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A bill to be entitled 1
An act relating to the Department of Agriculture and 2
Consumer Services; amending s. 493.6105, F.S.; making 3
a technical change; revising requirements for 4
applicants for a Class "K" license; amending s. 5
493.6113, F.S.; revising the circumstances under which 6
the Department of Agriculture and Consumer Services 7
may waive firearms training requirements; revising 8
requirements for applicants for a Class "K" license; 9
requiring the Division of Licensing of the department 10
to establish a specified late fee by rule; ame nding s. 11
493.6123, F.S.; authorizing the department to publish 12
certain information online in lieu of using a paper 13
format; amending ss. 493.6304 and 493.6406, F.S.; 14
making technical changes; amending s. 496.405, F.S.; 15
revising requirements relating to regi stration fees 16
for certain charitable organizations, sponsors, and 17
parent organizations; amending s. 496.406, F.S.; 18
conforming provisions to changes made by the act; 19
amending s. 527.01, F.S.; revising the definitions of 20
the terms "Category I liquefied petro leum gas dealer" 21
and "Category V LP gas installer"; creating s. 22
812.0151, F.S.; defining the term "fuel"; providing 23
criminal penalties for certain actions relating to 24
retail fuel theft; requiring law enforcement agencies 25
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to remove and reclaim, recycle, or dispose of fuel in 26
a specified manner; requiring judges to enter a 27
specified order for persons convicted of violating 28
specified provisions; specifying that convicted 29
persons are responsible for certain costs and 30
payments; reenacting ss. 366.032(1)(e) and 31
489.105(3)(m), F.S., relating to preemption over 32
utility service restrictions and definitions, 33
respectively, to incorporate the amendments made by 34
this act to s. 527.01, F.S., in references thereto; 35
providing an effective date. 36
37
Be It Enacted by the Leg islature of the State of Florida: 38
39
Section 1. Subsection (2) and paragraph (a) of subsection 40
(6) of section 493.6105, Florida Statutes, are amended to read: 41
493.6105 Initial application for license. — 42
(2) Each application must be signed and verified by the 43
applicant individual under oath as provided in s. 92.525. 44
(6) In addition to the requirements under subsection (3), 45
an applicant for a Class "K" license must: 46
(a) Submit one of the following: 47
1. The Florida Criminal Justice Standards and Trai ning 48
Commission Instructor Certificate and written confirmation by 49
the commission that the applicant possesses an active firearms 50
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certification. 51
2. A valid National Rifle Association Private Security 52
Firearm Instructor Certificate issued not more than 3 years 53
before the submission of the applicant's Class "K" application. 54
3. A valid firearms instructor certificate issued by a 55
federal law enforcement agency issued not more than 3 years 56
before the submission of the applicant's Class "K" application. 57
4. A valid DD Form 214 issued not more than 3 years before 58
the submission of the applicant's Class "K" application, 59
indicating that the applicant has been honorably discharged and 60
served no less than 3 years in the military as a firearms 61
instructor. 62
Section 2. Paragraphs (b) and (d) of subsection (3) and 63
subsection (4) of section 493.6113, Florida Statutes, are 64
amended to read: 65
493.6113 Renewal application for licensure. — 66
(3) Each licensee is responsible for renewing his or her 67
license on or before its expiration by filing with the 68
department an application for renewal accompanied by payment of 69
the renewal fee and the fingerprint retention fee to cover the 70
cost of ongoing retention in the statewide automated biometric 71
identification system established i n s. 943.05(2)(b). Upon the 72
first renewal of a license issued under this chapter before 73
January 1, 2017, the licensee shall submit a full set of 74
fingerprints and fingerprint processing fees to cover the cost 75
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of entering the fingerprints into the statewide automated 76
biometric identification system pursuant to s. 493.6108(4)(a) 77
and the cost of enrollment in the Federal Bureau of 78
Investigation's national retained print arrest notification 79
program. Subsequent renewals may be completed without submission 80
of a new set of fingerprints. 81
(b) Each Class "G" licensee shall additionally submit 82
proof that he or she has received during each year of the 83
license period a minimum of 4 hours of firearms requalification 84
training taught by a Class "K" licensee and has complie d with 85
such other health and training requirements that the department 86
shall adopt by rule. Proof of completion of firearms 87
requalification training shall be submitted to the department 88
upon completion of the training. A Class "G" licensee must 89
successfully complete this requalification training for each 90
type and caliber of firearm carried in the course of performing 91
his or her regulated duties. If the licensee fails to complete 92
the required 4 hours of annual training during the first year of 93
the 2-year term of the license, the license shall be 94
automatically suspended. The licensee must complete the minimum 95
number of hours of range and classroom training required at the 96
time of initial licensure and submit proof of completion of such 97
training to the departme nt before the license may be reinstated. 98
If the licensee fails to complete the required 4 hours of annual 99
training during the second year of the 2 -year term of the 100
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license, the licensee must complete the minimum number of hours 101
of range and classroom train ing required at the time of initial 102
licensure and submit proof of completion of such training to the 103
department before the license may be renewed. The department may 104
waive the firearms training requirement if: 105
1. The applicant provides proof that he or she is 106
currently certified as a law enforcement officer or correctional 107
officer under the Criminal Justice Standards and Training 108
Commission and has completed law enforcement firearms 109
requalification training annually during the previous 2 years of 110
the licensure period; 111
2. The applicant provides proof that he or she is 112
currently certified as a federal law enforcement officer and has 113
received law enforcement firearms training administered by a 114
federal law enforcement agency annually during the previous 2 115
years of the licensure period; or 116
3. The applicant submits a valid firearm certificate among 117
those specified in s. 493.6105(6)(a) and provides proof of 118
having completed requalification training during the previous 2 119
years of the licensure period ; or 120
4. The applicant provides proof that he or she has 121
completed annual firearms training in accordance with the 122
requirements of the federal Law Enforcement Officers Safety Act 123
under 18 U.S.C. ss. 926B -926C. 124
(d) Each Class "K" licensee shall additionally submit : 125
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1. One of the certificates specified under s. 493.6105(6) 126
as proof that he or she remains certified to provide firearms 127
instruction; or 128
2. Proof of having taught at least six 28 -hour firearms 129
instruction courses to Class "G" applicants during the pre vious 130
3-year license period. 131
(4) A licensee who fails to file a renewal application on 132
or before its expiration must renew his or her license by 133
fulfilling the applicable requirements of subsection (3) and may 134
be required to pay by paying a late fee equal to the amount of 135
the license fee. The division shall establish the amount of the 136
late fee authorized under this subsection by rule; however, such 137
late fee may not exceed the amount of the license fee. 138
Section 3. Subsection (3) is added to section 493 .6123, 139
Florida Statutes, to read: 140
493.6123 Publication to industry. — 141
(3) The department may publish all information required by 142
this section online in lieu of using a paper format. 143
Section 4. Subsection (2) of section 493.6304, Florida 144
Statutes, is amended to read: 145
493.6304 Security officer school or training facility. — 146
(2) The application must shall be signed and verified by 147
the applicant under oath as provided in s. 92.525 and must 148
contain, at a minimum, the following information: 149
(a) The name and address of the school or training 150
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facility and, if the applicant is an individual, her or his 151
name, address, and social security or alien registration number. 152
(b) The street address of the place at which the training 153
is to be conducted. 154
(c) A copy of the training curriculum and final 155
examination to be administered. 156
Section 5. Subsection (2) of section 493.6406, Florida 157
Statutes, is amended to read: 158
493.6406 Recovery agent school or training facility. — 159
(2) The application must be signed an d verified by the 160
applicant under oath as provided in s. 92.525 and must shall 161
contain, at a minimum, the following information: 162
(a) The name and address of the school or training 163
facility and, if the applicant is an individual, his or her 164
name, address, and social security or alien registration number. 165
(b) The street address of the place at which the training 166
is to be conducted or the street address of the Class "RS" 167
school offering Internet -based or correspondence training. 168
(c) A copy of the trainin g curriculum and final 169
examination to be administered. 170
Section 6. Paragraph (a) of subsection (4) of section 171
496.405, Florida Statutes, is amended to read: 172
496.405 Registration statements by charitable 173
organizations and sponsors. — 174
(4)(a) Every charitable organization, sponsor, or parent 175
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organization filing on behalf of one or more chapters, branches, 176
or affiliates that is required to register under this section 177
must pay a single registration fee. A parent organization filing 178
on behalf of one or more chapters, branches, or affiliates shall 179
total all contributions received by the chapters, branches, or 180
affiliates included in the registration statement to determine 181
registration fees. Fees shall be assessed as follows: 182
1.a. Ten dollars, if the contribu tions received for the 183
last fiscal or calendar year were less than $5,000; or 184
b. Ten dollars, if the contributions actually raised or 185
received from the public during the immediately preceding fiscal 186
year by such organization or sponsor are no more than $50,000 187
$25,000 and the fundraising activities of such organization or 188
sponsor are carried on by volunteers, members, officers, or 189
permanent employees, who are not compensated, primarily to 190
solicit such contributions, provided no part of the assets or 191
income of such organization or sponsor inures to the benefit of 192
or is paid to any officer or member of such organization or 193
sponsor or to any professional fundraising consultant, 194
professional solicitor, or commercial co -venturer; 195
2. Seventy-five dollars, if the contributions received for 196
the last fiscal year were $5,000 or more, but less than 197
$100,000; 198
3. One hundred twenty -five dollars, if the contributions 199
received for the last fiscal year were $100,000 or more, but 200
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less than $200,000; 201
4. Two hundred dollars, if the contributions received for 202
the last fiscal year were $200,000 or more, but less than 203
$500,000; 204
5. Three hundred dollars, if the contributions received 205
for the last fiscal year were $500,000 or more, but less than $1 206
million; 207
6. Three hundred fifty dollars, if the contributions 208
received for the last fiscal year were $1 million or more, but 209
less than $10 million; 210
7. Four hundred dollars, if the contributions received for 211
the last fiscal year were $10 million or more. 212
Section 7. Paragraph (d) of subsection (1) of section 213
496.406, Florida Statutes, is amended to read: 214
496.406 Exemption from registration. — 215
(1) The following charitable organizations and sponsors 216
are exempt from the requirements of s. 496.405: 217
(d) A charitable organi zation or sponsor that has less 218
than $50,000 $25,000 in total revenue during a fiscal year if 219
the fundraising activities of such organization or sponsor are 220
carried on by volunteers, members, or officers who are not 221
compensated and no part of the assets or income of such 222
organization or sponsor inures to the benefit of or is paid to 223
any officer or member of such organization or sponsor or to any 224
professional fundraising consultant, professional solicitor, or 225
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commercial co-venturer. If a charitable organizat ion or sponsor 226
that has less than $50,000 $25,000 in total revenue during a 227
fiscal year actually acquires total revenue equal to or in 228
excess of $50,000 $25,000, the charitable organization or 229
sponsor must register with the department as required by s. 230
496.405 within 30 days after the date the revenue reaches 231
$50,000 $25,000. 232
Section 8. Subsections (6) and (10) of section 527.01, 233
Florida Statutes, are amended to read: 234
527.01 Definitions. —As used in this chapter: 235
(6) "Category I liquefied petroleum g as dealer" means any 236
person selling or offering to sell by delivery or at a 237
stationary location any liquefied petroleum gas to the consumer 238
for industrial, commercial, or domestic use; any person leasing 239
or offering to lease, or exchanging or offering to e xchange, any 240
apparatus, appliances, and equipment for the use of liquefied 241
petroleum gas; any person designing, installing, servicing, 242
altering, or modifying apparatus, piping, tubing, appliances, 243
and equipment for the use of liquefied petroleum or natural gas; 244
any person installing carburetion equipment; or any person 245
requalifying cylinders. 246
(10) "Category V LP gas installer" means any person who is 247
engaged in the liquefied petroleum gas business and whose 248
services include the design, installation, servicing, altering, 249
or modifying of apparatus, piping, tubing, tanks, and equipment 250
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for the use of liquefied petroleum or natural gas and selling or 251
offering to sell, or leasing or offering to lease, apparatus, 252
appliances, and equipment for the use of liquefie d petroleum or 253
natural gas. 254
Section 9. Section 812.0151, Florida Statutes, is created 255
to read: 256
812.0151 Retail fuel theft. — 257
(1) As used in this section, the term "fuel" has the same 258
meaning as in s. 163.3206(2). 259
(2)(a) A person commits a felony of the third degree, 260
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 261
if he or she willfully, knowingly, and without authorization: 262
1. Breaches a retail fuel dispenser or accesses any 263
internal portion of a retail fuel dispenser; or 264
2. Possesses any device constructed for the purpose of 265
fraudulently altering, manipulating, or interrupting the normal 266
functioning of a retail fuel dispenser. 267
(b) A person commits a felony of the second degree, 268
punishable as provided in s. 775.082, s. 775.08 3, or s. 775.084, 269
if he or she willfully, knowingly, and without authorization: 270
1. Physically tampers with, manipulates, removes, 271
replaces, or interrupts any mechanical or electronic component 272
located within the internal portion of a retail fuel dispense r; 273
or 274
2. Uses any form of electronic communication to 275
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fraudulently alter, manipulate, or interrupt the normal 276
functioning of a retail fuel dispenser. 277
(c) A person commits a felony of the third degree, 278
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 279
if he or she: 280
1. Obtains fuel as a result of violating paragraph (a) or 281
paragraph (b); or 282
2. Modifies a vehicle's factory installed fuel tank or 283
possesses any item used to hold fuel which was not fitted to a 284
vehicle or conveyance at the time of manufacture with the intent 285
to use such fuel tank or item to hold or transport fuel obtained 286
as a result of violating paragraph (a) or paragraph (b). 287
(3) Any person who aids, abets, or assists a person in 288
committing a violation of this section co mmits a felony of the 289
third degree, punishable as provided in s. 775.082, s. 775.083, 290
or s. 775.084. 291
(4) Any conveyances, vehicles, fuel tanks, and other 292
equipment used or intended to be used in a violation of this 293
section, and any fuel acquired in a vio lation of this section, 294
is subject to seizure and forfeiture as provided by the Florida 295
Contraband Forfeiture Act. 296
(5) A law enforcement agency that seizes fuel under this 297
section must remove and reclaim, recycle, or dispose of all the 298
fuel as soon as practicable in a safe and proper manner. 299
(6) Upon conviction of a person arrested for a violation 300
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of this section, the judge must issue an order adjudging and 301
declaring that all conveyances, vehicles, fuel tanks, and other 302
equipment used or intended to be used in a violation of this 303
section are forfeited and directing their destruction, with the 304
exception of the conveyance or vehicle. 305
(7) Any person convicted of a violation of this section is 306
responsible for both of the following: 307
(a) All reasonable costs incurred by the investigating law 308
enforcement agency, including, but not limited to, the costs for 309
the towing and storage of the conveyance or vehicle, the removal 310
and disposal of the fuel, and the storage and destruction of all 311
fuel tanks and other equipment described and used or intended to 312
be used in a violation of this section. 313
(b) Payment, to the party from whom it was fraudulently 314
obtained, for the retail value of any associated fuel at the 315
time of the underlying act. 316
Section 10. For the p urpose of incorporating the 317
amendments made by this act to section 527.01, Florida Statutes, 318
in a reference thereto, paragraph (e) of subsection (1) of 319
section 366.032, Florida Statutes, is reenacted to read: 320
366.032 Preemption over utility service restr ictions.— 321
(1) A municipality, county, special district, or other 322
political subdivision of the state may not enact or enforce a 323
resolution, ordinance, rule, code, or policy or take any action 324
that restricts or prohibits or has the effect of restricting or 325
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prohibiting the types or fuel sources of energy production which 326
may be used, delivered, converted, or supplied by the following 327
entities to serve customers that such entities are authorized to 328
serve: 329
(e) A Category I liquefied petroleum gas dealer or 330
Category II liquefied petroleum gas dispenser or Category III 331
liquefied petroleum gas cylinder exchange operator as defined in 332
s. 527.01. 333
Section 11. For the purpose of incorporating the 334
amendments made by this act to section 527.01, Florida Statutes, 335
in a reference thereto, paragraph (m) of subsection (3) of 336
section 489.105, Florida Statutes, is reenacted to read: 337
489.105 Definitions. —As used in this part: 338
(3) "Contractor" means the person who is qualified for, 339
and is only responsible for, the proje ct contracted for and 340
means, except as exempted in this part, the person who, for 341
compensation, undertakes to, submits a bid to, or does himself 342
or herself or by others construct, repair, alter, remodel, add 343
to, demolish, subtract from, or improve any buil ding or 344
structure, including related improvements to real estate, for 345
others or for resale to others; and whose job scope is 346
substantially similar to the job scope described in one of the 347
paragraphs of this subsection. For the purposes of regulation 348
under this part, the term "demolish" applies only to demolition 349
of steel tanks more than 50 feet in height; towers more than 50 350
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feet in height; other structures more than 50 feet in height; 351
and all buildings or residences. Contractors are subdivided into 352
two divisions, Division I, consisting of those contractors 353
defined in paragraphs (a) -(c), and Division II, consisting of 354
those contractors defined in paragraphs (d) -(q): 355
(m) "Plumbing contractor" means a contractor whose 356
services are unlimited in the plumbing t rade and includes 357
contracting business consisting of the execution of contracts 358
requiring the experience, financial means, knowledge, and skill 359
to install, maintain, repair, alter, extend, or, if not 360
prohibited by law, design plumbing. A plumbing contracto r may 361
install, maintain, repair, alter, extend, or, if not prohibited 362
by law, design the following without obtaining an additional 363
local regulatory license, certificate, or registration: sanitary 364
drainage or storm drainage facilities, water and sewer plant s 365
and substations, venting systems, public or private water supply 366
systems, septic tanks, drainage and supply wells, swimming pool 367
piping, irrigation systems, and solar heating water systems and 368
all appurtenances, apparatus, or equipment used in connection 369
therewith, including boilers and pressure process piping and 370
including the installation of water, natural gas, liquefied 371
petroleum gas and related venting, and storm and sanitary sewer 372
lines. The scope of work of the plumbing contractor also 373
includes the design, if not prohibited by law, and installation, 374
maintenance, repair, alteration, or extension of air -piping, 375
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vacuum line piping, oxygen line piping, nitrous oxide piping, 376
and all related medical gas systems; fire line standpipes and 377
fire sprinklers if authorized by law; ink and chemical lines; 378
fuel oil and gasoline piping and tank and pump installation, 379
except bulk storage plants; and pneumatic control piping 380
systems, all in a manner that complies with all plans, 381
specifications, codes, laws, and regulat ions applicable. The 382
scope of work of the plumbing contractor applies to private 383
property and public property, including any excavation work 384
incidental thereto, and includes the work of the specialty 385
plumbing contractor. Such contractor shall subcontract, with a 386
qualified contractor in the field concerned, all other work 387
incidental to the work but which is specified as being the work 388
of a trade other than that of a plumbing contractor. This 389
definition does not limit the scope of work of any specialty 390
contractor certified pursuant to s. 489.113(6) and does not 391
require certification or registration under this part as a 392
category I liquefied petroleum gas dealer, or category V LP gas 393
installer, as defined in s. 527.01, who is licensed under 394
chapter 527 or an aut horized employee of a public natural gas 395
utility or of a private natural gas utility regulated by the 396
Public Service Commission when disconnecting and reconnecting 397
water lines in the servicing or replacement of an existing water 398
heater. A plumbing contract or may perform drain cleaning and 399
clearing and install or repair rainwater catchment systems; 400
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however, a mandatory licensing requirement is not established 401
for the performance of these specific services. 402
Section 12. This act shall take effect July 1, 2023. 403