Florida Senate Bill S1084 Comm Sub / Bill

 Florida Senate - 2024 CS for CS for SB 1084  By the Committee on Fiscal Policy; the Appropriations Committee on Agriculture, Environment, and General Government; and Senator Collins 594-03671-24 20241084c2 1 A bill to be entitled 2 An act relating to the Department of Agriculture and 3 Consumer Services; amending s. 366.94, F.S.; 4 preempting the regulation of electric vehicle charging 5 stations to the state; prohibiting local governmental 6 entities from enacting or enforcing such regulations; 7 amending ss. 482.111, 482.151, and 482.155, F.S.; 8 providing that a pest control operators certificate, 9 a special identification card, and certain limited 10 certifications for pesticide applicators, 11 respectively, expire a specified length of time after 12 issuance; revising renewal requirements for such 13 certificates and cards; amending s. 482.156, F.S.; 14 revising the tasks, pesticides, and equipment that 15 individual commercial landscape maintenance personnel 16 with limited certifications may perform and use; 17 revising the initial and renewal certification 18 requirements for such personnel; amending s. 482.157, 19 F.S.; providing that a limited certification for 20 commercial wildlife management personnel expires a 21 specified length of time after issuance; revising 22 renewal certification requirements for such personnel; 23 amending s. 482.161, F.S.; authorizing the department 24 to take disciplinary action against a person who 25 swears to or affirms a false statement on certain 26 applications, cheats on a required examination, or 27 violates certain procedures under certain 28 circumstances; amending s. 482.191, F.S.; providing 29 penalties for a person who swears to or affirms a 30 false statement on certain applications; providing 31 that cheating on certain examinations or violating 32 certain examination procedures voids an examinees 33 exam attempt; authorizing the department to adopt 34 rules establishing penalties for such a violation; 35 authorizing the department to exercise discretion in 36 assessing penalties in certain circumstances; amending 37 s. 482.226, F.S.; requiring pest control licensees to 38 provide property owners or their agents with a signed 39 report that meets certain requirements after each 40 inspection; amending s. 487.031, F.S.; prohibiting a 41 person from swearing to or affirming a false statement 42 on certain pesticide applicator license applications, 43 cheating on a required examination, or violating 44 certain procedures; making technical changes; amending 45 s. 487.175, F.S.; providing penalties for a person who 46 swears to or affirms a false statement on certain 47 applications; providing that cheating on certain 48 examinations or violating certain examination 49 procedures voids an examinees exam attempt; requiring 50 the department to adopt rules establishing penalties 51 for such a violation; authorizing the department to 52 exercise discretion in assessing penalties in certain 53 circumstances; amending s. 493.6113, F.S.; authorizing 54 Class G licensees to qualify for multiple calibers 55 of firearms in one requalification class under certain 56 circumstances; creating s. 493.6127, F.S.; authorizing 57 the department to appoint tax collectors to accept 58 new, renewal, and replacement license applications 59 under certain circumstances; requiring the department 60 to establish by rule the types of licenses the tax 61 collectors may accept; providing an application 62 process for tax collectors who wish to perform such 63 functions; providing that certain confidential 64 information contained in the records of an appointed 65 tax collector retains its confidentiality; prohibiting 66 any person not appointed to do so from accepting an 67 application for a license for a fee or compensation; 68 authorizing tax collectors to collect and retain 69 certain convenience fees; requiring the tax collectors 70 to remit certain fees to the department for deposit in 71 the Division of Licensing Trust Fund; providing 72 penalties; amending s. 496.404, F.S.; defining the 73 term street address; amending s. 496.405, F.S.; 74 deleting certain fees; amending s. 496.406, F.S.; 75 revising the circumstances under which charitable 76 organizations or sponsors are exempt from specified 77 provisions; revising the information that charitable 78 organizations and sponsors must provide to the 79 department when claiming certain exemptions; amending 80 s. 496.407, F.S.; revising the information charitable 81 organizations or sponsors are required to provide to 82 the department when initially registering or annually 83 renewing a registration; revising circumstances under 84 which the department may extend the time for filing a 85 required financial statement; amending ss. 496.409, 86 496.410, 496.4101, 496.411, 496.4121, and 496.425, 87 F.S.; revising the information that professional 88 fundraising consultants must include in applications 89 for registration or renewals of registration, that 90 professional solicitors must include in applications 91 for registration, renewals of registration, and 92 solicitation notices provided to the department and 93 that professional solicitors are required to maintain 94 in their records, that must be included in certain 95 solicitor license applications, that disclosures of 96 charitable organizations or sponsors soliciting in 97 this state must include, that must be displayed on 98 certain collection receptacles, and that a person 99 desiring to solicit funds within a facility must 100 provide in an application to the department and must 101 display prominently on his or her badge or insignia, 102 respectively, to include street addresses; reenacting 103 and amending s. 500.03, F.S.; defining the term 104 cultivated meat; creating s. 500.452, F.S.; 105 prohibiting the manufacture for sale, sale, holding or 106 offering for sale, or distribution of cultivated meat 107 in this state; providing criminal penalties; providing 108 for disciplinary action and additional licensing 109 penalties; providing that such products are subject to 110 certain actions and orders; authorizing the department 111 to adopt rules; amending s. 507.07, F.S.; prohibiting 112 a mover from placing a shippers goods in a self 113 service storage unit or self-contained unit not owned 114 by the mover unless certain conditions are met; 115 repealing s. 531.67, F.S., relating to the scheduled 116 expiration of certain provisions related to weights, 117 measurements, and standards; amending s. 559.904, 118 F.S.; revising the information that must be provided 119 to the department on a motor vehicle repair shop 120 registration application; providing that the 121 registration fee must be calculated for each location; 122 amending s. 559.905, F.S.; revising the cost of repair 123 work which requires a motor vehicle repair shop to 124 provide a customer with a written repair estimate; 125 amending s. 570.07, F.S.; revising the amount up to 126 which the department is authorized to use to repair or 127 build structures; amending s. 570.69, F.S.; defining 128 the term center; deleting the definition of the term 129 museum; amending s. 570.691, F.S.; conforming 130 provisions to changes made by the act; amending s. 131 570.692, F.S.; renaming the Florida Agricultural 132 Museum as the Florida Agricultural Legacy Learning 133 Center; creating s. 581.189, F.S.; defining terms; 134 prohibiting the willful destruction, harvest, or sale 135 of saw palmetto berries without first obtaining 136 written permission from the landowner or legal 137 representative and a permit from the department; 138 specifying the information that the landowners 139 written permission must include; requiring an 140 authorized saw palmetto berry dealer to maintain 141 certain information for a specified timeframe; 142 authorizing law enforcement officers or authorized 143 employees of the department to seize or order to be 144 held for a specified timeframe saw palmetto berries 145 harvested, sold, or exposed for sale in violation of 146 specified provisions; declaring that unlawfully 147 harvested saw palmetto berries constitute contraband 148 and are subject to seizure and disposal; authorizing 149 law enforcement agencies that seize such saw palmetto 150 berries to sell the berries and retain the proceeds to 151 implement certain provisions; providing that such law 152 enforcement agencies are exempt from certain 153 provisions; requiring the law enforcement agencies to 154 submit certain information annually to the department; 155 providing criminal penalties; providing that 156 individuals convicted of such violations are 157 responsible for specified costs; defining the term 158 convicted; providing construction; requiring the 159 department to adopt rules; amending s. 581.217, F.S.; 160 redefining the term hemp extract; amending s. 161 585.01, F.S.; revising the definition of the term 162 livestock to include poultry; amending s. 790.0625, 163 F.S.; authorizing certain tax collectors to collect 164 and retain certain convenience fees for certain 165 concealed weapon or firearm license applications; 166 authorizing such tax collectors to print and deliver 167 replacement licenses to licensees under certain 168 circumstances; authorizing such tax collectors to 169 provide fingerprinting and photography services; 170 amending s. 810.011, F.S.; revising the definition of 171 the term posted land to include land classified as 172 agricultural which has specified signs placed at 173 specified points; amending s. 810.09, F.S.; providing 174 criminal penalties for trespassing with the intent to 175 commit a crime on commercial agricultural property 176 under certain circumstances; defining the term 177 commercial agricultural property; amending s. 178 1003.24, F.S.; providing that a students 179 participation in a 4-H or Future Farmers of America 180 activity is an excused absence from school; defining 181 the term 4-H representative; amending ss. 379.3004, 182 812.014, and 921.0022, F.S.; conforming cross 183 references; reenacting s. 493.6115(6), F.S., relating 184 to weapons and firearms, to incorporate the amendment 185 made to s. 493.6113, F.S., in a reference thereto; 186 reenacting s. 496.4055(2), F.S., relating to 187 charitable organization or sponsor board duties, to 188 incorporate the amendment made to s. 496.405, F.S., in 189 references thereto; reenacting s. 559.907(1)(b), F.S., 190 relating to the charges for motor vehicle repair 191 estimates, to incorporate the amendment made to s. 192 559.905, F.S., in a reference thereto; reenacting ss. 193 468.382(6), 534.47(3), 767.01, and 767.03, F.S., 194 relating to the definition of the term livestock for 195 auctions, livestock markets, dog owners liability for 196 damages to livestock, and defenses for killing dogs, 197 respectively, to incorporate the amendment made to s. 198 585.01, F.S., in references thereto; providing 199 effective dates. 200 201 Be It Enacted by the Legislature of the State of Florida: 202 203 Section 1.Subsection (2) of section 366.94, Florida 204 Statutes, is amended to read: 205 366.94Electric vehicle charging stations. 206 (2)The regulation of electric vehicle charging stations is 207 preempted to the state. 208 (a)A local governmental entity may not enact or enforce an 209 ordinance or regulation related to electric vehicle charging 210 stations. 211 (b)The Department of Agriculture and Consumer Services 212 shall adopt rules to provide definitions, methods of sale, 213 labeling requirements, and price-posting requirements for 214 electric vehicle charging stations to allow for consistency for 215 consumers and the industry. 216 Section 2.Subsections (3), (4), and (10) of section 217 482.111, Florida Statutes, are amended to read: 218 482.111Pest control operators certificate. 219 (3)A certificate expires 1 year after the date of 220 issuance. Annually, on or before the 1-year an anniversary of 221 the date of issuance set by the department, an individual so 222 issued a pest control operators certificate must apply to the 223 department on a form prescribed by the department to renew the 224 for renewal of such certificate. After a grace period not 225 exceeding 30 calendar days following such expiration renewal 226 date, the department shall assess a late renewal charge of $50 227 shall be assessed and the certificateholder must pay the late 228 renewal charge be paid in addition to the renewal fee. 229 (4)If a certificateholder fails to renew his or her 230 certificate and provide proof of completion of the required 231 continuing education units under subsection (10) within 60 days 232 after the certificates expiration date, the certificateholder 233 may be recertified only after reexamination Unless timely 234 renewed, a certificate automatically expires 180 calendar days 235 after the anniversary renewal date. Subsequent to such 236 expiration, a certificate may be issued only upon successful 237 reexamination and upon payment of the examination and issuance 238 fees due. 239 (10)In order to renew Prior to the expiration date of a 240 certificate, the certificateholder must complete 2 hours of 241 approved continuing education on legislation, safety, pesticide 242 labeling, and integrated pest management and 2 hours of approved 243 continuing education in each category of her or his certificate 244 or must pass an examination given by the department. The 245 department may not renew a certificate if the continuing 246 education or examination requirement is not met. 247 (a)Courses or programs, to be considered for credit, must 248 include one or more of the following topics: 249 1.The law and rules of this state pertaining to pest 250 control. 251 2.Precautions necessary to safeguard life, health, and 252 property in the conducting of pest control and the application 253 of pesticides. 254 3.Pests, their habits, recognition of the damage they 255 cause, and identification of them by accepted common name. 256 4.Current accepted industry practices in the conducting of 257 fumigation, termites and other wood-destroying organisms pest 258 control, lawn and ornamental pest control, and household pest 259 control. 260 5.How to read labels, a review of current state and 261 federal laws on labeling, and a review of changes in or 262 additions to labels used in pest control. 263 6.Integrated pest management. 264 (b)The certificateholder must submit with her or his 265 application for renewal a statement certifying that she or he 266 has completed the required number of hours of continuing 267 education. The statement must be on a form prescribed by the 268 department and must identify at least the date, location, 269 provider, and subject of the training and must provide such 270 other information as required by the department. 271 (c)The department shall charge the same fee for 272 examination as provided in s. 482.141(2). 273 Section 3.Subsections (6), (7), and (8) of section 274 482.151, Florida Statutes, are amended to read: 275 482.151Special identification card for performance of 276 fumigation. 277 (6)A special identification card expires 1 year after the 278 date of issuance. A cardholder must apply An application to the 279 department to renew his or her for renewal of a special 280 identification card must be made on or before the 1-year an 281 anniversary of the date of issuance set by the department. The 282 department shall set the fee for renewal of a special 283 identification card shall be set by the department but the fee 284 may not be more than $100 or less than $50; however, until a 285 rule setting this fee is adopted by the department, the renewal 286 fee is shall be $50. After a grace period not exceeding 30 287 calendar days following such expiration renewal date, the 288 department shall assess a late renewal charge of $25, which the 289 cardholder must pay be paid in addition to the renewal fee. 290 (7)If a cardholder fails to renew his or her card and 291 provide proof of completion of the continuing education units 292 required by subsection (8) within 60 days after the expiration 293 date, the cardholder may be reissued a special identification 294 card only after reexamination Unless timely renewed, a special 295 identification card automatically expires 180 calendar days 296 after the anniversary renewal date. Subsequent to such 297 expiration, a special identification card may be issued only 298 upon successful reexamination and upon payment of examination 299 and issuance fees due, as provided in this section. 300 (8)In order to renew Prior to the expiration date of a 301 special identification card, the cardholder must do at least one 302 of the following: 303 (a)Complete 2 hours of approved continuing education on 304 legislation, safety, and pesticide labeling and 2 hours of 305 approved continuing education in the fumigation category.; or 306 (b)Pass an examination in fumigation given by the 307 department. 308 Section 4.Paragraph (b) of subsection (1) of section 309 482.155, Florida Statutes, is amended to read: 310 482.155Limited certification for governmental pesticide 311 applicators or private applicators. 312 (1) 313 (b)A person seeking limited certification under this 314 subsection must pass an examination given or approved by the 315 department. Each application for examination must be accompanied 316 by an examination fee set by the department, in an amount of not 317 more than $150 or less than $50; and a recertification fee of 318 $25 every 4 years. Until rules setting these fees are adopted by 319 the department, the examination fee is $50. Application for 320 recertification must be accompanied by proof of having completed 321 4 classroom hours of acceptable continuing education. The 322 limited certificate expires 4 years after the date of issuance. 323 If the certificateholder fails to renew his or her certificate 324 and provide proof of completion of the required continuing 325 education units within 60 days after the expiration date, the 326 certificateholder may be recertified only after reexamination. 327 The department shall provide the appropriate reference material 328 and make the examination readily accessible and available to all 329 applicants at least quarterly or as necessary in each county. 330 Section 5.Subsections (1), (2), and (3), of section 331 482.156, Florida Statutes, are amended to read: 332 482.156Limited certification for commercial landscape 333 maintenance personnel. 334 (1)The department shall establish a limited certification 335 category for individual commercial landscape maintenance 336 personnel to authorize them to apply herbicides for controlling 337 weeds in plant beds, driveways, sidewalks, and patios and to 338 perform integrated pest management on ornamental plants using 339 pesticides that do not have a insecticides and fungicides having 340 the signal word or that have the signal word caution but do 341 not have having the signal word warning or danger on the 342 label. The application equipment that may be used by a person 343 certified pursuant to this section is limited to portable, 344 handheld application equipment and 3-gallon compressed air 345 sprayers or backpack sprayers but having no more than a 5-gallon 346 capacity and does not include any type of power equipment. 347 (2)(a)A person seeking limited certification under this 348 section must pass an examination given by the department. Each 349 application for examination must be accompanied by an 350 examination fee set by rule of the department, in an amount of 351 not more than $150 or less than $50. Before the department 352 issues Prior to the departments issuing a limited certification 353 under this section, each person applying for the certification 354 must furnish proof of having a certificate of insurance which 355 states that the employer meets the requirements for minimum 356 financial responsibility for bodily injury and property damage 357 required by s. 482.071(4). 358 (b)To be eligible to take the examination, an applicant 359 must have completed 6 classroom hours of plant bed and 360 ornamental continuing education training approved by the 361 department and provide sufficient proof, according to criteria 362 established by department rule. The department shall provide the 363 appropriate reference materials for the examination and make the 364 examination readily accessible and available to applicants at 365 least quarterly or as necessary in each county. 366 (3)A certificate expires 1 year after the date of 367 issuance. A certificateholder must apply to the department to 368 renew his or her certificate on or before the 1-year anniversary 369 of the date of issuance. The An application for recertification 370 under this section must be made annually and be accompanied by a 371 recertification fee set by rule of the department, in an amount 372 of not more than $75 or less than $25. The application must also 373 be accompanied by proof of having completed 4 classroom hours of 374 acceptable continuing education and the same proof of having a 375 certificate of insurance as is required for issuance of this 376 certification. After a grace period not exceeding 30 calendar 377 days following such expiration date the annual date that 378 recertification is due, a late renewal charge of $50 shall be 379 assessed and must be paid in addition to the renewal fee. If a 380 certificateholder fails to renew his or her certificate and 381 provide proof of completing the required continuing education 382 units within 60 days after the expiration date, the 383 certificateholder may be recertified only after reexamination 384 Unless timely recertified, a certificate automatically expires 385 180 calendar days after the anniversary recertification date. 386 Subsequent to such expiration, a certificate may be issued only 387 upon successful reexamination and upon payment of the 388 examination fees due. 389 Section 6.Subsection (3) of section 482.157, Florida 390 Statutes, is amended to read: 391 482.157Limited certification for commercial wildlife 392 management personnel. 393 (3)A certificate expires 1 year after the date of 394 issuance. A certificateholder must apply to the department to 395 renew his or her certificate on or before the 1-year anniversary 396 of the date of issuance. The An application for recertification 397 must be made annually and be accompanied by a recertification 398 fee of at least $75, but not more than $150, as prescribed by 399 the department by rule. The application must also be accompanied 400 by proof of completion of the required 4 classroom hours of 401 acceptable continuing education and the required proof of 402 insurance. After a grace period not exceeding 30 calendar days 403 following such expiration after the recertification renewal 404 date, the department shall assess a late fee of $50 in addition 405 to the renewal fee. If a certificateholder fails to renew his or 406 her certificate and provide proof of completing the required 407 continuing education units within 60 days after the expiration 408 date, the certificateholder may be recertified only after 409 reexamination A certificate automatically expires 180 days after 410 the recertification date if the renewal fee has not been paid. 411 After expiration, the department shall issue a new certificate 412 only if the applicant successfully passes a reexamination and 413 pays the examination fee and late fee. 414 Section 7.Paragraphs (k) and (l) are added to subsection 415 (1) of section 482.161, Florida Statutes, to read: 416 482.161Disciplinary grounds and actions; reinstatement. 417 (1)The department may issue a written warning to or impose 418 a fine against, or deny the application for licensure or 419 licensure renewal of, a licensee, certified operator, limited 420 certificateholder, identification cardholder, or special 421 identification cardholder or any other person, or may suspend, 422 revoke, or deny the issuance or renewal of any license, 423 certificate, limited certificate, identification card, or 424 special identification card that is within the scope of this 425 chapter, in accordance with chapter 120, upon any of the 426 following grounds: 427 (k)Swearing to or affirming any false statement in an 428 application for a license issued pursuant to this chapter. 429 (l)Cheating on an examination required for licensure under 430 this chapter or violating a published test center or examination 431 procedure provided orally, in writing, or electronically at the 432 test site and affirmatively acknowledged by the examinee. 433 Section 8.Section 482.191, Florida Statutes, is amended to 434 read: 435 482.191Violation and penalty. 436 (1)It is unlawful to do any of the following: 437 (a)Solicit, practice, perform, or advertise in pest 438 control except as provided by this chapter. 439 (b)Swear to or affirm a false statement in an application 440 for a license or certificate issued pursuant to this chapter. A 441 false statement contained in an application for such license or 442 certificate renders the application, license, or certificate 443 void. 444 (c)Cheat on an examination required for licensure under 445 this chapter or violate a published test center or examination 446 procedure provided orally, in writing, or electronically at the 447 test site and affirmatively acknowledged by an examinee. 448 Violating this paragraph renders the examinees exam attempt 449 void. The department shall adopt rules establishing penalties 450 for examinees who violate this subsection. The department may 451 exercise discretion in assessing penalties based on the nature 452 and frequency of the violation. 453 (2)Except as provided in paragraph (1)(c), a person who 454 violates any provision of this chapter commits is guilty of a 455 misdemeanor of the second degree, punishable as provided in s. 456 775.082 or s. 775.083. 457 (3)A Any person who violates any rule of the department 458 relative to pest control commits is guilty of a misdemeanor of 459 the second degree, punishable as provided in s. 775.082 or s. 460 775.083. 461 Section 9.Subsection (3) of section 482.226, Florida 462 Statutes, is amended to read: 463 482.226Wood-destroying organism inspection report; notice 464 of inspection or treatment; financial responsibility. 465 (3)When an inspection If periodic reinspections or 466 retreatments are specified in wood-destroying organisms 467 preventive or control contracts is conducted or any treatment 468 covered by the wood-destroying organisms preventive or control 469 contracts is performed, the licensee shall furnish the property 470 owner or the property owners authorized agent, after each such 471 reinspection or retreatment, a signed report indicating the 472 presence or absence of wood-destroying organisms covered by the 473 contract, whether treatment retreatment was made, and the common 474 or brand name of the pesticide used. Such report need not be on 475 a form prescribed by the department. 476 (a)If a licensee performs an inspection not specified in 477 the wood-destroying organisms preventive or control contract, 478 and the presence of wood-destroying organisms covered by the 479 contract is identified, the licensee must provide the property 480 owner or property owners authorized agent with a signed report 481 notifying her or him of the presence of wood-destroying 482 organisms. 483 (b)A person may not perform inspections periodic 484 reinspections or treatments retreatments unless she or he has an 485 identification card issued under s. 482.091(9). 486 Section 10.Subsection (13) of section 487.031, Florida 487 Statutes, is amended to read: 488 487.031Prohibited acts.It is unlawful: 489 (13)For any person to do any of the following: 490 (a)Make a false or fraudulent claim through any medium, 491 misrepresenting the effect of materials or methods used.; 492 (b)Make a pesticide recommendation or application not in 493 accordance with the label, except as provided in this section, 494 or not in accordance with recommendations of the United States 495 Environmental Protection Agency or not in accordance with the 496 specifications of a special local need registration.; 497 (c)Operate faulty or unsafe equipment.; 498 (d)Operate in a faulty, careless, or negligent manner.; 499 (e)Apply any pesticide directly to, or in any manner cause 500 any pesticide to drift onto, any person or area not intended to 501 receive the pesticide.; 502 (f)Fail to disclose to an agricultural crop grower, before 503 prior to the time pesticides are applied to a crop, full 504 information regarding the possible harmful effects to human 505 beings or animals and the earliest safe time for workers or 506 animals to reenter the treated field.; 507 (g)Refuse or, after notice, neglect to comply with the 508 provisions of this part, the rules adopted under this part, or 509 any lawful order of the department.; 510 (h)Refuse or neglect to keep and maintain the records 511 required by this part or to submit reports when and as 512 required.; 513 (i)Make false or fraudulent records, invoices, or 514 reports.; 515 (j)Use fraud or misrepresentation in making an application 516 for a license or license renewal.; 517 (k)Swear to or affirm a false statement in an application 518 for a license issued pursuant to this chapter. 519 (l)Cheat on an examination required for licensure under 520 this chapter or violate a published test center or examination 521 procedure provided orally, in writing, or electronically at the 522 test site and affirmatively acknowledged by the examinee. 523 (m)Refuse or neglect to comply with any limitations or 524 restrictions on or in a duly issued license.; 525 (n)(l)Aid or abet a licensed or unlicensed person to evade 526 the provisions of this part, or combine or conspire with a 527 licensed or unlicensed person to evade the provisions of this 528 part, or allow a license to be used by an unlicensed person.; 529 (o)(m)Make false or misleading statements during or after 530 an inspection concerning any infestation or infection of pests 531 found on land.; 532 (p)(n)Make false or misleading statements, or fail to 533 report, pursuant to this part, any suspected or known damage to 534 property or illness or injury to persons caused by the 535 application of pesticides.; 536 (q)(o)Impersonate any state, county, or city inspector or 537 official.; 538 (r)(p)Fail to maintain a current liability insurance 539 policy or surety bond required by as provided for in this part.; 540 (s)(q)Fail to adequately train, as required by provided 541 for in this part, unlicensed applicators or mixer-loaders 542 applying restricted-use pesticides under the direct supervision 543 of a licensed applicator.; or 544 (t)(r)Fail to provide authorized representatives of the 545 department with records required by this part or with free 546 access for inspection and sampling of any pesticide, areas 547 treated with or impacted by these materials, and equipment used 548 in their application. 549 Section 11.Section 487.175, Florida Statutes, is amended 550 to read: 551 487.175Penalties; administrative fine; injunction. 552 (1)In addition to any other penalty provided in this part, 553 when the department finds any person, applicant, or licensee has 554 violated any provision of this part or rule adopted under this 555 part, it may enter an order imposing any one or more of the 556 following penalties: 557 (a)Denial of an application for licensure. 558 (b)Revocation or suspension of a license. 559 (c)Issuance of a warning letter. 560 (d)Placement of the licensee on probation for a specified 561 period of time and subject to conditions the department may 562 specify by rule, including requiring the licensee to attend 563 continuing education courses, to demonstrate competency through 564 a written or practical examination, or to work under the direct 565 supervision of another licensee. 566 (e)Imposition of an administrative fine in the Class III 567 category pursuant to s. 570.971 for each violation. When 568 imposing a fine under this paragraph, the department shall 569 consider the degree and extent of harm caused by the violation, 570 the cost of rectifying the damage, the amount of money the 571 violator benefited from by noncompliance, whether the violation 572 was committed willfully, and the compliance record of the 573 violator. 574 (2)It is unlawful for a person to swear to or affirm a 575 false statement in an application for a license or certificate 576 issued pursuant to this chapter. A false statement contained in 577 an application for such license or certificate renders the 578 application, license, or certificate void. 579 (3)Cheating on an examination required for licensure under 580 this chapter or violating a published test center or examination 581 procedure provided orally, in writing, or electronically at the 582 test site and affirmatively acknowledged by the examinee renders 583 the examinees exam attempt void. The department shall adopt 584 rules establishing penalties for examinees who violate this 585 section. The department may exercise discretion in assessing 586 penalties based on the nature and frequency of the violation. 587 (4)Except as provided under subsection (3), a Any person 588 who violates any provision of this part or rules adopted 589 pursuant thereto commits a misdemeanor of the second degree and 590 upon conviction is punishable as provided in s. 775.082 or s. 591 775.083. For a subsequent violation, such person commits a 592 misdemeanor of the first degree and upon conviction is 593 punishable as provided in s. 775.082 or s. 775.083. 594 (5)(3)In addition to the remedies provided in this part 595 and notwithstanding the existence of any adequate remedy at law, 596 the department may bring an action to enjoin the violation or 597 threatened violation of any provision of this part, or rule 598 adopted under this part, in the circuit court of the county in 599 which the violation occurred or is about to occur. Upon the 600 departments presentation of competent and substantial evidence 601 to the court of the violation or threatened violation, the court 602 shall immediately issue the temporary or permanent injunction 603 sought by the department. The injunction shall be issued without 604 bond. A single act in violation of any provision of this part is 605 shall be sufficient to authorize the issuance of an injunction. 606 Section 12.Paragraph (b) of subsection (3) of section 607 493.6113, Florida Statutes, is amended to read: 608 493.6113Renewal application for licensure. 609 (3)Each licensee is responsible for renewing his or her 610 license on or before its expiration by filing with the 611 department an application for renewal accompanied by payment of 612 the renewal fee and the fingerprint retention fee to cover the 613 cost of ongoing retention in the statewide automated biometric 614 identification system established in s. 943.05(2)(b). Upon the 615 first renewal of a license issued under this chapter before 616 January 1, 2017, the licensee shall submit a full set of 617 fingerprints and fingerprint processing fees to cover the cost 618 of entering the fingerprints into the statewide automated 619 biometric identification system pursuant to s. 493.6108(4)(a) 620 and the cost of enrollment in the Federal Bureau of 621 Investigations national retained print arrest notification 622 program. Subsequent renewals may be completed without submission 623 of a new set of fingerprints. 624 (b)Each Class G licensee shall additionally submit proof 625 that he or she has received during each year of the license 626 period a minimum of 4 hours of firearms requalification training 627 taught by a Class K licensee and has complied with such other 628 health and training requirements that the department shall adopt 629 by rule. Proof of completion of firearms requalification 630 training shall be submitted to the department upon completion of 631 the training. A Class G licensee must successfully complete 632 this requalification training for each type and caliber of 633 firearm carried in the course of performing his or her regulated 634 duties. At the discretion of a Class K instructor, a Class G 635 licensee may qualify for up to two calibers of firearms in one 636 4-hour firearm requalification class if the licensee 637 successfully completes training for each firearm, including a 638 separate course of fire for each caliber of firearm. If the 639 licensee fails to complete the required 4 hours of annual 640 training during the first year of the 2-year term of the 641 license, the license is shall be automatically suspended. The 642 licensee must complete the minimum number of hours of range and 643 classroom training required at the time of initial licensure and 644 submit proof of completion of such training to the department 645 before the license may be reinstated. If the licensee fails to 646 complete the required 4 hours of annual training during the 647 second year of the 2-year term of the license, the licensee must 648 complete the minimum number of hours of range and classroom 649 training required at the time of initial licensure and submit 650 proof of completion of such training to the department before 651 the license may be renewed. The department may waive the 652 firearms training requirement if: 653 1.The applicant provides proof that he or she is currently 654 certified as a law enforcement officer or correctional officer 655 under the Criminal Justice Standards and Training Commission and 656 has completed law enforcement firearms requalification training 657 annually during the previous 2 years of the licensure period; 658 2.The applicant provides proof that he or she is currently 659 certified as a federal law enforcement officer and has received 660 law enforcement firearms training administered by a federal law 661 enforcement agency annually during the previous 2 years of the 662 licensure period; 663 3.The applicant submits a valid firearm certificate among 664 those specified in s. 493.6105(6)(a) and provides proof of 665 having completed requalification training during the previous 2 666 years of the licensure period; or 667 4.The applicant provides proof that he or she has 668 completed annual firearms training in accordance with the 669 requirements of the federal Law Enforcement Officers Safety Act 670 under 18 U.S.C. ss. 926B-926C. 671 Section 13.Section 493.6127, Florida Statutes, is created 672 to read: 673 493.6127Appointment of tax collectors to accept 674 applications and renewals for licenses; fees; penalties. 675 (1)The department may appoint a tax collector, a county 676 officer as described in s. 1(d), Art. VIII of the State 677 Constitution, to accept new, renewal, and replacement license 678 applications on behalf of the department for licenses issued 679 under this chapter. Such appointment shall be for specified 680 locations that will best serve the public interest and 681 convenience in persons applying for these licenses. The 682 department shall establish by rule the type of new, renewal, or 683 replacement licenses a tax collector appointed under this 684 section is authorized to accept. 685 (2)A tax collector seeking to be appointed to accept 686 applications for new, renewal, or replacement licenses must 687 submit a written request to the department stating his or her 688 name, address, telephone number, each location within the county 689 at which the tax collector wishes to accept applications, and 690 other information as required by the department. 691 (a)Upon receipt of a written request, the department shall 692 review it and may decline to enter into a memorandum of 693 understanding or, if approved, may enter into a memorandum of 694 understanding with the tax collector to accept applications for 695 new or renewal licenses on behalf of the department. 696 (b)The department may rescind a memorandum of 697 understanding for any reason at any time. 698 (3)All information provided pursuant to s. 493.6105 or s. 699 493.6113 and contained in the records of a tax collector 700 appointed under this section which is confidential pursuant to 701 s. 493.6122, or any other state or federal law, retains its 702 confidentiality. 703 (4)A person may not handle an application for a license 704 issued pursuant to this chapter for a fee or compensation of any 705 kind unless he or she has been appointed by the department to do 706 so. 707 (5)A tax collector appointed under this section may 708 collect and retain a convenience fee of $22 for each new 709 application, $12 for each renewal application, $12 for each 710 replacement license, $9 for fingerprinting services associated 711 with the completion of an application submitted online or by 712 mail, and $9 for photography services associated with the 713 completion of an application submitted online or by mail, and 714 shall remit weekly to the department the license fees pursuant 715 to chapter 493 for deposit in the Division of Licensing Trust 716 Fund. 717 (6)A person who willfully violates this section commits a 718 misdemeanor of the second degree, punishable as provided in s. 719 775.082 or s. 775.083. 720 (7)Upon receipt of a completed renewal or replacement 721 application, a new color photograph, and appropriate payment of 722 required fees, a tax collector authorized to accept renewal or 723 replacement applications for licenses under this section may, 724 upon approval and confirmation of license issuance by the 725 department, print and deliver a license to a licensee renewing 726 or replacing his or her license at the tax collectors office. 727 Section 14.Subsection (28) is added to section 496.404, 728 Florida Statutes, to read: 729 496.404Definitions.As used in ss. 496.401-496.424, the 730 term: 731 (28)Street address means the physical location where 732 activities subject to regulation under this chapter are 733 conducted or where an applicant, licensee, or other referenced 734 individual actually resides. The term does not include a virtual 735 office, a post office box, or a mail drop. 736 Section 15.Paragraph (d) of subsection (1), subsection 737 (3), and paragraph (a) of subsection (4) of section 496.405, 738 Florida Statutes, are amended to read: 739 496.405Registration statements by charitable organizations 740 and sponsors. 741 (1)A charitable organization or sponsor, unless exempted 742 pursuant to s. 496.406, which intends to solicit contributions 743 in or from this state by any means or have funds solicited on 744 its behalf by any other person, charitable organization, 745 sponsor, commercial co-venturer, or professional solicitor, or 746 that participates in a charitable sales promotion or sponsor 747 sales promotion, must, before engaging in any of these 748 activities, file an initial registration statement, and a 749 renewal statement annually thereafter, with the department. 750 (d)The registration of a charitable organization or 751 sponsor may not continue in effect and shall expire without 752 further action of the department under either of the following 753 circumstances: 754 1.After the date the charitable organization or sponsor 755 should have filed, but failed to file, its renewal statement in 756 accordance with this section. 757 2.For failure to provide a financial statement within any 758 extension period provided under s. 496.407. 759 (3)Each chapter, branch, or affiliate of a parent 760 organization that is required to register under this section 761 must file a separate registration statement and financial 762 statement or report the required information to its parent 763 organization, which shall then file, on a form prescribed by the 764 department, a consolidated registration statement for the parent 765 organization and its Florida chapters, branches, and affiliates. 766 A consolidated registration statement filed by a parent 767 organization must include or be accompanied by financial 768 statements as specified in s. 496.407 for the parent 769 organization and each of its Florida chapters, branches, and 770 affiliates that solicited or received contributions during the 771 preceding fiscal year. However, if all contributions received by 772 chapters, branches, or affiliates are remitted directly into a 773 depository account that feeds directly into the parent 774 organizations centralized accounting system from which all 775 disbursements are made, the parent organization may submit one 776 consolidated financial statement on a form prescribed by the 777 department. The consolidated financial statement must comply 778 with s. 496.407 and must reflect the activities of each chapter, 779 branch, or affiliate of the parent organization, including all 780 contributions received in the name of each chapter, branch, or 781 affiliate; all payments made to each chapter, branch, or 782 affiliate; and all administrative fees assessed to each chapter, 783 branch, or affiliate. A copy of Internal Revenue Service Form 784 990 and all attached schedules filed for the preceding fiscal 785 year, or a copy of Internal Revenue Service Form 990-EZ and 786 Schedule O for the preceding fiscal year, for the parent 787 organization and each Florida chapter, branch, or affiliate that 788 is required to file such forms must be attached to the 789 consolidated financial statement. 790 (4)(a)Every charitable organization, sponsor, or parent 791 organization filing on behalf of one or more chapters, branches, 792 or affiliates that is required to register under this section 793 must pay a single registration fee. A parent organization filing 794 on behalf of one or more chapters, branches, or affiliates shall 795 total all contributions received by the chapters, branches, or 796 affiliates included in the registration statement to determine 797 registration fees. Fees shall be assessed as follows: 798 1.a.Ten dollars, if the contributions received for the 799 last fiscal or calendar year were less than $5,000; or 800 b.Ten dollars, if the contributions actually raised or 801 received from the public during the immediately preceding fiscal 802 year by such organization or sponsor are no more than $50,000 803 and the fundraising activities of such organization or sponsor 804 are carried on by volunteers, members, officers, or permanent 805 employees, who are not compensated, primarily to solicit such 806 contributions, provided no part of the assets or income of such 807 organization or sponsor inures to the benefit of or is paid to 808 any officer or member of such organization or sponsor or to any 809 professional fundraising consultant, professional solicitor, or 810 commercial co-venturer; 811 2.Seventy-five dollars, if the contributions received for 812 the last fiscal year were $5,000 or more, but less than 813 $100,000; 814 3.One hundred twenty-five dollars, if the contributions 815 received for the last fiscal year were $100,000 or more, but 816 less than $200,000; 817 4.Two hundred dollars, if the contributions received for 818 the last fiscal year were $200,000 or more, but less than 819 $500,000; 820 5.Three hundred dollars, if the contributions received for 821 the last fiscal year were $500,000 or more, but less than $1 822 million; 823 6.Three hundred fifty dollars, if the contributions 824 received for the last fiscal year were $1 million or more, but 825 less than $10 million; 826 7.Four hundred dollars, if the contributions received for 827 the last fiscal year were $10 million or more. 828 Section 16.Paragraph (d) of subsection (1) and paragraph 829 (a) of subsection (2) of section 496.406, Florida Statutes, are 830 amended to read: 831 496.406Exemption from registration. 832 (1)The following charitable organizations and sponsors are 833 exempt from the requirements of s. 496.405: 834 (d)A charitable organization or sponsor that has less than 835 $50,000 in total contributions revenue during a fiscal year if 836 the fundraising activities of such organization or sponsor are 837 carried on by volunteers, members, or officers who are not 838 compensated and no part of the assets or income of such 839 organization or sponsor inures to the benefit of or is paid to 840 any officer or member of such organization or sponsor or to any 841 professional fundraising consultant, professional solicitor, or 842 commercial co-venturer. If a charitable organization or sponsor 843 that has less than $50,000 in total contributions revenue during 844 a fiscal year actually acquires total contributions revenue 845 equal to or in excess of $50,000, the charitable organization or 846 sponsor must register with the department as required by s. 847 496.405 within 30 days after the date the contributions reach 848 revenue reaches $50,000. 849 (2)Before soliciting contributions, a charitable 850 organization or sponsor claiming to be exempt from the 851 registration requirements of s. 496.405 under paragraph (1)(d) 852 must submit annually to the department, on forms prescribed by 853 the department: 854 (a)The name, street address, and telephone number of the 855 charitable organization or sponsor, the name under which it 856 intends to solicit contributions, the purpose for which it is 857 organized, and the purpose or purposes for which the 858 contributions to be solicited will be used. 859 Section 17.Paragraph (a) of subsection (1) and subsection 860 (3) of section 496.407, Florida Statutes, are amended to read: 861 496.407Financial statement. 862 (1)A charitable organization or sponsor that is required 863 to initially register or annually renew registration must file 864 an annual financial statement for the immediately preceding 865 fiscal year on a form prescribed by the department. 866 (a)The statement must include the following: 867 1.A balance sheet. 868 2.A statement of support, revenue and expenses, and any 869 change in the fund balance. 870 3.The names and street addresses of the charitable 871 organizations or sponsors, professional fundraising consultant, 872 professional solicitors, and commercial co-venturers used, if 873 any, and the amounts received therefrom, if any. 874 4.A statement of functional expenses that must include, 875 but is not limited to, expenses in the following categories: 876 a.Program service costs. 877 b.Management and general costs. 878 c.Fundraising costs. 879 (3)Upon a showing of good cause by a charitable 880 organization or sponsor, The department may extend the time for 881 the filing of a financial statement required under this section 882 by up to 180 days, during which time the previous registration 883 shall remain active. The registration must shall be 884 automatically suspended for failure to file the financial 885 statement within the extension period. 886 Section 18.Paragraph (c) of subsection (2) of section 887 496.409, Florida Statutes, is amended to read: 888 496.409Registration and duties of professional fundraising 889 consultant. 890 (2)Applications for registration or renewal of 891 registration must be submitted on a form prescribed by the 892 department, signed by an authorized official of the professional 893 fundraising consultant who shall certify that the report is true 894 and correct, and must include the following information: 895 (c)The names and street residence addresses of all 896 principals of the applicant, including all officers, directors, 897 and owners. 898 Section 19.Paragraphs (d) and (j) of subsection (2), 899 paragraph (c) of subsection (6), paragraphs (a), (b), and (h) of 900 subsection (10), and subsection (11) of section 496.410, Florida 901 Statutes, are amended to read: 902 496.410Registration and duties of professional 903 solicitors. 904 (2)Applications for registration or renewal of 905 registration must be submitted on a form prescribed by rule of 906 the department, signed by an authorized official of the 907 professional solicitor who shall certify that the report is true 908 and correct, and must include the following information: 909 (d)The names and street residence addresses of all 910 principals of the applicant, including all officers, directors, 911 and owners. 912 (j)A list of all telephone numbers the applicant will use 913 to solicit contributions as well as the actual street physical 914 address associated with each telephone number and any fictitious 915 names associated with such address. 916 (6)No less than 15 days before commencing any solicitation 917 campaign or event, the professional solicitor must file with the 918 department a solicitation notice on a form prescribed by the 919 department. The notice must be signed and sworn to by the 920 contracting officer of the professional solicitor and must 921 include: 922 (c)The legal name and street residence address of each 923 person responsible for directing and supervising the conduct of 924 the campaign. 925 (10)During each solicitation campaign, and for not less 926 than 3 years after its completion, the professional solicitor 927 shall maintain the following records: 928 (a)The date and amount of each contribution received and 929 the name, street address, and telephone number of each 930 contributor. 931 (b)The name and residence street address of each employee, 932 agent, and any other person, however designated, who is involved 933 in the solicitation, the amount of compensation paid to each, 934 and the dates on which the payments were made. 935 (h)If a refund of a contribution has been requested, the 936 name and street address of each person requesting the refund, 937 and, if a refund was made, its amount and the date it was made. 938 (11)If the professional solicitor sells tickets to any 939 event and represents that the tickets will be donated for use by 940 another person, the professional solicitor also must shall 941 maintain for the same period as specified in subsection (10) the 942 following records: 943 (a)The name and street address of each contributor who 944 purchases or donates tickets and the number of tickets purchased 945 or donated by the contributor. 946 (b)The name and street address of each organization that 947 receives the donated tickets for the use of others, and the 948 number of tickets received by the organization. 949 Section 20.Paragraph (a) of subsection (2) of section 950 496.4101, Florida Statutes, is amended to read: 951 496.4101Licensure of professional solicitors and certain 952 employees thereof. 953 (2)Persons required to obtain a solicitor license under 954 subsection (1) shall submit to the department, in such form as 955 the department prescribes, an application for a solicitor 956 license. The application must include the following information: 957 (a)The true name, date of birth, unique identification 958 number of a driver license or other valid form of 959 identification, and street home address of the applicant. 960 Section 21.Paragraph (c) of subsection (2) of section 961 496.411, Florida Statutes, is amended, and paragraph (e) of that 962 subsection is reenacted, to read: 963 496.411Disclosure requirements and duties of charitable 964 organizations and sponsors. 965 (2)A charitable organization or sponsor soliciting in this 966 state must include all of the following disclosures at the point 967 of solicitation: 968 (c)Upon request, the name and either the street address or 969 telephone number of a representative to whom inquiries may be 970 addressed. 971 (e)Upon request, the source from which a written financial 972 statement may be obtained. Such financial statement must be for 973 the immediate preceding fiscal year and must be consistent with 974 the annual financial statement filed under s. 496.407. The 975 written financial statement must be provided within 14 days 976 after the request and must state the purpose for which funds are 977 raised, the total amount of all contributions raised, the total 978 costs and expenses incurred in raising contributions, the total 979 amount of contributions dedicated to the stated purpose or 980 disbursed for the stated purpose, and whether the services of 981 another person or organization have been contracted to conduct 982 solicitation activities. 983 Section 22.Paragraph (a) of subsection (2) of section 984 496.4121, Florida Statutes, is amended to read: 985 496.4121Collection receptacles used for donations. 986 (2)A collection receptacle must display a permanent sign 987 or label on each side which contains the following information 988 printed in letters that are at least 3 inches in height and no 989 less than one-half inch in width, in a color that contrasts with 990 the color of the collection receptacle: 991 (a)For a collection receptacle used by a person required 992 to register under this chapter, the name, street business 993 address, telephone number, and registration number of the 994 charitable organization or sponsor for whom the solicitation is 995 made. 996 Section 23.Paragraph (a) of subsection (2) and subsection 997 (6) of section 496.425, Florida Statutes, are amended to read: 998 496.425Solicitation of funds within public transportation 999 facilities. 1000 (2)Any person desiring to solicit funds within a facility 1001 shall first obtain a written permit therefor from the authority 1002 responsible for the administration of the facility. 1003 (a)An application in writing for such permit must shall be 1004 submitted to the authority and must state shall set forth: 1005 1.The full name, street mailing address, and telephone 1006 number of the person or organization sponsoring, promoting, or 1007 conducting the proposed activities; 1008 2.The full name, street mailing address, and telephone 1009 number of each person who will participate in such activities 1010 and of the person who will have supervision of and 1011 responsibility for the proposed activities; 1012 3.A description of the proposed activities indicating the 1013 type of communication to be involved; 1014 4.The dates on and the hours during which the activities 1015 are proposed to be carried out and the expected duration of the 1016 proposed activities; and 1017 5.The number of persons to be engaged in such activities. 1018 (6)Each individual solicitor shall display prominently on 1019 her or his person a badge or insignia, provided by the solicitor 1020 and approved by the authority, bearing the signature of a 1021 responsible officer of the authority and that of the solicitor 1022 and describing the solicitor by name, age, height, weight, eye 1023 color, hair color, street address, and principal occupation and 1024 indicating the name of the organization for which funds are 1025 solicited. 1026 Section 24.Effective upon this act becoming a law, present 1027 paragraphs (k) through (y) of subsection (1) of section 500.03, 1028 Florida Statutes, are redesignated as paragraphs (l) through 1029 (z), respectively, a new paragraph (k) is added to that 1030 subsection, and present paragraph (m) of that subsection is 1031 reenacted, to read: 1032 500.03Definitions; construction; applicability. 1033 (1)For the purpose of this chapter, the term: 1034 (k)Cultivated meat means any meat or food product 1035 produced from cultured animal cells. 1036 (n)(m)Food includes: 1037 1.Articles used for food or drink for human consumption; 1038 2.Chewing gum; 1039 3.Articles used for components of any such article; 1040 4.Articles for which health claims are made, which claims 1041 are approved by the Secretary of the United States Department of 1042 Health and Human Services and which claims are made in 1043 accordance with s. 343(r) of the federal act, and which are not 1044 considered drugs solely because their labels or labeling contain 1045 health claims; 1046 5.Dietary supplements as defined in 21 U.S.C. s. 1047 321(ff)(1) and (2); and 1048 6.Hemp extract as defined in s. 581.217. 1049 1050 The term includes any raw, cooked, or processed edible 1051 substance; ice; any beverage; or any ingredient used, intended 1052 for use, or sold for human consumption. 1053 Section 25.Effective upon this act becoming a law, section 1054 500.452, Florida Statutes, is created to read: 1055 500.452Cultivated meat; prohibition; penalties. 1056 (1)It is unlawful for any person to manufacture for sale, 1057 sell, hold or offer for sale, or distribute cultivated meat in 1058 this state. 1059 (2)A person who knowingly violates this section commits a 1060 misdemeanor of the second degree, punishable as provided in s. 1061 775.082 or s. 775.083. 1062 (3)A food establishment that manufactures, distributes, or 1063 sells cultivated meat in violation of this section is subject to 1064 disciplinary action pursuant to s. 500.121. 1065 (4)In addition to the penalties provided in this section, 1066 the license of any restaurant, store, or other business may be 1067 suspended as provided in the applicable licensing law upon the 1068 conviction of an owner or employee of that business for a 1069 violation of this section in connection with that business. 1070 (5)A product found to be in violation of this section is 1071 subject to s. 500.172 and an immediate stop-sale order. 1072 (6)The department may adopt rules to implement this 1073 section. 1074 Section 26.Subsection (10) is added to section 507.07, 1075 Florida Statutes, to read: 1076 507.07Violations.It is a violation of this chapter: 1077 (10)For a mover to place a shippers goods in a self 1078 service storage unit or self-contained storage unit owned by 1079 anyone other than the mover unless those goods are stored in the 1080 name of the shipper and the shipper contracts directly with the 1081 owner of the self-service storage unit or self-contained storage 1082 unit. 1083 Section 27.Section 531.67, Florida Statutes, is repealed. 1084 Section 28.Paragraphs (d) and (e) of subsection (1) and 1085 paragraph (a) of subsection (3) of section 559.904, Florida 1086 Statutes, are amended to read: 1087 559.904Motor vehicle repair shop registration; 1088 application; exemption. 1089 (1)Each motor vehicle repair shop engaged or attempting to 1090 engage in the business of motor vehicle repair work must 1091 register with the department prior to doing business in this 1092 state. The application for registration must be on a form 1093 provided by the department and must include at least the 1094 following information: 1095 (d)Copies of all licenses, permits, and certifications 1096 obtained by the applicant or employees of the applicant. 1097 (e)Number of employees who perform repairs at each 1098 location or whom which the applicant intends to employ or which 1099 are currently employed. 1100 (3)(a)Each application for registration must be 1101 accompanied by a registration fee for each location calculated 1102 on a per-year basis as follows: 1103 1.If the place of business has 1 to 5 employees who 1104 perform repairs: $50. 1105 2.If the place of business has 6 to 10 employees who 1106 perform repairs: $150. 1107 3.If the place of business has 11 or more employees who 1108 perform repairs: $300. 1109 Section 29.Subsections (1) and (2) of section 559.905, 1110 Florida Statutes, are amended to read: 1111 559.905Written motor vehicle repair estimate and 1112 disclosure statement required. 1113 (1)When any customer requests a motor vehicle repair shop 1114 to perform repair work on a motor vehicle, the cost of which 1115 repair work will exceed $150 $100 to the customer, the shop 1116 shall prepare a written repair estimate, which is a form setting 1117 forth the estimated cost of repair work, including diagnostic 1118 work, before effecting any diagnostic work or repair. The 1119 written repair estimate must shall also include all of the 1120 following items: 1121 (a)The name, address, and telephone number of the motor 1122 vehicle repair shop. 1123 (b)The name, address, and telephone number of the 1124 customer. 1125 (c)The date and time of the written repair estimate. 1126 (d)The year, make, model, odometer reading, and license 1127 tag number of the motor vehicle. 1128 (e)The proposed work completion date. 1129 (f)A general description of the customers problem or 1130 request for repair work or service relating to the motor 1131 vehicle. 1132 (g)A statement as to whether the customer is being charged 1133 according to a flat rate or an hourly rate, or both. 1134 (h)The estimated cost of repair which must shall include 1135 any charge for shop supplies or for hazardous or other waste 1136 removal and, if a charge is included, the estimate must shall 1137 include the following statement: 1138 1139 This charge represents costs and profits to the motor 1140 vehicle repair facility for miscellaneous shop 1141 supplies or waste disposal. 1142 1143 If a charge is mandated by state or federal law, the estimate 1144 must shall contain a statement identifying the law and the 1145 specific amount charged under the law. 1146 (i)The charge for making a repair price estimate or, if 1147 the charge cannot be predetermined, the basis on which the 1148 charge will be calculated. 1149 (j)The customers intended method of payment. 1150 (k)The name and telephone number of another person who may 1151 authorize repair work, if the customer desires to designate such 1152 person. 1153 (l)A statement indicating what, if anything, is guaranteed 1154 in connection with the repair work and the time and mileage 1155 period for which the guarantee is effective. 1156 (m)A statement allowing the customer to indicate whether 1157 replaced parts should be saved for inspection or return. 1158 (n)A statement indicating the daily charge for storing the 1159 customers motor vehicle after the customer has been notified 1160 that the repair work has been completed. However, no storage 1161 charges may not shall accrue or be due and payable for a period 1162 of 3 working days from the date after of such notification. 1163 (2)If the cost of repair work will exceed $150 $100, the 1164 shop must shall present to the customer a written notice 1165 conspicuously disclosing, in a separate, blocked section, only 1166 the following statement, in capital letters of at least 12-point 1167 type: 1168 1169 PLEASE READ CAREFULLY, CHECK ONE OF THE STATEMENTS BELOW, AND 1170 SIGN: 1171 I UNDERSTAND THAT, UNDER STATE LAW, I AM ENTITLED TO A 1172 WRITTEN ESTIMATE IF MY FINAL BILL WILL EXCEED $150 $100. 1173 1174 .... I REQUEST A WRITTEN ESTIMATE. 1175 1176 .... I DO NOT REQUEST A WRITTEN ESTIMATE AS LONG AS THE 1177 REPAIR COSTS DO NOT EXCEED $..... THE SHOP MAY NOT EXCEED THIS 1178 AMOUNT WITHOUT MY WRITTEN OR ORAL APPROVAL. 1179 1180 .... I DO NOT REQUEST A WRITTEN ESTIMATE. 1181 1182 SIGNED ............ DATE .... 1183 1184 Section 30.Subsection (38), of section 570.07, Florida 1185 Statutes, is amended to read: 1186 570.07Department of Agriculture and Consumer Services; 1187 functions, powers, and duties.The department shall have and 1188 exercise the following functions, powers, and duties: 1189 (38) To repair or build structures, from existing 1190 appropriations authority, notwithstanding chapters 216 and 255, 1191 not to exceed a cost of $500,000 $250,000 per structure. These 1192 structures must meet all applicable building codes. 1193 Section 31.Section 570.69, Florida Statutes, is amended to 1194 read: 1195 570.69Definitions; ss. 570.69 and 570.691.For the purpose 1196 of this section and s. 570.691: 1197 (1)Center means the Florida Agricultural Legacy Learning 1198 Center. 1199 (2)Designated program means the departmental program 1200 that which a direct-support organization has been created to 1201 support. 1202 (3)(2)Direct-support organization or organization 1203 means an organization that which is a Florida corporation not 1204 for profit incorporated under chapter 617 and approved by the 1205 department to operate for the benefit of a museum or a 1206 designated program. 1207 (3)Museum means the Florida Agricultural Museum, which 1208 is designated as the museum for agriculture and rural history of 1209 the State of Florida. 1210 Section 32.Subsections (1), (2), (4), (5), and (7) of 1211 section 570.691, Florida Statutes, are amended to read: 1212 570.691Direct-support organization. 1213 (1)The department may authorize the establishment of 1214 direct-support organizations to provide assistance, funding, and 1215 promotional support for the museums and other programs of the 1216 department. The following provisions shall govern the creation, 1217 use, powers, and duties of the direct-support organizations: 1218 (a)The department shall enter into a memorandum or letter 1219 of agreement with the direct-support organization, which must 1220 shall specify the approval of the department, the powers and 1221 duties of the direct-support organization, and rules with which 1222 the direct-support organization must comply. 1223 (b)The department may authorize, without charge, 1224 appropriate use of property, facilities, and personnel of the 1225 department by the direct-support organization. The use must 1226 shall be for the approved purposes of the direct-support 1227 organization and may not be made at times or places that would 1228 unreasonably interfere with opportunities for the general public 1229 to use department facilities. 1230 (c)The department shall prescribe by agreement conditions 1231 with which the direct-support organization must comply in order 1232 to use property, facilities, or personnel of the department. 1233 Such conditions must shall provide for budget and audit review 1234 and oversight by the department. 1235 (d)The department may not authorize the use of property, 1236 facilities, or personnel of the center museum, department, or 1237 designated program by the direct-support organization that does 1238 not provide equal employment opportunities to all persons 1239 regardless of race, color, religion, sex, age, or national 1240 origin. 1241 (2)(a)The direct-support organization may conduct programs 1242 and activities; raise funds; request and receive grants, gifts, 1243 and bequests of money; acquire, receive, hold, invest, and 1244 administer, in its own name, securities, funds, objects of 1245 value, or other property, real or personal; and make 1246 expenditures to or for the direct or indirect benefit of the 1247 center museum or designated program. 1248 (b)Notwithstanding the provisions of s. 287.025(1)(e), the 1249 direct-support organization may enter into contracts to insure 1250 property of the center museum or designated programs and may 1251 insure objects or collections on loan from others in satisfying 1252 security terms of the lender. 1253 (4)A department employee, direct-support organization or 1254 center museum employee, volunteer, or director, or designated 1255 program may not do either of the following: 1256 (a)Receive a commission, fee, or financial benefit in 1257 connection with the sale or exchange of real or personal 1258 property or historical objects to the direct-support 1259 organization, the center museum, or the designated program.; or 1260 (b)Be a business associate of any individual, firm, or 1261 organization involved in the sale or exchange of real or 1262 personal property to the direct-support organization, the center 1263 museum, or the designated program. 1264 (5)All moneys received by the direct-support organization 1265 shall be deposited into an account of the direct-support 1266 organization and must shall be used by the organization in a 1267 manner consistent with the goals of the center museum or 1268 designated program. 1269 (7)The Commissioner of Agriculture, or the commissioners 1270 designee, may serve on the board of trustees and the executive 1271 committee of any direct-support organization established to 1272 benefit the center museum or any designated program. 1273 Section 33.Section 570.692, Florida Statutes, is amended 1274 to read: 1275 570.692Florida Agricultural Legacy Learning Center 1276 Museum.The Florida Agricultural Legacy Learning Center Museum 1277 is designated as the legacy learning center for museum of 1278 agriculture and rural history of this the state of Florida and 1279 is hereby established within the department. 1280 Section 34.Section 581.189, Florida Statutes, is created 1281 to read: 1282 581.189Dealing in, buying, transporting, and processing 1283 saw palmetto berries. 1284 (1)As used in this section, the term: 1285 (a)Harvest or harvesting means to dig up, remove, or 1286 cut and remove saw palmetto berries from the place where they 1287 are grown. 1288 (b)Harvester means a person, firm, or corporation that 1289 takes, harvests, or attempts to take or harvest saw palmetto 1290 berries. 1291 (c)Landowner means: 1292 1.The public agency administering any public lands; or 1293 2.The person who holds legal title to the real property 1294 from which saw palmetto berries are harvested or the person 1295 having possession, control, or use of that land which has lawful 1296 authority to grant permission to harvest saw palmetto berries 1297 from the land. 1298 (d)Person means an individual, a partnership, a 1299 corporation, an association, or any other legal entity. 1300 (e)Saw palmetto berries means the fruit of the plant 1301 Serenoa repens, commonly known as the saw palmetto. 1302 (f)Saw palmetto berry dealer means a person that 1303 purchases or otherwise obtains saw palmetto berries from a 1304 seller for the purpose of selling the saw palmetto berries at 1305 retail or for the purpose of selling the saw palmetto berries to 1306 another saw palmetto berry dealer or for both such purposes. 1307 This term also includes a person who purchases saw palmetto 1308 berries directly from a landowner for the purpose of selling the 1309 saw palmetto berries at retail. 1310 (g)Seller means a person that exchanges or offers to 1311 exchange saw palmetto berries for money or for any other 1312 valuable consideration. 1313 (2)It is unlawful for any person to willfully destroy, 1314 harvest, or sell saw palmetto berries on the private land of 1315 another or on any public land without first obtaining written 1316 permission from the landowner or legal representative of the 1317 landowner and a permit from the department as provided in s. 1318 581.185. The landowners written permission must include all of 1319 the following information: 1320 (a)The name, address, and telephone number of the 1321 landowner. 1322 (b)The start date, end date, and location, including 1323 county, of the harvest. 1324 (c)The landowners actual or electronic signature. 1325 (3)(a)A saw palmetto berry dealer that purchases saw 1326 palmetto berries from a landowner or a person harvesting saw 1327 palmetto berries from anothers property shall: 1328 1.Maintain a bill of lading, a copy of the harvesters 1329 entire permit, as provided in s. 581.185, a copy of the 1330 landowners written permission to harvest, and all of the 1331 following: 1332 a.The name, address, and telephone number of the seller. 1333 b.The date or dates of harvesting. 1334 c.The weight, quantity, or volume and a description of the 1335 type of saw palmetto berries harvested. 1336 d.A scan or photocopy of a valid government-issued photo 1337 identification card of such person. 1338 (b)A person required to maintain the information under 1339 paragraph (a) shall retain such records for at least 2 years 1340 from the date the harvest ends. 1341 (4)(a)When any law enforcement officer or any authorized 1342 employee of the department finds that any saw palmetto berries 1343 are being harvested, offered for sale, or exposed for sale in 1344 violation of this section, the law enforcement officer or 1345 authorized department employee may seize or order such saw 1346 palmetto berries be held at a designated location until the 1347 individual: 1348 1.Provides the officer or employee with the required 1349 permit and landowners written permission to harvest, within 7 1350 calendar days following the seizure; or 1351 2.Legally disposes of the saw palmetto berries in 1352 accordance with this section. 1353 (b)A law enforcement officer or authorized department 1354 employee shall release the saw palmetto berries when the 1355 requirements of this section are met. 1356 (5)Unlawfully harvested saw palmetto berries constitute 1357 contraband and are subject to seizure and disposal by the 1358 seizing law enforcement agency or the department. 1359 (a)Notwithstanding any other provision of law, a law 1360 enforcement agency that seizes saw palmetto berries harvested or 1361 possessed in violation of this section or unlawfully harvested 1362 in violation of s. 581.185, or in violation of any other state 1363 or federal law, may sell such saw palmetto berries and retain 1364 the proceeds of the sale for the enforcement of this section. 1365 Law enforcement agencies selling contraband saw palmetto berries 1366 are exempt from s. 581.185. 1367 (b)Law enforcement agencies that seize unlawfully 1368 harvested saw palmetto berries shall submit annually to the 1369 department, in the manner prescribed by department rule: 1370 1.The quantity and a description of the saw palmetto 1371 berries seized; and 1372 2.The location from which the saw palmetto berries were 1373 harvested, if known. 1374 (6)(a)A harvester that exchanges or offers to exchange saw 1375 palmetto berries with a saw palmetto dealer, seller, or 1376 processor for money or any other valuable consideration without 1377 first presenting to the saw palmetto berry dealer, seller, 1378 processor the persons entire permit, as provided in s. 581.185, 1379 or the landowners written permission commits a misdemeanor of 1380 the first degree, punishable as provided in s. 775.082 or s. 1381 775.083. 1382 (b)A person required to maintain records as required in 1383 this section that fails to maintain such record for the time 1384 period specified in paragraph (3)(b) commits a misdemeanor of 1385 the first degree, punishable as provided in s. 775.082 or s. 1386 775.083. 1387 (c)A person that willfully destroys or harvests saw 1388 palmetto berries without first obtaining the landowners written 1389 permission to harvest as required by subsection (2) or a permit 1390 as required by s. 581.185 commits a felony of the third degree, 1391 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1392 (d)A saw palmetto berry dealer, buyer, processor, 1393 harvester, or seller that presents a false, forged, or altered 1394 document purporting to be a landowners written permission or 1395 the permit required by s. 581.185 commits a felony of the third 1396 degree, punishable as provided in s. 775.082, s. 775.083, or s. 1397 775.084. 1398 (e)A saw palmetto berry dealer, transporter, or processor 1399 that exchanges, offers to exchange for money or any other 1400 valuable consideration, or possesses unlawfully harvested saw 1401 palmetto berries commits a felony of the third degree, 1402 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1403 (7)(a)A person convicted of a violation of this section is 1404 responsible for: 1405 1.All reasonable costs incurred by the responding law 1406 enforcement agencies and the department, including, but not 1407 limited to, investigative costs; and 1408 2.Restitution to the landowner in an amount equal to the 1409 fair market value of the saw palmetto berries unlawfully 1410 harvested. 1411 (b)For the purposes of this subsection, the term 1412 convicted means that there has been a determination of guilt 1413 as a result of trial or the entry of a plea of guilty or nolo 1414 contendere, regardless of whether adjudication is withheld. 1415 (8)This section does not affect any other person that 1416 legally harvests or handles saw palmetto berries from up to two 1417 plants for home or personal use. 1418 (9)The department shall adopt rules to administer this 1419 section. 1420 Section 35.Paragraph (f) of subsection (3) of section 1421 581.217, Florida Statutes, is amended to read: 1422 581.217State hemp program. 1423 (3)DEFINITIONS.As used in this section, the term: 1424 (f)Hemp extract means hemp a substance or compound 1425 intended for ingestion, containing more than trace amounts of a 1426 cannabinoid which is intended for ingestion, or for inhalation 1427 but which is derived from or contains hemp and which does not 1428 contain controlled substances. The term does not include 1429 synthetic cannabidiol or seeds or seed-derived ingredients that 1430 are generally recognized as safe by the United States Food and 1431 Drug Administration. 1432 Section 36.Subsection (13) of section 585.01, Florida 1433 Statutes, is amended to read: 1434 585.01Definitions.In construing this part, where the 1435 context permits, the word, phrase, or term: 1436 (13)Livestock means grazing animals, such as cattle, 1437 horses, sheep, swine, goats, other hoofed animals, poultry, 1438 ostriches, emus, and rheas, which are raised for private use or 1439 commercial purposes. 1440 Section 37.Subsections (5) and (8) of section 790.0625, 1441 Florida Statutes, are amended, and subsections (9) and (10) are 1442 added to that section, to read: 1443 790.0625Appointment of tax collectors to accept 1444 applications for a concealed weapon or firearm license; fees; 1445 penalties. 1446 (5)A tax collector appointed under this section may 1447 collect and retain a convenience fee of $22 for each new 1448 application, and $12 for each renewal application, $12 for each 1449 replacement license, $9 for fingerprinting services associated 1450 with the completion of an application submitted online or by 1451 mail, and $9 for photographing services associated with the 1452 completion of an application submitted online or by mail, and 1453 shall remit weekly to the department the license fees pursuant 1454 to s. 790.06 for deposit in the Division of Licensing Trust 1455 Fund. 1456 (8)Upon receipt of a completed renewal application, a new 1457 color photograph, and appropriate payment of required fees, a 1458 tax collector authorized to accept renewal applications for 1459 concealed weapon or firearm licenses under this section may, 1460 upon approval and confirmation of license issuance by the 1461 department, print and deliver a concealed weapon or firearm 1462 license to a licensee renewing his or her license at the tax 1463 collectors office. 1464 (9)Upon receipt of a statement under oath to the 1465 department and payment of required fees, a tax collector 1466 authorized to accept an application for a concealed weapon or 1467 firearm license under this section may, upon approval and 1468 confirmation from the department that a license is in good 1469 standing, print and deliver a concealed weapon or firearm 1470 license to a licensee whose license has been lost or destroyed. 1471 (10)Tax collectors authorized to accept an application for 1472 a concealed weapon or firearm license under this section may 1473 provide fingerprinting and photographing services to aid 1474 concealed weapon and firearm applicants and licensees with 1475 initial and renewal applications submitted online or by mail. 1476 Section 38.Paragraph (a) of subsection (5) of section 1477 810.011, Florida Statutes, is amended to read: 1478 810.011Definitions.As used in this chapter: 1479 (5)(a)Posted land is land upon which any of the 1480 following are placed: 1481 1.Signs placed not more than 500 feet apart along and at 1482 each corner of the boundaries of the land or, for land owned by 1483 a water control district that exists pursuant to chapter 298 or 1484 was created by special act of the Legislature, signs placed at 1485 or near the intersection of any district canal right-of-way and 1486 a road right-of-way or, for land classified as agricultural 1487 pursuant to s. 193.461, signs placed at each point of ingress 1488 and at each corner of the boundaries of the agricultural land, 1489 which prominently display in letters of not less than 2 inches 1490 in height the words no trespassing and the name of the owner, 1491 lessee, or occupant of the land. The signs must be placed along 1492 the boundary line of posted land in a manner and in such 1493 position as to be clearly noticeable from outside the boundary 1494 line; or 1495 2.a.A conspicuous no trespassing notice is painted on 1496 trees or posts on the property, provided that the notice is: 1497 (I)Painted in an international orange color and displaying 1498 the stenciled words No Trespassing in letters no less than 2 1499 inches high and 1 inch wide either vertically or horizontally; 1500 (II)Placed so that the bottom of the painted notice is not 1501 less than 3 feet from the ground or more than 5 feet from the 1502 ground; and 1503 (III)Placed at locations that are readily visible to any 1504 person approaching the property and no more than 500 feet apart 1505 on agricultural land. 1506 b.When a landowner uses the painted no trespassing posting 1507 to identify a no trespassing area, those painted notices must be 1508 accompanied by signs complying with subparagraph 1. and must be 1509 placed conspicuously at all places where entry to the property 1510 is normally expected or known to occur. 1511 Section 39.Subsection (2) of section 810.09, Florida 1512 Statutes, is amended to read: 1513 810.09Trespass on property other than structure or 1514 conveyance. 1515 (2)(a)Except as provided in this subsection, trespass on 1516 property other than a structure or conveyance is a misdemeanor 1517 of the first degree, punishable as provided in s. 775.082 or s. 1518 775.083. 1519 (a)(b)If the offender defies an order to leave, personally 1520 communicated to the offender by the owner of the premises or by 1521 an authorized person, or if the offender willfully opens any 1522 door, fence, or gate or does any act that exposes animals, 1523 crops, or other property to waste, destruction, or freedom; 1524 unlawfully dumps litter on property; or trespasses on property 1525 other than a structure or conveyance, the offender commits a 1526 misdemeanor of the first degree, punishable as provided in s. 1527 775.082 or s. 775.083. 1528 (b)(c)If the offender is armed with a firearm or other 1529 dangerous weapon during the commission of the offense of 1530 trespass on property other than a structure or conveyance, he or 1531 she commits is guilty of a felony of the third degree, 1532 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1533 Any owner or person authorized by the owner may, for prosecution 1534 purposes, take into custody and detain, in a reasonable manner, 1535 for a reasonable length of time, any person when he or she 1536 reasonably believes that a violation of this paragraph has been 1537 or is being committed, and that the person to be taken into 1538 custody and detained has committed or is committing the 1539 violation. If a person is taken into custody, a law enforcement 1540 officer must shall be called as soon as is practicable after the 1541 person has been taken into custody. The taking into custody and 1542 detention in compliance with the requirements of this paragraph 1543 does not result in criminal or civil liability for false arrest, 1544 false imprisonment, or unlawful detention. 1545 (c)(d)The offender commits a felony of the third degree, 1546 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 1547 if the property trespassed is a construction site that is: 1548 1.Greater than 1 acre in area and is legally posted and 1549 identified in substantially the following manner: THIS AREA IS 1550 A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON 1551 THIS PROPERTY COMMITS A FELONY.; or 1552 2.One acre or less in area and is identified as such with 1553 a sign that appears prominently, in letters of not less than 2 1554 inches in height, and reads in substantially the following 1555 manner: THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE 1556 WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY. The sign must 1557 shall be placed at the location on the property where the 1558 permits for construction are located. For construction sites of 1559 1 acre or less as provided in this subparagraph, it may shall 1560 not be necessary to give notice by posting as defined in s. 1561 810.011(5). 1562 (d)(e)The offender commits a felony of the third degree, 1563 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 1564 if the property trespassed upon is commercial horticulture 1565 property and the property is legally posted and identified in 1566 substantially the following manner: THIS AREA IS DESIGNATED 1567 COMMERCIAL PROPERTY FOR HORTICULTURE PRODUCTS, AND ANYONE WHO 1568 TRESPASSES ON THIS PROPERTY COMMITS A FELONY. 1569 (e)(f)The offender commits a felony of the third degree, 1570 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 1571 if the property trespassed upon is an agricultural site for 1572 testing or research purposes that is legally posted and 1573 identified in substantially the following manner: THIS AREA IS 1574 A DESIGNATED AGRICULTURAL SITE FOR TESTING OR RESEARCH PURPOSES, 1575 AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY. 1576 (f)(g)The offender commits a felony of the third degree, 1577 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 1578 if the property trespassed upon is a domestic violence center 1579 certified under s. 39.905 which is legally posted and identified 1580 in substantially the following manner: THIS AREA IS A 1581 DESIGNATED RESTRICTED SITE, AND ANYONE WHO TRESPASSES ON THIS 1582 PROPERTY COMMITS A FELONY. 1583 (g)(h)Any person who in taking or attempting to take any 1584 animal described in s. 379.101(19) or (20), or in killing, 1585 attempting to kill, or endangering any animal described in s. 1586 585.01(13) knowingly propels or causes to be propelled any 1587 potentially lethal projectile over or across private land 1588 without authorization commits trespass, a felony of the third 1589 degree, punishable as provided in s. 775.082, s. 775.083, or s. 1590 775.084. For purposes of this paragraph, the term potentially 1591 lethal projectile includes any projectile launched from any 1592 firearm, bow, crossbow, or similar tensile device. This section 1593 does not apply to any governmental agent or employee acting 1594 within the scope of his or her official duties. 1595 (h)(i)The offender commits a felony of the third degree, 1596 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 1597 if the property trespassed upon is an agricultural chemicals 1598 manufacturing facility that is legally posted and identified in 1599 substantially the following manner: THIS AREA IS A DESIGNATED 1600 AGRICULTURAL CHEMICALS MANUFACTURING FACILITY, AND ANYONE WHO 1601 TRESPASSES ON THIS PROPERTY COMMITS A FELONY. 1602 (i)1.(j)1.The offender commits a felony of the third 1603 degree, punishable as provided in s. 775.082, s. 775.083, or s. 1604 775.084, if the offender trespasses with the intent to injure 1605 another person, damage property, or impede the operation or use 1606 of an aircraft, runway, taxiway, ramp, or apron area, and the 1607 property trespassed upon is the operational area of an airport 1608 that is legally posted and identified in substantially the 1609 following manner: THIS AREA IS A DESIGNATED OPERATIONAL AREA OF 1610 AN AIRPORT, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A 1611 FELONY. 1612 2.For purposes of this paragraph, the term operational 1613 area of an airport means any portion of an airport to which 1614 access by the public is prohibited by fences or appropriate 1615 signs and includes runways, taxiways, ramps, apron areas, 1616 aircraft parking and storage areas, fuel storage areas, 1617 maintenance areas, and any other area of an airport used or 1618 intended to be used for landing, takeoff, or surface maneuvering 1619 of aircraft. 1620 (j)The offender commits a felony of the third degree, 1621 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 1622 if the offender trespasses with the intent to commit a crime on 1623 commercial agricultural property that is legally posted and 1624 identified by signs in letters of at least 2 inches at each 1625 pedestrian and vehicle entrance in substantially the following 1626 manner: THIS AREA IS A DESIGNATED COMMERCIAL AGRICULTURAL 1627 PROPERTY, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A 1628 FELONY. 1629 1.A first-time offender who is under 18 years of age at 1630 the time he or she commits the crime specified in this paragraph 1631 must be given the option of participating in a diversion program 1632 described in s. 958.12, s. 985.125, s. 985.155, or s. 985.16 or 1633 a program to which a referral is made by a state attorney under 1634 s. 985.15. 1635 2.For the purpose of this paragraph, the term commercial 1636 agricultural property means property cleared of its natural 1637 vegetation or fenced for the purposes of planting, growing, 1638 harvesting, processing, raising, producing, or storing plant or 1639 animal commercial commodities. 1640 Section 40.Subsection (5) is added to section 1003.24, 1641 Florida Statutes, to read: 1642 1003.24Parents responsible for attendance of children; 1643 attendance policy.Each parent of a child within the compulsory 1644 attendance age is responsible for the childs school attendance 1645 as required by law. The absence of a student from school is 1646 prima facie evidence of a violation of this section; however, 1647 criminal prosecution under this chapter may not be brought 1648 against a parent until the provisions of s. 1003.26 have been 1649 complied with. A parent of a student is not responsible for the 1650 students nonattendance at school under any of the following 1651 conditions: 1652 (5)AGRICULTURAL SCHOOL ACTIVITIES. 1653 (a)A student who participates in an activity or program 1654 sponsored by 4-H or Future Farmers of America (FFA) must be 1655 credited with an excused absence by the school in which he or 1656 she is enrolled in the same manner as any other excused absence 1657 is credited. Any such participation in an activity or program 1658 sponsored by 4-H or FFA may not be counted as an unexcused 1659 absence, for any day, portion of a day, or days missed from 1660 school. 1661 (b)Upon request from a school principal or the principals 1662 designee, a 4-H or FFA representative shall provide 1663 documentation as proof of a students participation in an 1664 activity or program sponsored by 4-H or FFA. 1665 (c)As used in this subsection, the term 4-H 1666 representative means an individual officially recognized or 1667 designated by the Florida Cooperative Extension Service 4-H 1668 Program as a 4-H professional or a 4-H adult volunteer. 1669 1670 Each district school board shall establish an attendance policy 1671 that includes, but is not limited to, the required number of 1672 days each school year that a student must be in attendance and 1673 the number of absences and tardinesses after which a statement 1674 explaining such absences and tardinesses must be on file at the 1675 school. Each school in the district must determine if an absence 1676 or tardiness is excused or unexcused according to criteria 1677 established by the district school board. 1678 Section 41.Paragraph (b) of subsection (2) of section 1679 379.3004, Florida Statutes, is amended to read: 1680 379.3004Voluntary Authorized Hunter Identification 1681 Program. 1682 (2)Any person hunting on private land enrolled in the 1683 Voluntary Authorized Hunter Identification Program shall have 1684 readily available on the land at all times when hunting on the 1685 property written authorization from the owner or his or her 1686 authorized representative to be on the land for the purpose of 1687 hunting. The written authorization shall be presented on demand 1688 to any law enforcement officer, the owner, or the authorized 1689 agent of the owner. 1690 (b)Failure by any person hunting on private land enrolled 1691 in the program to present written authorization to hunt on that 1692 said land to any law enforcement officer or the owner or 1693 representative thereof within 7 days after of demand shall be 1694 prima facie evidence of violation of s. 810.09(2)(b) s. 1695 810.09(2)(c), punishable as provided in s. 775.082, s. 775.083, 1696 or s. 775.084. However, such evidence may be contradicted or 1697 rebutted by other evidence. 1698 Section 42.Paragraph (c) of subsection (2) of section 1699 812.014, Florida Statutes, is amended to read: 1700 812.014Theft. 1701 (2) 1702 (c)It is grand theft of the third degree and a felony of 1703 the third degree, punishable as provided in s. 775.082, s. 1704 775.083, or s. 775.084, if the property stolen is: 1705 1.Valued at $750 or more, but less than $5,000. 1706 2.Valued at $5,000 or more, but less than $10,000. 1707 3.Valued at $10,000 or more, but less than $20,000. 1708 4.A will, codicil, or other testamentary instrument. 1709 5.A firearm, except as provided in paragraph (f). 1710 6.A motor vehicle, except as provided in paragraph (a). 1711 7.Any commercially farmed animal, including any animal of 1712 the equine, avian, bovine, or swine class or other grazing 1713 animal; a bee colony of a registered beekeeper; and aquaculture 1714 species raised at a certified aquaculture facility. If the 1715 property stolen is a commercially farmed animal, including an 1716 animal of the equine, avian, bovine, or swine class or other 1717 grazing animal; a bee colony of a registered beekeeper; or an 1718 aquaculture species raised at a certified aquaculture facility, 1719 a $10,000 fine shall be imposed. 1720 8.Any fire extinguisher that, at the time of the taking, 1721 was installed in any building for the purpose of fire prevention 1722 and control. This subparagraph does not apply to a fire 1723 extinguisher taken from the inventory at a point-of-sale 1724 business. 1725 9.Any amount of citrus fruit consisting of 2,000 or more 1726 individual pieces of fruit. 1727 10.Taken from a designated construction site identified by 1728 the posting of a sign as provided for in s. 810.09(2)(c) s. 1729 810.09(2)(d). 1730 11.Any stop sign. 1731 12.Anhydrous ammonia. 1732 13.Any amount of a controlled substance as defined in s. 1733 893.02. Notwithstanding any other law, separate judgments and 1734 sentences for theft of a controlled substance under this 1735 subparagraph and for any applicable possession of controlled 1736 substance offense under s. 893.13 or trafficking in controlled 1737 substance offense under s. 893.135 may be imposed when all such 1738 offenses involve the same amount or amounts of a controlled 1739 substance. 1740 1741 However, if the property is stolen during a riot or an 1742 aggravated riot prohibited under s. 870.01 and the perpetration 1743 of the theft is facilitated by conditions arising from the riot; 1744 or within a county that is subject to a state of emergency 1745 declared by the Governor under chapter 252, the property is 1746 stolen after the declaration of emergency is made, and the 1747 perpetration of the theft is facilitated by conditions arising 1748 from the emergency, the offender commits a felony of the second 1749 degree, punishable as provided in s. 775.082, s. 775.083, or s. 1750 775.084, if the property is valued at $5,000 or more, but less 1751 than $10,000, as provided under subparagraph 2., or if the 1752 property is valued at $10,000 or more, but less than $20,000, as 1753 provided under subparagraph 3. As used in this paragraph, the 1754 terms conditions arising from a riot and conditions arising 1755 from the emergency have the same meanings as provided in 1756 paragraph (b). A person arrested for committing a theft during a 1757 riot or an aggravated riot or within a county that is subject to 1758 a state of emergency may not be released until the person 1759 appears before a committing magistrate at a first appearance 1760 hearing. For purposes of sentencing under chapter 921, a felony 1761 offense that is reclassified under this paragraph is ranked one 1762 level above the ranking under s. 921.0022 or s. 921.0023 of the 1763 offense committed. 1764 Section 43.Paragraphs (b) and (c) of subsection (3) of 1765 section 921.0022, Florida Statutes, are amended to read: 1766 921.0022Criminal Punishment Code; offense severity ranking 1767 chart. 1768 (3)OFFENSE SEVERITY RANKING CHART 1769 (b)LEVEL 2 1770 1771 FloridaStatute FelonyDegree Description 1772 379.2431(1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act. 1773 379.2431(1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act. 1774 403.413(6)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste. 1775 517.07(2) 3rd Failure to furnish a prospectus meeting requirements. 1776 590.28(1) 3rd Intentional burning of lands. 1777 784.03(3) 3rd Battery during a riot or an aggravated riot. 1778 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death. 1779 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits. 1780 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service. 1781 806.13(3) 3rd Criminal mischief; damage of $200 or more to a memorial or historic property. 1782 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary. 1783 810.09(2)(d) 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property. 1784 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000. 1785 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling. 1786 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure. 1787 817.234(1)(a)2. 3rd False statement in support of insurance claim. 1788 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300. 1789 817.52(3) 3rd Failure to redeliver hired vehicle. 1790 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation. 1791 817.60(5) 3rd Dealing in credit cards of another. 1792 817.60(6)(a) 3rd Forgery; purchase goods, services with false card. 1793 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months. 1794 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related. 1795 831.01 3rd Forgery. 1796 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud. 1797 831.07 3rd Forging bank bills, checks, drafts, or promissory notes. 1798 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts. 1799 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes. 1800 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes. 1801 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud. 1802 843.01(2) 3rd Resist police canine or police horse with violence; under certain circumstances. 1803 843.08 3rd False personation. 1804 843.19(3) 3rd Touch or strike police, fire, SAR canine or police horse. 1805 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis. 1806 893.147(2) 3rd Manufacture or delivery of drug paraphernalia. 1807 1808 (c)LEVEL 3 1809 1810 FloridaStatute FelonyDegree Description 1811 119.10(2)(b) 3rd Unlawful use of confidential information from police reports. 1812 316.066(3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports. 1813 316.193(2)(b) 3rd Felony DUI, 3rd conviction. 1814 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 1815 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed. 1816 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 1817 319.33(1)(c) 3rd Procure or pass title on stolen vehicle. 1818 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 1819 327.35(2)(b) 3rd Felony BUI. 1820 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 1821 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 1822 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 1823 379.2431(1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act. 1824 379.2431(1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act. 1825 379.2431(1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 1826 400.9935(4)(a)or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license. 1827 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information. 1828 440.1051(3) 3rd False report of workers compensation fraud or retaliation for making such a report. 1829 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information. 1830 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 1831 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000. 1832 626.902(1)(a) &(b) 3rd Representing an unauthorized insurer. 1833 697.08 3rd Equity skimming. 1834 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 1835 794.053 3rd Lewd or lascivious written solicitation of a person 16 or 17 years of age by a person 24 years of age or older. 1836 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 1837 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty. 1838 810.09(2)(b) 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 1839 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000. 1840 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000. 1841 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others. 1842 812.081(2) 3rd Theft of a trade secret. 1843 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property. 1844 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 1845 817.233 3rd Burning to defraud insurer. 1846 817.234(8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents. 1847 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 1848 817.236 3rd Filing a false motor vehicle insurance application. 1849 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 1850 817.413(2) 3rd Sale of used goods of $1,000 or more as new. 1851 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability. 1852 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud. 1853 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards. 1854 836.13(2) 3rd Person who promotes an altered sexual depiction of an identifiable person without consent. 1855 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 1856 860.15(3) 3rd Overcharging for repairs and parts. 1857 870.01(2) 3rd Riot. 1858 870.01(4) 3rd Inciting a riot. 1859 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs). 1860 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university. 1861 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility. 1862 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances. 1863 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis. 1864 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 1865 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 1866 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance. 1867 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893. 1868 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioners practice. 1869 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioners practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance. 1870 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 1871 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner. 1872 918.13(1) 3rd Tampering with or fabricating physical evidence. 1873 944.47(1)(a)1. & 2. 3rd Introduce contraband to correctional facility. 1874 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. 1875 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility). 1876 1877 Section 44.For the purpose of incorporating the amendment 1878 made by this act to section 493.6113, Florida Statutes, in a 1879 reference thereto, subsection (6) of section 493.6115, Florida 1880 Statutes, is reenacted to read: 1881 493.6115Weapons and firearms. 1882 (6)In addition to any other firearm approved by the 1883 department, a licensee who has been issued a Class G license 1884 may carry a .38 caliber revolver; or a .380 caliber or 9 1885 millimeter semiautomatic pistol; or a .357 caliber revolver with 1886 .38 caliber ammunition only; or a .40 caliber handgun; or a .45 1887 ACP handgun while performing duties authorized under this 1888 chapter. A licensee may not carry more than two firearms upon 1889 her or his person when performing her or his duties. A licensee 1890 may only carry a firearm of the specific type and caliber with 1891 which she or he is qualified pursuant to the firearms training 1892 referenced in subsection (8) or s. 493.6113(3)(b). 1893 Section 45.For the purpose of incorporating the amendment 1894 made by this act to section 496.405, Florida Statutes, in 1895 references thereto, subsection (2) of section 496.4055, Florida 1896 Statutes, is reenacted to read: 1897 496.4055Charitable organization or sponsor board duties. 1898 (2)The board of directors, or an authorized committee 1899 thereof, of a charitable organization or sponsor required to 1900 register with the department under s. 496.405 shall adopt a 1901 policy regarding conflict of interest transactions. The policy 1902 shall require annual certification of compliance with the policy 1903 by all directors, officers, and trustees of the charitable 1904 organization. A copy of the annual certification shall be 1905 submitted to the department with the annual registration 1906 statement required by s. 496.405. 1907 Section 46.For the purpose of incorporating the amendment 1908 made by this act to section 559.905, Florida Statutes, in a 1909 reference thereto, paragraph (b) of subsection (1) of section 1910 559.907, Florida Statutes, is reenacted to read: 1911 559.907Charges for motor vehicle repair estimate; 1912 requirement of waiver of rights prohibited. 1913 (1)No motor vehicle repair shop shall charge for making a 1914 repair price estimate unless, prior to making the price 1915 estimate, the shop: 1916 (b)Obtains authorization on the written repair estimate, 1917 in accordance with s. 559.905, to prepare an estimate. No motor 1918 vehicle repair shop shall impose or threaten to impose any such 1919 charge which is clearly excessive in relation to the work 1920 involved in making the price estimate. 1921 Section 47.For the purpose of incorporating the amendment 1922 made by this act to section 585.01, Florida Statutes, in a 1923 reference thereto, subsection (6) of section 468.382, Florida 1924 Statutes, is reenacted to read: 1925 468.382Definitions.As used in this act, the term: 1926 (6)Livestock means any animal included in the definition 1927 of livestock by s. 585.01 or s. 588.13. 1928 Section 48.For the purpose of incorporating the amendment 1929 made by this act to section 585.01, Florida Statutes, in a 1930 reference thereto, subsection (3) of section 534.47, Florida 1931 Statutes, is reenacted to read: 1932 534.47Definitions.As used in ss. 534.48-534.54, the term: 1933 (3)Livestock has the same meaning as in s. 585.01(13). 1934 Section 49.For the purpose of incorporating the amendment 1935 made by this act to section 585.01, Florida Statutes, in a 1936 reference thereto, section 767.01, Florida Statutes, is 1937 reenacted to read: 1938 767.01Dog owners liability for damages to persons, 1939 domestic animals, or livestock.Owners of dogs shall be liable 1940 for any damage done by their dogs to a person or to any animal 1941 included in the definitions of domestic animal and livestock 1942 as provided by s. 585.01. 1943 Section 50.For the purpose of incorporating the amendment 1944 made by this act to section 585.01, Florida Statutes, in a 1945 reference thereto, section 767.03, Florida Statutes, is 1946 reenacted to read: 1947 767.03Good defense for killing dog.In any action for 1948 damages or of a criminal prosecution against any person for 1949 killing or injuring a dog, satisfactory proof that said dog had 1950 been or was killing any animal included in the definitions of 1951 domestic animal and livestock as provided by s. 585.01 shall 1952 constitute a good defense to either of such actions. 1953 Section 51.Except as otherwise expressly provided in this 1954 act and except for this section, which shall take effect upon 1955 this act becoming a law, this act shall take effect July 1, 1956 2024.