue in the livestock and its carcass, all products
1768 therefrom, and all proceeds thereof without regard to possession
1769 thereof by the party entitled to such lien without further
1771 (c) If the livestock or its carcass or products therefrom
1772 are so commingled with other livestock, carcasses, or products
1773 so that the identity thereof is lost, then the lien granted in
1774 this subsection shall extend to the same effect as if same had
1775 been perfected originally in all such animals, carcasses, and
1776 products with which it has become commingled. However, all liens
1777 so extended under this paragraph to such commingled livestock,
1778 carcasses, and products shall be on a parity with one another,
1779 and, with respect to such commingled carcasses or products upon
1780 which a lien or liens have been so extended under this
1781 paragraph, no such lien shall be enforceable as against any
1782 purchaser without actual knowledge thereof purchasing one or
1783 more of such carcasses or products in the ordinary course of
1784 trade or business from the party having commingled such
1785 carcasses or products or against any subsequent transferee from
1786 such purchaser, but in the event of such sale, such lien shall
1787 instead extend to the proceeds of such sale.
1788 Section 37. Subsection (46) is added to section 570.07,
1789 Florida Statutes, to read:
1790 570.07 Department of Agriculture and Consumer Services;
1791 functions, powers, and duties.—The department shall have and
1792 exercise the following functions, powers, and duties:
1793 (46) During a state of emergency declared pursuant to s.
1794 252.36, to waive fees by emergency order for duplicate copies or
1795 renewal of permits, licenses, certifications, or other similar
1796 types of authorizations during a period specified by the
1798 Section 38. Section 573.111, Florida Statutes, is amended
1799 to read:
1800 573.111 Notice of effective date of marketing order.—Before
1801 the issuance of any marketing order, or any suspension,
1802 amendment, or termination thereof, a notice must shall be posted
1803 on a public bulletin board to be maintained by the department in
1804 the Division of Marketing and Development of the department in
1805 the Nathan Mayo Building, Tallahassee, Leon County, and a copy
1806 of the notice shall be posted on the department website the same
1807 date that the notice is posted on the bulletin board. A No
1808 marketing order, or any suspension, amendment, or termination
1809 thereof, may not shall become effective until the termination of
1810 a period of 5 days after from the date of posting and
1812 Section 39. Section 578.011, Florida Statutes, is amended
1813 to read:
1814 578.011 Definitions; Florida Seed Law.—When used in this
1815 chapter, the term:
1816 (1) “Advertisement” means all representations, other than
1817 those on the label, disseminated in any manner or by any means,
1818 relating to seed within the scope of this law.
1819 (2) “Agricultural seed” includes the seed of grass, forage,
1820 cereal and fiber crops, and chufas and any other seed commonly
1821 recognized within the state as agricultural seed, lawn seed, and
1822 combinations of such seed, and may include identified noxious
1823 weed seed when the department determines that such seed is being
1824 used as agricultural seed or field seed and mixtures of such
1826 (3) “Blend” means seed consisting of more than one variety
1827 of one kind, each present in excess of 5 percent by weight of
1828 the whole.
1829 (4) “Buyer” means a person who purchases agricultural,
1830 vegetable, flower, tree, or shrub seed in packaging of 1,000
1831 seeds or more by count.
1832 (5) “Brand” means a distinguishing word, name, symbol,
1833 number, or design used to identify seed produced, packaged,
1834 advertised, or offered for sale by a particular person.
1835 (6) (3) “Breeder seed” means a class of certified seed
1836 directly controlled by the originating or sponsoring plant
1837 breeding institution or person, or designee thereof, and is the
1838 source for the production of seed of the other classes of
1839 certified seed that are released directly from the breeder or
1840 experiment station that develops the seed. These seed are one
1841 class above foundation seed.
1842 (7) (4) “Certified seed ,” means a class of seed which is the
1843 progeny of breeder, foundation, or registered seed “registered
1844 seed,” and “foundation seed” mean seed that have been produced
1845 and labeled in accordance with the procedures and in compliance
1846 with the rules and regulations of any agency authorized by the
1847 laws of this state or the laws of another state.
1848 (8) “Certifying agency” means:
1849 (a) An agency authorized under the laws of a state,
1850 territory, or possession of the United States to officially
1851 certify seed and which has standards and procedures approved by
1852 the United States Secretary of Agriculture to assure the genetic
1853 purity and identity of the seed certified; or
1854 (b) An agency of a foreign country that the United States
1855 Secretary of Agriculture has determined as adhering to
1856 procedures and standards for seed certification comparable to
1857 those adhered to generally by seed certifying agencies under
1858 paragraph (a).
1859 (9) “Coated seed” means seed that has been covered by a
1860 layer of materials that obscures the original shape and size of
1861 the seed and substantially increases the weight of the product.
1862 The addition of biologicals, pesticides, identifying colorants
1863 or dyes, or other active ingredients including polymers may be
1864 included in this process.
1865 (10) (5) “Date of test” means the month and year the
1866 percentage of germination appearing on the label was obtained by
1867 laboratory test.
1868 (11) (6) “Dealer” means any person who sells or offers for
1869 sale any agricultural, vegetable, flower, or forest tree, or
1870 shrub seed for seeding purposes, and includes farmers who sell
1871 cleaned, processed, packaged, and labeled seed.
1872 (12) (7) “Department” means the Department of Agriculture
1873 and Consumer Services or its authorized representative.
1874 (13) (8) “Dormant seed” refers to viable seed, other than
1875 hard seed, which neither germinate nor decay during the
1876 prescribed test period and under the prescribed test conditions.
1877 (14) (9) “Flower seed” includes seed of herbaceous plants
1878 grown for blooms, ornamental foliage, or other ornamental parts,
1879 and commonly known and sold under the name of flower or
1880 wildflower seed in this state.
1881 (10) “Forest tree seed” includes seed of woody plants
1882 commonly known and sold as forest tree seed.
1883 (15) “Foundation seed” means a class of certified seed
1884 which is the progeny of breeder or other foundation seed and is
1885 produced and handled under procedures established by the
1886 certifying agency, in accordance with this part, for producing
1887 foundation seed, for the purpose of maintaining genetic purity
1888 and identity.
1889 (16) (11) “Germination” means the emergence and development
1890 from the seed embryo of those essential structures which, for
1891 the kind of seed in question, are indicative of the ability to
1892 produce a normal plant under favorable conditions percentage of
1893 seed capable of producing normal seedlings under ordinarily
1894 favorable conditions. Broken seedlings and weak, malformed and
1895 obviously abnormal seedlings shall not be considered to have
1897 (17) (12) “Hard seed” means seeds that remain hard at the
1898 end of a prescribed test period because they have not absorbed
1899 water due to an impermeable seed coat the percentage of seed
1900 which because of hardness or impermeability did not absorb
1901 moisture or germinate under prescribed tests but remain hard
1902 during the period prescribed for germination of the kind of seed
1904 (18) (13) “Hybrid” means the first generation seed of a
1905 cross produced by controlling the pollination and by combining:
1906 (a) Two or more inbred lines;
1907 (b) One inbred or a single cross with an open-pollinated
1908 variety; or
1909 (c) Two varieties or species, except open-pollinated
1910 varieties of corn (Zea mays).
1912 The second generation or subsequent generations from such
1913 crosses may shall not be regarded as hybrids. Hybrid
1914 designations shall be treated as variety names.
1915 (19) (14) “Inert matter” means all matter that is not a full
1916 seed includes broken seed when one-half in size or less; seed of
1917 legumes or crucifers with the seed coats removed; undeveloped
1918 and badly injured weed seed such as sterile dodder which, upon
1919 visual examination, are clearly incapable of growth; empty
1920 glumes of grasses; attached sterile glumes of grasses (which
1921 must be removed from the fertile glumes except in Rhodes grass);
1922 dirt, stone, chaff, nematode, fungus bodies, and any matter
1923 other than seed.
1924 (20) (15) “Kind” means one or more related species or
1925 subspecies which singly or collectively is known by one common
1926 name; e.g., corn, beans, lespedeza.
1927 (21) “Label” means the display or displays of written or
1928 printed material upon or attached to a container of seed.
1929 (22) (16) “Labeling” includes all labels and other written,
1930 printed, or graphic representations, in any form, accompanying
1931 and pertaining to any seed, whether in bulk or in containers,
1932 and includes invoices and other bills of shipment when sold in
1934 (23) (17) “Lot of seed” means a definite quantity of seed
1935 identified by a lot number or other mark identification, every
1936 portion or bag of which is uniform within recognized tolerances
1937 for the factors that appear in the labeling , for the factors
1938 which appear in the labeling, within permitted tolerances.
1939 (24) (18) “Mix,” “mixed,” or “mixture” means seed consisting
1940 of more than one kind or variety, each present in excess of 5
1941 percent by weight of the whole.
1942 (25) “Mulch” means a protective covering of any suitable
1943 substance placed with seed which acts to retain sufficient
1944 moisture to support seed germination and sustain early seedling
1945 growth and aid in the prevention of the evaporation of soil
1946 moisture, the control of weeds, and the prevention of erosion.
1947 (26) “Noxious weed seed” means seed in one of two classes
1948 of seed:
1949 (a) “Prohibited noxious weed seed” means the seed of weeds
1950 that are highly destructive and difficult to control by good
1951 cultural practices and the use of herbicides.
1952 (b) “Restricted noxious weed seed” means weed seeds that
1953 are objectionable in agricultural crops, lawns, and gardens of
1954 this state and which can be controlled by good agricultural
1955 practices or the use of herbicides.
1956 (27) (19) “Origin” means the state, District of Columbia,
1957 Puerto Rico, or possession of the United States, or the foreign
1958 country where the seed were grown, except for native species,
1959 where the term means the county or collection zone and the state
1960 where the seed were grown for forest tree seed, with respect to
1961 which the term “origin” means the county or state forest service
1962 seed collection zone and the state where the seed were grown.
1963 (28) (20) “Other crop seed” includes all seed of plants
1964 grown in this state as crops, other than the kind or kind and
1965 variety included in the pure seed, when not more than 5 percent
1966 of the whole of a single kind or variety is present, unless
1967 designated as weed seed.
1968 (29) “Packet seed” means seed prepared for use in home
1969 gardens and household plantings packaged in labeled, sealed
1970 containers of less than 8 ounces and typically sold from seed
1971 racks or displays in retail establishments, via the Internet, or
1972 through mail order.
1973 (30) (21) “Processing” means conditioning, cleaning,
1974 scarifying, or blending to obtain uniform quality and other
1975 operations which would change the purity or germination of the
1976 seed and, therefore, require retesting to determine the quality
1977 of the seed.
1978 (22) “Prohibited noxious weed seed” means the seed and
1979 bulblets of perennial weeds such as not only reproduce by seed
1980 or bulblets, but also spread by underground roots or stems and
1981 which, when established, are highly destructive and difficult to
1982 control in this state by ordinary good cultural practice.
1983 (31) (23) “Pure seed” means the seed, exclusive of inert
1984 matter, of the kind or kind and variety of seed declared on the
1985 label or tag includes all seed of the kind or kind and variety
1986 or strain under consideration, whether shriveled, cracked, or
1987 otherwise injured, and pieces of broken seed larger than one
1988 half the original size.
1989 (32) (24) “Record” includes the symbol identifying the seed
1990 as to origin, amount, processing, testing, labeling, and
1991 distribution, file sample of the seed, and any other document or
1992 instrument pertaining to the purchase, sale, or handling of
1993 agricultural, vegetable, flower, or forest tree, or shrub seed.
1994 Such information includes seed samples and records of
1995 declarations, labels, purchases, sales, conditioning, bulking,
1996 treatment, handling, storage, analyses, tests, and examinations.
1997 (33) “Registered seed” means a class of certified seed
1998 which is the progeny of breeder or foundation seed and is
1999 produced and handled under procedures established by the
2000 certifying agency, in accordance with this part, for the purpose
2001 of maintaining genetic purity and identity.
2002 (25) “Restricted noxious weed seed” means the seed of such
2003 weeds as are very objectionable in fields, lawns, or gardens of
2004 this state, but can be controlled by good cultural practice.
2005 Seed of poisonous plants may be included.
2006 (34) “Shrub seed” means seed of a woody plant that is
2007 smaller than a tree and has several main stems arising at or
2008 near the ground.
2009 (35) (26) “Stop-sale” means any written or printed notice or
2010 order issued by the department to the owner or custodian of any
2011 lot of agricultural, vegetable, flower, or forest tree, or shrub
2012 seed in the state, directing the owner or custodian not to sell
2013 or offer for sale seed designated by the order within the state
2014 until the requirements of this law are complied with and a
2015 written release has been issued; except that the seed may be
2016 released to be sold for feed.
2017 (36) (27) “Treated” means that the seed has been given an
2018 application of a material or subjected to a process designed to
2019 control or repel disease organisms, insects, or other pests
2020 attacking seed or seedlings grown therefrom to improve its
2021 planting value or to serve any other purpose.
2022 (37) “Tree seed” means seed of a woody perennial plant
2023 typically having a single stem or trunk growing to a
2024 considerable height and bearing lateral branches at some
2025 distance from the ground.
2026 (38) (28) “Type” means a group of varieties so nearly
2027 similar that the individual varieties cannot be clearly
2028 differentiated except under special conditions.
2029 (39) (29) “Variety” means a subdivision of a kind which is
2030 distinct in the sense that the variety can be differentiated by
2031 one or more identifiable morphological, physiological, or other
2032 characteristics from all other varieties of public knowledge;
2033 uniform in the sense that the variations in essential and
2034 distinctive characteristics are describable; and stable in the
2035 sense that the variety will remain unchanged in its essential
2036 and distinctive characteristics and its uniformity when
2037 reproduced or reconstituted characterized by growth, plant
2038 fruit, seed, or other characteristics by which it can be
2039 differentiated from other sorts of the same kind; e.g.,
2040 Whatley’s Prolific corn, Bountiful beans, Kobe lespedeza.
2041 (40) (30) “Vegetable seed” means the seed of those crops
2042 that which are grown in gardens or on truck farms, and are
2043 generally known and sold under the name of vegetable seed or
2044 herb seed in this state.
2045 (41) (31) “Weed seed” includes the seed of all plants
2046 generally recognized as weeds within this state, and includes
2047 prohibited and restricted noxious weed seed, bulblets, and
2048 tubers, and any other vegetative propagules.
2049 Section 40. Section 578.012, Florida Statutes, is created
2050 to read:
2051 578.012 Preemption.—
2052 (1) It is the intent of the Legislature to eliminate
2053 duplication of regulation of seed. As such, this chapter is
2054 intended as comprehensive and exclusive and occupies the whole
2055 field of regulation of seed.
2056 (2) The authority to regulate seed or matters relating to
2057 seed in this state is preempted to the state. A local government
2058 or political subdivision of the state may not enact or enforce
2059 an ordinance that regulates seed, including the power to assess
2060 any penalties provided for violation of this chapter.
2061 Section 41. Section 578.08, Florida Statutes, is amended to
2063 578.08 Registrations.—
2064 (1) Every person, except as provided in subsection (4) and
2065 s. 578.14, before selling, distributing for sale, offering for
2066 sale, exposing for sale, handling for sale, or soliciting orders
2067 for the purchase of any agricultural, vegetable, flower, or
2068 forest tree, or shrub seed or mixture thereof, shall first
2069 register with the department as a seed dealer. The application
2070 for registration must include the name and location of each
2071 place of business at which the seed is sold, distributed for
2072 sale, offered for sale, exposed for sale, or handled for sale.
2073 The application must for registration shall be filed with the
2074 department by using a form prescribed by the department or by
2075 using the department’s website and shall be accompanied by an
2076 annual registration fee for each such place of business based on
2077 the gross receipts from the sale of such seed for the last
2078 preceding license year as follows:
2079 (a)1. Receipts of less than $500, a fee of $10.
2080 2. Receipts of $500 or more but less than $1,000, a fee of
2082 3. Receipts of $1,000 or more but less than $2,500, a fee
2083 of $100.
2084 4. Receipts of $2,500 or more but less than $5,000, a fee
2085 of $200.
2086 5. Receipts of $5,000 or more but less than $10,000, a fee
2087 of $350.
2088 6. Receipts of $10,000 or more but less than $20,000, a fee
2089 of $800.
2090 7. Receipts of $20,000 or more but less than $40,000, a fee
2091 of $1,000.
2092 8. Receipts of $40,000 or more but less than $70,000, a fee
2093 of $1,200.
2094 9. Receipts of $70,000 or more but less than $150,000, a
2095 fee of $1,600.
2096 10. Receipts of $150,000 or more but less than $400,000, a
2097 fee of $2,400.
2098 11. Receipts of $400,000 or more, a fee of $4,600.
2099 (b) For places of business not previously in operation, the
2100 fee shall be based on anticipated receipts for the first license
2102 (2) A written receipt from the department of the
2103 registration and payment of the fee shall constitute a
2104 sufficient permit for the dealer to engage in or continue in the
2105 business of selling, distributing for sale, offering or exposing
2106 for sale, handling for sale, or soliciting orders for the
2107 purchase of any agricultural, vegetable, flower, or forest tree,
2108 or shrub seed within the state. However, the department has
2109 shall have authority to suspend or revoke any permit for the
2110 violation of any provision of this law or of any rule adopted
2111 under authority hereof. The registration shall expire on June 30
2112 of the next calendar year and shall be renewed on July 1 of each
2113 year. If any person subject to the requirements of this section
2114 fails to comply, the department may issue a stop-sale notice or
2115 order which shall prohibit the person from selling or causing to
2116 be sold any agricultural, vegetable, flower, or forest tree, or
2117 shrub seed until the requirements of this section are met.
2118 (3) Every person selling, distributing for sale, offering
2119 for sale, exposing for sale, handling for sale, or soliciting
2120 orders for the purchase of any agricultural, vegetable, flower,
2121 or forest tree, or shrub seed in the state other than as
2122 provided in subsection (4) s. 578.14, shall be subject to the
2123 requirements of this section ; except that agricultural
2124 experiment stations of the State University System shall not be
2125 subject to the requirements of this section.
2126 (4) The provisions of This chapter does shall not apply to
2127 farmers who sell only uncleaned, unprocessed, unpackaged, and
2128 unlabeled seed, but shall apply to farmers who sell cleaned,
2129 processed, packaged, and labeled seed in amounts in excess of
2130 $10,000 in any one year.
2131 (5) When packet seed is sold, offered for sale, or exposed
2132 for sale, the company who packs seed for retail sale must
2133 register and pay fees as provided under subsection (1).
2134 Section 42. Section 578.09, Florida Statutes, is amended to
2136 578.09 Label requirements for agricultural, vegetable,
2137 flower, tree, or shrub seeds.—Each container of agricultural,
2138 vegetable, or flower, tree, or shrub seed which is sold, offered
2139 for sale, exposed for sale, or distributed for sale within this
2140 state for sowing or planting purposes must shall bear thereon or
2141 have attached thereto, in a conspicuous place , a label or labels
2142 containing all information required under this section, plainly
2143 written or printed label or tag in the English language , in
2144 Century type. All data pertaining to analysis must shall appear
2145 on a single label. Language setting forth the requirements for
2146 filing and serving complaints as described in s. 578.26(1)(c)
2147 must s. 578.26(1)(b) shall be included on the analysis label or
2148 be otherwise attached to the package, except for packages
2149 containing less than 1,000 seeds by count.
2150 (1) FOR TREATED SEED.— For all treated agricultural,
2151 vegetable, or flower, tree, or shrub seed treated as defined in
2152 this chapter:
2153 (a) A word or statement indicating that the seed has been
2154 treated or description of process used.
2155 (b) The commonly accepted coined, chemical, or abbreviated
2156 chemical (generic) name of the applied substance or description
2157 of the process used and the words “poison treated” in red
2158 letters, in not less than 1/4-inch type.
2159 (c) If the substance in the amount present with the seed is
2160 harmful to humans or other vertebrate animals, a caution
2161 statement such as “Do not use for food, feed, or oil purposes.”
2162 The caution for mercurials, Environmental Protection Agency
2163 Toxicity Category 1 as referenced in 7 C.F.R. 201.31a(c)(2), and
2164 similarly toxic substances shall be designated by a poison
2165 statement or symbol.
2166 (d) Rate of application or statement “Treated at
2167 manufacturer’s recommended rate.”
2168 (d) (e) If the seed is treated with an inoculant, the date
2169 beyond which the inoculant is not to be considered effective
2170 (date of expiration).
2172 A label separate from other labels required by this section or
2173 other law may be used to identify seed treatments as required by
2174 this subsection.
2175 (2) For agricultural seed, including lawn and turf grass
2176 seed and mixtures thereof: AGRICULTURAL SEED.—
2177 (a) Commonly accepted The name of the kind and variety of
2178 each agricultural seed component present in excess of 5 percent
2179 of the whole, and the percentage by weight of each in the order
2180 of its predominance. Where more than one component is required
2181 to be named, the word “mixed,” “mixture,” or “blend” must the
2182 word “mixed” shall be shown conspicuously on the label. Hybrids
2183 must be labeled as hybrids.
2184 (b) Lot number or other lot identification.
2185 (c) Net weight or seed count.
2186 (d) Origin, if known. If the origin is ; if unknown, that
2187 fact must shall be stated.
2188 (e) Percentage by weight of all weed seed.
2189 (f) The Name and number of noxious weed seed per pound, if
2190 present per pound of each kind of restricted noxious weed seed.
2191 (g) Percentage by weight of agricultural seed which may be
2192 designated as other crop seed, other than those required to be
2193 named on the label.
2194 (h) Percentage by weight of inert matter.
2195 (i) For each named agricultural seed, including lawn and
2196 turf grass seed:
2197 1. Percentage of germination, exclusive of hard or dormant
2199 2. Percentage of hard or dormant seed, if when present , if
2200 desired; and
2201 3. The calendar month and year the test was completed to
2202 determine such percentages, provided that the germination test
2203 must have been completed within the previous 9 months, exclusive
2204 of the calendar month of test.
2205 (j) Name and address of the person who labeled said seed or
2206 who sells, distributes, offers, or exposes said seed for sale
2207 within this state.
2209 The sum total of the percentages listed pursuant to paragraphs
2210 (a),(e),(g), and (h) must be equal to 100 percent.
2211 (3) For seed that is coated:
2212 (a) Percentage by weight of pure seed with coating material
2213 removed. The percentage of coating material may be included with
2214 the inert matter percentage or may be listed separately.
2215 (b) Percentage of germination. This percentage must be
2216 determined based on an examination of 400 coated units with or
2217 without seed.
2219 In addition to the requirements of this subsection, labeling of
2220 coated seed must also comply with the requirements of any other
2221 subsection pertaining to that type of seed. FOR VEGETABLE SEED
2222 IN CONTAINERS OF 8 OUNCES OR MORE.—
2223 (a) Name of kind and variety of seed.
2224 (b) Net weight or seed count.
2225 (c) Lot number or other lot identification.
2226 (d) Percentage of germination.
2227 (e) Calendar month and year the test was completed to
2228 determine such percentages.
2229 (f) Name and address of the person who labeled said seed or
2230 who sells, distributes, offers or exposes said seed for sale
2231 within this state.
2232 (g) For seed which germinate less than the standard last
2233 established by the department the words “below standard,” in not
2234 less than 8-point type, must be printed or written in ink on the
2235 face of the tag, in addition to the other information required.
2236 Provided, that no seed marked “below standard” shall be sold
2237 which falls more than 20 percent below the standard for such
2238 seed which has been established by the department, as authorized
2239 by this law.
2240 (h) The name and number of restricted noxious weed seed per
2242 (4) For combination mulch, seed, and fertilizer products:
2243 (a) The word “combination” followed, as appropriate, by the
2244 words “mulch - seed – fertilizer” must appear prominently on the
2245 principal display panel of the package.
2246 (b) If the product is an agricultural seed placed in a
2247 germination medium, mat, tape, or other device or is mixed with
2248 mulch or fertilizer, it must also be labeled with all of the
2250 1. Product name.
2251 2. Lot number or other lot identification.
2252 3. Percentage by weight of pure seed of each kind and
2253 variety named which may be less than 5 percent of the whole.
2254 4. Percentage by weight of other crop seed.
2255 5. Percentage by weight of inert matter.
2256 6. Percentage by weight of weed seed.
2257 7. Name and number of noxious weed seeds per pound, if
2259 8. Percentage of germination, and hard or dormant seed if
2260 appropriate, of each kind or kind and variety named. The
2261 germination test must have been completed within the previous 12
2262 months exclusive of the calendar month of test.
2263 9. The calendar month and year the test was completed to
2264 determine such percentages.
2265 10. Name and address of the person who labeled the seed, or
2266 who sells, offers, or exposes the seed for sale within the
2269 The sum total of the percentages listed pursuant to
2270 subparagraphs 3., 4., 5., and 6. must be equal to 100 percent.
2271 (5) For vegetable seed in packets as prepared for use in
2272 home gardens or household plantings or vegetable seeds in
2273 preplanted containers, mats, tapes, or other planting devices:
2274 FOR VEGETABLE SEED IN CONTAINERS OF LESS THAN 8 OUNCES.—
2275 (a) Name of kind and variety of seed. Hybrids must be
2276 labeled as hybrids.
2277 (b) Lot number or other lot identification.
2278 (c) Germination test date identified in the following
2280 1. The calendar month and year the germination test was
2281 completed and the statement “Sell by ...(month/year)...”, which
2282 may be no more than 12 months from the date of test, beginning
2283 with the month after the test date;
2284 2. The month and year the germination test was completed,
2285 provided that the germination test must have been completed
2286 within the previous 12 months, exclusive of the calendar month
2287 of test; or
2288 3. The year for which the seed was packaged for sale as
2289 “Packed for ...(year)...” and the statement “Sell by
2290 ...(year)...” which shall be one year after the seed was
2291 packaged for sale.
2292 (d) (b) Name and address of the person who labeled the seed
2293 or who sells, distributes, offers, or exposes said seed for sale
2294 within this state.
2295 (e) (c) For seed which germinate less than standard last
2296 established by the department , the additional information must
2297 be shown:
2298 1. Percentage of germination, exclusive of hard or dormant
2300 2. Percentage of hard or dormant seed when present, if
2301 present desired.
2302 3. Calendar month and year the test was completed to
2303 determine such percentages.
2304 3. 4. The words “Below Standard” prominently displayed in
2305 not less than 8-point type.
2307 (f) (d) No seed marked “below standard” may shall be sold
2308 that falls which fall more than 20 percent below the established
2309 standard for such seed. For seeds that do not have an
2310 established standard, the minimum germination standard shall be
2311 50 percent, and no such seed may be sold that is 20 percent
2312 below this standard.
2313 (g) For seed placed in a germination medium, mat, tape, or
2314 other device in such a way as to make it difficult to determine
2315 the quantity of seed without removing the seeds from the medium,
2316 mat, tape or device, a statement to indicate the minimum number
2317 of seeds in the container.
2318 (6) For vegetable seed in containers, other than packets
2319 prepared for use in home gardens or household plantings, and
2320 other than preplanted containers, mats, tapes, or other planting
2322 (a) The name of each kind and variety present of any seed
2323 in excess of 5 percent of the total weight in the container, and
2324 the percentage by weight of each type of seed in order of its
2325 predominance. Hybrids must be labeled as hybrids.
2326 (b) Net weight or seed count.
2327 (c) Lot number or other lot identification.
2328 (d) For each named vegetable seed:
2329 1. Percentage germination, exclusive of hard or dormant
2331 2. Percentage of hard or dormant seed, if present;
2332 3. Listed below the requirements of subparagraphs 1. and
2333 2., the “total germination and hard or dormant seed” may be
2334 stated as such, if desired; and
2335 4. The calendar month and year the test was completed to
2336 determine the percentages specified in subparagraphs 1. and 2.,
2337 provided that the germination test must have been completed
2338 within 9 months, exclusive of the calendar month of test.
2339 (e) Name and address of the person who labeled the seed, or
2340 who sells, offers, or exposes the seed for sale within this
2342 (f) For seed which germinate less than the standard last
2343 established by the department, the words “Below Standard”
2344 prominently displayed.
2345 1. No seed marked “Below Standard” may be sold if the seed
2346 is more than 20 percent below the established standard for such
2348 2. For seeds that do not have an established standard, the
2349 minimum germination standard shall be 50 percent, and no such
2350 seed may be sold that is 20 percent below this standard.
2351 (7) (5) For flower seed in packets prepared for use in home
2352 gardens or household plantings or flower seed in preplanted
2353 containers, mats, tapes, or other planting devices: FOR FLOWER
2354 SEED IN PACKETS PREPARED FOR USE IN HOME GARDENS OR HOUSEHOLD
2355 PLANTINGS OR FLOWER SEED IN PREPLANTED CONTAINERS, MATS, TAPES,
2356 OR OTHER PLANTING DEVICES.—
2357 (a) For all kinds of flower seed:
2358 1. The name of the kind and variety or a statement of type
2359 and performance characteristics as prescribed in the rules and
2360 regulations adopted promulgated under the provisions of this
2362 2. Germination test date, identified in the following
2364 a. The calendar month and year the germination test was
2365 completed and the statement “Sell by_ ...(month/year)...”. The
2366 sell by date must be no more than 12 months from the date of
2367 test, beginning with the month after the test date;
2368 b. The year for which the seed was packed for sale as
2369 “Packed for ...(year)...” and the statement “Sell by
2370 ...(year)...” which shall be for a calendar year; or
2371 c. The calendar month and year the test was completed,
2372 provided that the germination test must have been completed
2373 within the previous 12 months, exclusive of the calendar month
2374 of test.
2375 2. The calendar month and year the seed was tested or the
2376 year for which the seed was packaged.
2377 3. The name and address of the person who labeled said
2378 seed, or who sells, offers, or exposes said seed for sale within
2379 this state.
2380 (b) For seed of those kinds for which standard testing
2381 procedures are prescribed and which germinate less than the
2382 germination standard last established under the provisions of
2383 this chapter:
2384 1. The percentage of germination exclusive of hard or
2385 dormant seed.
2386 2. Percentage of hard or dormant seed, if present.
2387 3. The words “Below Standard” prominently displayed in not
2388 less than 8-point type.
2389 (c) For seed placed in a germination medium, mat, tape, or
2390 other device in such a way as to make it difficult to determine
2391 the quantity of seed without removing the seed from the medium,
2392 mat, tape, or device, a statement to indicate the minimum number
2393 of seed in the container.
2394 (8) (6) For flower seed in containers other than packets and
2395 other than preplanted containers, mats, tapes, or other planting
2396 devices and not prepared for use in home flower gardens or
2397 household plantings: FOR FLOWER SEED IN CONTAINERS OTHER THAN
2398 PACKETS PREPARED FOR USE IN HOME FLOWER GARDENS OR HOUSEHOLD
2399 PLANTINGS AND OTHER THAN PREPLANTED CONTAINERS, MATS, TAPES, OR
2400 OTHER PLANTING DEVICES.—
2401 (a) The name of the kind and variety, and for wildflowers,
2402 the genus and species and subspecies, if appropriate or a
2403 statement of type and performance characteristics as prescribed
2404 in rules and regulations promulgated under the provisions of
2405 this chapter.
2406 (b) Net weight or seed count.
2407 (c) (b) The Lot number or other lot identification.
2408 (d) For flower seed with a pure seed percentage of less
2409 than 90 percent:
2410 1. Percentage, by weight, of each component listed in order
2411 of its predominance.
2412 2. Percentage by weight of weed seed, if present.
2413 3. Percentage by weight of other crop seed.
2414 4. Percentage by weight of inert matter.
2415 (e) For those kinds of seed for which standard testing
2416 procedures are prescribed:
2417 1. Percentage germination exclusive of hard or dormant
2419 2. Percentage of hard or dormant seed, if present.
2420 3. (c) The calendar month and year that the test was
2421 completed. The germination test must have been completed within
2422 the previous 9 months, exclusive of the calendar month of test.
2423 (f) For those kinds of seed for which standard testing
2424 procedures are not available, the year of production or
2425 collection seed were tested or the year for which the seed were
2427 (g) (d) The name and address of the person who labeled said
2428 seed or who sells, offers, or exposes said seed for sale within
2429 this state.
2430 (e) For those kinds of seed for which standard testing
2431 procedures are prescribed:
2432 1. The percentage germination exclusive of hard seed.
2433 2. The percentage of hard seed, if present.
2434 (h) (f) For those seed s which germinate less than the
2435 standard last established by the department, the words “Below
2436 Standard” prominently displayed in not less than 8-point type
2437 must be printed or written in ink on the face of the tag.
2438 (9) For tree or shrub seed:
2439 (a) Common name of the species of seed and, if appropriate,
2441 (b) The scientific name of the genus, species, and, if
2442 appropriate, subspecies.
2443 (c) Lot number or other lot identification.
2444 (d) Net weight or seed count.
2445 (e) Origin, indicated in the following manner:
2446 1. For seed collected from a predominantly indigenous
2447 stand, the area of collection given by latitude and longitude or
2448 geographic description, or political subdivision, such as state
2449 or county.
2450 2. For seed collected from other than a predominantly
2451 indigenous stand, the area of collection and the origin of the
2452 stand or the statement “Origin not Indigenous”.
2453 3. The elevation or the upper and lower limits of
2454 elevations within which the seed was collected.
2455 (f) Purity as a percentage of pure seed by weight.
2456 (g) For those species for which standard germination
2457 testing procedures are prescribed by the department:
2458 1. Percentage germination exclusive of hard or dormant
2460 2. Percentage of hard or dormant seed, if present.
2461 3. The calendar month and year test was completed, provided
2462 that the germination test must have been completed within the
2463 previous 12 months, exclusive of the calendar month of test.
2464 (h) In lieu of subparagraphs (g)1., 2., and 3., the seed
2465 may be labeled “Test is in progress; results will be supplied
2466 upon request.”
2467 (i) For those species for which standard germination
2468 testing procedures have not been prescribed by the department,
2469 the calendar year in which the seed was collected.
2470 (j) The name and address of the person who labeled the seed
2471 or who sells, offers, or exposes the seed for sale within this
2473 (7) DEPARTMENT TO PRESCRIBE UNIFORM ANALYSIS TAG.—The
2474 department shall have the authority to prescribe a uniform
2475 analysis tag required by this section.
2477 The information required by this section to be placed on labels
2478 attached to seed containers may not be modified or denied in the
2479 labeling or on another label attached to the container. However,
2480 labeling of seed supplied under a contractual agreement may be
2481 by invoice accompanying the shipment or by an analysis tag
2482 attached to the invoice if each bag or other container is
2483 clearly identified by a lot number displayed on the bag or other
2484 container. Each bag or container that is not so identified must
2485 carry complete labeling.
2486 Section 43. Section 578.091, Florida Statutes, is repealed.
2487 Section 44. Subsections (2) and (3) of section 578.10,
2488 Florida Statutes, are amended to read:
2489 578.10 Exemptions.—
2490 (2) The provisions of ss. 578.09 and 578.13 do not apply
2492 (a) To Seed or grain not intended for sowing or planting
2494 (b) To Seed stored in storage in, consigned to, or being
2495 transported to seed cleaning or processing establishments for
2496 cleaning or processing only. Any labeling or other
2497 representation which may be made with respect to the unclean
2498 seed is shall be subject to this law.
2499 (c) Seed under development or maintained exclusively for
2500 research purposes.
2501 (3) If seeds cannot be identified by examination thereof, a
2502 person is not subject to the criminal penalties of this chapter
2503 for having sold or offered for sale seeds subject to this
2504 chapter which were incorrectly labeled or represented as to
2505 kind, species, and, if appropriate, subspecies, variety, type,
2506 or origin, elevation, and, if required, year of collection
2507 unless he or she has failed to obtain an invoice, genuine
2508 grower’s or tree seed collector’s declaration, or other labeling
2509 information and to take such other precautions as may be
2510 reasonable to ensure the identity of the seeds to be as stated
2511 by the grower. A genuine grower’s declaration of variety must
2512 affirm that the grower holds records of proof of identity
2513 concerning parent seed, such as invoice and labels No person
2514 shall be subject to the criminal penalties of this law for
2515 having sold, offered, exposed, or distributed for sale in this
2516 state any agricultural, vegetable, or forest tree seed which
2517 were incorrectly labeled or represented as to kind and variety
2518 or origin, which seed cannot be identified by examination
2519 thereof, unless she or he has failed to obtain an invoice or
2520 grower’s declaration giving kind and variety and origin.
2521 Section 45. Section 578.11, Florida Statutes, is amended to
2523 578.11 Duties, authority, and rules of the department.—
2524 (1) The duty of administering this law and enforcing its
2525 provisions and requirements shall be vested in the Department of
2526 Agriculture and Consumer Services, which is hereby authorized to
2527 employ such agents and persons as in its judgment shall be
2528 necessary therefor. It shall be the duty of the department,
2529 which may act through its authorized agents, to sample, inspect,
2530 make analyses of, and test agricultural, vegetable, flower, or
2531 forest tree, or shrub seed transported, sold, offered or exposed
2532 for sale, or distributed within this state for sowing or
2533 planting purposes, at such time and place and to such extent as
2534 it may deem necessary to determine whether said agricultural,
2535 vegetable, flower, or forest tree, or shrub seed are in
2536 compliance with the provisions of this law, and to notify
2537 promptly the person who transported, distributed, sold, offered
2538 or exposed the seed for sale, of any violation.
2539 (2) The department is authorized to:
2540 (a) To Enforce this chapter act and prescribe the methods
2541 of sampling, inspecting, testing, and examining agricultural,
2542 vegetable, flower, or forest tree, or shrub seed.
2543 (b) To Establish standards and tolerances to be followed in
2544 the administration of this law, which shall be in general accord
2545 with officially prescribed practices in interstate commerce.
2546 (c) To Prescribe uniform labels.
2547 (d) To Adopt prohibited and restricted noxious weed seed
2549 (e) To Prescribe limitations for each restricted noxious
2550 weed to be used in enforcement of this chapter act and to add or
2551 subtract therefrom from time to time as the need may arise.
2552 (f) To Make commercial tests of seed and to fix and collect
2553 charges for such tests.
2554 (g) To List the kinds of flower, and forest tree, and shrub
2555 seed subject to this law.
2556 (h) To Analyze samples, as requested by a consumer. The
2557 department shall establish, by rule, a fee schedule for
2558 analyzing samples at the request of a consumer. The fees shall
2559 be sufficient to cover the costs to the department for taking
2560 the samples and performing the analysis, not to exceed $150 per
2562 (i) To Adopt rules pursuant to ss. 120.536(1) and 120.54 to
2563 implement the provisions of this chapter act.
2564 (j) To Establish, by rule, requirements governing aircraft
2565 used for the aerial application of seed, including requirements
2566 for recordkeeping, annual aircraft registration, secure storage
2567 when not in use, area-of-application information, and reporting
2568 any sale, lease, purchase, rental, or transfer of such aircraft
2569 to another person.
2570 (3) For the purpose of carrying out the provisions of this
2571 law, the department, through its authorized agents, is
2572 authorized to:
2573 (a) To Enter upon any public or private premises, where
2574 agricultural, vegetable, flower, or forest tree, or shrub seed
2575 is sold, offered, exposed, or distributed for sale during
2576 regular business hours, in order to have access to seed subject
2577 to this law and the rules and regulations hereunder.
2578 (b) To Issue and enforce a stop-sale notice or order to the
2579 owner or custodian of any lot of agricultural, vegetable,
2580 flower, or forest tree, or shrub seed , which the department
2581 finds or has good reason to believe is in violation of any
2582 provisions of this law, which shall prohibit further sale,
2583 barter, exchange, or distribution of such seed until the
2584 department is satisfied that the law has been complied with and
2585 has issued a written release or notice to the owner or custodian
2586 of such seed. After a stop-sale notice or order has been issued
2587 against or attached to any lot of seed and the owner or
2588 custodian of such seed has received confirmation that the seed
2589 does not comply with this law, she or he has shall have 15 days
2590 beyond the normal test period within which to comply with the
2591 law and obtain a written release of the seed. The provisions of
2592 This paragraph may shall not be construed as limiting the right
2593 of the department to proceed as authorized by other sections of
2594 this law.
2595 (c) To Establish and maintain a seed laboratory, employ
2596 seed analysts and other personnel, and incur such other expenses
2597 as may be necessary to comply with these provisions.
2598 Section 46. Section 578.12, Florida Statutes, is amended to
2600 578.12 Stop-sale, stop-use, removal, or hold orders.—When
2601 agricultural, vegetable, flower, or forest tree, or shrub seed
2602 is being offered or exposed for sale or held in violation of any
2603 of the provisions of this chapter, the department, through its
2604 authorized representative, may issue and enforce a stop-sale,
2605 stop-use, removal, or hold order to the owner or custodian of
2606 said seed ordering it to be held at a designated place until the
2607 law has been complied with and said seed is released in writing
2608 by the department or its authorized representative. If seed is
2609 not brought into compliance with this law it shall be destroyed
2610 within 30 days or disposed of by the department in such a manner
2611 as it shall by regulation prescribe.
2612 Section 47. Section 578.13, Florida Statutes, is amended to
2614 578.13 Prohibitions.—
2615 (1) It shall be unlawful for any person to sell, distribute
2616 for sale, offer for sale, expose for sale, handle for sale, or
2617 solicit orders for the purchase of any agricultural, vegetable,
2618 flower, or forest tree, or shrub, seed within this state:
2619 (a) Unless the test to determine the percentage of
2620 germination required by s. 578.09 has shall have been completed
2621 within a period of 7 months, exclusive of the calendar month in
2622 which the test was completed, immediately prior to sale,
2623 exposure for sale, offering for sale, or transportation, except
2624 for a germination test for seed in hermetically sealed
2625 containers which is provided for in s. 578.092 s. 578.28.
2626 (b) Not labeled in accordance with the provisions of this
2627 law, or having false or misleading labeling.
2628 (c) Pertaining to which there has been a false or
2629 misleading advertisement.
2630 (d) Containing noxious weed seeds subject to tolerances and
2631 methods of determination prescribed in the rules and regulations
2632 under this law.
2633 (e) Unless a seed license has been obtained in accordance
2634 with the provisions of this law.
2635 (f) Unless such seed conforms to the definition of a “lot
2636 of seed.”
2637 (2) It shall be unlawful for a any person within this state
2639 (a) To Detach, deface, destroy, or use a second time any
2640 label or tag provided for in this law or in the rules and
2641 regulations made and promulgated hereunder or to alter or
2642 substitute seed in a manner that may defeat the purpose of this
2644 (b) To Disseminate any false or misleading advertisement
2645 concerning agricultural, vegetable, flower, or forest tree ,or
2646 shrub seed in any manner or by any means.
2647 (c) To Hinder or obstruct in any way any authorized person
2648 in the performance of her or his duties under this law.
2649 (d) To Fail to comply with a stop-sale order or to move,
2650 handle, or dispose of any lot of seed, or tags attached to such
2651 seed, held under a “stop-sale” order, except with express
2652 permission of the department and for the purpose specified by
2653 the department or seizure order.
2654 (e) Label, advertise, or otherwise represent seed subject
2655 to this chapter to be certified seed or any class thereof,
2656 including classes such as “registered seed,” “foundation seed,”
2657 “breeder seed” or similar representations, unless:
2658 1. A seed certifying agency determines that such seed
2659 conformed to standards of purity and identify as to the kind,
2660 variety, or species and, if appropriate, subspecies and the seed
2661 certifying agency also determines that tree or shrub seed was
2662 found to be of the origin and elevation claimed, in compliance
2663 with the rules and regulations of such agency pertaining to such
2664 seed; and
2665 2. The seed bears an official label issued for such seed by
2666 a seed certifying agency certifying that the seed is of a
2667 specified class and specified to the kind, variety, or species
2668 and, if appropriate, subspecies.
2669 (f) Label, by variety name, seed not certified by an
2670 official seed-certifying agency when it is a variety for which a
2671 certificate of plant variety protection under the United States
2672 Plant Variety Protection Act, 7 U.S.C. 2321 et. seq., specifies
2673 sale only as a class of certified seed, except that seed from a
2674 certified lot may be labeled as to variety name when used in a
2675 mixture by, or with the written approval of, the owner of the
2676 variety. To sell, distribute for sale, offer for sale, expose
2677 for sale, handle for sale, or solicit orders for the purchase of
2678 any agricultural, vegetable, flower, or forest tree seed labeled
2679 “certified seed,” “registered seed,” “foundation seed,” “breeder
2680 seed,” or similar terms, unless it has been produced and labeled
2681 under seal in compliance with the rules and regulations of any
2682 agency authorized by law.
2683 (g) (f) To Fail to keep a complete record, including a file
2684 sample which shall be retained for 1 year after seed is sold, of
2685 each lot of seed and to make available for inspection such
2686 records to the department or its duly authorized agents.
2687 (h) (g) To Use the name of the Department of Agriculture and
2688 Consumer Services or Florida State Seed Laboratory in connection
2689 with analysis tag, labeling advertisement, or sale of any seed
2690 in any manner whatsoever.
2691 Section 48. Section 578.14, Florida Statutes, is repealed.
2692 Section 49. Subsection (1) of section 578.181, Florida
2693 Statutes, is amended to read:
2694 578.181 Penalties; administrative fine.—
2695 (1) The department may enter an order imposing one or more
2696 of the following penalties against a person who violates this
2697 chapter or the rules adopted under this chapter or who impedes,
2698 obstructs, or hinders, or otherwise attempts to prevent the
2699 department from performing its duty in connection with
2700 performing its duties under this chapter:
2701 (a) For a minor violation, issuance of a warning letter.
2702 (b) For violations other than a minor violation:
2703 1. Imposition of an administrative fine in the Class I
2704 category pursuant to s. 570.971 for each occurrence after the
2705 issuance of a warning letter.
2706 2. (c) Revocation or suspension of the registration as a
2707 seed dealer.
2708 Section 50. Section 578.23, Florida Statutes, is amended to
2710 578.23 Dealers’ Records to be kept available.—Each person
2711 who allows his or her name or brand to appear on the label as
2712 handling agricultural, vegetable, flower, tree, or shrub seeds
2713 subject to this chapter must keep, for 2 years, complete records
2714 of each lot of agricultural, vegetable, flower, tree, or shrub
2715 seed handled, and keep for 1 year after final disposition a file
2716 sample of each lot of seed. All such records and samples
2717 pertaining to the shipment or shipments involved must be
2718 accessible for inspection by the department or its authorized
2719 representative during normal business hours Every seed dealer
2720 shall make and keep for a period of 3 years satisfactory records
2721 of all agricultural, vegetable, flower, or forest tree seed
2722 bought or handled to be sold, which records shall at all times
2723 be made readily available for inspection, examination, or audit
2724 by the department. Such records shall also be maintained by
2725 persons who purchase seed for production of plants for resale.
2726 Section 51. Section 578.26, Florida Statutes, is amended to
2728 578.26 Complaint, investigation, hearings, findings, and
2729 recommendation prerequisite to legal action.—
2730 (1)(a) When any buyer farmer is damaged by the failure of
2731 agricultural, vegetable, flower, or forest tree, or shrub seed
2732 planted in this state to produce or perform as represented by
2733 the labeling of such label attached to the seed as required by
2734 s. 578.09, as a prerequisite to her or his right to maintain a
2735 legal action against the dealer from whom the seed was
2736 purchased, the buyer must farmer shall make a sworn complaint
2737 against the dealer alleging damages sustained. The complaint
2738 shall be filed with the department, and a copy of the complaint
2739 shall be served by the department on the dealer by certified
2740 mail, within such time as to permit inspection of the property,
2741 crops, plants, or trees referenced in, or related to, the
2742 buyer’s complaint by the seed investigation and conciliation
2743 council or its representatives and by the dealer from whom the
2744 seed was purchased.
2745 (b) For types of claims specified in paragraph (a), the
2746 buyer may not commence legal proceedings against the dealer or
2747 assert such a claim as a counterclaim or defense in any action
2748 brought by the dealer until the findings and recommendations of
2749 the seed investigation and conciliation council are transmitted
2750 to the complainant and the dealer.
2751 (c) (b) Language setting forth the requirement for filing
2752 and serving the complaint shall be legibly typed or printed on
2753 the analysis label or be attached to the package containing the
2754 seed at the time of purchase by the buyer farmer.
2755 (d) (c) A nonrefundable filing fee of $100 shall be paid to
2756 the department with each complaint filed. However, the
2757 complainant may recover the filing fee cost from the dealer upon
2758 the recommendation of the seed investigation and conciliation
2760 (2) Within 15 days after receipt of a copy of the
2761 complaint, the dealer shall file with the department her or his
2762 answer to the complaint and serve a copy of the answer on the
2763 buyer farmer by certified mail. Upon receipt of the findings and
2764 recommendation of the arbitration council, the department shall
2765 transmit them to the farmer and to the dealer by certified mail.
2766 (3) The department shall refer the complaint and the answer
2767 thereto to the seed investigation and conciliation council
2768 provided in s. 578.27 for investigation, informal hearing,
2769 findings, and recommendation on the matters complained of.
2770 (a) Each party must shall be allowed to present its side of
2771 the dispute at an informal hearing before the seed investigation
2772 and conciliation council. Attorneys may be present at the
2773 hearing to confer with their clients. However, no attorney may
2774 participate directly in the proceeding.
2775 (b) Hearings, including the deliberations of the seed
2776 investigation and conciliation council, must shall be open to
2777 the public.
2778 (c) Within 30 days after completion of a hearing, the seed
2779 investigation and conciliation council shall transmit its
2780 findings and recommendations to the department. Upon receipt of
2781 the findings and recommendation of the seed investigation and
2782 conciliation council, the department shall transmit them to the
2783 buyer farmer and to the dealer by certified mail.
2784 (4) The department shall provide administrative support for
2785 the seed investigation and conciliation council and shall mail a
2786 copy of the council’s procedures to each party upon receipt of a
2787 complaint by the department.
2788 Section 52. Subsections (1), (2), and (4) of section
2789 578.27, Florida Statutes, are amended to read:
2790 578.27 Seed investigation and conciliation council;
2791 composition; purpose; meetings; duties; expenses.—
2792 (1) The Commissioner of Agriculture shall appoint a seed
2793 investigation and conciliation council composed of seven members
2794 and seven alternate members, one member and one alternate to be
2795 appointed upon the recommendation of each of the following: the
2796 deans of extension and research, Institute of Food and
2797 Agricultural Sciences, University of Florida; president of the
2798 Florida Seed Seedsmen and Garden Supply Association; president
2799 of the Florida Farm Bureau Federation; and the president of the
2800 Florida Fruit and Vegetable Association. The Commissioner of
2801 Agriculture shall appoint a representative and an alternate from
2802 the agriculture industry at large and from the Department of
2803 Agriculture and Consumer Services. Each member shall be
2804 appointed for a term of 4 years or less and shall serve until
2805 his or her successor is appointed Initially, three members and
2806 their alternates shall be appointed for 4-year terms and four
2807 members and their alternates shall be appointed for 2-year
2808 terms. Thereafter, members and alternates shall be appointed for
2809 4-year terms. Each alternate member shall serve only in the
2810 absence of the member for whom she or he is an alternate. A
2811 vacancy shall be filled for the remainder of the unexpired term
2812 in the same manner as the original appointment. The council
2813 shall annually elect a chair from its membership. It shall be
2814 the duty of the chair to conduct all meetings and deliberations
2815 held by the council and to direct all other activities of the
2816 council. The department representative shall serve as secretary
2817 of the council. It shall be the duty of the secretary to keep
2818 accurate and correct records on all meetings and deliberations
2819 and perform other duties for the council as directed by the
2821 (2) The purpose of the seed investigation and conciliation
2822 council is to assist buyers farmers and agricultural seed
2823 dealers in determining the validity of seed complaints made by
2824 buyers farmers against dealers and recommend a settlement, when
2825 appropriate, cost damages resulting from the alleged failure of
2826 the seed to produce or perform as represented by the label of
2827 such on the seed package.
2828 (4)(a) When the department refers to the seed investigation
2829 and conciliation council any complaint made by a buyer farmer
2830 against a dealer, the said council must shall make a full and
2831 complete investigation of the matters complained of and at the
2832 conclusion of the said investigation must shall report its
2833 findings and make its recommendation of cost damages and file
2834 same with the department.
2835 (b) In conducting its investigation, the seed investigation
2836 and conciliation council or any representative, member, or
2837 members thereof are authorized to examine the buyer’s property,
2838 crops, plants, or trees referenced in or relating to the
2839 complaint farmer on her or his farming operation of which she or
2840 he complains and the dealer on her or his packaging, labeling,
2841 and selling operation of the seed alleged to be faulty; to grow
2842 to production a representative sample of the alleged faulty seed
2843 through the facilities of the state, under the supervision of
2844 the department when such action is deemed to be necessary; to
2845 hold informal hearings at a time and place directed by the
2846 department or by the chair of the council upon reasonable notice
2847 to the buyer farmer and the dealer.
2848 (c) Any investigation made by less than the whole
2849 membership of the council must shall be by authority of a
2850 written directive by the department or by the chair, and such
2851 investigation must shall be summarized in writing and considered
2852 by the council in reporting its findings and making its
2854 Section 53. Section 578.28, Florida Statutes, is renumbered
2855 as section 578.092, Florida Statutes, and amended to read:
2856 578.092 578.28 Seed in hermetically sealed containers.—The
2857 period of validity of germination tests is extended to the
2858 following periods for seed packaged in hermetically sealed
2859 containers, under conditions and label requirements set forth in
2860 this section:
2861 (1) GERMINATION TESTS.—The germination test for
2862 agricultural and vegetable seed must shall have been completed
2863 within the following periods, exclusive of the calendar month in
2864 which the test was completed, immediately prior to shipment,
2865 delivery, transportation, or sale:
2866 (a) In the case of agricultural or vegetable seed shipped,
2867 delivered, transported, or sold to a dealer for resale, 18
2869 (b) In the case of agricultural or vegetable seed for sale
2870 or sold at retail, 24 months.
2871 (2) CONDITIONS OF PACKAGING.—The following conditions are
2872 considered as minimum:
2873 (a) Hermetically sealed packages or containers.—A
2874 container, to be acceptable under the provisions of this
2875 section, shall not allow water vapor penetration through any
2876 wall, including the wall seals, greater than 0.05 gram of water
2877 per 24 hours per 100 square inches of surface at 100 °F. with a
2878 relative humidity on one side of 90 percent and on the other of
2879 0 percent. Water vapor penetration (WVP) is measured by the
2880 standards of the National Institute of Standards and Technology
2881 as: gm H2O/24 hr./100 sq. in./100 °F/90 percent RH V. 0 percent
2883 (b) Moisture of seed packaged.—The moisture of agricultural
2884 or vegetable seed subject to the provisions of this section
2885 shall be established by rule of the department.
2886 (3) LABELING REQUIRED.—In addition to the labeling required
2887 by s. 578.09, seed packaged under the provisions of this section
2888 shall be labeled with the following information:
2889 (a) Seed has been preconditioned as to moisture content.
2890 (b) Container is hermetically sealed.
2891 (c) “Germination test valid until (month, year)” may be
2892 used. (Not to exceed 24 months from date of test).
2893 Section 54. Section 578.29, Florida Statutes, is created to
2895 578.29 Prohibited noxious weed seed.—Seeds meeting the
2896 definition of prohibited noxious weed seed under s. 578.011, may
2897 not be present in agricultural, vegetable, flower, tree, or
2898 shrub seed offered or exposed for sale in this state.
2899 Section 55. Subsection (1) of section 590.02, Florida
2900 Statutes, is amended to read:
2901 590.02 Florida Forest Service; powers, authority, and
2902 duties; liability; building structures; Withlacoochee Training
2904 (1) The Florida Forest Service has the following powers,
2905 authority, and duties to:
2906 (a) To Enforce the provisions of this chapter;
2907 (b) To Prevent, detect, and suppress wildfires wherever
2908 they may occur on public or private land in this state and to do
2909 all things necessary in the exercise of such powers, authority,
2910 and duties;
2911 (c) To Provide firefighting crews, who shall be under the
2912 control and direction of the Florida Forest Service and its
2913 designated agents;
2914 (d) To Appoint center managers, forest area supervisors,
2915 forestry program administrators, a forest protection bureau
2916 chief, a forest protection assistant bureau chief, a field
2917 operations bureau chief, deputy chiefs of field operations,
2918 district managers, forest operations administrators, senior
2919 forest rangers, investigators, forest rangers, firefighter
2920 rotorcraft pilots, and other employees who may, at the Florida
2921 Forest Service’s discretion, be certified as forestry
2922 firefighters pursuant to s. 633.408(8). Other law
2923 notwithstanding, center managers, district managers, forest
2924 protection assistant bureau chief, and deputy chiefs of field
2925 operations have shall have Selected Exempt Service status in the
2926 state personnel designation;
2927 (e) To Develop a training curriculum for forestry
2928 firefighters which must contain the basic volunteer structural
2929 fire training course approved by the Florida State Fire College
2930 of the Division of State Fire Marshal and a minimum of 250 hours
2931 of wildfire training;
2932 (f) Pay the cost of the initial commercial driver license
2933 examination fee for those employees whose position requires them
2934 to operate equipment requiring a license. This paragraph is
2935 intended to be an authorization to the department to pay such
2936 costs, not an obligation To make rules to accomplish the
2937 purposes of this chapter;
2938 (g) To Provide fire management services and emergency
2939 response assistance and to set and charge reasonable fees for
2940 performance of those services. Moneys collected from such fees
2941 shall be deposited into the Incidental Trust Fund of the Florida
2942 Forest Service;
2943 (h) To Require all state, regional, and local government
2944 agencies operating aircraft in the vicinity of an ongoing
2945 wildfire to operate in compliance with the applicable state
2946 Wildfire Aviation Plan; and
2947 (i) To Authorize broadcast burning, prescribed burning,
2948 pile burning, and land clearing debris burning to carry out the
2949 duties of this chapter and the rules adopted thereunder; and
2950 (j) Make rules to accomplish the purposes of this chapter.
2951 Section 56. Section 817.417, Florida Statutes, is created
2952 to read:
2953 817.417 Government Impostor and Deceptive Advertisement
2955 (1) SHORT TITLE.—This act may be cited as the “Government
2956 Impostor and Deceptive Advertisements Act.”
2957 (2) DEFINITIONS.—As used in this section:
2958 (a) “Advertisement” means any representation disseminated
2959 in any manner or by any means, other than by a label, for the
2960 purpose of inducing, or which is reasonably likely to induce,
2961 directly or indirectly, a purchase.
2962 (b) “Department” means the Department of Agriculture and
2963 Consumer Services.
2964 (c) “Governmental entity” means a political subdivision or
2965 agency of any state, possession, or territory of the United
2966 States, or the Federal Government, including, but not limited
2967 to, a board, a department, an office, an agency, a military
2968 veteran entity, or a military or veteran service organization by
2969 whatever name known.
2970 (3) DUTIES AND RESPONSIBILITIES.—The department has the
2971 duty and responsibility to:
2972 (a) Investigate potential violations of this section.
2973 (b) Request and obtain information regarding potential
2974 violations of this section.
2975 (c) Seek compliance with this section.
2976 (d) Enforce this section.
2977 (e) Adopt rules necessary to administer this section.
2978 (4) VIOLATIONS.—Each occurrence of the following acts or
2979 practices constitute a violation of this section:
2980 (a) Disseminating an advertisement that:
2981 1. Simulates a summons, complaint, jury notice, or other
2982 court, judicial, or administrative process of any kind.
2983 2. Represents, implies, or otherwise engages in an action
2984 that may reasonably cause confusion that the person using or
2985 employing the advertisement is a part of or associated with a
2986 governmental entity, when such is not true.
2987 (b) Representing, implying, or otherwise reasonably causing
2988 confusion that goods, services, an advertisement, or an offer
2989 was disseminated by or has been approved, authorized, or
2990 endorsed, in whole or in part, by a governmental entity, when
2991 such is not true.
2992 (c) Using or employing language, symbols, logos,
2993 representations, statements, titles, names, seals, emblems,
2994 insignia, trade or brand names, business or control tracking
2995 numbers, website or e-mail addresses, or any other term, symbol,
2996 or other content that represents or implies or otherwise
2997 reasonably causes confusion that goods, services, an
2998 advertisement, or an offer is from a governmental entity, when
2999 such is not true.
3000 (d) Failing to provide the disclosures as required in
3001 subsections (5) or (6).
3002 (e) Failing to timely submit to the department written
3003 responses and answers to its inquiries concerning alleged
3004 practices inconsistent with, or in violation of, this section.
3005 Responses or answers may include, but are not limited to, copies
3006 of customer lists, invoices, receipts, or other business
3008 (5) NOTICE REGARDING DOCUMENT AVAILABILITY.—
3009 (a) Any person offering documents that are available free
3010 of charge or at a lesser price from a governmental entity must
3011 provide the notice specified in paragraph (b) on advertisements
3012 as follows:
3013 1. For printed or written advertisements, notice must be in
3014 the same font size, color, style, and visibility as primarily
3015 used elsewhere on the page or envelope and displayed as follows:
3016 a. On the outside front of any mailing envelope used in
3017 disseminating the advertisement.
3018 b. At the top of each printed or written page used in the
3020 2. For electronic advertisements, notice must be in the
3021 same font size, color, style, and visibility as the body text
3022 primarily used in the e-mail or web page and displayed as
3024 a. At the beginning of each e-mail message, before any
3025 offer or other substantive information.
3026 b. In a prominent location on each web page, such as the
3027 top of each page or immediately following the offer or other
3028 substantive information on the page.
3029 (b) Advertisements specified in paragraph (a) must include
3030 the following disclosure:
3032 “IMPORTANT NOTICE:
3034 The documents offered by this advertisement are available to
3035 Florida consumers free of charge or for a lesser price from
3036 ...(insert name, telephone number, and mailing address of the
3037 applicable governmental entity).... You are NOT required to
3038 purchase anything from this company and the company is NOT
3039 affiliated, endorsed, or approved by any governmental entity.
3040 The item offered in this advertisement has NOT been approved or
3041 endorsed by any governmental agency, and this offer is NOT being
3042 made by an agency of the government.”
3044 (6) NOTICE REGARDING CLAIM OF LEGAL COMPLIANCE.—
3045 (a) Any person disseminating an advertisement that includes
3046 a form or template to be completed by the consumer with the
3047 claim that such form or template will assist the consumer in
3048 complying with a legal filing or record retention requirement
3049 must provide the notice specified in paragraph (b) on
3050 advertisements as follows:
3051 1. For printed or written advertisements, the notice must
3052 be in the same font size, color, style, and visibility as
3053 primarily used elsewhere on the page or envelope and displayed
3054 as follows:
3055 a. On the outside front of any mailing envelope used in
3056 disseminating the advertisement.
3057 b. At the top of each printed or written page used in the
3059 2. For electronic advertisements, the notice must be in the
3060 same font size, color, style, and visibility as the body text
3061 primarily used in the e-mail or web page and displayed as
3063 a. At the beginning of each e-mail message, before any
3064 offer or other substantive information.
3065 b. In a prominent location on each web page, such as the
3066 top of each page or immediately following the offer or other
3067 substantive information on the page.
3068 (b) Advertisements specified in paragraph (a) must include
3069 the following disclosure:
3071 “IMPORTANT NOTICE:
3073 You are NOT required to purchase anything from this company and
3074 the company is NOT affiliated, endorsed, or approved by any
3075 governmental entity. The item offered in this advertisement has
3076 NOT been approved or endorsed by any governmental agency, and
3077 this offer is NOT being made by an agency of the government.”
3079 (7) PENALTIES.—
3080 (a) Any person substantially affected by a violation of
3081 this section may bring an action in a court of proper
3082 jurisdiction to enforce the provisions of this section. A person
3083 prevailing in a civil action for a violation of this section
3084 shall be awarded costs, including reasonable attorney fees, and
3085 may be awarded punitive damages in addition to actual damages
3086 proven. This provision is in addition to any other remedies
3087 prescribed by law.
3088 (b) The department may bring one or more of the following
3089 for a violation of this section:
3090 1. A civil action in circuit court for:
3091 a. Temporary or permanent injunctive relief to enforce this
3093 b. For printed advertisements and e-mail, a fine of up to
3094 $1,000 for each separately addressed advertisement or message
3095 containing content in violation of paragraphs (4)(a)-(d)
3096 received by or addressed to a state resident.
3097 c. For websites, a fine of up to $5,000 for each day a
3098 website, with content in violation of paragraphs (4)(a)-(d), is
3099 published and made available to the general public.
3100 d. For violations of paragraph (4)(e), a fine of up to
3101 $5,000 for each violation.
3102 e. Recovery of restitution and damages on behalf of persons
3103 substantially affected by a violation of this section.
3104 f. The recovery of court costs and reasonable attorney
3106 2. An action for an administrative fine in the Class III
3107 category pursuant to s. 570.971 for each act or omission which
3108 constitutes a violation under this section.
3109 (c) The department may terminate any investigation or
3110 action upon agreement by the alleged offender to pay a
3111 stipulated fine, make restitution, pay damages to customers, or
3112 satisfy any other relief authorized by this section.
3113 (d) In addition to any remedies or penalties set forth in
3114 this section, any person who violates paragraphs (4) (a)-(d)
3115 also commits an unfair or deceptive trade practice in violation
3116 of part II of chapter 501 and is subject to the penalties and
3117 remedies imposed for such violation.
3118 Section 57. Paragraph (m) of subsection (3) of section
3119 489.105, Florida Statutes, is amended to read:
3120 489.105 Definitions.—As used in this part:
3121 (3) “Contractor” means the person who is qualified for, and
3122 is only responsible for, the project contracted for and means,
3123 except as exempted in this part, the person who, for
3124 compensation, undertakes to, submits a bid to, or does himself
3125 or herself or by others construct, repair, alter, remodel, add
3126 to, demolish, subtract from, or improve any building or
3127 structure, including related improvements to real estate, for
3128 others or for resale to others; and whose job scope is
3129 substantially similar to the job scope described in one of the
3130 paragraphs of this subsection. For the purposes of regulation
3131 under this part, the term “demolish” applies only to demolition
3132 of steel tanks more than 50 feet in height; towers more than 50
3133 feet in height; other structures more than 50 feet in height;
3134 and all buildings or residences. Contractors are subdivided into
3135 two divisions, Division I, consisting of those contractors
3136 defined in paragraphs (a)-(c), and Division II, consisting of
3137 those contractors defined in paragraphs (d)-(q):
3138 (m) “Plumbing contractor” means a contractor whose services
3139 are unlimited in the plumbing trade and includes contracting
3140 business consisting of the execution of contracts requiring the
3141 experience, financial means, knowledge, and skill to install,
3142 maintain, repair, alter, extend, or, if not prohibited by law,
3143 design plumbing. A plumbing contractor may install, maintain,
3144 repair, alter, extend, or, if not prohibited by law, design the
3145 following without obtaining an additional local regulatory
3146 license, certificate, or registration: sanitary drainage or
3147 storm drainage facilities, water and sewer plants and
3148 substations, venting systems, public or private water supply
3149 systems, septic tanks, drainage and supply wells, swimming pool
3150 piping, irrigation systems, and solar heating water systems and
3151 all appurtenances, apparatus, or equipment used in connection
3152 therewith, including boilers and pressure process piping and
3153 including the installation of water, natural gas, liquefied
3154 petroleum gas and related venting, and storm and sanitary sewer
3155 lines. The scope of work of the plumbing contractor also
3156 includes the design, if not prohibited by law, and installation,
3157 maintenance, repair, alteration, or extension of air-piping,
3158 vacuum line piping, oxygen line piping, nitrous oxide piping,
3159 and all related medical gas systems; fire line standpipes and
3160 fire sprinklers if authorized by law; ink and chemical lines;
3161 fuel oil and gasoline piping and tank and pump installation,
3162 except bulk storage plants; and pneumatic control piping
3163 systems, all in a manner that complies with all plans,
3164 specifications, codes, laws, and regulations applicable. The
3165 scope of work of the plumbing contractor applies to private
3166 property and public property, including any excavation work
3167 incidental thereto, and includes the work of the specialty
3168 plumbing contractor. Such contractor shall subcontract, with a
3169 qualified contractor in the field concerned, all other work
3170 incidental to the work but which is specified as being the work
3171 of a trade other than that of a plumbing contractor. This
3172 definition does not limit the scope of work of any specialty
3173 contractor certified pursuant to s. 489.113(6) and does not
3174 require certification or registration under this part as a
3175 category I liquefied petroleum gas dealer, or category V LP gas
3176 installer, as defined in s. 527.01, or specialty installer who
3177 is licensed under chapter 527 or an authorized employee of a
3178 public natural gas utility or of a private natural gas utility
3179 regulated by the Public Service Commission when disconnecting
3180 and reconnecting water lines in the servicing or replacement of
3181 an existing water heater. A plumbing contractor may perform
3182 drain cleaning and clearing and install or repair rainwater
3183 catchment systems; however, a mandatory licensing requirement is
3184 not established for the performance of these specific services.
3185 Section 58. Subsection (3) of section 527.06, Florida
3186 Statutes, is reenacted to read:
3187 527.06 Rules.—
3188 (3) Rules in substantial conformity with the published
3189 standards of the National Fire Protection Association (NFPA) are
3190 deemed to be in substantial conformity with the generally
3191 accepted standards of safety concerning the same subject matter.
3192 Section 59. This act shall take effect July 1, 2018.