Florida Senate - 2023                             CS for SB 1150
       
       
        
       By the Appropriations Committee on Agriculture, Environment, and
       General Government; and Senators Ingoglia and Hutson
       
       
       
       
       601-03768-23                                          20231150c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending s. 493.6105, F.S.; making
    4         a technical change; revising requirements for
    5         applicants for a Class “K” license; amending s.
    6         493.6113, F.S.; revising the circumstances under which
    7         the Department of Agriculture and Consumer Affairs may
    8         waive firearms training requirements; revising
    9         requirements for applicants for a Class “K” license;
   10         requiring the Division of Licensing of the department
   11         to establish a specified late fee by rule; amending s.
   12         493.6123, F.S.; authorizing the department to publish
   13         certain information online in lieu of using a paper
   14         format; amending ss. 493.6304 and 493.6406, F.S.;
   15         making technical changes; amending s. 496.405, F.S.;
   16         revising requirements relating to registration fees
   17         for certain charitable organizations, sponsors, and
   18         parent organizations; amending s. 496.406, F.S.;
   19         conforming provisions to changes made by the act;
   20         amending s. 527.01, F.S.; revising the definitions of
   21         the terms “Category I liquefied petroleum gas dealer”
   22         and “Category V LP gas installer”; creating s.
   23         812.0151, F.S.; defining the term “fuel”; providing
   24         criminal penalties for certain actions relating to
   25         retail fuel theft; requiring law enforcement agencies
   26         to remove and reclaim, recycle, or dispose of fuel in
   27         a specified manner; requiring judges to enter a
   28         specified order for persons convicted of violating
   29         specified provisions; specifying that convicted
   30         persons are responsible for certain costs and
   31         payments; reenacting ss. 366.032(1)(e) and
   32         489.105(3)(m), F.S., relating to preemption over
   33         utility service restrictions and definitions,
   34         respectively, to incorporate the amendments made by
   35         this act to s. 527.01, F.S., in references thereto;
   36         providing an effective date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Subsection (2) and paragraph (a) of subsection
   41  (6) of section 493.6105, Florida Statutes, are amended to read:
   42         493.6105 Initial application for license.—
   43         (2) Each application must be signed and verified by the
   44  applicant individual under oath as provided in s. 92.525.
   45         (6) In addition to the requirements under subsection (3),
   46  an applicant for a Class “K” license must:
   47         (a) Submit one of the following:
   48         1. The Florida Criminal Justice Standards and Training
   49  Commission Instructor Certificate and written confirmation by
   50  the commission that the applicant possesses an active firearms
   51  certification.
   52         2. A valid National Rifle Association Private Security
   53  Firearm Instructor Certificate issued not more than 3 years
   54  before the submission of the applicant’s Class “K” application.
   55         3. A valid firearms instructor certificate issued by a
   56  federal law enforcement agency issued not more than 3 years
   57  before the submission of the applicant’s Class “K” application.
   58         4.A valid DD Form 214 issued not more than 3 years before
   59  the submission of the applicant’s Class “K” application,
   60  indicating that the applicant has been honorably discharged and
   61  served no less than 3 years in the military as a firearms
   62  instructor.
   63         Section 2. Paragraphs (b) and (d) of subsection (3) and
   64  subsection (4) of section 493.6113, Florida Statutes, are
   65  amended to read:
   66         493.6113 Renewal application for licensure.—
   67         (3) Each licensee is responsible for renewing his or her
   68  license on or before its expiration by filing with the
   69  department an application for renewal accompanied by payment of
   70  the renewal fee and the fingerprint retention fee to cover the
   71  cost of ongoing retention in the statewide automated biometric
   72  identification system established in s. 943.05(2)(b). Upon the
   73  first renewal of a license issued under this chapter before
   74  January 1, 2017, the licensee shall submit a full set of
   75  fingerprints and fingerprint processing fees to cover the cost
   76  of entering the fingerprints into the statewide automated
   77  biometric identification system pursuant to s. 493.6108(4)(a)
   78  and the cost of enrollment in the Federal Bureau of
   79  Investigation’s national retained print arrest notification
   80  program. Subsequent renewals may be completed without submission
   81  of a new set of fingerprints.
   82         (b) Each Class “G” licensee shall additionally submit proof
   83  that he or she has received during each year of the license
   84  period a minimum of 4 hours of firearms requalification training
   85  taught by a Class “K” licensee and has complied with such other
   86  health and training requirements that the department shall adopt
   87  by rule. Proof of completion of firearms requalification
   88  training shall be submitted to the department upon completion of
   89  the training. A Class “G” licensee must successfully complete
   90  this requalification training for each type and caliber of
   91  firearm carried in the course of performing his or her regulated
   92  duties. If the licensee fails to complete the required 4 hours
   93  of annual training during the first year of the 2-year term of
   94  the license, the license shall be automatically suspended. The
   95  licensee must complete the minimum number of hours of range and
   96  classroom training required at the time of initial licensure and
   97  submit proof of completion of such training to the department
   98  before the license may be reinstated. If the licensee fails to
   99  complete the required 4 hours of annual training during the
  100  second year of the 2-year term of the license, the licensee must
  101  complete the minimum number of hours of range and classroom
  102  training required at the time of initial licensure and submit
  103  proof of completion of such training to the department before
  104  the license may be renewed. The department may waive the
  105  firearms training requirement if:
  106         1. The applicant provides proof that he or she is currently
  107  certified as a law enforcement officer or correctional officer
  108  under the Criminal Justice Standards and Training Commission and
  109  has completed law enforcement firearms requalification training
  110  annually during the previous 2 years of the licensure period;
  111         2. The applicant provides proof that he or she is currently
  112  certified as a federal law enforcement officer and has received
  113  law enforcement firearms training administered by a federal law
  114  enforcement agency annually during the previous 2 years of the
  115  licensure period; or
  116         3. The applicant submits a valid firearm certificate among
  117  those specified in s. 493.6105(6)(a) and provides proof of
  118  having completed requalification training during the previous 2
  119  years of the licensure period; or
  120         4.The applicant provides proof that he or she has
  121  completed annual firearms training in accordance with the
  122  requirements of the federal Law Enforcement Officers Safety Act
  123  under 18 U.S.C. ss. 926B-926C.
  124         (d) Each Class “K” licensee shall additionally submit:
  125         1. One of the certificates specified under s. 493.6105(6)
  126  as proof that he or she remains certified to provide firearms
  127  instruction; or
  128         2.Proof of having taught at least six 28-hour firearms
  129  instruction courses to Class “G” applicants during the previous
  130  3-year license period.
  131         (4) A licensee who fails to file a renewal application on
  132  or before its expiration must renew his or her license by
  133  fulfilling the applicable requirements of subsection (3) and may
  134  be required to pay by paying a late fee equal to the amount of
  135  the license fee. The division shall establish the amount of the
  136  late fee authorized under this subsection by rule; however, such
  137  late fee may not exceed the amount of the license fee.
  138         Section 3. Subsection (3) is added to section 493.6123,
  139  Florida Statutes, to read:
  140         493.6123 Publication to industry.—
  141         (3) The department may publish all information required by
  142  this section online in lieu of using a paper format.
  143         Section 4. Subsection (2) of section 493.6304, Florida
  144  Statutes, is amended to read:
  145         493.6304 Security officer school or training facility.—
  146         (2) The application must shall be signed and verified by
  147  the applicant under oath as provided in s. 92.525 and must
  148  contain, at a minimum, the following information:
  149         (a) The name and address of the school or training facility
  150  and, if the applicant is an individual, her or his name,
  151  address, and social security or alien registration number.
  152         (b) The street address of the place at which the training
  153  is to be conducted.
  154         (c) A copy of the training curriculum and final examination
  155  to be administered.
  156         Section 5. Subsection (2) of section 493.6406, Florida
  157  Statutes, is amended to read:
  158         493.6406 Recovery agent school or training facility.—
  159         (2) The application must be signed and verified by the
  160  applicant under oath as provided in s. 92.525 and must shall
  161  contain, at a minimum, the following information:
  162         (a) The name and address of the school or training facility
  163  and, if the applicant is an individual, his or her name,
  164  address, and social security or alien registration number.
  165         (b) The street address of the place at which the training
  166  is to be conducted or the street address of the Class “RS”
  167  school offering Internet-based or correspondence training.
  168         (c) A copy of the training curriculum and final examination
  169  to be administered.
  170         Section 6. Paragraph (a) of subsection (4) of section
  171  496.405, Florida Statutes, is amended to read:
  172         496.405 Registration statements by charitable organizations
  173  and sponsors.—
  174         (4)(a) Every charitable organization, sponsor, or parent
  175  organization filing on behalf of one or more chapters, branches,
  176  or affiliates that is required to register under this section
  177  must pay a single registration fee. A parent organization filing
  178  on behalf of one or more chapters, branches, or affiliates shall
  179  total all contributions received by the chapters, branches, or
  180  affiliates included in the registration statement to determine
  181  registration fees. Fees shall be assessed as follows:
  182         1.a. Ten dollars, if the contributions received for the
  183  last fiscal or calendar year were less than $5,000; or
  184         b. Ten dollars, if the contributions actually raised or
  185  received from the public during the immediately preceding fiscal
  186  year by such organization or sponsor are no more than $50,000
  187  $25,000 and the fundraising activities of such organization or
  188  sponsor are carried on by volunteers, members, officers, or
  189  permanent employees, who are not compensated, primarily to
  190  solicit such contributions, provided no part of the assets or
  191  income of such organization or sponsor inures to the benefit of
  192  or is paid to any officer or member of such organization or
  193  sponsor or to any professional fundraising consultant,
  194  professional solicitor, or commercial co-venturer;
  195         2. Seventy-five dollars, if the contributions received for
  196  the last fiscal year were $5,000 or more, but less than
  197  $100,000;
  198         3. One hundred twenty-five dollars, if the contributions
  199  received for the last fiscal year were $100,000 or more, but
  200  less than $200,000;
  201         4. Two hundred dollars, if the contributions received for
  202  the last fiscal year were $200,000 or more, but less than
  203  $500,000;
  204         5. Three hundred dollars, if the contributions received for
  205  the last fiscal year were $500,000 or more, but less than $1
  206  million;
  207         6. Three hundred fifty dollars, if the contributions
  208  received for the last fiscal year were $1 million or more, but
  209  less than $10 million;
  210         7. Four hundred dollars, if the contributions received for
  211  the last fiscal year were $10 million or more.
  212         Section 7. Paragraph (d) of subsection (1) of section
  213  496.406, Florida Statutes, is amended to read:
  214         496.406 Exemption from registration.—
  215         (1) The following charitable organizations and sponsors are
  216  exempt from the requirements of s. 496.405:
  217         (d) A charitable organization or sponsor that has less than
  218  $50,000 $25,000 in total revenue during a fiscal year if the
  219  fundraising activities of such organization or sponsor are
  220  carried on by volunteers, members, or officers who are not
  221  compensated and no part of the assets or income of such
  222  organization or sponsor inures to the benefit of or is paid to
  223  any officer or member of such organization or sponsor or to any
  224  professional fundraising consultant, professional solicitor, or
  225  commercial co-venturer. If a charitable organization or sponsor
  226  that has less than $50,000 $25,000 in total revenue during a
  227  fiscal year actually acquires total revenue equal to or in
  228  excess of $50,000 $25,000, the charitable organization or
  229  sponsor must register with the department as required by s.
  230  496.405 within 30 days after the date the revenue reaches
  231  $50,000 $25,000.
  232         Section 8. Subsections (6) and (10) of section 527.01,
  233  Florida Statutes, are amended to read:
  234         527.01 Definitions.—As used in this chapter:
  235         (6) “Category I liquefied petroleum gas dealer” means any
  236  person selling or offering to sell by delivery or at a
  237  stationary location any liquefied petroleum gas to the consumer
  238  for industrial, commercial, or domestic use; any person leasing
  239  or offering to lease, or exchanging or offering to exchange, any
  240  apparatus, appliances, and equipment for the use of liquefied
  241  petroleum gas; any person designing, installing, servicing,
  242  altering, or modifying apparatus, piping, tubing, appliances,
  243  and equipment for the use of liquefied petroleum or natural gas;
  244  any person installing carburetion equipment; or any person
  245  requalifying cylinders.
  246         (10) “Category V LP gas installer” means any person who is
  247  engaged in the liquefied petroleum gas business and whose
  248  services include the design, installation, servicing, altering,
  249  or modifying of apparatus, piping, tubing, tanks, and equipment
  250  for the use of liquefied petroleum or natural gas and selling or
  251  offering to sell, or leasing or offering to lease, apparatus,
  252  appliances, and equipment for the use of liquefied petroleum or
  253  natural gas.
  254         Section 9. Section 812.0151, Florida Statutes, is created
  255  to read:
  256         812.0151Retail fuel theft.—
  257         (1)As used in this section, the term fuel” has the same
  258  meaning as in s. 163.3206(2).
  259         (2)(a)A person commits a felony of the third degree,
  260  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  261  if he or she willfully, knowingly, and without authorization:
  262         1.Breaches a retail fuel dispenser or accesses any
  263  internal portion of a retail fuel dispenser; or
  264         2.Possesses any device constructed for the purpose of
  265  fraudulently altering, manipulating, or interrupting the normal
  266  functioning of a retail fuel dispenser.
  267         (b)A person commits a felony of the second degree,
  268  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  269  if he or she willfully, knowingly, and without authorization:
  270         1.Physically tampers with, manipulates, removes, replaces,
  271  or interrupts any mechanical or electronic component located
  272  within the internal portion of a retail fuel dispenser; or
  273         2.Uses any form of electronic communication to
  274  fraudulently alter, manipulate, or interrupt the normal
  275  functioning of a retail fuel dispenser.
  276         (c)A person commits a felony of the third degree,
  277  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  278  if he or she:
  279         1.Obtains fuel as a result of violating paragraph (a) or
  280  paragraph (b); or
  281         2.Modifies a vehicle’s factory-installed fuel tank or
  282  possesses any item used to hold fuel which was not fitted to a
  283  vehicle or conveyance at the time of manufacture with the intent
  284  to use such fuel tank or item to hold or transport fuel obtained
  285  as a result of violating paragraph (a) or paragraph (b).
  286         (3)Any person who aids, abets, or assists a person in
  287  committing a violation of this section commits a felony of the
  288  third degree, punishable as provided in s. 775.082, s. 775.083,
  289  or s. 775.084.
  290         (4)Any conveyances, vehicles, fuel tanks, and other
  291  equipment used or intended to be used in a violation of this
  292  section, and any fuel acquired in a violation of this section,
  293  are subject to seizure and forfeiture as provided by the Florida
  294  Contraband Forfeiture Act.
  295         (5)A law enforcement agency that seizes fuel under this
  296  section must remove and reclaim, recycle, or dispose of all the
  297  fuel as soon as practicable in a safe and proper manner.
  298         (6)Upon conviction of a person arrested for a violation of
  299  this section, the judge must issue an order adjudging and
  300  declaring that all conveyances, vehicles, fuel tanks, and other
  301  equipment used or intended to be used in a violation of this
  302  section are forfeited and directing their destruction, with the
  303  exception of the conveyance or vehicle.
  304         (7)Any person convicted of a violation of this section is
  305  responsible for both of the following:
  306         (a)All reasonable costs incurred by the investigating law
  307  enforcement agency, including, but not limited to, the costs for
  308  the towing and storage of the conveyance or vehicle, the removal
  309  and disposal of the fuel, and the storage and destruction of all
  310  fuel tanks and other equipment described and used or intended to
  311  be used in a violation of this section.
  312         (b)Payment, to the party from whom it was fraudulently
  313  obtained, for the retail value of any associated fuel at the
  314  time of the underlying act.
  315         Section 10. For the purpose of incorporating the amendments
  316  made by this act to section 527.01, Florida Statutes, in a
  317  reference thereto, paragraph (e) of subsection (1) of section
  318  366.032, Florida Statutes, is reenacted to read:
  319         366.032 Preemption over utility service restrictions.—
  320         (1) A municipality, county, special district, or other
  321  political subdivision of the state may not enact or enforce a
  322  resolution, ordinance, rule, code, or policy or take any action
  323  that restricts or prohibits or has the effect of restricting or
  324  prohibiting the types or fuel sources of energy production which
  325  may be used, delivered, converted, or supplied by the following
  326  entities to serve customers that such entities are authorized to
  327  serve:
  328         (e) A Category I liquefied petroleum gas dealer or Category
  329  II liquefied petroleum gas dispenser or Category III liquefied
  330  petroleum gas cylinder exchange operator as defined in s.
  331  527.01.
  332         Section 11. For the purpose of incorporating the amendments
  333  made by this act to section 527.01, Florida Statutes, in a
  334  reference thereto, paragraph (m) of subsection (3) of section
  335  489.105, Florida Statutes, is reenacted to read:
  336         489.105 Definitions.—As used in this part:
  337         (3) “Contractor” means the person who is qualified for, and
  338  is only responsible for, the project contracted for and means,
  339  except as exempted in this part, the person who, for
  340  compensation, undertakes to, submits a bid to, or does himself
  341  or herself or by others construct, repair, alter, remodel, add
  342  to, demolish, subtract from, or improve any building or
  343  structure, including related improvements to real estate, for
  344  others or for resale to others; and whose job scope is
  345  substantially similar to the job scope described in one of the
  346  paragraphs of this subsection. For the purposes of regulation
  347  under this part, the term “demolish” applies only to demolition
  348  of steel tanks more than 50 feet in height; towers more than 50
  349  feet in height; other structures more than 50 feet in height;
  350  and all buildings or residences. Contractors are subdivided into
  351  two divisions, Division I, consisting of those contractors
  352  defined in paragraphs (a)-(c), and Division II, consisting of
  353  those contractors defined in paragraphs (d)-(q):
  354         (m) “Plumbing contractor” means a contractor whose services
  355  are unlimited in the plumbing trade and includes contracting
  356  business consisting of the execution of contracts requiring the
  357  experience, financial means, knowledge, and skill to install,
  358  maintain, repair, alter, extend, or, if not prohibited by law,
  359  design plumbing. A plumbing contractor may install, maintain,
  360  repair, alter, extend, or, if not prohibited by law, design the
  361  following without obtaining an additional local regulatory
  362  license, certificate, or registration: sanitary drainage or
  363  storm drainage facilities, water and sewer plants and
  364  substations, venting systems, public or private water supply
  365  systems, septic tanks, drainage and supply wells, swimming pool
  366  piping, irrigation systems, and solar heating water systems and
  367  all appurtenances, apparatus, or equipment used in connection
  368  therewith, including boilers and pressure process piping and
  369  including the installation of water, natural gas, liquefied
  370  petroleum gas and related venting, and storm and sanitary sewer
  371  lines. The scope of work of the plumbing contractor also
  372  includes the design, if not prohibited by law, and installation,
  373  maintenance, repair, alteration, or extension of air-piping,
  374  vacuum line piping, oxygen line piping, nitrous oxide piping,
  375  and all related medical gas systems; fire line standpipes and
  376  fire sprinklers if authorized by law; ink and chemical lines;
  377  fuel oil and gasoline piping and tank and pump installation,
  378  except bulk storage plants; and pneumatic control piping
  379  systems, all in a manner that complies with all plans,
  380  specifications, codes, laws, and regulations applicable. The
  381  scope of work of the plumbing contractor applies to private
  382  property and public property, including any excavation work
  383  incidental thereto, and includes the work of the specialty
  384  plumbing contractor. Such contractor shall subcontract, with a
  385  qualified contractor in the field concerned, all other work
  386  incidental to the work but which is specified as being the work
  387  of a trade other than that of a plumbing contractor. This
  388  definition does not limit the scope of work of any specialty
  389  contractor certified pursuant to s. 489.113(6) and does not
  390  require certification or registration under this part as a
  391  category I liquefied petroleum gas dealer, or category V LP gas
  392  installer, as defined in s. 527.01, who is licensed under
  393  chapter 527 or an authorized employee of a public natural gas
  394  utility or of a private natural gas utility regulated by the
  395  Public Service Commission when disconnecting and reconnecting
  396  water lines in the servicing or replacement of an existing water
  397  heater. A plumbing contractor may perform drain cleaning and
  398  clearing and install or repair rainwater catchment systems;
  399  however, a mandatory licensing requirement is not established
  400  for the performance of these specific services.
  401         Section 12. This act shall take effect July 1, 2023.