Florida Senate - 2018                              CS for SB 740
       
       
        
       By the Committee on Agriculture; and Senator Stargel
       
       
       
       
       
       575-02009-18                                           2018740c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending s. 193.461, F.S.;
    4         specifying a methodology for the assessment of certain
    5         structures in citrus production; amending s. 379.361,
    6         F.S.; transferring authority to issue licenses for
    7         oyster harvesting in Apalachicola Bay from the
    8         department to the City of Apalachicola; revising the
    9         disposition and permitted uses of license proceeds;
   10         amending s. 487.041, F.S.; deleting obsolete
   11         provisions; deleting a requirement that all pesticide
   12         registration fees be submitted electronically;
   13         amending s. 493.6105, F.S.; revising the submission
   14         requirements for a Class “K” firearm license
   15         application; amending s. 493.6113, F.S.; revising
   16         submission requirements for a Class “K” firearm
   17         license renewal; amending s. 496.415, F.S.;
   18         prohibiting the comingling of funds in connection with
   19         the planning, conduct, or execution of any
   20         solicitation or charitable or sponsor sales promotion;
   21         amending s. 496.418, F.S.; revising recordkeeping and
   22         accounting requirements for solicitations of funds;
   23         amending s. 500.459, F.S.; revising permitting
   24         requirements and operating standards for water vending
   25         machines; amending s. 501.059, F.S.; revising the term
   26         “telephonic sales call”; prohibiting telephone
   27         solicitors from initiating certain contact with
   28         businesses who previously communicated that they did
   29         not wish to be so contacted; creating s. 501.6175,
   30         F.S.; specifying recordkeeping requirements for
   31         commercial telephone sellers; amending s. 501.912,
   32         F.S.; revising terms; amending s. 501.913, F.S.;
   33         authorizing antifreeze brands to be registered for a
   34         specified period; deleting a provision relating to the
   35         registration of brands that are no longer in
   36         production; specifying a certified report requirement
   37         for first-time applications; amending s. 501.917,
   38         F.S.; revising department sampling and analysis
   39         requirements for antifreeze; specifying that the
   40         certificate of analysis is prima facie evidence of the
   41         facts stated therein; amending s. 501.92, F.S.;
   42         revising when the department may require an antifreeze
   43         formula for analysis; amending s. 525.07, F.S.;
   44         authorizing the department to seize skimming devices
   45         without a warrant; amending s. 526.51, F.S.; revising
   46         application requirements and fees for brake fluid
   47         brands; deleting a provision relating to the
   48         registration of brands that are no longer in
   49         production; amending s. 526.53, F.S.; revising
   50         department sampling and analysis requirements for
   51         brake fluid; specifying that the certificate of
   52         analysis is prima facie evidence of the facts stated
   53         therein; amending s. 527.01, F.S.; revising terms;
   54         amending s. 527.02, F.S.; revising the persons subject
   55         to liquefied petroleum business licensing provisions;
   56         revising such licensing fees and requirements;
   57         revising reporting and fee requirements for certain
   58         material changes to license information; deleting a
   59         provision authorizing license transfers; amending s.
   60         527.0201, F.S.; revising the persons subject to
   61         liquefied petroleum qualifier competency examination,
   62         registry, supervisory, and employment requirements;
   63         revising the expiration of qualifier registrations;
   64         revising the persons subject to master qualifier
   65         requirements; revising master qualifier application
   66         requirements; deleting provisions specifying that a
   67         failure to replace master qualifiers within certain
   68         periods constitutes grounds for license revocation;
   69         deleting a provision relating to facsimile
   70         transmission of duplicate licenses; amending s.
   71         527.021, F.S.; revising the circumstances under which
   72         liquefied petroleum gas bulk delivery vehicles must be
   73         registered with the department; amending s. 527.03,
   74         F.S.; authorizing certain liquefied petroleum gas
   75         registrations to be renewed for 2 or 3 years; deleting
   76         certain renewal period requirements; amending s.
   77         527.04, F.S.; revising the persons required to provide
   78         the department with proof of insurance; revising the
   79         required payee for a bond in lieu of such insurance;
   80         amending s. 527.0605, F.S.; deleting provisions
   81         requiring licensees to submit a site plan and review
   82         fee for liquefied petroleum bulk storage container
   83         locations; amending s. 527.065, F.S.; revising the
   84         circumstances under which a liquefied petroleum gas
   85         licensee must notify the department of an accident;
   86         amending ss. 527.10 and 527.21, F.S.; conforming
   87         provisions to changes made by the act; amending s.
   88         527.22, F.S.; deleting an obsolete provision; amending
   89         s. 531.67, F.S.; extending the expiration date of
   90         certain provisions relating to permits for
   91         commercially operated or tested weights or measures
   92         instruments or devices; amending s. 570.07, F.S.;
   93         authorizing the department to waive certain fees
   94         during a state of emergency; amending s. 573.111,
   95         F.S.; revising the required posting location for the
   96         issuance of an agricultural commodity marketing order;
   97         amending s. 578.011, F.S.; revising and defining
   98         terms; creating s. 578.012, F.S.; providing
   99         legislative intent; creating a preemption of local law
  100         relating to regulation of seed; amending s. 578.08,
  101         F.S.; revising application requirements for the
  102         registration of seed dealers; conforming provisions to
  103         changes made by the act; specifying that a receipt
  104         from the department need not be written to constitute
  105         a permit; deleting an exception to registration
  106         requirements for certain experiment stations;
  107         requiring the payment of fees when packet seed is
  108         placed into commerce; amending s. 578.09, F.S.;
  109         revising labeling requirements for agricultural,
  110         vegetable, flower, tree, and shrub seeds; conforming a
  111         cross-reference; repealing s. 578.091, F.S., relating
  112         to labeling of forest tree seed; amending s. 578.10,
  113         F.S.; revising exemptions to seed labeling, sale, and
  114         solicitation requirements; amending s. 578.11, F.S.;
  115         conforming provisions to changes made by the act;
  116         making technical changes; amending s. 578.12, F.S.;
  117         conforming provisions to changes made by the act;
  118         amending s. 578.13, F.S.; conforming provisions to
  119         changes made by the act; specifying that it is
  120         unlawful to move, handle, or dispose of seeds or tags
  121         under a stop-sale notice or order without permission
  122         from the department; specifying that it is unlawful to
  123         represent seed as certified except under specified
  124         conditions or to label seed with a variety name under
  125         certain conditions; repealing s. 578.14, F.S.,
  126         relating to packet vegetable and flower seed; amending
  127         s. 578.181, F.S.; revising penalties; amending s.
  128         578.23, F.S.; revising recordkeeping requirements
  129         relating to seed labeling; amending s. 578.26, F.S.;
  130         conforming provisions to changes made by the act;
  131         specifying that certain persons may not commence legal
  132         proceedings or make certain claims against a seed
  133         dealer before certain findings and recommendations are
  134         transmitted by the seed investigation and conciliation
  135         council to the complainant and dealer; deleting a
  136         requirement that the department transmit such findings
  137         and recommendations to complainants and dealers;
  138         requiring the department to mail a copy of the
  139         council’s procedures to both parties upon receipt of a
  140         complaint; amending s. 578.27, F.S.; removing
  141         alternate membership from the seed investigation and
  142         conciliation council; revising the terms of members of
  143         the council; conforming provisions to changes made by
  144         the act; revising the purpose of the council; revising
  145         the council’s investigatory process; renumbering and
  146         amending s. 578.28, F.S.; making a technical change;
  147         creating s. 578.29, F.S.; prohibiting certain noxious
  148         weed seed from being offered or exposed for sale;
  149         amending s. 590.02, F.S.; authorizing the Florida
  150         Forest Service to pay certain employees’ initial
  151         commercial driver license examination fees; amending
  152         s. 790.06, F.S.; revising required department handling
  153         of incomplete criminal history information in relation
  154         to licensure to carry concealed firearms; revising the
  155         required furnished statement to obtain a duplicate or
  156         substitute concealed weapon or firearm license;
  157         amending s. 790.0625, F.S.; revising required tax
  158         collector collection and remittance of firearm license
  159         fees; revising the fees which a tax collector may
  160         retain; authorizing certain tax collectors to print
  161         and deliver certain replacement licenses under certain
  162         conditions; authorizing certain tax collectors to
  163         offer fingerprinting and photographing services to aid
  164         license applicants; creating s. 817.417, F.S.;
  165         providing a short title; defining terms; specifying
  166         department duties and responsibilities relating to
  167         government impostor and deceptive advertisements;
  168         requiring rulemaking by the department; specifying
  169         that it is a violation to disseminate certain
  170         misleading or confusing advertisements, to make
  171         certain misleading or confusing representations, to
  172         use content implying or leading to confusion that such
  173         content is from a governmental entity when such is not
  174         true, to fail to provide certain disclosures, and to
  175         fail to provide certain responses and answers to the
  176         department; requiring a person offering documents that
  177         are available free of charge or at a lesser price from
  178         a governmental entity to provide a certain disclosure;
  179         providing penalties; amending s. 489.105, F.S.;
  180         conforming provisions to changes made by the act;
  181         reenacting s. 527.06(3), F.S., relating to published
  182         standards of the National Fire Protection Association;
  183         providing an effective date.
  184          
  185  Be It Enacted by the Legislature of the State of Florida:
  186  
  187         Section 1. Paragraph (c) of subsection (6) of section
  188  193.461, Florida Statutes, is amended to read:
  189         193.461 Agricultural lands; classification and assessment;
  190  mandated eradication or quarantine program.—
  191         (6)
  192         (c)1. For purposes of the income methodology approach to
  193  assessment of property used for agricultural purposes,
  194  irrigation systems, including pumps and motors, which are
  195  physically attached to the land are shall be considered a part
  196  of the average yields per acre and do not shall have any no
  197  separately assessable contributory value.
  198         2. Litter containment structures located on producing
  199  poultry farms and animal waste nutrient containment structures
  200  located on producing dairy farms must shall be assessed by the
  201  methodology described in subparagraph 1.
  202         3. Structures or improvements used in horticultural
  203  production for frost or freeze protection and screen enclosed
  204  structures used in citrus production for pest exclusion, which
  205  are consistent with the interim measures or best management
  206  practices adopted by the Department of Agriculture and Consumer
  207  Services pursuant to s. 570.93 or s. 403.067(7)(c), must shall
  208  be assessed by the methodology described in subparagraph 1.
  209         Section 2. Paragraphs (b), (d), and (i) of subsection (5)
  210  of section 379.361, Florida Statutes, are amended to read:
  211         379.361 Licenses.—
  212         (5) APALACHICOLA BAY OYSTER HARVESTING LICENSE.—
  213         (b) A No person may not shall harvest oysters from the
  214  Apalachicola Bay without a valid Apalachicola Bay oyster
  215  harvesting license issued by the City of Apalachicola Department
  216  of Agriculture and Consumer Services. This requirement does
  217  shall not apply to anyone harvesting noncommercial quantities of
  218  oysters in accordance with commission rules, or to any person
  219  less than 18 years old.
  220         (d) The City of Apalachicola Department of Agriculture and
  221  Consumer Services shall collect an annual fee of $100 from state
  222  residents and $500 from nonresidents for the issuance of an
  223  Apalachicola Bay oyster harvesting license. The license year
  224  shall begin on July 1 of each year and end on June 30 of the
  225  following year. The license shall be valid only for the
  226  licensee. Only bona fide residents of the state Florida may
  227  obtain a resident license pursuant to this subsection.
  228         (i) The proceeds from Apalachicola Bay oyster harvesting
  229  license fees shall be deposited by the City of Apalachicola into
  230  a trust account in the General Inspection Trust Fund and, less
  231  reasonable administrative costs, must shall be used or
  232  distributed by the City of Apalachicola Department of
  233  Agriculture and Consumer Services for the following purposes in
  234  Apalachicola Bay:
  235         1. An Apalachicola Bay oyster shell recycling program
  236  Relaying and transplanting live oysters.
  237         2. Shell planting to construct or rehabilitate oyster bars.
  238         3. Education programs for licensed oyster harvesters on
  239  oyster biology, aquaculture, boating and water safety,
  240  sanitation, resource conservation, small business management,
  241  marketing, and other relevant subjects.
  242         4. Research directed toward the enhancement of oyster
  243  production in the bay and the water management needs of the bay.
  244         Section 3. Paragraphs (a), (b), and (i) of subsection (1)
  245  of section 487.041, Florida Statutes, are amended to read:
  246         487.041 Registration.—
  247         (1)(a) Effective January 1, 2009, Each brand of pesticide,
  248  as defined in s. 487.021, which is distributed, sold, or offered
  249  for sale, except as provided in this section, within this state
  250  or delivered for transportation or transported in intrastate
  251  commerce or between points within this state through any point
  252  outside this state must be registered in the office of the
  253  department, and such registration shall be renewed biennially.
  254  Emergency exemptions from registration may be authorized in
  255  accordance with the rules of the department. The registrant
  256  shall file with the department a statement including:
  257         1. The name, business mailing address, and street address
  258  of the registrant.
  259         2. The name of the brand of pesticide.
  260         3. An ingredient statement and a complete current copy of
  261  the labeling accompanying the brand of pesticide, which must
  262  conform to the registration, and a statement of all claims to be
  263  made for it, including directions for use and a guaranteed
  264  analysis showing the names and percentages by weight of each
  265  active ingredient, the total percentage of inert ingredients,
  266  and the names and percentages by weight of each “added
  267  ingredient.”
  268         (b) Effective January 1, 2009, For the purpose of defraying
  269  expenses of the department in connection with carrying out the
  270  provisions of this part, each registrant shall pay a biennial
  271  registration fee for each registered brand of pesticide. The
  272  registration of each brand of pesticide shall cover a designated
  273  2-year period beginning on January 1 of each odd-numbered year
  274  and expiring on December 31 of the following year.
  275         (i) Effective January 1, 2013, all payments of any
  276  pesticide registration fees, including late fees, shall be
  277  submitted electronically using the department’s Internet website
  278  for registration of pesticide product brands.
  279         Section 4. Paragraph (a) of subsection (6) of section
  280  493.6105, Florida Statutes, is amended to read:
  281         493.6105 Initial application for license.—
  282         (6) In addition to the requirements under subsection (3),
  283  an applicant for a Class “K” license must:
  284         (a) Submit one of the following:
  285         1. The Florida Criminal Justice Standards and Training
  286  Commission Instructor Certificate and written confirmation by
  287  the commission that the applicant possesses an active firearms
  288  certification.
  289         2. A valid National Rifle Association Private Security
  290  Firearm Instructor Certificate issued not more than 3 years
  291  before the submission of the applicant’s Class “K” application.
  292         3. A valid firearms instructor certificate issued by a
  293  federal law enforcement agency issued not more than 3 years
  294  before the submission of the applicant’s Class “K” application.
  295         4.A valid DD form 214 issued by the United States
  296  Department of Defense, an acceptable form as specified by the
  297  Department of Veterans’ Affairs, or other official military
  298  documentation. Such form or documentation must be issued not
  299  more than 3 years before the submission of the applicant’s Class
  300  “K” application, indicating that the applicant has been
  301  honorably discharged and has served as a military firearms
  302  instructor within the last 3 years of service.
  303         Section 5. Paragraph (d) of subsection (3) of section
  304  493.6113, Florida Statutes, is amended to read:
  305         493.6113 Renewal application for licensure.—
  306         (3) Each licensee is responsible for renewing his or her
  307  license on or before its expiration by filing with the
  308  department an application for renewal accompanied by payment of
  309  the renewal fee and the fingerprint retention fee to cover the
  310  cost of ongoing retention in the statewide automated biometric
  311  identification system established in s. 943.05(2)(b). Upon the
  312  first renewal of a license issued under this chapter before
  313  January 1, 2017, the licensee shall submit a full set of
  314  fingerprints and fingerprint processing fees to cover the cost
  315  of entering the fingerprints into the statewide automated
  316  biometric identification system pursuant to s. 493.6108(4)(a)
  317  and the cost of enrollment in the Federal Bureau of
  318  Investigation’s national retained print arrest notification
  319  program. Subsequent renewals may be completed without submission
  320  of a new set of fingerprints.
  321         (d) Each Class “K” licensee shall additionally submit:
  322         1. One of the certificates specified under s. 493.6105(6)
  323  as proof that he or she remains certified to provide firearms
  324  instruction; or
  325         2.Proof of having taught no less than six 28-hour firearms
  326  instruction courses to Class “G” applicants, as specified in s.
  327  493.6105(5), during the previous triennial licensure period.
  328         Section 6. Subsection (19) is added to section 496.415,
  329  Florida Statutes, to read:
  330         496.415 Prohibited acts.—It is unlawful for any person in
  331  connection with the planning, conduct, or execution of any
  332  solicitation or charitable or sponsor sales promotion to:
  333         (19) Commingle charitable contributions with noncharitable
  334  funds.
  335         Section 7. Section 496.418, Florida Statutes, is amended to
  336  read:
  337         496.418 Recordkeeping and accounting Records.—
  338         (1)Each charitable organization, sponsor, professional
  339  fundraising consultant, and professional solicitor that collects
  340  or takes control or possession of contributions made for a
  341  charitable purpose must keep records to permit accurate
  342  reporting and auditing as required by law, must not commingle
  343  contributions with noncharitable funds as specified in s.
  344  496.415(19), and must be able to account for the funds. When
  345  expenditures are not properly documented and disclosed by
  346  records, there exists a presumption that the charitable
  347  organization, sponsor, professional fundraising consultant, or
  348  professional solicitor did not properly expend such funds.
  349  Noncharitable funds include any funds that are not used or
  350  intended to be used for the operation of the charity or for
  351  charitable purposes.
  352         (2) Each charitable organization, sponsor, professional
  353  fundraising consultant, and professional solicitor must keep for
  354  a period of at least 3 years true and accurate records as to its
  355  activities in this state which are covered by ss. 496.401
  356  496.424. The records must be made available, without subpoena,
  357  to the department for inspection and must be furnished no later
  358  than 10 working days after requested.
  359         Section 8. Paragraph (b) of subsection (3) and paragraph
  360  (i) of subsection (5) of section 500.459, Florida Statutes, are
  361  amended to read:
  362         500.459 Water vending machines.—
  363         (3) PERMITTING REQUIREMENTS.—
  364         (b) An application for an operating permit must be made in
  365  writing to the department on forms provided by the department
  366  and must be accompanied by a fee as provided in subsection (4).
  367  The application must state the location of each water vending
  368  machine, the source of the water to be vended, the treatment the
  369  water will receive prior to being vended, and any other
  370  information considered necessary by the department.
  371         (5) OPERATING STANDARDS.—
  372         (i) The operator shall place on each water vending machine,
  373  in a position clearly visible to customers, the following
  374  information: the name and address of the operator; the operating
  375  permit number; the fact that the water is obtained from a public
  376  water supply; the method of treatment used; the method of
  377  postdisinfection used; and a local or toll-free telephone number
  378  that may be called for obtaining further information, reporting
  379  problems, or making complaints.
  380         Section 9. Paragraph (g) of subsection (1) and subsection
  381  (5) of section 501.059, Florida Statutes, are amended to read:
  382         501.059 Telephone solicitation.—
  383         (1) As used in this section, the term:
  384         (g) “Telephonic sales call” means a telephone call,
  385  ringless direct-to-voicemail delivery, or text message to a
  386  consumer for the purpose of soliciting a sale of any consumer
  387  goods or services, soliciting an extension of credit for
  388  consumer goods or services, or obtaining information that will
  389  or may be used for the direct solicitation of a sale of consumer
  390  goods or services or an extension of credit for such purposes.
  391         (5) A telephone solicitor or other person may not initiate
  392  an outbound telephone call or text message to a consumer,
  393  business, or donor or potential donor who has previously
  394  communicated to the telephone solicitor or other person that he
  395  or she does not wish to receive an outbound telephone call or
  396  text message:
  397         (a) Made by or on behalf of the seller whose goods or
  398  services are being offered; or
  399         (b) Made on behalf of a charitable organization for which a
  400  charitable contribution is being solicited.
  401         Section 10. Section 501.6175, Florida Statutes, is created
  402  to read:
  403         501.6175 Recordkeeping.—A commercial telephone seller shall
  404  keep all of the following information for 2 years after the date
  405  the information first becomes part of the seller’s business
  406  records:
  407         (1)The name and telephone number of each consumer
  408  contacted by a telephone sales call.
  409         (2)All express requests authorizing the telephone
  410  solicitor to contact the consumer.
  411         (3)Any script, outline, or presentation the applicant
  412  requires or suggests a salesperson use when soliciting; sales
  413  information or literature to be provided by the commercial
  414  telephone seller to a salesperson; and sales information or
  415  literature to be provided by the commercial telephone seller to
  416  a consumer in connection with any solicitation.
  417  
  418  Within 10 days of an oral or written request by the department,
  419  including a written request transmitted by electronic mail, a
  420  commercial telephone seller must make the records it keeps
  421  pursuant to this section available for inspection and copying by
  422  the department during the department’s normal business hours.
  423  This section does not limit the department’s ability to inspect
  424  and copy material pursuant to any other law.
  425         Section 11. Section 501.912, Florida Statutes, is amended
  426  to read:
  427         501.912 Definitions.—As used in ss. 501.91-501.923:
  428         (1) “Antifreeze” means any substance or preparation,
  429  including, but not limited to, antifreeze-coolant, antifreeze
  430  and summer coolant, or summer coolant, that is sold,
  431  distributed, or intended for use:
  432         (a) As the cooling liquid, or to be added to the cooling
  433  liquid, in the cooling system of internal combustion engines of
  434  motor vehicles to prevent freezing of the cooling liquid or to
  435  lower its freezing point; or
  436         (b)To raise the boiling point of water or for the
  437  prevention of engine overheating, whether or not the liquid is
  438  used as a year-round cooling system fluid.
  439         (2) “Antifreeze-coolant,” “antifreeze and summer coolant,”
  440  or “summer coolant” means any substance as defined in subsection
  441  (1) which also is sold, distributed, or intended for raising the
  442  boiling point of water or for the prevention of engine
  443  overheating whether or not used as a year-round cooling system
  444  fluid. Unless otherwise stated, the term “antifreeze” includes
  445  “antifreeze,” “antifreeze-coolant,” “antifreeze and summer
  446  coolant,” and “summer coolant.”
  447         (2)(3) “Department” means the Department of Agriculture and
  448  Consumer Services.
  449         (3)(4) “Distribute” means to hold with an intent to sell,
  450  offer for sale, sell, barter, or otherwise supply to the
  451  consumer.
  452         (4)(5) “Package” means a sealed, tamperproof retail
  453  package, drum, or other container designed for the sale of
  454  antifreeze directly to the consumer or a container from which
  455  the antifreeze may be installed directly by the seller into the
  456  cooling system. However, this term, but does not include
  457  shipping containers containing properly labeled inner
  458  containers.
  459         (5)(6) “Label” means any display of written, printed, or
  460  graphic matter on, or attached to, a package or to the outside
  461  individual container or wrapper of the package.
  462         (6)(7) “Labeling” means the labels and any other written,
  463  printed, or graphic matter accompanying a package.
  464         Section 12. Section 501.913, Florida Statutes, is amended
  465  to read:
  466         501.913 Registration.—
  467         (1) Each brand of antifreeze to be distributed in this
  468  state must shall be registered with the department before
  469  distribution. The person whose name appears on the label, the
  470  manufacturer, or the packager shall make application annually or
  471  biennially to the department on forms provided by the
  472  department. The registration certificate expires shall expire 12
  473  or 24 months after the date of issue, as indicated on the
  474  registration certificate. The registrant assumes, by application
  475  to register the brand, full responsibility for the registration,
  476  quality, and quantity of the product sold, offered, or exposed
  477  for sale in this state. If a registered brand is not in
  478  production for distribution in this state and to ensure any
  479  remaining product that is still available for sale in the state
  480  is properly registered, the registrant must submit a notarized
  481  affidavit on company letterhead to the department certifying
  482  that:
  483         (a) The stated brand is no longer in production;
  484         (b) The stated brand will not be distributed in this state;
  485  and
  486         (c) All existing product of the stated brand will be
  487  removed by the registrant from the state within 30 days after
  488  expiration of the registration or the registrant will reregister
  489  the brand for two subsequent registration periods.
  490  
  491  If production resumes, the brand must be reregistered before it
  492  is distributed in this state.
  493         (2) The completed application shall be accompanied by:
  494         (a) Specimens or copies facsimiles of the label for each
  495  brand of antifreeze;
  496         (b) An application fee of $200 for a 12-month registration
  497  or $400 for a 24-month registration for each brand of
  498  antifreeze; and
  499         (c) For first-time applications, a certified report from an
  500  independent testing laboratory, dated no more than 6 months
  501  before the registration application, providing analysis showing
  502  that the antifreeze conforms to minimum standards required for
  503  antifreeze by this part or rules of the department and is not
  504  adulterated A properly labeled sample of between 1 and 2 gallons
  505  for each brand of antifreeze.
  506         (3) The department may analyze or inspect the antifreeze to
  507  ensure that it:
  508         (a) Meets the labeling claims;
  509         (b) Conforms to minimum standards required for antifreeze
  510  by this part chapter or rules of the department; and
  511         (c) Is not adulterated as prescribed for antifreeze by this
  512  part chapter.
  513         (4)(a) If the registration requirements are met, and, if
  514  the antifreeze meets the minimum standards, is not adulterated,
  515  and meets the labeling claims, the department shall issue a
  516  certificate of registration authorizing the distribution of that
  517  antifreeze in the state for the permit period year.
  518         (b) If registration requirements are not met, or, if the
  519  antifreeze fails to meet the minimum standards, is adulterated,
  520  or fails to meet the labeling claims, the department shall
  521  refuse to register the antifreeze.
  522         Section 13. Section 501.917, Florida Statutes, is amended
  523  to read:
  524         501.917 Inspection by department; sampling and analysis.
  525  The department has shall have the right to have access at
  526  reasonable hours to all places and property where antifreeze is
  527  stored, distributed, or offered or intended to be offered for
  528  sale, including the right to inspect and examine all antifreeze
  529  and to take reasonable samples of antifreeze for analysis
  530  together with specimens of labeling. Collected samples must be
  531  analyzed by the department. The certificate of analysis by the
  532  department shall be prima facie evidence of the facts stated
  533  therein in any legal proceeding in this state All samples taken
  534  shall be properly sealed and sent to a laboratory designated by
  535  the department for examination together with all labeling
  536  pertaining to such samples. It shall be the duty of said
  537  laboratory to examine promptly all samples received in
  538  connection with the administration and enforcement of this act.
  539         Section 14. Section 501.92, Florida Statutes, is amended to
  540  read:
  541         501.92 Formula may be required.—The department may, if
  542  required for the analysis of antifreeze by the laboratory
  543  designated by the department for the purpose of registration,
  544  require the applicant to furnish a statement of the formula of
  545  such antifreeze, unless the applicant can furnish other
  546  satisfactory evidence that such antifreeze is not adulterated or
  547  misbranded. Such statement need not include inhibitor or other
  548  minor ingredients which total less than 5 percent by weight of
  549  the antifreeze; and, if over 5 percent, the composition of the
  550  inhibitor and such other ingredients may be given in generic
  551  terms.
  552         Section 15. Paragraph (e) of subsection (10) of section
  553  525.07, Florida Statutes, is redesignated as paragraph (f), and
  554  a new paragraph (e) is added to that subsection, to read:
  555         525.07 Powers and duties of department; inspections;
  556  unlawful acts.—
  557         (10)
  558         (e) The department may seize without warrant any skimming
  559  device, as defined in s. 817.625, for use as evidence.
  560         Section 16. Subsection (1) of section 526.51, Florida
  561  Statutes, is amended to read:
  562         526.51 Registration; renewal and fees; departmental
  563  expenses; cancellation or refusal to issue or renew.—
  564         (1)(a) Application for registration of each brand of brake
  565  fluid shall be made on forms supplied by the department. The
  566  applicant shall give his or her name and address and the brand
  567  name of the brake fluid, state that he or she owns the brand
  568  name and has complete control over the product sold thereunder
  569  in this state, and provide the name and address of the resident
  570  agent in this state. If the applicant does not own the brand
  571  name but wishes to register the product with the department, a
  572  notarized affidavit that gives the applicant full authorization
  573  to register the brand name and that is signed by the owner of
  574  the brand name must accompany the application for registration.
  575  The affidavit must include all affected brand names, the owner’s
  576  company or corporate name and address, the applicant’s company
  577  or corporate name and address, and a statement from the owner
  578  authorizing the applicant to register the product with the
  579  department. The owner of the brand name shall maintain complete
  580  control over each product sold under that brand name in this
  581  state.
  582         (b)The completed application must be accompanied by the
  583  following:
  584         1.Specimens or copies of the label for each brand of brake
  585  fluid.
  586         2.An application fee of $50 for a 12-month registration or
  587  $100 for a 24-month registration for each brand of brake fluid.
  588         3.For All first-time applications for a brand and formula
  589  combination, must be accompanied by a certified report from an
  590  independent testing laboratory, dated no more than 6 months
  591  before the registration application, setting forth the analysis
  592  of the brake fluid which shows its quality to be not less than
  593  the specifications established by the department for brake
  594  fluids. A sample of not less than 24 fluid ounces of brake fluid
  595  shall be submitted, in a container with a label printed in the
  596  same manner that it will be labeled when sold, and the sample
  597  and container shall be analyzed and inspected by the department
  598  in order that compliance with the department’s specifications
  599  and labeling requirements may be verified.
  600  
  601  Upon approval of the application, the department shall register
  602  the brand name of the brake fluid and issue to the applicant a
  603  permit authorizing the registrant to sell the brake fluid in
  604  this state. The registration certificate expires shall expire 12
  605  or 24 months after the date of issue, as indicated on the
  606  registration certificate.
  607         (c)(b)Each applicant shall pay a fee of $100 with each
  608  application. A permit may be renewed by application to the
  609  department, accompanied by a renewal fee of $50 for a 12-month
  610  registration, or $100 for a 24-month registration, on or before
  611  the expiration of the previously issued permit. To reregister a
  612  previously registered brand and formula combination, an
  613  applicant must submit a completed application and all materials
  614  as required in this section to the department before the
  615  expiration of the previously issued permit. A brand and formula
  616  combination for which a completed application and all materials
  617  required in this section are not received before the expiration
  618  of the previously issued permit may not be registered with the
  619  department until a completed application and all materials
  620  required in this section have been received and approved. If the
  621  brand and formula combination was previously registered with the
  622  department and a fee, application, or materials required in this
  623  section are received after the expiration of the previously
  624  issued permit, a penalty of $25 accrues, which shall be added to
  625  the fee. Renewals shall be accepted only on brake fluids that
  626  have no change in formula, composition, or brand name. Any
  627  change in formula, composition, or brand name of a brake fluid
  628  constitutes a new product that must be registered in accordance
  629  with this part.
  630         (c) If a registered brand and formula combination is no
  631  longer in production for distribution in this state, in order to
  632  ensure that any remaining product still available for sale in
  633  this state is properly registered, the registrant must submit a
  634  notarized affidavit on company letterhead to the department
  635  certifying that:
  636         1. The stated brand and formula combination is no longer in
  637  production;
  638         2. The stated brand and formula combination will not be
  639  distributed in this state; and
  640         3. Either all existing product of the stated brand and
  641  formula combination will be removed by the registrant from the
  642  state within 30 days after the expiration of the registration or
  643  that the registrant will reregister the brand and formula
  644  combination for 2 subsequent years.
  645  
  646  If production resumes, the brand and formula combination must be
  647  reregistered before it is again distributed in this state.
  648         Section 17. Subsection (1) of section 526.53, Florida
  649  Statutes, is amended to read:
  650         526.53 Enforcement; inspection and analysis, stop-sale and
  651  disposition, regulations.—
  652         (1) The department shall enforce the provisions of this
  653  part through the department, and may sample, inspect, analyze,
  654  and test any brake fluid manufactured, packed, or sold within
  655  this state. Collected samples must be analyzed by the
  656  department. The certificate of analysis by the department shall
  657  be prima facie evidence of the facts stated therein in any legal
  658  proceeding in this state. The department has shall have free
  659  access during business hours to all premises, buildings,
  660  vehicles, cars, or vessels used in the manufacture, packing,
  661  storage, sale, or transportation of brake fluid, and may open
  662  any box, carton, parcel, or container of brake fluid and take
  663  samples for inspection and analysis or for evidence.
  664         Section 18. Section 527.01, Florida Statutes, is amended to
  665  read:
  666         527.01 Definitions.—As used in this chapter:
  667         (1) “Liquefied petroleum gas” means any material which is
  668  composed predominantly of any of the following hydrocarbons, or
  669  mixtures of the same: propane, propylene, butanes (normal butane
  670  or isobutane), and butylenes.
  671         (2) “Person” means any individual, firm, partnership,
  672  corporation, company, association, organization, or cooperative.
  673         (3) “Ultimate Consumer” means the person last purchasing
  674  liquefied petroleum gas in its liquid or vapor state for
  675  industrial, commercial, or domestic use.
  676         (4) “Department” means the Department of Agriculture and
  677  Consumer Services.
  678         (5) “Qualifier” means any person who has passed a
  679  competency examination administered by the department and is
  680  employed by a licensed category I, category II, or category V
  681  business. in one or more of the following classifications:
  682         (a) Category I liquefied petroleum gas dealer.
  683         (b) Category II liquefied petroleum gas dispenser.
  684         (c) LP gas installer.
  685         (d) Specialty installer.
  686         (e) Requalifier of cylinders.
  687         (f) Fabricator, repairer, and tester of vehicles and cargo
  688  tanks.
  689         (g) Category IV liquefied petroleum gas dispensing unit
  690  operator and recreational vehicle servicer.
  691         (h) Category V liquefied petroleum gases dealer for
  692  industrial uses only.
  693         (6) “Category I liquefied petroleum gas dealer” means any
  694  person selling or offering to sell by delivery or at a
  695  stationary location any liquefied petroleum gas to the ultimate
  696  consumer for industrial, commercial, or domestic use; any person
  697  leasing or offering to lease, or exchanging or offering to
  698  exchange, any apparatus, appliances, and equipment for the use
  699  of liquefied petroleum gas; any person installing, servicing,
  700  altering, or modifying apparatus, piping, tubing, appliances,
  701  and equipment for the use of liquefied petroleum or natural gas;
  702  any person installing carburetion equipment; or any person
  703  requalifying cylinders.
  704         (7) “Category II liquefied petroleum gas dispenser” means
  705  any person engaging in the business of operating a liquefied
  706  petroleum gas dispensing unit for the purpose of serving liquid
  707  products to the ultimate consumer for industrial, commercial, or
  708  domestic use, and selling or offering to sell, or leasing or
  709  offering to lease, apparatus, appliances, and equipment for the
  710  use of liquefied petroleum gas, including maintaining a cylinder
  711  storage rack at the licensed business location for the purpose
  712  of storing cylinders filled by the licensed business for sale or
  713  use at a later date.
  714         (8) “Category III liquefied petroleum gas cylinder exchange
  715  operator” means any person operating a storage facility used for
  716  the purpose of storing filled propane cylinders of not more than
  717  43.5 pounds propane capacity or 104 pounds water capacity, while
  718  awaiting sale to the ultimate consumer, or a facility used for
  719  the storage of empty or filled containers which have been
  720  offered for exchange.
  721         (9) “Category IV dealer in appliances and equipment
  722  liquefied petroleum gas dispenser and recreational vehicle
  723  servicer” means any person selling or offering to sell, or
  724  leasing or offering to lease, apparatus, appliances, and
  725  equipment for the use of liquefied petroleum gas engaging in the
  726  business of operating a liquefied petroleum gas dispensing unit
  727  for the purpose of serving liquid product to the ultimate
  728  consumer for industrial, commercial, or domestic use, and
  729  selling or offering to sell, or leasing or offering to lease,
  730  apparatus, appliances, and equipment for the use of liquefied
  731  petroleum gas, and whose services include the installation,
  732  service, or repair of recreational vehicle liquefied petroleum
  733  gas appliances and equipment.
  734         (10) “Category V LP gas installer” means any person who is
  735  engaged in the liquefied petroleum gas business and whose
  736  services include the installation, servicing, altering, or
  737  modifying of apparatus, piping, tubing, tanks, and equipment for
  738  the use of liquefied petroleum or natural gas and selling or
  739  offering to sell, or leasing or offering to lease, apparatus,
  740  appliances, and equipment for the use of liquefied petroleum or
  741  natural gas.
  742         (11) “Category VI miscellaneous operator” means any person
  743  who is engaged in operation as a manufacturer of LP gas
  744  appliances and equipment; a fabricator, repairer, and tester of
  745  vehicles and cargo tanks; a requalifier of LP gas cylinders; or
  746  a pipeline system operator Specialty installer” means any person
  747  involved in the installation, service, or repair of liquefied
  748  petroleum or natural gas appliances and equipment, and selling
  749  or offering to sell, or leasing or offering to lease, apparatus,
  750  appliances, and equipment for the use of liquefied petroleum
  751  gas, whose activities are limited to specific types of
  752  appliances and equipment as designated by department rule.
  753         (12) “Dealer in appliances and equipment for use of
  754  liquefied petroleum gas” means any person selling or offering to
  755  sell, or leasing or offering to lease, apparatus, appliances,
  756  and equipment for the use of liquefied petroleum gas.
  757         (12)(13) “Manufacturer of liquefied petroleum gas
  758  appliances and equipment” means any person in this state
  759  manufacturing and offering for sale or selling tanks, cylinders,
  760  or other containers and necessary appurtenances for use in the
  761  storage, transportation, or delivery of such gas to the ultimate
  762  consumer, or manufacturing and offering for sale or selling
  763  apparatus, appliances, and equipment for the use of liquefied
  764  petroleum gas to the ultimate consumer.
  765         (13)(14) “Wholesaler” means any person, as defined by
  766  subsection (2), selling or offering to sell any liquefied
  767  petroleum gas for industrial, commercial, or domestic use to any
  768  person except the ultimate consumer.
  769         (14)(15) “Requalifier of cylinders” means any person
  770  involved in the retesting, repair, qualifying, or requalifying
  771  of liquefied petroleum gas tanks or cylinders manufactured under
  772  specifications of the United States Department of Transportation
  773  or former Interstate Commerce Commission.
  774         (15)(16) “Fabricator, repairer, and tester of vehicles and
  775  cargo tanks” means any person involved in the hydrostatic
  776  testing, fabrication, repair, or requalifying of any motor
  777  vehicles or cargo tanks used for the transportation of liquefied
  778  petroleum gases, when such tanks are permanently attached to or
  779  forming a part of the motor vehicle.
  780         (17) “Recreational vehicle” means a motor vehicle designed
  781  to provide temporary living quarters for recreational, camping,
  782  or travel use, which has its own propulsion or is mounted on or
  783  towed by another motor vehicle.
  784         (16)(18) “Pipeline system operator” means any person who
  785  owns or operates a liquefied petroleum gas pipeline system that
  786  is used to transmit liquefied petroleum gas from a common source
  787  to the ultimate customer and that serves 10 or more customers.
  788         (19) “Category V liquefied petroleum gases dealer for
  789  industrial uses only” means any person engaged in the business
  790  of filling, selling, and transporting liquefied petroleum gas
  791  containers for use in welding, forklifts, or other industrial
  792  applications.
  793         (17)(20) “License period year” means the period 1 to 3
  794  years from the issuance of the license from September 1 through
  795  the following August 31, or April 1 through the following March
  796  31, depending upon the type of license.
  797         Section 19. Section 527.02, Florida Statutes, is amended to
  798  read:
  799         527.02 License; penalty; fees.—
  800         (1) It is unlawful for any person to engage in this state
  801  in the activities defined in s. 527.01(6) through (11) of a
  802  pipeline system operator, category I liquefied petroleum gas
  803  dealer, category II liquefied petroleum gas dispenser, category
  804  III liquefied petroleum gas cylinder exchange operator, category
  805  IV liquefied petroleum gas dispenser and recreational vehicle
  806  servicer, category V liquefied petroleum gas dealer for
  807  industrial uses only, LP gas installer, specialty installer,
  808  dealer in liquefied petroleum gas appliances and equipment,
  809  manufacturer of liquefied petroleum gas appliances and
  810  equipment, requalifier of cylinders, or fabricator, repairer,
  811  and tester of vehicles and cargo tanks without first obtaining
  812  from the department a license to engage in one or more of these
  813  businesses. The sale of liquefied petroleum gas cylinders with a
  814  volume of 10 pounds water capacity or 4.2 pounds liquefied
  815  petroleum gas capacity or less is exempt from the requirements
  816  of this chapter. It is a felony of the third degree, punishable
  817  as provided in s. 775.082, s. 775.083, or s. 775.084, to
  818  intentionally or willfully engage in any of said activities
  819  without first obtaining appropriate licensure from the
  820  department.
  821         (2) Each business location of a person having multiple
  822  locations must shall be separately licensed and must meet the
  823  requirements of this section. Such license shall be granted to
  824  any applicant determined by the department to be competent,
  825  qualified, and trustworthy who files with the department a
  826  surety bond, insurance affidavit, or other proof of insurance,
  827  as hereinafter specified, and pays for such license the
  828  following annual license original application fee for new
  829  licenses and annual renewal fees for existing licenses:
  830  
  831  License Category          License OriginalApplication Fee Per Year   RenewalFee   
  832  Category I liquefiedpetroleum gasdealer       $400 $525              $425      
  833  Category II liquefiedpetroleum gasdispenser        $400 525              375       
  834  Category IIIliquefied petroleumgas cylinderexchange unitoperator        $65 100                65       
  835  Category IVdealer in appliances and equipmentliquefied petroleumgas dispenser andrecreational vehicleservicer        $65 525               400       
  836  Category V LP gas installer liquefiedpetroleum gasesdealer for industrialuses only        $200 300              200       
  837  Category VI miscellaneous operator LP gasinstaller        $200 300              200       
  838  Specialtyinstaller                  300                 200       
  839  Dealer in appliances and equipmentfor use of liquefiedpetroleum gas           50                  45       
  840  Manufacturer ofliquefied petroleumgas appliances andequipment          525                 375       
  841  Requalifier ofcylinders             525                 375       
  842  Fabricator, repairer,and tester ofvehicles andcargo tanks          525                 375       
  843         (3)(a) An applicant for an original license who submits an
  844  application during the last 6 months of the license year may
  845  have the original license fee reduced by one-half for the 6
  846  month period. This provision applies only to those companies
  847  applying for an original license and may not be applied to
  848  licensees who held a license during the previous license year
  849  and failed to renew the license. The department may refuse to
  850  issue an initial license to an applicant who is under
  851  investigation in any jurisdiction for an action that would
  852  constitute a violation of this chapter until such time as the
  853  investigation is complete.
  854         (b) The department shall waive the initial license fee for
  855  1 year for an honorably discharged veteran of the United States
  856  Armed Forces, the spouse of such a veteran, or a business entity
  857  that has a majority ownership held by such a veteran or spouse
  858  if the department receives an application, in a format
  859  prescribed by the department, within 60 months after the date of
  860  the veteran’s discharge from any branch of the United States
  861  Armed Forces. To qualify for the waiver, a veteran must provide
  862  to the department a copy of his or her DD Form 214, as issued by
  863  the United States Department of Defense or another acceptable
  864  form of identification as specified by the Department of
  865  Veterans’ Affairs; the spouse of a veteran must provide to the
  866  department a copy of the veteran’s DD Form 214, as issued by the
  867  United States Department of Defense, or another acceptable form
  868  of identification as specified by the Department of Veterans’
  869  Affairs, and a copy of a valid marriage license or certificate
  870  verifying that he or she was lawfully married to the veteran at
  871  the time of discharge; or a business entity must provide to the
  872  department proof that a veteran or the spouse of a veteran holds
  873  a majority ownership in the business, a copy of the veteran’s DD
  874  Form 214, as issued by the United States Department of Defense,
  875  or another acceptable form of identification as specified by the
  876  Department of Veterans’ Affairs, and, if applicable, a copy of a
  877  valid marriage license or certificate verifying that the spouse
  878  of the veteran was lawfully married to the veteran at the time
  879  of discharge.
  880         (4) Any licensee submitting a material change in their
  881  information for licensing, before the date for renewal, must
  882  submit such change to the department in the manner prescribed by
  883  the department, along with a fee in the amount of $10 Any person
  884  applying for a liquefied petroleum gas license as a specialty
  885  installer, as defined by s. 527.01(11), shall upon application
  886  to the department identify the specific area of work to be
  887  performed. Upon completion of all license requirements set forth
  888  in this chapter, the department shall issue the applicant a
  889  license specifying the scope of work, as identified by the
  890  applicant and defined by rule of the department, for which the
  891  person is authorized.
  892         (5) The license fee for a pipeline system operator shall be
  893  $100 per system owned or operated by the person, not to exceed
  894  $400 per license year. Such license fee applies only to a
  895  pipeline system operator who owns or operates a liquefied
  896  petroleum gas pipeline system that is used to transmit liquefied
  897  petroleum gas from a common source to the ultimate customer and
  898  that serves 10 or more customers.
  899         (5)(6) The department shall adopt promulgate rules
  900  specifying acts deemed by the department to demonstrate a lack
  901  of trustworthiness to engage in activities requiring a license
  902  or qualifier identification card under this section.
  903         (7) Any license issued by the department may be transferred
  904  to any person, firm, or corporation for the remainder of the
  905  current license year upon written request to the department by
  906  the original licenseholder. Prior to approval of any transfer,
  907  all licensing requirements of this chapter must be met by the
  908  transferee. A license transfer fee of $50 shall be charged for
  909  each such transfer.
  910         Section 20. Section 527.0201, Florida Statutes, is amended
  911  to read:
  912         527.0201 Qualifiers; master qualifiers; examinations.—
  913         (1) In addition to the requirements of s. 527.02, any
  914  person applying for a license to engage in category I, category
  915  II, or category V the activities of a pipeline system operator,
  916  category I liquefied petroleum gas dealer, category II liquefied
  917  petroleum gas dispenser, category IV liquefied petroleum gas
  918  dispenser and recreational vehicle servicer, category V
  919  liquefied petroleum gases dealer for industrial uses only, LP
  920  gas installer, specialty installer, requalifier of cylinders, or
  921  fabricator, repairer, and tester of vehicles and cargo tanks
  922  must prove competency by passing a written examination
  923  administered by the department or its agent with a grade of 70
  924  75 percent or above in each area tested. Each applicant for
  925  examination shall submit a $20 nonrefundable fee. The department
  926  shall by rule specify the general areas of competency to be
  927  covered by each examination and the relative weight to be
  928  assigned in grading each area tested.
  929         (2) Application for examination for competency may be made
  930  by an individual or by an owner, a partner, or any person
  931  employed by the license applicant. Upon successful completion of
  932  the competency examination, the department shall register issue
  933  a qualifier identification card to the examinee.
  934         (a) Qualifier registration automatically expires if
  935  identification cards, except those issued to category I
  936  liquefied petroleum gas dealers and liquefied petroleum gas
  937  installers, shall remain in effect as long as the individual
  938  shows to the department proof of active employment in the area
  939  of examination and all continuing education requirements are
  940  met. Should the individual terminates terminate active
  941  employment in the area of examination for a period exceeding 24
  942  months, or fails fail to provide documentation of continuing
  943  education, the individual’s qualifier status shall automatically
  944  expire. If the qualifier registration status has expired, the
  945  individual must apply for and successfully complete an
  946  examination by the department in order to reestablish qualifier
  947  status.
  948         (b) Every business organization in license category I,
  949  category II, or category V shall employ at all times a full-time
  950  qualifier who has successfully completed an examination in the
  951  corresponding category of the license held by the business
  952  organization. A person may not act as a qualifier for more than
  953  one licensed location.
  954         (3) Qualifier registration expires cards issued to category
  955  I liquefied petroleum gas dealers and liquefied petroleum gas
  956  installers shall expire 3 years after the date of issuance. All
  957  category I liquefied petroleum gas dealer qualifiers and
  958  liquefied petroleum gas installer qualifiers holding a valid
  959  qualifier card upon the effective date of this act shall retain
  960  their qualifier status until July 1, 2003, and may sit for the
  961  master qualifier examination at any time during that time
  962  period. All such category I liquefied petroleum gas dealer
  963  qualifiers and liquefied petroleum gas installer qualifiers may
  964  renew their qualification on or before July 1, 2003, upon
  965  application to the department, payment of a $20 renewal fee, and
  966  documentation of the completion of a minimum of 16 hours of
  967  approved continuing education courses, as defined by department
  968  rule, during the previous 3-year period. Applications for
  969  renewal must be made 30 calendar days before expiration. Persons
  970  failing to renew before the expiration date must reapply and
  971  take a qualifier competency examination in order to reestablish
  972  category I liquefied petroleum gas dealer qualifier and
  973  liquefied petroleum gas installer qualifier status. If a
  974  category I liquefied petroleum gas qualifier or liquefied
  975  petroleum gas installer qualifier becomes a master qualifier at
  976  any time during the effective date of the qualifier card, the
  977  card shall remain in effect until expiration of the master
  978  qualifier certification.
  979         (4) A qualifier for a business organization involved in
  980  installation, repair, maintenance, or service of liquefied
  981  petroleum gas appliances, equipment, or systems must actually
  982  function in a supervisory capacity of other company employees
  983  performing licensed activities installing, repairing,
  984  maintaining, or servicing liquefied petroleum gas appliances,
  985  equipment, or systems. A separate qualifier shall be required
  986  for every 10 such employees. Additional qualifiers are required
  987  for those business organizations employing more than 10
  988  employees that install, repair, maintain, or service liquefied
  989  petroleum gas equipment and systems.
  990         (5) In addition to all other licensing requirements, each
  991  category I and category V licensee liquefied petroleum gas
  992  dealer and liquefied petroleum gas installer must, at the time
  993  of application for licensure, identify to the department one
  994  master qualifier who is a full-time employee at the licensed
  995  location. This person shall be a manager, owner, or otherwise
  996  primarily responsible for overseeing the operations of the
  997  licensed location and must provide documentation to the
  998  department as provided by rule. The master qualifier requirement
  999  shall be in addition to the requirements of subsection (1).
 1000         (a) In order to apply for certification as a master
 1001  qualifier, each applicant must have been a registered be a
 1002  category I liquefied petroleum gas dealer qualifier or liquefied
 1003  petroleum gas installer qualifier for a minimum of 3 years
 1004  immediately preceding submission of the application, must be
 1005  employed by a licensed category I or category V licensee
 1006  liquefied petroleum gas dealer, liquefied petroleum gas
 1007  installer, or applicant for such license, must provide
 1008  documentation of a minimum of 1 year’s work experience in the
 1009  gas industry, and must pass a master qualifier competency
 1010  examination. Master qualifier examinations shall be based on
 1011  Florida’s laws, rules, and adopted codes governing liquefied
 1012  petroleum gas safety, general industry safety standards, and
 1013  administrative procedures. The applicant must successfully pass
 1014  the examination with a grade of 70 75 percent or above. Each
 1015  applicant for master qualifier registration status must submit
 1016  to the department a nonrefundable $30 examination fee before the
 1017  examination.
 1018         (b) Upon successful completion of the master qualifier
 1019  examination, the department shall issue the examinee a
 1020  certificate of master qualifier registration status which shall
 1021  include the name of the licensed company for which the master
 1022  qualifier is employed. A master qualifier may transfer from one
 1023  licenseholder to another upon becoming employed by the company
 1024  and providing a written request to the department.
 1025         (c) A master qualifier registration expires status shall
 1026  expire 3 years after the date of issuance of the certificate and
 1027  may be renewed by submission to the department of documentation
 1028  of completion of at least 16 hours of approved continuing
 1029  education courses during the 3-year period; proof of employment
 1030  with a licensed category I liquefied petroleum gas dealer,
 1031  liquefied petroleum gas installer, or applicant; and a $30
 1032  certificate renewal fee. The department shall define, by rule,
 1033  approved courses of continuing education.
 1034         (d) Each category I liquefied petroleum gas dealer or
 1035  liquefied petroleum gas installer licensed as of August 31,
 1036  2000, shall identify to the department one current category I
 1037  liquefied petroleum gas dealer qualifier or liquefied petroleum
 1038  gas installer qualifier who will be the designated master
 1039  qualifier for the licenseholder. Such individual must provide
 1040  proof of employment for 3 years or more within the liquefied
 1041  petroleum gas industry, and shall, upon approval of the
 1042  department, be granted a master qualifier certificate. All other
 1043  requirements with regard to master qualifier certificate
 1044  expiration, renewal, and continuing education shall apply.
 1045         (6) A vacancy in a qualifier or master qualifier position
 1046  in a business organization which results from the departure of
 1047  the qualifier or master qualifier shall be immediately reported
 1048  to the department by the departing qualifier or master qualifier
 1049  and the licensed company.
 1050         (a) If a business organization no longer possesses a duly
 1051  designated qualifier, as required by this section, its liquefied
 1052  petroleum gas licenses shall be suspended by order of the
 1053  department after 20 working days. The license shall remain
 1054  suspended until a competent qualifier has been employed, the
 1055  order of suspension terminated by the department, and the
 1056  license reinstated. A vacancy in the qualifier position for a
 1057  period of more than 20 working days shall be deemed to
 1058  constitute an immediate threat to the public health, safety, and
 1059  welfare. Failure to obtain a replacement qualifier within 60
 1060  days after the vacancy occurs shall be grounds for revocation of
 1061  licensure or eligibility for licensure.
 1062         (b) Any category I or category V licensee liquefied
 1063  petroleum gas dealer or LP gas installer who no longer possesses
 1064  a master qualifier but currently employs a category I liquefied
 1065  petroleum gas dealer or LP gas installer qualifier as required
 1066  by this section, has shall have 60 days within which to replace
 1067  the master qualifier. If the company fails to replace the master
 1068  qualifier within the 60-day time period, the license of the
 1069  company shall be suspended by order of the department. The
 1070  license shall remain suspended until a competent master
 1071  qualifier has been employed, the order of suspension has been
 1072  terminated by the department, and the license reinstated.
 1073  Failure to obtain a replacement master qualifier within 90 days
 1074  after the vacancy occurs shall be grounds for revocation of
 1075  licensure or eligibility for licensure.
 1076         (7) The department may deny, refuse to renew, suspend, or
 1077  revoke any qualifier card or master qualifier registration
 1078  certificate for any of the following causes:
 1079         (a) Violation of any provision of this chapter or any rule
 1080  or order of the department;
 1081         (b) Falsification of records relating to the qualifier card
 1082  or master qualifier registration certificate; or
 1083         (c) Failure to meet any of the renewal requirements.
 1084         (8) Any individual having competency qualifications on file
 1085  with the department may request the transfer of such
 1086  qualifications to any existing licenseholder by making a written
 1087  request to the department for such transfer. Any individual
 1088  having a competency examination on file with the department may
 1089  use such examination for a new license application after making
 1090  application in writing to the department. All examinations are
 1091  confidential and exempt from the provisions of s. 119.07(1).
 1092         (9) If a duplicate license, qualifier card, or master
 1093  qualifier registration certificate is requested by the licensee,
 1094  a fee of $10 must be received before issuance of the duplicate
 1095  license or certificate card. If a facsimile transmission of an
 1096  original license is requested, upon completion of the
 1097  transmission a fee of $10 must be received by the department
 1098  before the original license may be mailed to the requester.
 1099         (10) All revenues collected herein shall be deposited in
 1100  the General Inspection Trust Fund for the purpose of
 1101  administering the provisions of this chapter.
 1102         Section 21. Section 527.021, Florida Statutes, is amended
 1103  to read:
 1104         527.021 Registration of transport vehicles.—
 1105         (1) Each liquefied petroleum gas bulk delivery vehicle
 1106  owned or leased by a liquefied petroleum gas licensee must be
 1107  registered with the department as part of the licensing
 1108  application or when placed into service annually.
 1109         (2) For the purposes of this section, a “liquefied
 1110  petroleum gas bulk delivery vehicle” means any vehicle that is
 1111  used to transport liquefied petroleum gas on any public street
 1112  or highway as liquid cargo in a cargo tank, which tank is
 1113  mounted on a conventional truck chassis or is an integral part
 1114  of a transporting vehicle in which the tank constitutes, in
 1115  whole or in part, the stress member used as a frame and is a
 1116  permanent part of the transporting vehicle.
 1117         (3) Vehicle registrations shall be submitted by the vehicle
 1118  owner or lessee in conjunction with the annual renewal of his or
 1119  her liquefied petroleum gas license, but no later than August 31
 1120  of each year. A dealer who fails to register a vehicle with the
 1121  department does not submit the required vehicle registration by
 1122  August 31 of each year is subject to the penalties in s. 527.13.
 1123         (4) The department shall issue a decal to be placed on each
 1124  vehicle that is inspected by the department and found to be in
 1125  compliance with applicable codes.
 1126         Section 22. Section 527.03, Florida Statutes, is amended to
 1127  read:
 1128         527.03 Annual Renewal of license.—All licenses required
 1129  under this chapter shall be renewed annually, biennially, or
 1130  triennially, as elected by the licensee, subject to the license
 1131  fees prescribed in s. 527.02. All renewals must meet the same
 1132  requirements and conditions as an annual license for each
 1133  licensed year All licenses, except Category III Liquefied
 1134  Petroleum Gas Cylinder Exchange Unit Operator licenses and
 1135  Dealer in Appliances and Equipment for Use of Liquefied
 1136  Petroleum Gas licenses, shall be renewed for the period
 1137  beginning September 1 and shall expire on the following August
 1138  31 unless sooner suspended, revoked, or otherwise terminated.
 1139  Category III Liquefied Petroleum Gas Cylinder Exchange Unit
 1140  Operator licenses and Dealer in Appliances and Equipment for Use
 1141  of Liquefied Petroleum Gas licenses shall be renewed for the
 1142  period beginning April 1 and shall expire on the following March
 1143  31 unless sooner suspended, revoked, or otherwise terminated.
 1144  Any license allowed to expire will shall become inoperative
 1145  because of failure to renew. The fee for restoration of a
 1146  license is equal to the original license fee and must be paid
 1147  before the licensee may resume operations.
 1148         Section 23. Section 527.04, Florida Statutes, is amended to
 1149  read:
 1150         527.04 Proof of insurance required.—
 1151         (1) Before any license is issued, except to a category IV
 1152  dealer in appliances and equipment for use of liquefied
 1153  petroleum gas or a category III liquefied petroleum gas cylinder
 1154  exchange operator, the applicant must deliver to the department
 1155  satisfactory evidence that the applicant is covered by a primary
 1156  policy of bodily injury liability and property damage liability
 1157  insurance that covers the products and operations with respect
 1158  to such business and is issued by an insurer authorized to do
 1159  business in this state for an amount not less than $1 million
 1160  and that the premium on such insurance is paid. An insurance
 1161  certificate, affidavit, or other satisfactory evidence of
 1162  acceptable insurance coverage shall be accepted as proof of
 1163  insurance. In lieu of an insurance policy, the applicant may
 1164  deliver a good and sufficient bond in the amount of $1 million,
 1165  payable to the Commissioner of Agriculture Governor of Florida,
 1166  with the applicant as principal and a surety company authorized
 1167  to do business in this state as surety. The bond must be
 1168  conditioned upon the applicant’s compliance with this chapter
 1169  and the rules of the department with respect to the conduct of
 1170  such business and shall indemnify and hold harmless all persons
 1171  from loss or damage by reason of the applicant’s failure to
 1172  comply. However, the aggregated liability of the surety may not
 1173  exceed $1 million. If the insurance policy is canceled or
 1174  otherwise terminated or the bond becomes insufficient, the
 1175  department may require new proof of insurance or a new bond to
 1176  be filed, and if the licenseholder fails to comply, the
 1177  department shall cancel the license issued and give the
 1178  licenseholder written notice that it is unlawful to engage in
 1179  business without a license. A new bond is not required as long
 1180  as the original bond remains sufficient and in force. If the
 1181  licenseholder’s insurance coverage as required by this
 1182  subsection is canceled or otherwise terminated, the insurer must
 1183  notify the department within 30 days after the cancellation or
 1184  termination.
 1185         (2) Before any license is issued to a category class III
 1186  liquefied petroleum gas cylinder exchange operator, the
 1187  applicant must deliver to the department satisfactory evidence
 1188  that the applicant is covered by a primary policy of bodily
 1189  injury liability and property damage liability insurance that
 1190  covers the products and operations with respect to the business
 1191  and is issued by an insurer authorized to do business in this
 1192  state for an amount not less than $300,000 and that the premium
 1193  on the insurance is paid. An insurance certificate, affidavit,
 1194  or other satisfactory evidence of acceptable insurance coverage
 1195  shall be accepted as proof of insurance. In lieu of an insurance
 1196  policy, the applicant may deliver a good and sufficient bond in
 1197  the amount of $300,000, payable to the Commissioner of
 1198  Agriculture Governor, with the applicant as principal and a
 1199  surety company authorized to do business in this state as
 1200  surety. The bond must be conditioned upon the applicant’s
 1201  compliance with this chapter and the rules of the department
 1202  with respect to the conduct of such business and must indemnify
 1203  and hold harmless all persons from loss or damage by reason of
 1204  the applicant’s failure to comply. However, the aggregated
 1205  liability of the surety may not exceed $300,000. If the
 1206  insurance policy is canceled or otherwise terminated or the bond
 1207  becomes insufficient, the department may require new proof of
 1208  insurance or a new bond to be filed, and if the licenseholder
 1209  fails to comply, the department shall cancel the license issued
 1210  and give the licenseholder written notice that it is unlawful to
 1211  engage in business without a license. A new bond is not required
 1212  as long as the original bond remains sufficient and in force. If
 1213  the licenseholder’s insurance coverage required by this
 1214  subsection is canceled or otherwise terminated, the insurer must
 1215  notify the department within 30 days after the cancellation or
 1216  termination.
 1217         (3) Any person having a cause of action on the bond may
 1218  bring suit against the principal and surety, and a copy of such
 1219  bond duly certified by the department shall be received in
 1220  evidence in the courts of this state without further proof. The
 1221  department shall furnish a certified copy of the such bond upon
 1222  payment to it of its lawful fee for making and certifying such
 1223  copy.
 1224         Section 24. Section 527.0605, Florida Statutes, is amended
 1225  to read:
 1226         527.0605 Liquefied petroleum gas bulk storage locations;
 1227  jurisdiction.—
 1228         (1) The provisions of this chapter shall apply to liquefied
 1229  petroleum gas bulk storage locations when:
 1230         (a) A single container in the bulk storage location has a
 1231  capacity of 2,000 gallons or more;
 1232         (b) The aggregate container capacity of the bulk storage
 1233  location is 4,000 gallons or more; or
 1234         (c) A container or containers are installed for the purpose
 1235  of serving the public the liquid product.
 1236         (2) Prior to the installation of any bulk storage
 1237  container, the licensee must submit to the department a site
 1238  plan of the facility which shows the proposed location of the
 1239  container and must obtain written approval of such location from
 1240  the department.
 1241         (3) A fee of $200 shall be assessed for each site plan
 1242  reviewed by the division. The review shall include
 1243  preconstruction inspection of the proposed site, plan review,
 1244  and final inspection of the completed facility.
 1245         (2)(4) No newly installed container may be placed in
 1246  operation until it has been inspected and approved by the
 1247  department.
 1248         Section 25. Subsection (1) of section 527.065, Florida
 1249  Statutes, is amended to read:
 1250         527.065 Notification of accidents; leak calls.—
 1251         (1) Immediately upon discovery, all liquefied petroleum gas
 1252  licensees shall notify the department of any liquefied petroleum
 1253  gas-related accident involving a liquefied petroleum gas
 1254  licensee or customer account:
 1255         (a) Which caused a death or personal injury requiring
 1256  professional medical treatment;
 1257         (b) Where uncontrolled ignition of liquefied petroleum gas
 1258  resulted in death, personal injury, or property damage exceeding
 1259  $3,000 $1,000; or
 1260         (c) Which caused estimated damage to property exceeding
 1261  $3,000 $1,000.
 1262         Section 26. Section 527.10, Florida Statutes, is amended to
 1263  read:
 1264         527.10 Restriction on use of unsafe container or system.—No
 1265  liquefied petroleum gas shall be introduced into or removed from
 1266  any container or system in this state that has been identified
 1267  by the department or its duly authorized inspectors as not
 1268  complying with the rules pertaining to such container or system,
 1269  until such violations as specified have been satisfactorily
 1270  corrected and authorization for continued service or removal
 1271  granted by the department. A statement of violations of the
 1272  rules that render such a system unsafe for use shall be
 1273  furnished in writing by the department to the ultimate consumer
 1274  or dealer in liquefied petroleum gas.
 1275         Section 27. Subsections (3) and (17) of section 527.21,
 1276  Florida Statutes, are amended to read:
 1277         527.21 Definitions relating to Florida Propane Gas
 1278  Education, Safety, and Research Act.—As used in ss. 527.20
 1279  527.23, the term:
 1280         (3) “Dealer” means a business engaged primarily in selling
 1281  propane gas and its appliances and equipment to the ultimate
 1282  consumer or to retail propane gas dispensers.
 1283         (17) “Wholesaler” or “reseller” means a seller of propane
 1284  gas who is not a producer and who does not sell propane gas to
 1285  the ultimate consumer.
 1286         Section 28. Paragraph (a) of subsection (2) of section
 1287  527.22, Florida Statutes, is amended to read:
 1288         527.22 Florida Propane Gas Education, Safety, and Research
 1289  Council established; membership; duties and responsibilities.—
 1290         (2)(a) Within 90 days after the effective date of this act,
 1291  the commissioner shall make a call to qualified industry
 1292  organizations for nominees to the council. The commissioner
 1293  shall appoint members of the council from a list of nominees
 1294  submitted by qualified industry organizations. The commissioner
 1295  may require such reports or documentation as is necessary to
 1296  document the nomination process for members of the council.
 1297  Qualified industry organizations, in making nominations, and the
 1298  commissioner, in making appointments, shall give due regard to
 1299  selecting a council that is representative of the industry and
 1300  the geographic regions of the state. Other than the public
 1301  member, council members must be full-time employees or owners of
 1302  propane gas producers or dealers doing business in this state.
 1303         Section 29. Section 531.67, Florida Statutes, is amended to
 1304  read:
 1305         531.67 Expiration of sections.—Sections 531.60, 531.61,
 1306  531.62, 531.63, 531.64, 531.65, and 531.66 shall expire July 1,
 1307  2025 2020.
 1308         Section 30. Subsection (46) is added to section 570.07,
 1309  Florida Statutes, to read:
 1310         570.07 Department of Agriculture and Consumer Services;
 1311  functions, powers, and duties.—The department shall have and
 1312  exercise the following functions, powers, and duties:
 1313         (46) During a state of emergency declared pursuant to s.
 1314  252.36, to waive fees by emergency order for duplicate copies or
 1315  renewal of permits, licenses, certifications, or other similar
 1316  types of authorizations during a period specified by the
 1317  commissioner.
 1318         Section 31. Section 573.111, Florida Statutes, is amended
 1319  to read:
 1320         573.111 Notice of effective date of marketing order.—Before
 1321  the issuance of any marketing order, or any suspension,
 1322  amendment, or termination thereof, a notice must shall be posted
 1323  on a public bulletin board to be maintained by the department in
 1324  the Division of Marketing and Development of the department in
 1325  the Nathan Mayo Building, Tallahassee, Leon County, and a copy
 1326  of the notice shall be posted on the department website the same
 1327  date that the notice is posted on the bulletin board. A No
 1328  marketing order, or any suspension, amendment, or termination
 1329  thereof, may not shall become effective until the termination of
 1330  a period of 5 days after from the date of posting and
 1331  publication.
 1332         Section 32. Section 578.011, Florida Statutes, is amended
 1333  to read:
 1334         578.011 Definitions; Florida Seed Law.—When used in this
 1335  chapter, the term:
 1336         (1) “Advertisement” means all representations, other than
 1337  those on the label, disseminated in any manner or by any means,
 1338  relating to seed within the scope of this law.
 1339         (2) “Agricultural seed” includes the seed of grass, forage,
 1340  cereal and fiber crops, and chufas and any other seed commonly
 1341  recognized within the state as agricultural seed, lawn seed, and
 1342  combinations of such seed, and may include identified noxious
 1343  weed seed when the department determines that such seed is being
 1344  used as agricultural seed or field seed and mixtures of such
 1345  seed.
 1346         (3)“Blend” means seed consisting of more than one variety
 1347  of one kind, each present in excess of 5 percent by weight of
 1348  the whole.
 1349         (4)“Buyer” means a person who purchases agricultural,
 1350  vegetable, flower, tree, or shrub seed in packaging of 1,000
 1351  seeds or more by count.
 1352         (5)“Brand” means a distinguishing word, name, symbol,
 1353  number, or design used to identify seed produced, packaged,
 1354  advertised, or offered for sale by a particular person.
 1355         (6)(3) “Breeder seed” means a class of certified seed
 1356  directly controlled by the originating or sponsoring plant
 1357  breeding institution or person, or designee thereof, and is the
 1358  source for the production of seed of the other classes of
 1359  certified seed that are released directly from the breeder or
 1360  experiment station that develops the seed. These seed are one
 1361  class above foundation seed.
 1362         (7)(4) “Certified seed,means a class of seed which is the
 1363  progeny of breeder, foundation, or registered seed “registered
 1364  seed,” and “foundation seed” mean seed that have been produced
 1365  and labeled in accordance with the procedures and in compliance
 1366  with the rules and regulations of any agency authorized by the
 1367  laws of this state or the laws of another state.
 1368         (8)“Certifying agency” means:
 1369         (a)An agency authorized under the laws of a state,
 1370  territory, or possession of the United States to officially
 1371  certify seed and which has standards and procedures approved by
 1372  the United States Secretary of Agriculture to assure the genetic
 1373  purity and identity of the seed certified; or
 1374         (b)An agency of a foreign country that the United States
 1375  Secretary of Agriculture has determined as adhering to
 1376  procedures and standards for seed certification comparable to
 1377  those adhered to generally by seed certifying agencies under
 1378  paragraph (a).
 1379         (9)“Coated seed” means seed that has been covered by a
 1380  layer of materials that obscures the original shape and size of
 1381  the seed and substantially increases the weight of the product.
 1382  The addition of biologicals, pesticides, identifying colorants
 1383  or dyes, or other active ingredients including polymers may be
 1384  included in this process.
 1385         (10)(5) “Date of test” means the month and year the
 1386  percentage of germination appearing on the label was obtained by
 1387  laboratory test.
 1388         (11)(6) “Dealer” means any person who sells or offers for
 1389  sale any agricultural, vegetable, flower, or forest tree, or
 1390  shrub seed for seeding purposes, and includes farmers who sell
 1391  cleaned, processed, packaged, and labeled seed.
 1392         (12)(7) “Department” means the Department of Agriculture
 1393  and Consumer Services or its authorized representative.
 1394         (13)(8) “Dormant seed” refers to viable seed, other than
 1395  hard seed, which neither germinate nor decay during the
 1396  prescribed test period and under the prescribed test conditions.
 1397         (14)(9) “Flower seed” includes seed of herbaceous plants
 1398  grown for blooms, ornamental foliage, or other ornamental parts,
 1399  and commonly known and sold under the name of flower or
 1400  wildflower seed in this state.
 1401         (10) “Forest tree seed” includes seed of woody plants
 1402  commonly known and sold as forest tree seed.
 1403         (15)“Foundation seed” means a class of certified seed
 1404  which is the progeny of breeder or other foundation seed and is
 1405  produced and handled under procedures established by the
 1406  certifying agency, in accordance with this part, for producing
 1407  foundation seed, for the purpose of maintaining genetic purity
 1408  and identity.
 1409         (16)(11) “Germination” means the emergence and development
 1410  from the seed embryo of those essential structures which, for
 1411  the kind of seed in question, are indicative of the ability to
 1412  produce a normal plant under favorable conditions percentage of
 1413  seed capable of producing normal seedlings under ordinarily
 1414  favorable conditions. Broken seedlings and weak, malformed and
 1415  obviously abnormal seedlings shall not be considered to have
 1416  germinated.
 1417         (17)(12) “Hard seed” means seeds that remain hard at the
 1418  end of a prescribed test period because they have not absorbed
 1419  water due to an impermeable seed coat the percentage of seed
 1420  which because of hardness or impermeability did not absorb
 1421  moisture or germinate under prescribed tests but remain hard
 1422  during the period prescribed for germination of the kind of seed
 1423  concerned.
 1424         (18)(13) “Hybrid” means the first generation seed of a
 1425  cross produced by controlling the pollination and by combining:
 1426         (a) Two or more inbred lines;
 1427         (b) One inbred or a single cross with an open-pollinated
 1428  variety; or
 1429         (c) Two varieties or species, except open-pollinated
 1430  varieties of corn (Zea mays).
 1431  
 1432  The second generation or subsequent generations from such
 1433  crosses may shall not be regarded as hybrids. Hybrid
 1434  designations shall be treated as variety names.
 1435         (19)(14) “Inert matter” means all matter that is not a full
 1436  seed includes broken seed when one-half in size or less; seed of
 1437  legumes or crucifers with the seed coats removed; undeveloped
 1438  and badly injured weed seed such as sterile dodder which, upon
 1439  visual examination, are clearly incapable of growth; empty
 1440  glumes of grasses; attached sterile glumes of grasses (which
 1441  must be removed from the fertile glumes except in Rhodes grass);
 1442  dirt, stone, chaff, nematode, fungus bodies, and any matter
 1443  other than seed.
 1444         (20)(15) “Kind” means one or more related species or
 1445  subspecies which singly or collectively is known by one common
 1446  name; e.g., corn, beans, lespedeza.
 1447         (21)“Label” means the display or displays of written or
 1448  printed material upon or attached to a container of seed.
 1449         (22)(16) “Labeling” includes all labels and other written,
 1450  printed, or graphic representations, in any form, accompanying
 1451  and pertaining to any seed, whether in bulk or in containers,
 1452  and includes invoices and other bills of shipment when sold in
 1453  bulk.
 1454         (23)(17) “Lot of seed” means a definite quantity of seed
 1455  identified by a lot number or other mark identification, every
 1456  portion or bag of which is uniform within recognized tolerances
 1457  for the factors that appear in the labeling, for the factors
 1458  which appear in the labeling, within permitted tolerances.
 1459         (24)(18)“Mix,” “mixed,” or “mixture” means seed consisting
 1460  of more than one kind or variety, each present in excess of 5
 1461  percent by weight of the whole.
 1462         (25)“Mulch” means a protective covering of any suitable
 1463  substance placed with seed which acts to retain sufficient
 1464  moisture to support seed germination and sustain early seedling
 1465  growth and aid in the prevention of the evaporation of soil
 1466  moisture, the control of weeds, and the prevention of erosion.
 1467         (26)“Noxious weed seed” means seed in one of two classes
 1468  of seed:
 1469         (a)“Prohibited noxious weed seed” means the seed of weeds
 1470  that are highly destructive and difficult to control by good
 1471  cultural practices and the use of herbicides.
 1472         (b)“Restricted noxious weed seed” means weed seeds that
 1473  are objectionable in agricultural crops, lawns, and gardens of
 1474  this state and which can be controlled by good agricultural
 1475  practices or the use of herbicides.
 1476         (27)(19) “Origin” means the state, District of Columbia,
 1477  Puerto Rico, or possession of the United States, or the foreign
 1478  country where the seed were grown, except for native species,
 1479  where the term means the county or collection zone and the state
 1480  where the seed were grown for forest tree seed, with respect to
 1481  which the term “origin” means the county or state forest service
 1482  seed collection zone and the state where the seed were grown.
 1483         (28)(20) “Other crop seed” includes all seed of plants
 1484  grown in this state as crops, other than the kind or kind and
 1485  variety included in the pure seed, when not more than 5 percent
 1486  of the whole of a single kind or variety is present, unless
 1487  designated as weed seed.
 1488         (29)“Packet seed” means seed prepared for use in home
 1489  gardens and household plantings packaged in labeled, sealed
 1490  containers of less than 8 ounces and typically sold from seed
 1491  racks or displays in retail establishments, via the Internet, or
 1492  through mail order.
 1493         (30)(21) “Processing” means conditioning, cleaning,
 1494  scarifying, or blending to obtain uniform quality and other
 1495  operations which would change the purity or germination of the
 1496  seed and, therefore, require retesting to determine the quality
 1497  of the seed.
 1498         (22) “Prohibited noxious weed seed” means the seed and
 1499  bulblets of perennial weeds such as not only reproduce by seed
 1500  or bulblets, but also spread by underground roots or stems and
 1501  which, when established, are highly destructive and difficult to
 1502  control in this state by ordinary good cultural practice.
 1503         (31)(23) “Pure seed” means the seed, exclusive of inert
 1504  matter, of the kind or kind and variety of seed declared on the
 1505  label or tag includes all seed of the kind or kind and variety
 1506  or strain under consideration, whether shriveled, cracked, or
 1507  otherwise injured, and pieces of broken seed larger than one
 1508  half the original size.
 1509         (32)(24) “Record” includes the symbol identifying the seed
 1510  as to origin, amount, processing, testing, labeling, and
 1511  distribution, file sample of the seed, and any other document or
 1512  instrument pertaining to the purchase, sale, or handling of
 1513  agricultural, vegetable, flower, or forest tree, or shrub seed.
 1514  Such information includes seed samples and records of
 1515  declarations, labels, purchases, sales, conditioning, bulking,
 1516  treatment, handling, storage, analyses, tests, and examinations.
 1517         (33)“Registered seed” means a class of certified seed
 1518  which is the progeny of breeder or foundation seed and is
 1519  produced and handled under procedures established by the
 1520  certifying agency, in accordance with this part, for the purpose
 1521  of maintaining genetic purity and identity.
 1522         (25) “Restricted noxious weed seed” means the seed of such
 1523  weeds as are very objectionable in fields, lawns, or gardens of
 1524  this state, but can be controlled by good cultural practice.
 1525  Seed of poisonous plants may be included.
 1526         (34)“Shrub seed” means seed of a woody plant that is
 1527  smaller than a tree and has several main stems arising at or
 1528  near the ground.
 1529         (35)(26) “Stop-sale” means any written or printed notice or
 1530  order issued by the department to the owner or custodian of any
 1531  lot of agricultural, vegetable, flower, or forest tree, or shrub
 1532  seed in the state, directing the owner or custodian not to sell
 1533  or offer for sale seed designated by the order within the state
 1534  until the requirements of this law are complied with and a
 1535  written release has been issued; except that the seed may be
 1536  released to be sold for feed.
 1537         (36)(27) “Treated” means that the seed has been given an
 1538  application of a material or subjected to a process designed to
 1539  control or repel disease organisms, insects, or other pests
 1540  attacking seed or seedlings grown therefrom to improve its
 1541  planting value or to serve any other purpose.
 1542         (37)“Tree seed” means seed of a woody perennial plant
 1543  typically having a single stem or trunk growing to a
 1544  considerable height and bearing lateral branches at some
 1545  distance from the ground.
 1546         (38)(28) “Type” means a group of varieties so nearly
 1547  similar that the individual varieties cannot be clearly
 1548  differentiated except under special conditions.
 1549         (39)(29) “Variety” means a subdivision of a kind which is
 1550  distinct in the sense that the variety can be differentiated by
 1551  one or more identifiable morphological, physiological, or other
 1552  characteristics from all other varieties of public knowledge;
 1553  uniform in the sense that the variations in essential and
 1554  distinctive characteristics are describable; and stable in the
 1555  sense that the variety will remain unchanged in its essential
 1556  and distinctive characteristics and its uniformity when
 1557  reproduced or reconstituted characterized by growth, plant
 1558  fruit, seed, or other characteristics by which it can be
 1559  differentiated from other sorts of the same kind; e.g.,
 1560  Whatley’s Prolific corn, Bountiful beans, Kobe lespedeza.
 1561         (40)(30) “Vegetable seed” means the seed of those crops
 1562  that which are grown in gardens or on truck farms, and are
 1563  generally known and sold under the name of vegetable seed or
 1564  herb seed in this state.
 1565         (41)(31) “Weed seed” includes the seed of all plants
 1566  generally recognized as weeds within this state, and includes
 1567  prohibited and restricted noxious weed seed, bulblets, and
 1568  tubers, and any other vegetative propagules.
 1569         Section 33. Section 578.012, Florida Statutes, is created
 1570  to read:
 1571         578.012 Preemption.—
 1572         (1)It is the intent of the Legislature to eliminate
 1573  duplication of regulation of seed. As such, this chapter is
 1574  intended as comprehensive and exclusive and occupies the whole
 1575  field of regulation of seed.
 1576         (2)The authority to regulate seed or matters relating to
 1577  seed in this state is preempted to the state. A local government
 1578  or political subdivision of the state may not enact or enforce
 1579  an ordinance that regulates seed, including the power to assess
 1580  any penalties provided for violation of this chapter.
 1581         Section 34. Section 578.08, Florida Statutes, is amended to
 1582  read:
 1583         578.08 Registrations.—
 1584         (1) Every person, except as provided in subsection (4) and
 1585  s. 578.14, before selling, distributing for sale, offering for
 1586  sale, exposing for sale, handling for sale, or soliciting orders
 1587  for the purchase of any agricultural, vegetable, flower, or
 1588  forest tree, or shrub seed or mixture thereof, shall first
 1589  register with the department as a seed dealer. The application
 1590  for registration must include the name and location of each
 1591  place of business at which the seed is sold, distributed for
 1592  sale, offered for sale, exposed for sale, or handled for sale.
 1593  The application must for registration shall be filed with the
 1594  department by using a form prescribed by the department or by
 1595  using the department’s website and shall be accompanied by an
 1596  annual registration fee for each such place of business based on
 1597  the gross receipts from the sale of such seed for the last
 1598  preceding license year as follows:
 1599         (a)1. Receipts of less than $500, a fee of $10.
 1600         2. Receipts of $500 or more but less than $1,000, a fee of
 1601  $25.
 1602         3. Receipts of $1,000 or more but less than $2,500, a fee
 1603  of $100.
 1604         4. Receipts of $2,500 or more but less than $5,000, a fee
 1605  of $200.
 1606         5. Receipts of $5,000 or more but less than $10,000, a fee
 1607  of $350.
 1608         6. Receipts of $10,000 or more but less than $20,000, a fee
 1609  of $800.
 1610         7. Receipts of $20,000 or more but less than $40,000, a fee
 1611  of $1,000.
 1612         8. Receipts of $40,000 or more but less than $70,000, a fee
 1613  of $1,200.
 1614         9. Receipts of $70,000 or more but less than $150,000, a
 1615  fee of $1,600.
 1616         10. Receipts of $150,000 or more but less than $400,000, a
 1617  fee of $2,400.
 1618         11. Receipts of $400,000 or more, a fee of $4,600.
 1619         (b) For places of business not previously in operation, the
 1620  fee shall be based on anticipated receipts for the first license
 1621  year.
 1622         (2) A written receipt from the department of the
 1623  registration and payment of the fee shall constitute a
 1624  sufficient permit for the dealer to engage in or continue in the
 1625  business of selling, distributing for sale, offering or exposing
 1626  for sale, handling for sale, or soliciting orders for the
 1627  purchase of any agricultural, vegetable, flower, or forest tree,
 1628  or shrub seed within the state. However, the department has
 1629  shall have authority to suspend or revoke any permit for the
 1630  violation of any provision of this law or of any rule adopted
 1631  under authority hereof. The registration shall expire on June 30
 1632  of the next calendar year and shall be renewed on July 1 of each
 1633  year. If any person subject to the requirements of this section
 1634  fails to comply, the department may issue a stop-sale notice or
 1635  order which shall prohibit the person from selling or causing to
 1636  be sold any agricultural, vegetable, flower, or forest tree, or
 1637  shrub seed until the requirements of this section are met.
 1638         (3) Every person selling, distributing for sale, offering
 1639  for sale, exposing for sale, handling for sale, or soliciting
 1640  orders for the purchase of any agricultural, vegetable, flower,
 1641  or forest tree, or shrub seed in the state other than as
 1642  provided in subsection (4) s. 578.14, shall be subject to the
 1643  requirements of this section; except that agricultural
 1644  experiment stations of the State University System shall not be
 1645  subject to the requirements of this section.
 1646         (4) The provisions of This chapter does shall not apply to
 1647  farmers who sell only uncleaned, unprocessed, unpackaged, and
 1648  unlabeled seed, but shall apply to farmers who sell cleaned,
 1649  processed, packaged, and labeled seed in amounts in excess of
 1650  $10,000 in any one year.
 1651         (5)When packet seed is sold, offered for sale, or exposed
 1652  for sale, the company who packs seed for retail sale must
 1653  register and pay fees as provided under subsection (1).
 1654         Section 35. Section 578.09, Florida Statutes, is amended to
 1655  read:
 1656         578.09 Label requirements for agricultural, vegetable,
 1657  flower, tree, or shrub seeds.—Each container of agricultural,
 1658  vegetable, or flower, tree, or shrub seed which is sold, offered
 1659  for sale, exposed for sale, or distributed for sale within this
 1660  state for sowing or planting purposes must shall bear thereon or
 1661  have attached thereto, in a conspicuous place, a label or labels
 1662  containing all information required under this section, plainly
 1663  written or printed label or tag in the English language, in
 1664  Century type. All data pertaining to analysis must shall appear
 1665  on a single label. Language setting forth the requirements for
 1666  filing and serving complaints as described in s. 578.26(1)(c)
 1667  must s. 578.26(1)(b) shall be included on the analysis label or
 1668  be otherwise attached to the package, except for packages
 1669  containing less than 1,000 seeds by count.
 1670         (1) FOR TREATED SEED.— For all treated agricultural,
 1671  vegetable, or flower, tree, or shrub seed treated as defined in
 1672  this chapter:
 1673         (a) A word or statement indicating that the seed has been
 1674  treated or description of process used.
 1675         (b) The commonly accepted coined, chemical, or abbreviated
 1676  chemical (generic) name of the applied substance or description
 1677  of the process used and the words “poison treated” in red
 1678  letters, in not less than 1/4-inch type.
 1679         (c) If the substance in the amount present with the seed is
 1680  harmful to humans or other vertebrate animals, a caution
 1681  statement such as “Do not use for food, feed, or oil purposes.”
 1682  The caution for mercurials, Environmental Protection Agency
 1683  Toxicity Category 1 as referenced in 7 C.F.R. 201.31a(c)(2), and
 1684  similarly toxic substances shall be designated by a poison
 1685  statement or symbol.
 1686         (d) Rate of application or statement “Treated at
 1687  manufacturer’s recommended rate.”
 1688         (d)(e) If the seed is treated with an inoculant, the date
 1689  beyond which the inoculant is not to be considered effective
 1690  (date of expiration).
 1691  
 1692  A label separate from other labels required by this section or
 1693  other law may be used to identify seed treatments as required by
 1694  this subsection.
 1695         (2) For agricultural seed, including lawn and turf grass
 1696  seed and mixtures thereof: AGRICULTURAL SEED.—
 1697         (a) Commonly accepted The name of the kind and variety of
 1698  each agricultural seed component present in excess of 5 percent
 1699  of the whole, and the percentage by weight of each in the order
 1700  of its predominance. Where more than one component is required
 1701  to be named, the word “mixed,” “mixture,” or blend” the word
 1702  “mixed” shall be shown conspicuously on the label. Hybrids must
 1703  be labeled as hybrids.
 1704         (b) Lot number or other lot identification.
 1705         (c) Net weight or seed count.
 1706         (d) Origin, if known. If the origin is ; if unknown, that
 1707  fact must shall be stated.
 1708         (e) Percentage by weight of all weed seed.
 1709         (f) The Name and number of noxious weed seed per pound, if
 1710  present per pound of each kind of restricted noxious weed seed.
 1711         (g) Percentage by weight of agricultural seed which may be
 1712  designated as other crop seed, other than those required to be
 1713  named on the label.
 1714         (h) Percentage by weight of inert matter.
 1715         (i) For each named agricultural seed, including lawn and
 1716  turf grass seed:
 1717         1. Percentage of germination, exclusive of hard or dormant
 1718  seed;
 1719         2. Percentage of hard or dormant seed, if when present, if
 1720  desired; and
 1721         3. The calendar month and year the test was completed to
 1722  determine such percentages, provided that the germination test
 1723  must have been completed within the previous 9 months, exclusive
 1724  of the calendar month of test.
 1725         (j) Name and address of the person who labeled said seed or
 1726  who sells, distributes, offers, or exposes said seed for sale
 1727  within this state.
 1728  
 1729  The sum total of the percentages listed pursuant to paragraphs
 1730  (a),(e),(g), and (h) must be equal to 100 percent.
 1731         (3) For seed that is coated:
 1732         (a)Percentage by weight of pure seed with coating material
 1733  removed. The percentage of coating material may be included with
 1734  the inert matter percentage or may be listed separately.
 1735         (b)Percentage of germination. This percentage must be
 1736  determined based on an examination of 400 coated units with or
 1737  without seed.
 1738  
 1739  In addition to the requirements of this subsection, labeling of
 1740  coated seed must also comply with the requirements of any other
 1741  subsection pertaining to that type of seed. FOR VEGETABLE SEED
 1742  IN CONTAINERS OF 8 OUNCES OR MORE.—
 1743         (a) Name of kind and variety of seed.
 1744         (b) Net weight or seed count.
 1745         (c) Lot number or other lot identification.
 1746         (d) Percentage of germination.
 1747         (e) Calendar month and year the test was completed to
 1748  determine such percentages.
 1749         (f) Name and address of the person who labeled said seed or
 1750  who sells, distributes, offers or exposes said seed for sale
 1751  within this state.
 1752         (g) For seed which germinate less than the standard last
 1753  established by the department the words “below standard,” in not
 1754  less than 8-point type, must be printed or written in ink on the
 1755  face of the tag, in addition to the other information required.
 1756  Provided, that no seed marked “below standard” shall be sold
 1757  which falls more than 20 percent below the standard for such
 1758  seed which has been established by the department, as authorized
 1759  by this law.
 1760         (h) The name and number of restricted noxious weed seed per
 1761  pound.
 1762         (4) For combination mulch, seed, and fertilizer products:
 1763         (a)The word “combination” followed, as appropriate, by the
 1764  words “mulch - seed – fertilizer” must appear prominently on the
 1765  principal display panel of the package.
 1766         (b)If the product is an agricultural seed placed in a
 1767  germination medium, mat, tape, or other device or is mixed with
 1768  mulch or fertilizer, it must also be labeled with all of the
 1769  following:
 1770         1.Product name.
 1771         2.Lot number or other lot identification.
 1772         3.Percentage by weight of pure seed of each kind and
 1773  variety named which may be less than 5 percent of the whole.
 1774         4.Percentage by weight of other crop seed.
 1775         5.Percentage by weight of inert matter.
 1776         6.Percentage by weight of weed seed.
 1777         7.Name and number of noxious weed seeds per pound, if
 1778  present.
 1779         8.Percentage of germination, and hard or dormant seed if
 1780  appropriate, of each kind or kind and variety named. The
 1781  germination test must have been completed within the previous 12
 1782  months exclusive of the calendar month of test.
 1783         9.The calendar month and year the test was completed to
 1784  determine such percentages.
 1785         10.Name and address of the person who labeled the seed, or
 1786  who sells, offers, or exposes the seed for sale within the
 1787  state.
 1788  
 1789  The sum total of the percentages listed pursuant to
 1790  subparagraphs 3., 4., 5., and 6. must be equal to 100 percent.
 1791         (5)For vegetable seed in packets as prepared for use in
 1792  home gardens or household plantings or vegetable seeds in
 1793  preplanted containers, mats, tapes, or other planting devices:
 1794  FOR VEGETABLE SEED IN CONTAINERS OF LESS THAN 8 OUNCES.—
 1795         (a) Name of kind and variety of seed. Hybrids must be
 1796  labeled as hybrids.
 1797         (b)Lot number or other lot identification.
 1798         (c)Germination test date identified in the following
 1799  manner:
 1800         1. The calendar month and year the germination test was
 1801  completed and the statement “Sell by ...(month/year)...”, which
 1802  may be no more than 12 months from the date of test, beginning
 1803  with the month after the test date;
 1804         2.The month and year the germination test was completed,
 1805  provided that the germination test must have been completed
 1806  within the previous 12 months, exclusive of the calendar month
 1807  of test; or
 1808         3.The year for which the seed was packaged for sale as
 1809  “Packed for ...(year)... and the statement “Sell by
 1810  ...(year)... which shall be one year after the seed was
 1811  packaged for sale.
 1812         (d)(b) Name and address of the person who labeled the seed
 1813  or who sells, distributes, offers, or exposes said seed for sale
 1814  within this state.
 1815         (e)(c) For seed which germinate less than standard last
 1816  established by the department, the additional information must
 1817  be shown:
 1818         1. Percentage of germination, exclusive of hard or dormant
 1819  seed.
 1820         2. Percentage of hard or dormant seed when present, if
 1821  present desired.
 1822         3. Calendar month and year the test was completed to
 1823  determine such percentages.
 1824         3.4. The words “Below Standard” prominently displayed in
 1825  not less than 8-point type.
 1826  
 1827         (f)(d) No seed marked “below standard” may shall be sold
 1828  that falls which fall more than 20 percent below the established
 1829  standard for such seed. For seeds that do not have an
 1830  established standard, the minimum germination standard shall be
 1831  50 percent, and no such seed may be sold that is 20 percent
 1832  below this standard.
 1833         (g)For seed placed in a germination medium, mat, tape, or
 1834  other device in such a way as to make it difficult to determine
 1835  the quantity of seed without removing the seeds from the medium,
 1836  mat, tape or device, a statement to indicate the minimum number
 1837  of seeds in the container.
 1838         (6)For vegetable seed in containers, other than packets
 1839  prepared for use in home gardens or household plantings, and
 1840  other than preplanted containers, mats, tapes, or other planting
 1841  devices:
 1842         (a)The name of each kind and variety present of any seed
 1843  in excess of 5 percent of the total weight in the container, and
 1844  the percentage by weight of each type of seed in order of its
 1845  predominance. Hybrids must be labeled as hybrids.
 1846         (b)Net weight or seed count.
 1847         (c)Lot number or other lot identification.
 1848         (d)For each named vegetable seed:
 1849         1.Percentage germination, exclusive of hard or dormant
 1850  seed;
 1851         2.Percentage of hard or dormant seed, if present;
 1852         3.Listed below the requirements of subparagraphs 1. and
 1853  2., the “total germination and hard or dormant seed” may be
 1854  stated as such, if desired; and
 1855         4.The calendar month and year the test was completed to
 1856  determine the percentages specified in subparagraphs 1. and 2.,
 1857  provided that the germination test must have been completed
 1858  within 9 months, exclusive of the calendar month of test.
 1859         (e)Name and address of the person who labeled the seed, or
 1860  who sells, offers, or exposes the seed for sale within this
 1861  state.
 1862         (f)For seed which germinate less than the standard last
 1863  established by the department, the words “Below Standard”
 1864  prominently displayed.
 1865         1.No seed marked “Below Standard” may be sold if the seed
 1866  is more than 20 percent below the established standard for such
 1867  seed.
 1868         2.For seeds that do not have an established standard, the
 1869  minimum germination standard shall be 50 percent, and no such
 1870  seed may be sold that is 20 percent below this standard.
 1871         (7)(5)For flower seed in packets prepared for use in home
 1872  gardens or household plantings or flower seed in preplanted
 1873  containers, mats, tapes, or other planting devices: FOR FLOWER
 1874  SEED IN PACKETS PREPARED FOR USE IN HOME GARDENS OR HOUSEHOLD
 1875  PLANTINGS OR FLOWER SEED IN PREPLANTED CONTAINERS, MATS, TAPES,
 1876  OR OTHER PLANTING DEVICES.—
 1877         (a) For all kinds of flower seed:
 1878         1. The name of the kind and variety or a statement of type
 1879  and performance characteristics as prescribed in the rules and
 1880  regulations adopted promulgated under the provisions of this
 1881  chapter.
 1882         2.Germination test date, identified in the following
 1883  manner:
 1884         a.The calendar month and year the germination test was
 1885  completed and the statement “Sell by_ ...(month/year)...”. The
 1886  sell by date must be no more than 12 months from the date of
 1887  test, beginning with the month after the test date;
 1888         b.The year for which the seed was packed for sale as
 1889  “Packed for ...(year)...” and the statement “Sell by
 1890  ...(year)...” which shall be for a calendar year; or
 1891         c.The calendar month and year the test was completed,
 1892  provided that the germination test must have been completed
 1893  within the previous 12 months, exclusive of the calendar month
 1894  of test.
 1895         2. The calendar month and year the seed was tested or the
 1896  year for which the seed was packaged.
 1897         3. The name and address of the person who labeled said
 1898  seed, or who sells, offers, or exposes said seed for sale within
 1899  this state.
 1900         (b) For seed of those kinds for which standard testing
 1901  procedures are prescribed and which germinate less than the
 1902  germination standard last established under the provisions of
 1903  this chapter:
 1904         1. The percentage of germination exclusive of hard or
 1905  dormant seed.
 1906         2. Percentage of hard or dormant seed, if present.
 1907         3. The words “Below Standard” prominently displayed in not
 1908  less than 8-point type.
 1909         (c) For seed placed in a germination medium, mat, tape, or
 1910  other device in such a way as to make it difficult to determine
 1911  the quantity of seed without removing the seed from the medium,
 1912  mat, tape, or device, a statement to indicate the minimum number
 1913  of seed in the container.
 1914         (8)(6)For flower seed in containers other than packets and
 1915  other than preplanted containers, mats, tapes, or other planting
 1916  devices and not prepared for use in home flower gardens or
 1917  household plantings: FOR FLOWER SEED IN CONTAINERS OTHER THAN
 1918  PACKETS PREPARED FOR USE IN HOME FLOWER GARDENS OR HOUSEHOLD
 1919  PLANTINGS AND OTHER THAN PREPLANTED CONTAINERS, MATS, TAPES, OR
 1920  OTHER PLANTING DEVICES.—
 1921         (a) The name of the kind and variety, and for wildflowers,
 1922  the genus and species and subspecies, if appropriate or a
 1923  statement of type and performance characteristics as prescribed
 1924  in rules and regulations promulgated under the provisions of
 1925  this chapter.
 1926         (b)Net weight or seed count.
 1927         (c)(b)The Lot number or other lot identification.
 1928         (d)For flower seed with a pure seed percentage of less
 1929  than 90 percent:
 1930         1.Percentage, by weight, of each component listed in order
 1931  of its predominance.
 1932         2.Percentage by weight of weed seed, if present.
 1933         3.Percentage by weight of other crop seed.
 1934         4.Percentage by weight of inert matter.
 1935         (e)For those kinds of seed for which standard testing
 1936  procedures are prescribed:
 1937         1.Percentage germination exclusive of hard or dormant
 1938  seed.
 1939         2.Percentage of hard or dormant seed, if present.
 1940         3.(c) The calendar month and year that the test was
 1941  completed. The germination test must have been completed within
 1942  the previous 9 months, exclusive of the calendar month of test.
 1943         (f)For those kinds of seed for which standard testing
 1944  procedures are not available, the year of production or
 1945  collection seed were tested or the year for which the seed were
 1946  packaged.
 1947         (g)(d) The name and address of the person who labeled said
 1948  seed or who sells, offers, or exposes said seed for sale within
 1949  this state.
 1950         (e) For those kinds of seed for which standard testing
 1951  procedures are prescribed:
 1952         1. The percentage germination exclusive of hard seed.
 1953         2. The percentage of hard seed, if present.
 1954         (h)(f) For those seeds which germinate less than the
 1955  standard last established by the department, the words “Below
 1956  Standard” prominently displayed in not less than 8-point type
 1957  must be printed or written in ink on the face of the tag.
 1958         (9)For tree or shrub seed:
 1959         (a)Common name of the species of seed and, if appropriate,
 1960  subspecies.
 1961         (b)The scientific name of the genus, species, and, if
 1962  appropriate, subspecies.
 1963         (c)Lot number or other lot identification.
 1964         (d)Net weight or seed count.
 1965         (e)Origin, indicated in the following manner:
 1966         1.For seed collected from a predominantly indigenous
 1967  stand, the area of collection given by latitude and longitude or
 1968  geographic description, or political subdivision, such as state
 1969  or county.
 1970         2.For seed collected from other than a predominantly
 1971  indigenous stand, the area of collection and the origin of the
 1972  stand or the statement “Origin not Indigenous”.
 1973         3.The elevation or the upper and lower limits of
 1974  elevations within which the seed was collected.
 1975         (f)Purity as a percentage of pure seed by weight.
 1976         (g)For those species for which standard germination
 1977  testing procedures are prescribed by the department:
 1978         1. Percentage germination exclusive of hard or dormant
 1979  seed.
 1980         2. Percentage of hard or dormant seed, if present.
 1981         3. The calendar month and year test was completed, provided
 1982  that the germination test must have been completed within the
 1983  previous 12 months, exclusive of the calendar month of test.
 1984         (h)In lieu of subparagraphs (g)1., 2., and 3., the seed
 1985  may be labeled “Test is in progress; results will be supplied
 1986  upon request.”
 1987         (i)For those species for which standard germination
 1988  testing procedures have not been prescribed by the department,
 1989  the calendar year in which the seed was collected.
 1990         (j)The name and address of the person who labeled the seed
 1991  or who sells, offers, or exposes the seed for sale within this
 1992  state.
 1993         (7) DEPARTMENT TO PRESCRIBE UNIFORM ANALYSIS TAG.—The
 1994  department shall have the authority to prescribe a uniform
 1995  analysis tag required by this section.
 1996  
 1997  The information required by this section to be placed on labels
 1998  attached to seed containers may not be modified or denied in the
 1999  labeling or on another label attached to the container. However,
 2000  labeling of seed supplied under a contractual agreement may be
 2001  by invoice accompanying the shipment or by an analysis tag
 2002  attached to the invoice if each bag or other container is
 2003  clearly identified by a lot number displayed on the bag or other
 2004  container. Each bag or container that is not so identified must
 2005  carry complete labeling.
 2006         Section 36. Section 578.091, Florida Statutes, is repealed.
 2007         Section 37. Subsections (2) and (3) of section 578.10,
 2008  Florida Statutes, are amended to read:
 2009         578.10 Exemptions.—
 2010         (2) The provisions of ss. 578.09 and 578.13 do not apply
 2011  to:
 2012         (a) To Seed or grain not intended for sowing or planting
 2013  purposes.
 2014         (b) To Seed stored in storage in, consigned to, or being
 2015  transported to seed cleaning or processing establishments for
 2016  cleaning or processing only. Any labeling or other
 2017  representation which may be made with respect to the unclean
 2018  seed is shall be subject to this law.
 2019         (c)Seed under development or maintained exclusively for
 2020  research purposes.
 2021         (3) If seeds cannot be identified by examination thereof, a
 2022  person is not subject to the criminal penalties of this chapter
 2023  for having sold or offered for sale seeds subject to this
 2024  chapter which were incorrectly labeled or represented as to
 2025  kind, species, and, if appropriate, subspecies, variety, type,
 2026  or origin, elevation, and, if required, year of collection
 2027  unless he or she has failed to obtain an invoice, genuine
 2028  grower’s or tree seed collector’s declaration, or other labeling
 2029  information and to take such other precautions as may be
 2030  reasonable to ensure the identity of the seeds to be as stated
 2031  by the grower. A genuine grower’s declaration of variety must
 2032  affirm that the grower holds records of proof of identity
 2033  concerning parent seed, such as invoice and labels No person
 2034  shall be subject to the criminal penalties of this law for
 2035  having sold, offered, exposed, or distributed for sale in this
 2036  state any agricultural, vegetable, or forest tree seed which
 2037  were incorrectly labeled or represented as to kind and variety
 2038  or origin, which seed cannot be identified by examination
 2039  thereof, unless she or he has failed to obtain an invoice or
 2040  grower’s declaration giving kind and variety and origin.
 2041         Section 38. Section 578.11, Florida Statutes, is amended to
 2042  read:
 2043         578.11 Duties, authority, and rules of the department.—
 2044         (1) The duty of administering this law and enforcing its
 2045  provisions and requirements shall be vested in the Department of
 2046  Agriculture and Consumer Services, which is hereby authorized to
 2047  employ such agents and persons as in its judgment shall be
 2048  necessary therefor. It shall be the duty of the department,
 2049  which may act through its authorized agents, to sample, inspect,
 2050  make analyses of, and test agricultural, vegetable, flower, or
 2051  forest tree, or shrub seed transported, sold, offered or exposed
 2052  for sale, or distributed within this state for sowing or
 2053  planting purposes, at such time and place and to such extent as
 2054  it may deem necessary to determine whether said agricultural,
 2055  vegetable, flower, or forest tree, or shrub seed are in
 2056  compliance with the provisions of this law, and to notify
 2057  promptly the person who transported, distributed, sold, offered
 2058  or exposed the seed for sale, of any violation.
 2059         (2) The department is authorized to:
 2060         (a) To Enforce this chapter act and prescribe the methods
 2061  of sampling, inspecting, testing, and examining agricultural,
 2062  vegetable, flower, or forest tree, or shrub seed.
 2063         (b) To Establish standards and tolerances to be followed in
 2064  the administration of this law, which shall be in general accord
 2065  with officially prescribed practices in interstate commerce.
 2066         (c) To Prescribe uniform labels.
 2067         (d) To Adopt prohibited and restricted noxious weed seed
 2068  lists.
 2069         (e) To Prescribe limitations for each restricted noxious
 2070  weed to be used in enforcement of this chapter act and to add or
 2071  subtract therefrom from time to time as the need may arise.
 2072         (f) To Make commercial tests of seed and to fix and collect
 2073  charges for such tests.
 2074         (g) To List the kinds of flower, and forest tree, and shrub
 2075  seed subject to this law.
 2076         (h) To Analyze samples, as requested by a consumer. The
 2077  department shall establish, by rule, a fee schedule for
 2078  analyzing samples at the request of a consumer. The fees shall
 2079  be sufficient to cover the costs to the department for taking
 2080  the samples and performing the analysis, not to exceed $150 per
 2081  sample.
 2082         (i) To Adopt rules pursuant to ss. 120.536(1) and 120.54 to
 2083  implement the provisions of this chapter act.
 2084         (j) To Establish, by rule, requirements governing aircraft
 2085  used for the aerial application of seed, including requirements
 2086  for recordkeeping, annual aircraft registration, secure storage
 2087  when not in use, area-of-application information, and reporting
 2088  any sale, lease, purchase, rental, or transfer of such aircraft
 2089  to another person.
 2090         (3) For the purpose of carrying out the provisions of this
 2091  law, the department, through its authorized agents, is
 2092  authorized to:
 2093         (a) To Enter upon any public or private premises, where
 2094  agricultural, vegetable, flower, or forest tree, or shrub seed
 2095  is sold, offered, exposed, or distributed for sale during
 2096  regular business hours, in order to have access to seed subject
 2097  to this law and the rules and regulations hereunder.
 2098         (b) To Issue and enforce a stop-sale notice or order to the
 2099  owner or custodian of any lot of agricultural, vegetable,
 2100  flower, or forest tree, or shrub seed, which the department
 2101  finds or has good reason to believe is in violation of any
 2102  provisions of this law, which shall prohibit further sale,
 2103  barter, exchange, or distribution of such seed until the
 2104  department is satisfied that the law has been complied with and
 2105  has issued a written release or notice to the owner or custodian
 2106  of such seed. After a stop-sale notice or order has been issued
 2107  against or attached to any lot of seed and the owner or
 2108  custodian of such seed has received confirmation that the seed
 2109  does not comply with this law, she or he has shall have 15 days
 2110  beyond the normal test period within which to comply with the
 2111  law and obtain a written release of the seed. The provisions of
 2112  This paragraph may shall not be construed as limiting the right
 2113  of the department to proceed as authorized by other sections of
 2114  this law.
 2115         (c) To Establish and maintain a seed laboratory, employ
 2116  seed analysts and other personnel, and incur such other expenses
 2117  as may be necessary to comply with these provisions.
 2118         Section 39. Section 578.12, Florida Statutes, is amended to
 2119  read:
 2120         578.12 Stop-sale, stop-use, removal, or hold orders.—When
 2121  agricultural, vegetable, flower, or forest tree, or shrub seed
 2122  is being offered or exposed for sale or held in violation of any
 2123  of the provisions of this chapter, the department, through its
 2124  authorized representative, may issue and enforce a stop-sale,
 2125  stop-use, removal, or hold order to the owner or custodian of
 2126  said seed ordering it to be held at a designated place until the
 2127  law has been complied with and said seed is released in writing
 2128  by the department or its authorized representative. If seed is
 2129  not brought into compliance with this law it shall be destroyed
 2130  within 30 days or disposed of by the department in such a manner
 2131  as it shall by regulation prescribe.
 2132         Section 40. Section 578.13, Florida Statutes, is amended to
 2133  read:
 2134         578.13 Prohibitions.—
 2135         (1) It shall be unlawful for any person to sell, distribute
 2136  for sale, offer for sale, expose for sale, handle for sale, or
 2137  solicit orders for the purchase of any agricultural, vegetable,
 2138  flower, or forest tree, or shrub, seed within this state:
 2139         (a) Unless the test to determine the percentage of
 2140  germination required by s. 578.09 has shall have been completed
 2141  within a period of 7 months, exclusive of the calendar month in
 2142  which the test was completed, immediately prior to sale,
 2143  exposure for sale, offering for sale, or transportation, except
 2144  for a germination test for seed in hermetically sealed
 2145  containers which is provided for in s. 578.092 s. 578.28.
 2146         (b) Not labeled in accordance with the provisions of this
 2147  law, or having false or misleading labeling.
 2148         (c) Pertaining to which there has been a false or
 2149  misleading advertisement.
 2150         (d) Containing noxious weed seeds subject to tolerances and
 2151  methods of determination prescribed in the rules and regulations
 2152  under this law.
 2153         (e) Unless a seed license has been obtained in accordance
 2154  with the provisions of this law.
 2155         (f) Unless such seed conforms to the definition of a “lot
 2156  of seed.”
 2157         (2) It shall be unlawful for a any person within this state
 2158  to:
 2159         (a) To Detach, deface, destroy, or use a second time any
 2160  label or tag provided for in this law or in the rules and
 2161  regulations made and promulgated hereunder or to alter or
 2162  substitute seed in a manner that may defeat the purpose of this
 2163  law.
 2164         (b) To Disseminate any false or misleading advertisement
 2165  concerning agricultural, vegetable, flower, or forest tree ,or
 2166  shrub seed in any manner or by any means.
 2167         (c) To Hinder or obstruct in any way any authorized person
 2168  in the performance of her or his duties under this law.
 2169         (d) To Fail to comply with a stop-sale order or to move,
 2170  handle, or dispose of any lot of seed, or tags attached to such
 2171  seed, held under a “stop-sale” order, except with express
 2172  permission of the department and for the purpose specified by
 2173  the department or seizure order.
 2174         (e) Label, advertise, or otherwise represent seed subject
 2175  to this chapter to be certified seed or any class thereof,
 2176  including classes such as “registered seed,” “foundation seed,”
 2177  “breeder seed” or similar representations, unless:
 2178         1.A seed certifying agency determines that such seed
 2179  conformed to standards of purity and identify as to the kind,
 2180  variety, or species and, if appropriate, subspecies and the seed
 2181  certifying agency also determines that tree or shrub seed was
 2182  found to be of the origin and elevation claimed, in compliance
 2183  with the rules and regulations of such agency pertaining to such
 2184  seed; and
 2185         2.The seed bears an official label issued for such seed by
 2186  a seed certifying agency certifying that the seed is of a
 2187  specified class and specified to the kind, variety, or species
 2188  and, if appropriate, subspecies.
 2189         (f)Label, by variety name, seed not certified by an
 2190  official seed-certifying agency when it is a variety for which a
 2191  certificate of plant variety protection under the United States
 2192  Plant Variety Protection Act, 7 U.S.C. 2321 et. seq., specifies
 2193  sale only as a class of certified seed, except that seed from a
 2194  certified lot may be labeled as to variety name when used in a
 2195  mixture by, or with the written approval of, the owner of the
 2196  variety. To sell, distribute for sale, offer for sale, expose
 2197  for sale, handle for sale, or solicit orders for the purchase of
 2198  any agricultural, vegetable, flower, or forest tree seed labeled
 2199  “certified seed,” “registered seed,” “foundation seed,” “breeder
 2200  seed,” or similar terms, unless it has been produced and labeled
 2201  under seal in compliance with the rules and regulations of any
 2202  agency authorized by law.
 2203         (g)(f)To Fail to keep a complete record, including a file
 2204  sample which shall be retained for 1 year after seed is sold, of
 2205  each lot of seed and to make available for inspection such
 2206  records to the department or its duly authorized agents.
 2207         (h)(g)To Use the name of the Department of Agriculture and
 2208  Consumer Services or Florida State Seed Laboratory in connection
 2209  with analysis tag, labeling advertisement, or sale of any seed
 2210  in any manner whatsoever.
 2211         Section 41. Section 578.14, Florida Statutes, is repealed.
 2212         Section 42. Subsection (1) of section 578.181, Florida
 2213  Statutes, is amended to read:
 2214         578.181 Penalties; administrative fine.—
 2215         (1) The department may enter an order imposing one or more
 2216  of the following penalties against a person who violates this
 2217  chapter or the rules adopted under this chapter or who impedes,
 2218  obstructs, or hinders, or otherwise attempts to prevent the
 2219  department from performing its duty in connection with
 2220  performing its duties under this chapter:
 2221         (a) For a minor violation, issuance of a warning letter.
 2222         (b) For violations other than a minor violation:
 2223         1. Imposition of an administrative fine in the Class I
 2224  category pursuant to s. 570.971 for each occurrence after the
 2225  issuance of a warning letter.
 2226         2.(c) Revocation or suspension of the registration as a
 2227  seed dealer.
 2228         Section 43. Section 578.23, Florida Statutes, is amended to
 2229  read:
 2230         578.23 Dealers’ Records to be kept available.—Each person
 2231  who allows his or her name or brand to appear on the label as
 2232  handling agricultural, vegetable, flower, tree, or shrub seeds
 2233  subject to this chapter must keep, for 2 years, complete records
 2234  of each lot of agricultural, vegetable, flower, tree, or shrub
 2235  seed handled, and keep for 1 year after final disposition a file
 2236  sample of each lot of seed. All such records and samples
 2237  pertaining to the shipment or shipments involved must be
 2238  accessible for inspection by the department or its authorized
 2239  representative during normal business hours Every seed dealer
 2240  shall make and keep for a period of 3 years satisfactory records
 2241  of all agricultural, vegetable, flower, or forest tree seed
 2242  bought or handled to be sold, which records shall at all times
 2243  be made readily available for inspection, examination, or audit
 2244  by the department. Such records shall also be maintained by
 2245  persons who purchase seed for production of plants for resale.
 2246         Section 44. Section 578.26, Florida Statutes, is amended to
 2247  read:
 2248         578.26 Complaint, investigation, hearings, findings, and
 2249  recommendation prerequisite to legal action.—
 2250         (1)(a) When any buyer farmer is damaged by the failure of
 2251  agricultural, vegetable, flower, or forest tree, or shrub seed
 2252  planted in this state to produce or perform as represented by
 2253  the labeling of such label attached to the seed as required by
 2254  s. 578.09, as a prerequisite to her or his right to maintain a
 2255  legal action against the dealer from whom the seed was
 2256  purchased, the buyer must farmer shall make a sworn complaint
 2257  against the dealer alleging damages sustained. The complaint
 2258  shall be filed with the department, and a copy of the complaint
 2259  shall be served by the department on the dealer by certified
 2260  mail, within such time as to permit inspection of the property,
 2261  crops, plants, or trees referenced in, or related to, the
 2262  buyer’s complaint by the seed investigation and conciliation
 2263  council or its representatives and by the dealer from whom the
 2264  seed was purchased.
 2265         (b)For types of claims specified in paragraph (a), the
 2266  buyer may not commence legal proceedings against the dealer or
 2267  assert such a claim as a counterclaim or defense in any action
 2268  brought by the dealer until the findings and recommendations of
 2269  the seed investigation and conciliation council are transmitted
 2270  to the complainant and the dealer.
 2271         (c)(b) Language setting forth the requirement for filing
 2272  and serving the complaint shall be legibly typed or printed on
 2273  the analysis label or be attached to the package containing the
 2274  seed at the time of purchase by the buyer farmer.
 2275         (d)(c) A nonrefundable filing fee of $100 shall be paid to
 2276  the department with each complaint filed. However, the
 2277  complainant may recover the filing fee cost from the dealer upon
 2278  the recommendation of the seed investigation and conciliation
 2279  council.
 2280         (2) Within 15 days after receipt of a copy of the
 2281  complaint, the dealer shall file with the department her or his
 2282  answer to the complaint and serve a copy of the answer on the
 2283  buyer farmer by certified mail. Upon receipt of the findings and
 2284  recommendation of the arbitration council, the department shall
 2285  transmit them to the farmer and to the dealer by certified mail.
 2286         (3) The department shall refer the complaint and the answer
 2287  thereto to the seed investigation and conciliation council
 2288  provided in s. 578.27 for investigation, informal hearing,
 2289  findings, and recommendation on the matters complained of.
 2290         (a) Each party must shall be allowed to present its side of
 2291  the dispute at an informal hearing before the seed investigation
 2292  and conciliation council. Attorneys may be present at the
 2293  hearing to confer with their clients. However, no attorney may
 2294  participate directly in the proceeding.
 2295         (b) Hearings, including the deliberations of the seed
 2296  investigation and conciliation council, must shall be open to
 2297  the public.
 2298         (c) Within 30 days after completion of a hearing, the seed
 2299  investigation and conciliation council shall transmit its
 2300  findings and recommendations to the department. Upon receipt of
 2301  the findings and recommendation of the seed investigation and
 2302  conciliation council, the department shall transmit them to the
 2303  buyer farmer and to the dealer by certified mail.
 2304         (4) The department shall provide administrative support for
 2305  the seed investigation and conciliation council and shall mail a
 2306  copy of the council’s procedures to each party upon receipt of a
 2307  complaint by the department.
 2308         Section 45. Subsections (1), (2), and (4) of section
 2309  578.27, Florida Statutes, are amended to read:
 2310         578.27 Seed investigation and conciliation council;
 2311  composition; purpose; meetings; duties; expenses.—
 2312         (1) The Commissioner of Agriculture shall appoint a seed
 2313  investigation and conciliation council composed of seven members
 2314  and seven alternate members, one member and one alternate to be
 2315  appointed upon the recommendation of each of the following: the
 2316  deans of extension and research, Institute of Food and
 2317  Agricultural Sciences, University of Florida; president of the
 2318  Florida Seed Seedsmen and Garden Supply Association; president
 2319  of the Florida Farm Bureau Federation; and the president of the
 2320  Florida Fruit and Vegetable Association. The Commissioner of
 2321  Agriculture shall appoint a representative and an alternate from
 2322  the agriculture industry at large and from the Department of
 2323  Agriculture and Consumer Services. Each member shall be
 2324  appointed for a term of 4 years or less and shall serve until
 2325  his or her successor is appointed Initially, three members and
 2326  their alternates shall be appointed for 4-year terms and four
 2327  members and their alternates shall be appointed for 2-year
 2328  terms. Thereafter, members and alternates shall be appointed for
 2329  4-year terms. Each alternate member shall serve only in the
 2330  absence of the member for whom she or he is an alternate. A
 2331  vacancy shall be filled for the remainder of the unexpired term
 2332  in the same manner as the original appointment. The council
 2333  shall annually elect a chair from its membership. It shall be
 2334  the duty of the chair to conduct all meetings and deliberations
 2335  held by the council and to direct all other activities of the
 2336  council. The department representative shall serve as secretary
 2337  of the council. It shall be the duty of the secretary to keep
 2338  accurate and correct records on all meetings and deliberations
 2339  and perform other duties for the council as directed by the
 2340  chair.
 2341         (2) The purpose of the seed investigation and conciliation
 2342  council is to assist buyers farmers and agricultural seed
 2343  dealers in determining the validity of seed complaints made by
 2344  buyers farmers against dealers and recommend a settlement, when
 2345  appropriate, cost damages resulting from the alleged failure of
 2346  the seed to produce or perform as represented by the label of
 2347  such on the seed package.
 2348         (4)(a) When the department refers to the seed investigation
 2349  and conciliation council any complaint made by a buyer farmer
 2350  against a dealer, the said council must shall make a full and
 2351  complete investigation of the matters complained of and at the
 2352  conclusion of the said investigation must shall report its
 2353  findings and make its recommendation of cost damages and file
 2354  same with the department.
 2355         (b) In conducting its investigation, the seed investigation
 2356  and conciliation council or any representative, member, or
 2357  members thereof are authorized to examine the buyer’s property,
 2358  crops, plants, or trees referenced in or relating to the
 2359  complaint farmer on her or his farming operation of which she or
 2360  he complains and the dealer on her or his packaging, labeling,
 2361  and selling operation of the seed alleged to be faulty; to grow
 2362  to production a representative sample of the alleged faulty seed
 2363  through the facilities of the state, under the supervision of
 2364  the department when such action is deemed to be necessary; to
 2365  hold informal hearings at a time and place directed by the
 2366  department or by the chair of the council upon reasonable notice
 2367  to the buyer farmer and the dealer.
 2368         (c) Any investigation made by less than the whole
 2369  membership of the council must shall be by authority of a
 2370  written directive by the department or by the chair, and such
 2371  investigation must shall be summarized in writing and considered
 2372  by the council in reporting its findings and making its
 2373  recommendation.
 2374         Section 46. Section 578.28, Florida Statutes, is renumbered
 2375  as section 578.092, Florida Statutes, and amended to read:
 2376         578.092 578.28 Seed in hermetically sealed containers.—The
 2377  period of validity of germination tests is extended to the
 2378  following periods for seed packaged in hermetically sealed
 2379  containers, under conditions and label requirements set forth in
 2380  this section:
 2381         (1) GERMINATION TESTS.—The germination test for
 2382  agricultural and vegetable seed must shall have been completed
 2383  within the following periods, exclusive of the calendar month in
 2384  which the test was completed, immediately prior to shipment,
 2385  delivery, transportation, or sale:
 2386         (a) In the case of agricultural or vegetable seed shipped,
 2387  delivered, transported, or sold to a dealer for resale, 18
 2388  months;
 2389         (b) In the case of agricultural or vegetable seed for sale
 2390  or sold at retail, 24 months.
 2391         (2) CONDITIONS OF PACKAGING.—The following conditions are
 2392  considered as minimum:
 2393         (a) Hermetically sealed packages or containers.—A
 2394  container, to be acceptable under the provisions of this
 2395  section, shall not allow water vapor penetration through any
 2396  wall, including the wall seals, greater than 0.05 gram of water
 2397  per 24 hours per 100 square inches of surface at 100 °F. with a
 2398  relative humidity on one side of 90 percent and on the other of
 2399  0 percent. Water vapor penetration (WVP) is measured by the
 2400  standards of the National Institute of Standards and Technology
 2401  as: gm H2O/24 hr./100 sq. in./100 °F/90 percent RH V. 0 percent
 2402  RH.
 2403         (b) Moisture of seed packaged.—The moisture of agricultural
 2404  or vegetable seed subject to the provisions of this section
 2405  shall be established by rule of the department.
 2406         (3) LABELING REQUIRED.—In addition to the labeling required
 2407  by s. 578.09, seed packaged under the provisions of this section
 2408  shall be labeled with the following information:
 2409         (a) Seed has been preconditioned as to moisture content.
 2410         (b) Container is hermetically sealed.
 2411         (c) “Germination test valid until (month, year)” may be
 2412  used. (Not to exceed 24 months from date of test).
 2413         Section 47. Section 578.29, Florida Statutes, is created to
 2414  read:
 2415         578.29 Prohibited noxious weed seed.—Seeds meeting the
 2416  definition of prohibited noxious weed seed under s. 578.011, may
 2417  not be present in agricultural, vegetable, flower, tree, or
 2418  shrub seed offered or exposed for sale in this state.
 2419         Section 48. Subsection (1) of section 590.02, Florida
 2420  Statutes, is amended to read:
 2421         590.02 Florida Forest Service; powers, authority, and
 2422  duties; liability; building structures; Withlacoochee Training
 2423  Center.—
 2424         (1) The Florida Forest Service has the following powers,
 2425  authority, and duties to:
 2426         (a) To Enforce the provisions of this chapter;
 2427         (b) To Prevent, detect, and suppress wildfires wherever
 2428  they may occur on public or private land in this state and to do
 2429  all things necessary in the exercise of such powers, authority,
 2430  and duties;
 2431         (c) To Provide firefighting crews, who shall be under the
 2432  control and direction of the Florida Forest Service and its
 2433  designated agents;
 2434         (d) To Appoint center managers, forest area supervisors,
 2435  forestry program administrators, a forest protection bureau
 2436  chief, a forest protection assistant bureau chief, a field
 2437  operations bureau chief, deputy chiefs of field operations,
 2438  district managers, forest operations administrators, senior
 2439  forest rangers, investigators, forest rangers, firefighter
 2440  rotorcraft pilots, and other employees who may, at the Florida
 2441  Forest Service’s discretion, be certified as forestry
 2442  firefighters pursuant to s. 633.408(8). Other law
 2443  notwithstanding, center managers, district managers, forest
 2444  protection assistant bureau chief, and deputy chiefs of field
 2445  operations have shall have Selected Exempt Service status in the
 2446  state personnel designation;
 2447         (e) To Develop a training curriculum for forestry
 2448  firefighters which must contain the basic volunteer structural
 2449  fire training course approved by the Florida State Fire College
 2450  of the Division of State Fire Marshal and a minimum of 250 hours
 2451  of wildfire training;
 2452         (f)Pay the cost of the initial commercial driver license
 2453  examination fee for those employees whose position requires them
 2454  to operate equipment requiring a license. This paragraph is
 2455  intended to be an authorization to the department to pay such
 2456  costs, not an obligation;
 2457         (f)To make rules to accomplish the purposes of this
 2458  chapter;
 2459         (g) To Provide fire management services and emergency
 2460  response assistance and to set and charge reasonable fees for
 2461  performance of those services. Moneys collected from such fees
 2462  shall be deposited into the Incidental Trust Fund of the Florida
 2463  Forest Service;
 2464         (h) To Require all state, regional, and local government
 2465  agencies operating aircraft in the vicinity of an ongoing
 2466  wildfire to operate in compliance with the applicable state
 2467  Wildfire Aviation Plan; and
 2468         (i) To Authorize broadcast burning, prescribed burning,
 2469  pile burning, and land clearing debris burning to carry out the
 2470  duties of this chapter and the rules adopted thereunder; and
 2471         (j)Make rules to accomplish the purposes of this chapter.
 2472         Section 49. Paragraph (c) of subsection (6) and subsection
 2473  (9) of section 790.06, Florida Statutes, are amended to read:
 2474         790.06 License to carry concealed weapon or firearm.—
 2475         (6)
 2476         (c) The Department of Agriculture and Consumer Services
 2477  shall, within 90 days after the date of receipt of the items
 2478  listed in subsection (5):
 2479         1. Issue the license; or
 2480         2. Deny the application based solely on the ground that the
 2481  applicant fails to qualify under the criteria listed in
 2482  subsection (2) or subsection (3). If the Department of
 2483  Agriculture and Consumer Services denies the application, it
 2484  shall notify the applicant in writing, stating the ground for
 2485  denial and informing the applicant of any right to a hearing
 2486  pursuant to chapter 120.
 2487         3. In the event the department receives incomplete criminal
 2488  history information or with no final disposition on a crime
 2489  which may disqualify the applicant, the Department of
 2490  Agriculture and Consumer Services must expedite efforts to
 2491  acquire the final disposition or proof of restoration of civil
 2492  and firearm rights, or confirmation that clarifying records are
 2493  not available from the jurisdiction where the criminal history
 2494  originated. Ninety days after the date of receipt of the
 2495  completed application, if the department has not acquired final
 2496  disposition or proof of restoration of civil and firearm rights,
 2497  or confirmation that clarifying records are not available from
 2498  the jurisdiction where the criminal history originated, the
 2499  department shall issue the license in the absence of
 2500  disqualifying information. However, such license must be
 2501  immediately suspended and revoked upon receipt of disqualifying
 2502  information pursuant to this section time limitation prescribed
 2503  by this paragraph may be suspended until receipt of the final
 2504  disposition or proof of restoration of civil and firearm rights.
 2505         (9) In the event that a concealed weapon or firearm license
 2506  is lost or destroyed, the license shall be automatically
 2507  invalid, and the person to whom the same was issued may, upon
 2508  payment of $15 to the Department of Agriculture and Consumer
 2509  Services, obtain a duplicate, or substitute thereof, upon
 2510  furnishing a notarized statement under oath to the Department of
 2511  Agriculture and Consumer Services that such license has been
 2512  lost or destroyed.
 2513         Section 50. Subsections (5) and (8) of section 790.0625,
 2514  Florida Statutes, are amended, and sections (9) and (10) are
 2515  added to that section, to read:
 2516         790.0625 Appointment of tax collectors to accept
 2517  applications for a concealed weapon or firearm license; fees;
 2518  penalties.—
 2519         (5) A tax collector appointed under this section shall
 2520  collect and remit weekly to the department the license fees
 2521  pursuant to s. 790.06 for deposit in the Division of Licensing
 2522  Trust Fund and may collect and retain a convenience fees for the
 2523  following: fee of $22 for each new application and $12 for each
 2524  renewal application and shall remit weekly to the department the
 2525  license fees pursuant to s. 790.06 for deposit in the Division
 2526  of Licensing Trust Fund.
 2527         (a)Twenty-two dollars for each new application.
 2528         (b)Twelve dollars for each renewal application.
 2529         (c)Twelve dollars for each duplicate license issued to
 2530  replace a lost or destroyed license.
 2531         (d)Six dollars for fingerprinting.
 2532         (e)Six dollars for photographing services associated with
 2533  the completion of an application submitted online.
 2534         (8) Upon receipt of a completed renewal application, a new
 2535  color photograph, and appropriate payment of required fees, a
 2536  tax collector authorized to accept renewal applications for
 2537  concealed weapon or firearm licenses under this section may,
 2538  upon approval and confirmation of license issuance by the
 2539  department, print and deliver a concealed weapon or firearm
 2540  license to a licensee renewing his or her license at the tax
 2541  collector’s office.
 2542         (9)Upon receipt of a statement under oath to the
 2543  department, and the payment of required fees, a tax collector
 2544  authorized to accept applications for concealed weapon or
 2545  firearm licenses under this section may, upon approval and
 2546  confirmation from the department that a license is in good
 2547  standing, print and deliver a concealed weapon or firearm
 2548  license to a licensee whose license has been lost or destroyed.
 2549         (10)Tax collectors authorized to accept applications for
 2550  concealed weapon or firearm licenses under this section may
 2551  provide fingerprinting and photographing services to aid
 2552  concealed weapon and firearm applicants and licensees with
 2553  online initial and renewal applications.
 2554         Section 51. Section 817.417, Florida Statutes, is created
 2555  to read:
 2556         817.417 Government Impostor and Deceptive Advertisement
 2557  Act.—
 2558         (1)SHORT TITLE.—This act may be cited as the “Government
 2559  Impostor and Deceptive Advertisements Act.”
 2560         (2)DEFINITIONS.—As used in this section:
 2561         (a)“Advertisement” means any representation disseminated
 2562  in any manner or by any means, other than by a label, for the
 2563  purpose of inducing, or which is reasonably likely to induce,
 2564  directly or indirectly, a purchase.
 2565         (b)“Department” means the Department of Agriculture and
 2566  Consumer Services.
 2567         (c)“Governmental entity” means a political subdivision or
 2568  agency of any state, possession, or territory of the United
 2569  States, or the Federal Government, including, but not limited
 2570  to, a board, a department, an office, an agency, a military
 2571  veteran entity, or a military or veteran service organization by
 2572  whatever name known.
 2573         (3)DUTIES AND RESPONSIBILITIES.—The department has the
 2574  duty and responsibility to:
 2575         (a)Investigate potential violations of this section.
 2576         (b)Request and obtain information regarding potential
 2577  violations of this section.
 2578         (c)Seek compliance with this section.
 2579         (d)Enforce this section.
 2580         (e)Adopt rules necessary to administer this section.
 2581         (4)VIOLATIONS.—Each occurrence of the following acts or
 2582  practices constitute a violation of this section:
 2583         (a)Disseminating an advertisement that:
 2584         1.Simulates a summons, complaint, jury notice, or other
 2585  court, judicial, or administrative process of any kind.
 2586         2.Represents, implies, or otherwise engages in an action
 2587  that may reasonably cause confusion that the person using or
 2588  employing the advertisement is a part of or associated with a
 2589  governmental entity, when such is not true.
 2590         (b)Representing, implying, or otherwise reasonably causing
 2591  confusion that goods, services, an advertisement, or an offer
 2592  was disseminated by or has been approved, authorized, or
 2593  endorsed, in whole or in part, by a governmental entity, when
 2594  such is not true.
 2595         (c)Using or employing language, symbols, logos,
 2596  representations, statements, titles, names, seals, emblems,
 2597  insignia, trade or brand names, business or control tracking
 2598  numbers, website or e-mail addresses, or any other term, symbol,
 2599  or other content that represents or implies or otherwise
 2600  reasonably causes confusion that goods, services, an
 2601  advertisement, or an offer is from a governmental entity, when
 2602  such is not true.
 2603         (d)Failing to provide the disclosures as required in
 2604  subsections (5) or (6).
 2605         (e)Failing to timely submit to the department written
 2606  responses and answers to its inquiries concerning alleged
 2607  practices inconsistent with, or in violation of, this section.
 2608  Responses or answers may include, but are not limited to, copies
 2609  of customer lists, invoices, receipts, or other business
 2610  records.
 2611         (5)NOTICE REGARDING DOCUMENT AVAILABILITY.—
 2612         (a)Any person offering documents that are available free
 2613  of charge or at a lesser price from a governmental entity must
 2614  provide the notice specified in paragraph (b) on advertisements
 2615  as follows:
 2616         1.For printed or written advertisements, notice must be in
 2617  the same font size, color, style, and visibility as primarily
 2618  used elsewhere on the page or envelope and displayed as follows:
 2619         a.On the outside front of any mailing envelope used in
 2620  disseminating the advertisement.
 2621         b.At the top of each printed or written page used in the
 2622  advertisement.
 2623         2.For electronic advertisements, notice must be in the
 2624  same font size, color, style, and visibility as the body text
 2625  primarily used in the e-mail or web page and displayed as
 2626  follows:
 2627         a.At the beginning of each e-mail message, before any
 2628  offer or other substantive information.
 2629         b.In a prominent location on each web page, such as the
 2630  top of each page or immediately following the offer or other
 2631  substantive information on the page.
 2632         (b)Advertisements specified in paragraph (a) must include
 2633  the following disclosure:
 2634  
 2635  “IMPORTANT NOTICE:
 2636  
 2637  The documents offered by this advertisement are available to
 2638  Florida consumers free of charge or for a lesser price from
 2639  ...(insert name, telephone number, and mailing address of the
 2640  applicable governmental entity).... You are NOT required to
 2641  purchase anything from this company and the company is NOT
 2642  affiliated, endorsed, or approved by any governmental entity.
 2643  The item offered in this advertisement has NOT been approved or
 2644  endorsed by any governmental agency, and this offer is NOT being
 2645  made by an agency of the government.”
 2646  
 2647         (6)NOTICE REGARDING CLAIM OF LEGAL COMPLIANCE.—
 2648         (a)Any person disseminating an advertisement that includes
 2649  a form or template to be completed by the consumer with the
 2650  claim that such form or template will assist the consumer in
 2651  complying with a legal filing or record retention requirement
 2652  must provide the notice specified in paragraph (b) on
 2653  advertisements as follows:
 2654         1.For printed or written advertisements, the notice must
 2655  be in the same font size, color, style, and visibility as
 2656  primarily used elsewhere on the page or envelope and displayed
 2657  as follows:
 2658         a.On the outside front of any mailing envelope used in
 2659  disseminating the advertisement.
 2660         b.At the top of each printed or written page used in the
 2661  advertisement.
 2662         2.For electronic advertisements, the notice must be in the
 2663  same font size, color, style, and visibility as the body text
 2664  primarily used in the e-mail or web page and displayed as
 2665  follows:
 2666         a.At the beginning of each e-mail message, before any
 2667  offer or other substantive information.
 2668         b.In a prominent location on each web page, such as the
 2669  top of each page or immediately following the offer or other
 2670  substantive information on the page.
 2671         (b)Advertisements specified in paragraph (a) must include
 2672  the following disclosure:
 2673  
 2674  “IMPORTANT NOTICE:
 2675  
 2676  You are NOT required to purchase anything from this company and
 2677  the company is NOT affiliated, endorsed, or approved by any
 2678  governmental entity. The item offered in this advertisement has
 2679  NOT been approved or endorsed by any governmental agency, and
 2680  this offer is NOT being made by an agency of the government.”
 2681  
 2682         (7)PENALTIES.—
 2683         (a)Any person substantially affected by a violation of
 2684  this section may bring an action in a court of proper
 2685  jurisdiction to enforce the provisions of this section. A person
 2686  prevailing in a civil action for a violation of this section
 2687  shall be awarded costs, including reasonable attorney fees, and
 2688  may be awarded punitive damages in addition to actual damages
 2689  proven. This provision is in addition to any other remedies
 2690  prescribed by law.
 2691         (b)The department may bring one or more of the following
 2692  for a violation of this section:
 2693         1. A civil action in circuit court for:
 2694         a. Temporary or permanent injunctive relief to enforce this
 2695  section.
 2696         b. For printed advertisements and e-mail, a fine of up to
 2697  $1,000 for each separately addressed advertisement or message
 2698  containing content in violation of paragraphs (4)(a)-(d)
 2699  received by or addressed to a state resident.
 2700         c. For websites, a fine of up to $5,000 for each day a
 2701  website, with content in violation of paragraphs (4)(a)-(d), is
 2702  published and made available to the general public.
 2703         d. For violations of paragraph (4)(e), a fine of up to
 2704  $5,000 for each violation.
 2705         e. Recovery of restitution and damages on behalf of persons
 2706  substantially affected by a violation of this section.
 2707         f. The recovery of court costs and reasonable attorney
 2708  fees.
 2709         2. An action for an administrative fine in the Class III
 2710  category pursuant to s. 570.971 for each act or omission which
 2711  constitutes a violation under this section.
 2712         (c)The department may terminate any investigation or
 2713  action upon agreement by the alleged offender to pay a
 2714  stipulated fine, make restitution, pay damages to customers, or
 2715  satisfy any other relief authorized by this section.
 2716         (d)Any person who violates paragraphs (4)(a)-(d) also
 2717  commits an unfair and deceptive trade practice in violation of
 2718  part II of chapter 501 and is subject to the penalties and
 2719  remedies imposed for such violation.
 2720         Section 52. Paragraph (m) of subsection (3) of section
 2721  489.105, Florida Statutes, is amended to read:
 2722         489.105 Definitions.—As used in this part:
 2723         (3) “Contractor” means the person who is qualified for, and
 2724  is only responsible for, the project contracted for and means,
 2725  except as exempted in this part, the person who, for
 2726  compensation, undertakes to, submits a bid to, or does himself
 2727  or herself or by others construct, repair, alter, remodel, add
 2728  to, demolish, subtract from, or improve any building or
 2729  structure, including related improvements to real estate, for
 2730  others or for resale to others; and whose job scope is
 2731  substantially similar to the job scope described in one of the
 2732  paragraphs of this subsection. For the purposes of regulation
 2733  under this part, the term “demolish” applies only to demolition
 2734  of steel tanks more than 50 feet in height; towers more than 50
 2735  feet in height; other structures more than 50 feet in height;
 2736  and all buildings or residences. Contractors are subdivided into
 2737  two divisions, Division I, consisting of those contractors
 2738  defined in paragraphs (a)-(c), and Division II, consisting of
 2739  those contractors defined in paragraphs (d)-(q):
 2740         (m) “Plumbing contractor” means a contractor whose services
 2741  are unlimited in the plumbing trade and includes contracting
 2742  business consisting of the execution of contracts requiring the
 2743  experience, financial means, knowledge, and skill to install,
 2744  maintain, repair, alter, extend, or, if not prohibited by law,
 2745  design plumbing. A plumbing contractor may install, maintain,
 2746  repair, alter, extend, or, if not prohibited by law, design the
 2747  following without obtaining an additional local regulatory
 2748  license, certificate, or registration: sanitary drainage or
 2749  storm drainage facilities, water and sewer plants and
 2750  substations, venting systems, public or private water supply
 2751  systems, septic tanks, drainage and supply wells, swimming pool
 2752  piping, irrigation systems, and solar heating water systems and
 2753  all appurtenances, apparatus, or equipment used in connection
 2754  therewith, including boilers and pressure process piping and
 2755  including the installation of water, natural gas, liquefied
 2756  petroleum gas and related venting, and storm and sanitary sewer
 2757  lines. The scope of work of the plumbing contractor also
 2758  includes the design, if not prohibited by law, and installation,
 2759  maintenance, repair, alteration, or extension of air-piping,
 2760  vacuum line piping, oxygen line piping, nitrous oxide piping,
 2761  and all related medical gas systems; fire line standpipes and
 2762  fire sprinklers if authorized by law; ink and chemical lines;
 2763  fuel oil and gasoline piping and tank and pump installation,
 2764  except bulk storage plants; and pneumatic control piping
 2765  systems, all in a manner that complies with all plans,
 2766  specifications, codes, laws, and regulations applicable. The
 2767  scope of work of the plumbing contractor applies to private
 2768  property and public property, including any excavation work
 2769  incidental thereto, and includes the work of the specialty
 2770  plumbing contractor. Such contractor shall subcontract, with a
 2771  qualified contractor in the field concerned, all other work
 2772  incidental to the work but which is specified as being the work
 2773  of a trade other than that of a plumbing contractor. This
 2774  definition does not limit the scope of work of any specialty
 2775  contractor certified pursuant to s. 489.113(6) and does not
 2776  require certification or registration under this part as a
 2777  category I liquefied petroleum gas dealer, or category V LP gas
 2778  installer, as defined in s. 527.01, or specialty installer who
 2779  is licensed under chapter 527 or an authorized employee of a
 2780  public natural gas utility or of a private natural gas utility
 2781  regulated by the Public Service Commission when disconnecting
 2782  and reconnecting water lines in the servicing or replacement of
 2783  an existing water heater. A plumbing contractor may perform
 2784  drain cleaning and clearing and install or repair rainwater
 2785  catchment systems; however, a mandatory licensing requirement is
 2786  not established for the performance of these specific services.
 2787         Section 53. Subsection (3) of section 527.06, Florida
 2788  Statutes, is reenacted to read:
 2789         527.06 Rules.—
 2790         (3) Rules in substantial conformity with the published
 2791  standards of the National Fire Protection Association (NFPA) are
 2792  deemed to be in substantial conformity with the generally
 2793  accepted standards of safety concerning the same subject matter.
 2794         Section 54. This act shall take effect July 1, 2018.