HB 553 — Department of Agriculture and Consumer Services

providing that delaying or failing to make payment for certain livestock is an unfair and deceptive act;

repealing s.

534.51, F.S., relating to the prohibition of the filing of complaints by certain livestock markets;

amending s.

534.54, F.S.;

providing that purchasers who delay or fail to render payment for purchased livestock are liable for certain fees, costs, and expenses;

conforming provisions to changes made by the act;

amending s.

authorizing the department to waive certain fees and suspend specified provisions during a state of emergency;

revising and defining terms;Page 5 of 124 CODING:

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hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 terms;

578.08, PageF.S.; 4 of 114 CODING:

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hb0553-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 553 2018 F.S.;

specifying that it is unlawful to representPage seed6 asof certified124 exceptCODING: under specified conditions or to label seed with a variety name under certain conditions;

repealing s.

578.14, F.S., Page 5 of 114 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 relatingrepresent seed as certified except under specified conditions or to packetlabel vegetableseed andwith flowera seed;variety name under certain conditions;

repealing s.

578.14, F.S., relating to packet vegetable and flower seed;

prohibiting certain noxious weedPage seed7 fromof being124 offeredCODING: or exposed for sale;

amending s.

590.02, F.S.;

authorizing the Florida Forest Service to pay certain employees' initial Page 6 of 114 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 commercialweed driverseed licensefrom examinationbeing fees;offered or exposed for sale;

590.02, F.S.;

authorizing the Florida Forest Service to pay certain employees' initial commercial driver license examination fees;

amending s.

specifying that it is a violation to disseminate certain misleading or confusing advertisements, to make certain misleading or confusing representations, to use content implying or leading to confusion that such content is from a governmental entity when such is not true, to fail to provide certain disclosures, and to fail to provide certain responses and answers to the Page 78 of 114124 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 content is from a governmental entity when such is not true, to fail to provide certain disclosures, and to fail to provide certain responses and answers to the department;

2.Page 9 of 124 CODING:

Litter containment structures located on producing poultry farms and animal waste nutrient containment structures located on producing dairy farms shall be assessed by the Page 8 of 114 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 methodology2. described in subparagraph 1.

Litter containment structures located on producing poultry farms and animal waste nutrient containment structures located on producing dairy farms shall be assessed by the methodology described in subparagraph 1.

(d) The City of Apalachicola Department of Agriculture and Consumer Services shall collect an annual fee of $100 from state residents and $500 from nonresidents for the issuance of an ApalachicolaPage Bay10 oysterof harvesting124 license.CODING:

The license year shall begin on July 1 of each year and end on June 30 of the following year.

The license shall be valid only for the Page 9 of 114 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 licensee.Apalachicola Bay oyster harvesting license.

The license year shall begin on July 1 of each year and end on June 30 of the following year.

The license shall be valid only for the licensee.

487.041 Registration.— (1)(a)Page Effective11 January 1, 2009, Each brand of pesticide,124 asCODING: defined in s.

487.021, which is distributed, sold, or offered for sale, except as provided in this section, within this state Page 10 of 114 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 or(1)(a) deliveredEffective forJanuary transportation1, or2009, transportedEach inbrand intrastateof commercepesticide, oras betweendefined points within this state through any point outside this state must be registered in thes. office of the department, and such registration shall be renewed biennially.

487.021, which is distributed, sold, or offered for sale, except as provided in this section, within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state must be registered in the office of the department, and such registration shall be renewed biennially.

An ingredient statement and a complete current copy of the labeling accompanying the brand of pesticide, which must conform to the registration, and a statement of all claims to be made for it, including directions for use and a guaranteed analysis showing the names and percentages by weight of each active ingredient, the total percentage of inert ingredients, and the names and percentages by weight of each "added ingredient." (b) Effective January 1, 2009, For the purpose of defraying expenses of the department in connection with carrying out the provisions of this part, each registrant shall pay a biennial registration fee for each registered brand of pesticide.Page 12 of 124 CODING:

The registration of each brand of pesticide shall cover a designated 2-year period beginning on January 1 of each odd-numbered year and expiring on December 31 of the following Page 11 of 114 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 year.pesticide.

The registration of each brand of pesticide shall cover a designated 2-year period beginning on January 1 of each odd-numbered year and expiring on December 31 of the following year.

A valid DD form 214 issued by the United States DepartmentPage of13 Defense, an acceptable form as specified by the Department of Veterans'124 Affairs,CODING: or other official military documentation.

Such form or documentation must be issued not Page 12 of 114 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 moreDepartment than 3 years before the submission of theDefense, applicant'san Classacceptable "K"form application,as indicatingspecified thatby the applicantDepartment hasof beenVeterans' honorablyAffairs, dischargedor andother hasofficial served as a military firearmsdocumentation. instructor within the last 3 years of service.

Such form or documentation must be issued not more than 3 years before the submission of the applicant's Class "K" application, indicating that the applicant has been honorably discharged and has served as a military firearms instructor within the last 3 years of service.

(d)Page Each14 Classof "K"124 licenseeCODING: shall additionally submit:

1.

One of the certificates specified under s.

493.6105(6) as proof that he or she remains certified to provide firearms Page 13 of 114 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 instruction;(d) Each Class "K" licensee shall additionally submit:

1.

One of the certificates specified under s.

493.6105(6) as proof that he or she remains certified to provide firearms instruction;

When expenditures are not properly documented and disclosed by records, there exists a rebuttable presumption that the charitable organization, sponsor, professional fundraising Page 1415 of 114124 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 expenditures are not properly documented and disclosed by records, there exists a rebuttable presumption that the charitable organization, sponsor, professional fundraising consultant, or professional solicitor did not properly expend such funds.

The application must state the location of each water vending machine, the source of the water to be vended, the treatment the water will receive prior to being vended, and any other informationPage considered16 necessaryof by124 theCODING: department.

(5) OPERATING STANDARDS.— (i) The operator shall place on each water vending Page 15 of 114 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 machine,information inconsidered anecessary positionby clearly visible to customers, the followingdepartment. information:

(5) OPERATING STANDARDS.— (i) The operator shall place on each water vending machine, in a position clearly visible to customers, the following information:

Paragraph (g) of subsection (1) of section 501.059, Florida Statutes, is amended, a new paragraph (i) is added to that subsection, and subsection (5)(5), paragraph (c) of sectionsubsection 501.059,(8), Floridaand Statutes,subsection (9) of that section are amendedamended, to read:

(g) "Telephonic sales call" means a telephone call, ringlessor direct-to-voicemailtext delivery,message, or textvoicemail messagetransmission to a consumer for the purpose of soliciting a sale of any consumer goods or services, soliciting an extension of credit for consumer goods or services, or obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes.

(5)(i) A"Voicemail telephonetransmission" solicitormeans ortechnologies other person may not initiate an outbound telephone call or text message to a consumer, business, or donor or potential donor who has previously communicated to the telephone solicitor or other person that hePage or17 sheof does124 notCODING: wish to receive an outbound telephone call or text message:

(a) Made by or on behalf of the seller whose goods or Page 16 of 114 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 servicesdeliver area beingvoice offered;message directly to a voicemail application, service, or device.

(5) A telephone solicitor or other person may not initiate an outbound telephone call, or text message, or voicemail transmission to a consumer, business, or donor or potential donor who has previously communicated to the telephone solicitor or other person that he or she does not wish to receive an outbound telephone call, or text message, or voicemail transmission:

(a) Made by or on behalf of the seller whose goods or services are being offered;

(8) (c) It shall be unlawful for any person who makes a telephonic sales call or causes a telephonic sales call to be made to fail to transmit or cause not to be transmitted the originating telephone number and, when made available by the telephone solicitor's carrier, the name of the telephone solicitor to any caller identification service in use by a recipient of a telephonic sales call.

However, it shall not be a violation to substitute, for the name and telephone number used in or billed for making the call, the name of the seller on behalf of which a telephonic sales call is placed and the seller's customer service telephone number, which is answered Page 18 of 124 CODING:

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hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 during regular business hours.

If a telephone number is made available through a caller identification service as a result of a telephonic sales call, the solicitor must ensure that telephone number is capable of receiving phone calls and must connect the original call recipient, upon calling such number, to the telephone solicitor or to the seller on behalf of which a telephonic sales call was placed.

For purposes of this section, the term "caller identification service" means a service that allows a telephone subscriber to have the telephone number and, where available, the name of the calling party transmitted contemporaneously with the telephone call and displayed on a device in or connected to the subscriber's telephone.

(9)(a) The department shall investigate any complaints received concerning violations of this section.

If, after investigating a complaint, the department finds that there has been a violation of this section, the department or the Department of Legal Affairs may bring an action to impose a civil penalty and to seek other relief, including injunctive relief, as the court deems appropriate against the telephone solicitor.

The civil penalty shall be in the Class IV III category pursuant to s.

570.971 for each violation and shall be deposited in the General Inspection Trust Fund if the action or proceeding was brought by the department, or the Legal Affairs Revolving Trust Fund if the action or proceeding was brought by the Department of Legal Affairs.

This civil penalty may be Page 19 of 124 CODING:

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hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 recovered in any action brought under this part by the department, or the department may terminate any investigation or action upon agreement by the person to pay a stipulated civil penalty.

The department or the court may waive any civil penalty if the person has previously made full restitution or reimbursement or has paid actual damages to the consumers who have been injured by the violation.

(b) The department may, as an alternative to the civil penalties provided in paragraph (a), impose an administrative fine in the Class III I category pursuant to s.

570.971 for each act or omission that constitutes a violation of this section.

An administrative proceeding that could result in the entry of an order imposing an administrative penalty must be conducted pursuant to chapter 120.

(3) Any script, outline, or presentation the applicant requiresPage or20 suggestsof a124 salespersonCODING: use when soliciting;

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hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 requires or suggests a salesperson use when soliciting;

PageThis 17section ofdoes 114not CODING:limit the department's ability to inspect and copy material pursuant to any other law.

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hb0553-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 553 2018 This section does not limit the department's ability to inspect and copy material pursuant to any other law.

or (b) To raise the boiling point of water or for the preventionPage 21 of engine124 overheating,CODING: whether or not the liquid is used as a year-round cooling system fluid.

(2) "Antifreeze-coolant," "antifreeze and summer coolant," or "summer coolant" means any substance as defined in subsection (1) which also is sold, distributed, or intended for raising the boiling point of water or for the prevention of engine overheating whether or not used as a year-round cooling system fluid.

Unless otherwise stated, the term "antifreeze" includes "antifreeze," "antifreeze-coolant," "antifreeze and summer coolant," and "summer coolant." (2)(3) "Department" means the Department of Agriculture Page 18 of 114 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 andprevention Consumerof Services.engine overheating, whether or not the liquid is used as a year-round cooling system fluid.

(2) "Antifreeze-coolant," "antifreeze and summer coolant," or "summer coolant" means any substance as defined in subsection (1) which also is sold, distributed, or intended for raising the boiling point of water or for the prevention of engine overheating whether or not used as a year-round cooling system fluid.

Unless otherwise stated, the term "antifreeze" includes "antifreeze," "antifreeze-coolant," "antifreeze and summer coolant," and "summer coolant." (2)(3) "Department" means the Department of Agriculture and Consumer Services.

(6)(7)Page "Labeling"22 meansof the124 labelsCODING: and any other written, printed, or graphic matter accompanying a package.

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hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 (6)(7) "Labeling" means the labels and any other written, printed, or graphic matter accompanying a package.

The registration certificate expires shall expire 12 Pageor 1924 months after the date of 114issue, CODING:as indicated on the registration certificate.

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hb0553-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 553 2018 or 24 months after the date of issue, as indicated on the registration certificate.

and (c) All existing product of the stated brand will be removedPage by23 the registrant from the state within 30 days after expiration of the124 registrationCODING: or the registrant will reregister the brand for two subsequent registration periods.

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hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 removed by the registrant from the state within 30 days after expiration of the registration or the registrant will reregister the brand for two subsequent registration periods.

(b) An application fee of $200 for a 12-month registration or $400 for a 24-month registration for each brand of Pageantifreeze; 20 of 114 CODING:

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hb0553-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 553 2018 antifreeze;

and (c) Is not adulterated as prescribed for antifreeze by thisPage part24 chapter.of 124 CODING:

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hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 this part chapter.

Section 501.917, Florida Statutes, is amended Pageto 21read: of 114 CODING:

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hb0553-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 553 2018 to read:

It shall be the duty of said laboratoryPage to25 examine promptly all samples received in connection with the administration and enforcement of this124 act.CODING:

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hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 laboratory to examine promptly all samples received in connection with the administration and enforcement of this act.

Such statement need not include inhibitor or other Pageminor 22ingredients which total less than 5 percent by weight of 114the CODING:antifreeze;

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hb0553-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 553 2018 minor ingredients which total less than 5 percent by weight of the antifreeze;

526.51Page Registration;26 of 124 CODING:

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hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 526.51 Registration;

If the applicant does not own the brand name but wishes to register the product with the department, a notarized affidavit that gives the applicant full authorization Pageto 23register the brand name and that is signed by the owner of 114the CODING:brand name must accompany the application for registration.

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hb0553-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 553 2018 to register the brand name and that is signed by the owner of the brand name must accompany the application for registration.

An application fee of $50 for a 12-month registration orPage $10027 for a 24-month registration for each brand of brake124 fluid.CODING:

3.

For All first-time applications for a brand and formula combination, must be accompanied by a certified report from an independent testing laboratory, dated no more than 6 months before the registration application, setting forth the analysis of the brake fluid which shows its quality to be not less than the specifications established by the department for brake fluids.

A sample of not less than 24 fluid ounces of brake fluid shall be submitted, in a container with a label printed in the same manner that it will be labeled when sold, and the sample Page 24 of 114 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 andor container$100 shallfor bea analyzed24-month andregistration inspectedfor byeach thebrand departmentof inbrake orderfluid. that compliance with the department's specifications and labeling requirements may be verified.

3.

For All first-time applications for a brand and formula combination, must be accompanied by a certified report from an independent testing laboratory, dated no more than 6 months before the registration application, setting forth the analysis of the brake fluid which shows its quality to be not less than the specifications established by the department for brake fluids.

A sample of not less than 24 fluid ounces of brake fluid shall be submitted, in a container with a label printed in the same manner that it will be labeled when sold, and the sample and container shall be analyzed and inspected by the department in order that compliance with the department's specifications and labeling requirements may be verified.

A permit may be renewed by application to the department, accompanied by a renewal fee of $50 for a 12-month registration, or $100 for a 24-month registration, on or before thePage expiration28 of the124 previouslyCODING: issued permit.

To reregister a previously registered brand and formula combination, an applicant must submit a completed application and all materials as required in this section to the department before the expiration of the previously issued permit.

A brand and formula combination for which a completed application and all materials required in this section are not received before the expiration of the previously issued permit may not be registered with the department until a completed application and all materials required in this section have been received and approved.

If the brand and formula combination was previously registered with the Page 25 of 114 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 department and a fee, application, or materials required in this section are received after the expiration of the previously issued permit,permit. a penalty of $25 accrues, which shall be added to the fee.

To reregister a previously registered brand and formula combination, an applicant must submit a completed application and all materials as required in this section to the department before the expiration of the previously issued permit.

A brand and formula combination for which a completed application and all materials required in this section are not received before the expiration of the previously issued permit may not be registered with the department until a completed application and all materials required in this section have been received and approved.

If the brand and formula combination was previously registered with the department and a fee, application, or materials required in this section are received after the expiration of the previously issued permit, a penalty of $25 accrues, which shall be added to the fee.

1.Page 29 of 124 CODING:

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hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 1.

If production resumes, the brand and formula combination must be Pagereregistered 26before ofit 114is CODING:again distributed in this state.

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hb0553-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 553 2018 reregistered before it is again distributed in this state.

The department has shall have free access during business hours to all premises, buildings, vehicles, cars, or vessels used in the manufacture, packing, storage,Page sale,30 or transportation of brake124 fluid,CODING: and may open any box, carton, parcel, or container of brake fluid and take samples for inspection and analysis or for evidence.

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hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 storage, sale, or transportation of brake fluid, and may open any box, carton, parcel, or container of brake fluid and take samples for inspection and analysis or for evidence.

(2) "Person" means any individual, firm, partnership, Pagecorporation, 27company, ofassociation, 114organization, CODING:or cooperative.

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hb0553-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 553 2018 corporation, company, association, organization, or cooperative.

(e)Page Requalifier31 of cylinders.124 CODING:

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hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 (e) Requalifier of cylinders.

any person Pageleasing 28or offering to lease, or exchanging or offering to exchange, any apparatus, appliances, and equipment for the use of 114liquefied CODING:petroleum gas;

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hb0553-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 553 2018 leasing or offering to lease, or exchanging or offering to exchange, any apparatus, appliances, and equipment for the use of liquefied petroleum gas;

(7) "Category II liquefied petroleum gas dispenser" means any person engaging in the business of operating a liquefied petroleum gas dispensing unit for the purpose of serving liquid products to the ultimate consumer for industrial, commercial, or domestic use, and selling or offering to sell, or leasing or offering to lease, apparatus, appliances, and equipment for the use of liquefied petroleum gas, including maintaining a cylinder storagePage rack32 at the licensed business location for the purpose of storing124 cylindersCODING: filled by the licensed business for sale or use at a later date.

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hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 storage rack at the licensed business location for the purpose of storing cylinders filled by the licensed business for sale or use at a later date.

(9) "Category IV dealer in appliances and equipment Pageliquefied 29petroleum gas dispenser and recreational vehicle servicer" means any person selling or offering to sell, or leasing or offering to lease, apparatus, appliances, and equipment for the use of 114liquefied CODING:petroleum gas engaging in the business of operating a liquefied petroleum gas dispensing unit for the purpose of serving liquid product to the ultimate consumer for industrial, commercial, or domestic use, and selling or offering to sell, or leasing or offering to lease, apparatus, appliances, and equipment for the use of liquefied petroleum gas, and whose services include the installation, service, or repair of recreational vehicle liquefied petroleum gas appliances and equipment.

(10) "Category V LP gas installer" means any person who is engaged in the liquefied petroleum gas business and whose Page 33 of 124 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 liquefiedservices petroleuminclude gasthe dispenserinstallation, andservicing, recreationalaltering, vehicle servicer" means any person selling or offeringmodifying toof sell,apparatus, orpiping, leasingtubing, ortanks, offering to lease, apparatus, appliances, and equipment for the use of liquefied petroleum gasor engagingnatural in the business of operating a liquefied petroleum gas dispensing unit for the purpose of serving liquid product to the ultimate consumer for industrial, commercial, or domestic use, and selling or offering to sell, or leasing or offering to lease, apparatus, appliances, and equipment for the use of liquefied petroleum gas, and whose services include the installation, service, or repairnatural ofgas. recreational vehicle liquefied petroleum gas appliances and equipment.

(10) "Category V LP gas installer" means any person who is engaged in the liquefied petroleum gas business and whose services include the installation, servicing, altering, or modifying of apparatus, piping, tubing, tanks, and equipment for the use of liquefied petroleum or natural gas and selling or offering to sell, or leasing or offering to lease, apparatus, appliances, and equipment for the use of liquefied petroleum or natural gas.

or a pipeline system operator Specialty installer" means any person Pageinvolved 30in the installation, service, or repair of 114liquefied CODING:petroleum or natural gas appliances and equipment, and selling or offering to sell, or leasing or offering to lease, apparatus, appliances, and equipment for the use of liquefied petroleum gas, whose activities are limited to specific types of appliances and equipment as designated by department rule.

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hb0553-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 553 2018 involved in the installation, service, or repair of liquefied petroleum or natural gas appliances and equipment, and selling or offering to sell, or leasing or offering to lease, apparatus, appliances, and equipment for the use of liquefied petroleum gas, whose activities are limited to specific types of appliances and equipment as designated by department rule.

(12)(13) "Manufacturer of liquefied petroleum gas appliances and equipment" means any person in this state manufacturing and offering for sale or selling tanks, cylinders, or other containers and necessary appurtenances for use in the storage,Page transportation,34 or delivery of such124 gasCODING: to the ultimate consumer, or manufacturing and offering for sale or selling apparatus, appliances, and equipment for the use of liquefied petroleum gas to the ultimate consumer.

(13)(14) "Wholesaler" means any person, as defined by subsection (2), selling or offering to sell any liquefied petroleum gas for industrial, commercial, or domestic use to any person except the ultimate consumer.

(14)(15) "Requalifier of cylinders" means any person involved in the retesting, repair, qualifying, or requalifying of liquefied petroleum gas tanks or cylinders manufactured under Page 31 of 114 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 specificationsstorage, transportation, or delivery of such gas to the Unitedultimate Statesconsumer, Departmentor ofmanufacturing Transportationand offering for sale or formerselling Interstateapparatus, Commerceappliances, Commission.and equipment for the use of liquefied petroleum gas to the ultimate consumer.

(13)(14) "Wholesaler" means any person, as defined by subsection (2), selling or offering to sell any liquefied petroleum gas for industrial, commercial, or domestic use to any person except the ultimate consumer.

(14)(15) "Requalifier of cylinders" means any person involved in the retesting, repair, qualifying, or requalifying of liquefied petroleum gas tanks or cylinders manufactured under specifications of the United States Department of Transportation or former Interstate Commerce Commission.

(16)(18) "Pipeline system operator" means any person who owns or operates a liquefied petroleum gas pipeline system that isPage used35 toof transmit124 liquefiedCODING: petroleum gas from a common source to the ultimate customer and that serves 10 or more customers.

(19) "Category V liquefied petroleum gases dealer for industrial uses only" means any person engaged in the business of filling, selling, and transporting liquefied petroleum gas containers for use in welding, forklifts, or other industrial applications.

(17)(20) "License period year" means the period 1 to 3 years from the issuance of the license from September 1 through the following August 31, or April 1 through the following March 31, depending upon the type of license.

Page 32 of 114 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 Sectionis 19.used to transmit liquefied petroleum gas from a common source to the ultimate customer and that serves 10 or more customers.

(19) "Category V liquefied petroleum gases dealer for industrial uses only" means any person engaged in the business of filling, selling, and transporting liquefied petroleum gas containers for use in welding, forklifts, or other industrial applications.

(17)(20) "License period year" means the period 1 to 3 years from the issuance of the license from September 1 through the following August 31, or April 1 through the following March 31, depending upon the type of license.

Section 19.

527.01(6) through (11) of a pipeline system operator, category I liquefied petroleum gas dealer, category II liquefied petroleum gas dispenser, category III liquefied petroleum gas cylinder exchange operator, category IV liquefied petroleum gas dispenser and recreational vehicle servicer, category V liquefied petroleum gas dealer for industrial uses only, LP gas installer, specialty installer, dealer in liquefied petroleum gas appliances and equipment, manufacturer of liquefied petroleum gas appliances and equipment, requalifier of cylinders, or fabricator, repairer, andPage tester36 of vehicles124 andCODING: cargo tanks without first obtaining from the department a license to engage in one or more of these businesses.

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words underlined are additions.

hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 and tester of vehicles and cargo tanks without first obtaining from the department a license to engage in one or more of these businesses.

(2) Each business location of a person having multiple Pagelocations 33must shall be separately licensed and must meet the requirements of 114this CODING:section.

Such license shall be granted to any applicant determined by the department to be competent, qualified, and trustworthy who files with the department a surety bond, insurance affidavit, or other proof of insurance, as hereinafter specified, and pays for such license the following annual license original application fee for new licenses and annual renewal fees for existing licenses:

License Original Renewal License Category Application Fee Per Year Fee Category I liquefied petroleum gas $400 $525 $425 Page 37 of 124 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 locationsdealer mustCategory shallII beliquefied separatelypetroleum licensedgas dispenser $400 525 375 Category III liquefied petroleum gas cylinder exchange unit operator $65 100 65 Category IV dealer in appliances and mustequipment meetliquefied thepetroleum requirementsgas dispenser and recreational vehicle servicer $65 525 400 Category V LP gas installer liquefied petroleum gases dealer for industrial uses only $200 300 200 Page 38 of this124 section.CODING:

Such license shall be granted to any applicant determined by the department to be competent, qualified, and trustworthy who files with the department a surety bond, insurance affidavit, or other proof of insurance, as hereinafter specified, and pays for such license the following annual license original application fee for new licenses and annual renewal fees for existing licenses:

License Original Renewal License Category Application Fee Per Year Fee Category I liquefied petroleum gas dealer $400 $525 $425 Category II liquefied petroleum gas dispenser $400 525 375 Category III liquefied petroleum gas cylinder exchange unit operator $65 100 65 Page 34 of 114 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 Category IVVI dealermiscellaneous inoperator appliancesLP andgas equipmentinstaller liquefied$200 petroleum300 gas200 dispenserSpecialty andinstaller recreational300 vehicle200 servicerDealer $65in 525appliances 400and Categoryequipment Vfor LPuse gasof installer liquefied petroleum gasesgas dealer50 for45 industrialManufacturer usesof onlyliquefied $200petroleum 300 200 Category VI miscellaneous operator LP gas installerappliances $200and 300equipment 200525 Specialty375 installerRequalifier 300of 200cylinders Dealer525 in375 appliancesFabricator, repairer, and equipmenttester for use of liquefiedvehicles petroleumand gascargo 50tanks 45525 375 Page 3539 of 114124 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 Manufacturer of liquefied petroleum gas appliances and equipment 525 375 Requalifier of cylinders 525 375 Fabricator, repairer, and tester of vehicles and cargo tanks 525 375 (3)(a) An applicant for an original license who submits an application during the last 6 months of the license year may have the original license fee reduced by one-half for the 6- month period.

Page(b) 36The department shall waive the initial license fee for 1 year for an honorably discharged veteran of 114the CODING:United States Armed Forces, the spouse of such a veteran, or a business entity that has a majority ownership held by such a veteran or spouse if the department receives an application, in a format prescribed by the department, within 60 months after the date of the veteran's discharge from any branch of the United States Armed Forces.

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hb0553-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 553 2018 (b) The department shall waive the initial license fee for 1 year for an honorably discharged veteran of the United States Armed Forces, the spouse of such a veteran, or a business entity that has a majority ownership held by such a veteran or spouse if the department receives an application, in a format prescribed by the department, within 60 months after the date of the veteran's discharge from any branch of the United States Armed Forces.

the spouse of a veteran must provide to the department a copy of the veteran's DD Form 214, as issued by the United States Department of Defense, or another acceptable form ofPage identification40 as specified by the Department of Veterans'124 Affairs,CODING: and a copy of a valid marriage license or certificate verifying that he or she was lawfully married to the veteran at the time of discharge;

or a business entity must provide to the department proof that a veteran or the spouse of a veteran holds a majority ownership in the business, a copy of the veteran's DD Form 214, as issued by the United States Department of Defense, or another acceptable form of identification as specified by the Department of Veterans' Affairs, and, if applicable, a copy of a valid marriage license or certificate verifying that the spouse of the veteran was lawfully married to the veteran at the time Page 37 of 114 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 of discharge.identification as specified by the Department of Veterans' Affairs, and a copy of a valid marriage license or certificate verifying that he or she was lawfully married to the veteran at the time of discharge;

or a business entity must provide to the department proof that a veteran or the spouse of a veteran holds a majority ownership in the business, a copy of the veteran's DD Form 214, as issued by the United States Department of Defense, or another acceptable form of identification as specified by the Department of Veterans' Affairs, and, if applicable, a copy of a valid marriage license or certificate verifying that the spouse of the veteran was lawfully married to the veteran at the time of discharge.

(5) The license fee for a pipeline system operator shall bePage $10041 perof system124 ownedCODING: or operated by the person, not to exceed $400 per license year.

Such license fee applies only to a pipeline system operator who owns or operates a liquefied petroleum gas pipeline system that is used to transmit liquefied petroleum gas from a common source to the ultimate customer and that serves 10 or more customers.

(5)(6) The department shall adopt promulgate rules specifying acts deemed by the department to demonstrate a lack of trustworthiness to engage in activities requiring a license or qualifier identification card under this section.

(7) Any license issued by the department may be Page 38 of 114 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 transferredbe to$100 anyper person,system firm,owned or corporationoperated forby the remainderperson, ofnot the current license year upon written request to theexceed department$400 byper thelicense originalyear. licenseholder.

Such license fee applies only to a pipeline system operator who owns or operates a liquefied petroleum gas pipeline system that is used to transmit liquefied petroleum gas from a common source to the ultimate customer and that serves 10 or more customers.

(5)(6) The department shall adopt promulgate rules specifying acts deemed by the department to demonstrate a lack of trustworthiness to engage in activities requiring a license or qualifier identification card under this section.

(7) Any license issued by the department may be transferred to any person, firm, or corporation for the remainder of the current license year upon written request to the department by the original licenseholder.

527.02, any person applying for a license to engage in category I, category II, or category V the activities of a pipeline system operator, category I liquefied petroleum gas dealer, category II liquefied petroleum gas dispenser, category IV liquefied petroleum gas dispenserPage and42 recreational vehicle servicer, category V liquefied petroleum gases dealer for industrial uses only, LP gas installer, specialty installer, requalifier of cylinders,124 orCODING: fabricator, repairer, and tester of vehicles and cargo tanks must prove competency by passing a written examination administered by the department or its agent with a grade of 70 75 percent or above in each area tested.

Each applicant for examination shall submit a $20 nonrefundable fee.

The department shall by rule specify the general areas of competency to be covered by each examination and the relative weight to be assigned in grading each area tested.

Page 39 of 114 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 (2)dispenser Applicationand forrecreational examinationvehicle servicer, category V liquefied petroleum gases dealer for industrial uses only, LP gas installer, specialty installer, requalifier of cylinders, or fabricator, repairer, and tester of vehicles and cargo tanks must prove competency mayby bepassing madea written examination administered by anthe individualdepartment or byits anagent owner,with a partner,grade orof any70 person75 employedpercent byor theabove licensein applicant.each area tested.

Each applicant for examination shall submit a $20 nonrefundable fee.

The department shall by rule specify the general areas of competency to be covered by each examination and the relative weight to be assigned in grading each area tested.

(2) Application for examination for competency may be made by an individual or by an owner, a partner, or any person employed by the license applicant.

Should the individual terminates terminate active employment in the area of examination for a period exceeding 24 months, or fails fail to provide documentation of continuing education,Page the43 individual'sof qualifier124 statusCODING: shall automatically expire.

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hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 education, the individual's qualifier status shall automatically expire.

Page(3) 40Qualifier ofregistration 114expires CODING:cards issued to category I liquefied petroleum gas dealers and liquefied petroleum gas installers shall expire 3 years after the date of issuance.

All category I liquefied petroleum gas dealer qualifiers and liquefied petroleum gas installer qualifiers holding a valid qualifier card upon the effective date of this act shall retain their qualifier status until July 1, 2003, and may sit for the master qualifier examination at any time during that time period.

All such category I liquefied petroleum gas dealer qualifiers and liquefied petroleum gas installer qualifiers may renew their qualification on or before July 1, 2003, upon application to the department, payment of a $20 renewal fee, and documentation of the completion of a minimum of 16 hours of approved continuing education courses, as defined by Page 44 of 124 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 (3)department Qualifierrule, registrationduring expires cards issued to category I liquefied petroleum gas dealers and liquefied petroleum gas installers shall expire 3 years after the dateprevious of3-year issuance.period.

All category I liquefied petroleum gas dealer qualifiers and liquefied petroleum gas installer qualifiers holding a valid qualifier card upon the effective date of this act shall retain their qualifier status until July 1, 2003, and may sit for the master qualifier examination at any time during that time period.

All such category I liquefied petroleum gas dealer qualifiers and liquefied petroleum gas installer qualifiers may renew their qualification on or before July 1, 2003, upon application to the department, payment of a $20 renewal fee, and documentation of the completion of a minimum of 16 hours of approved continuing education courses, as defined by department rule, during the previous 3-year period.

Page(4) 41A qualifier for a business organization involved in installation, repair, maintenance, or service of 114liquefied CODING:petroleum gas appliances, equipment, or systems must actually function in a supervisory capacity of other company employees performing licensed activities installing, repairing, maintaining, or servicing liquefied petroleum gas appliances, equipment, or systems.

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hb0553-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 553 2018 (4) A qualifier for a business organization involved in installation, repair, maintenance, or service of liquefied petroleum gas appliances, equipment, or systems must actually function in a supervisory capacity of other company employees performing licensed activities installing, repairing, maintaining, or servicing liquefied petroleum gas appliances, equipment, or systems.

(5) In addition to all other licensing requirements, each category I and category V licensee liquefied petroleum gas dealer and liquefied petroleum gas installer must, at the time ofPage application45 forof licensure,124 identifyCODING: to the department one master qualifier who is a full-time employee at the licensed location.

This person shall be a manager, owner, or otherwise primarily responsible for overseeing the operations of the licensed location and must provide documentation to the department as provided by rule.

The master qualifier requirement shall be in addition to the requirements of subsection (1).

(a) In order to apply for certification as a master qualifier, each applicant must have been a registered be a category I liquefied petroleum gas dealer qualifier or liquefied petroleum gas installer qualifier for a minimum of 3 years Page 42 of 114 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 immediately preceding submission of theapplication application,for mustlicensure, beidentify employedto bythe adepartment licensedone categorymaster Iqualifier orwho categoryis V licensee liquefied petroleum gas dealer, liquefied petroleum gas installer, or applicant for such license, must provide documentation of a minimumfull-time ofemployee 1at year's work experience in the gaslicensed industry,location. and must pass a master qualifier competency examination.

This person shall be a manager, owner, or otherwise primarily responsible for overseeing the operations of the licensed location and must provide documentation to the department as provided by rule.

The master qualifier requirement shall be in addition to the requirements of subsection (1).

(a) In order to apply for certification as a master qualifier, each applicant must have been a registered be a category I liquefied petroleum gas dealer qualifier or liquefied petroleum gas installer qualifier for a minimum of 3 years immediately preceding submission of the application, must be employed by a licensed category I or category V licensee liquefied petroleum gas dealer, liquefied petroleum gas installer, or applicant for such license, must provide documentation of a minimum of 1 year's work experience in the gas industry, and must pass a master qualifier competency examination.

(b)Page Upon46 successful completion of the124 masterCODING: qualifier examination, the department shall issue the examinee a certificate of master qualifier registration status which shall include the name of the licensed company for which the master qualifier is employed.

A master qualifier may transfer from one licenseholder to another upon becoming employed by the company and providing a written request to the department.

(c) A master qualifier registration expires status shall expire 3 years after the date of issuance of the certificate and may be renewed by submission to the department of documentation of completion of at least 16 hours of approved continuing Page 43 of 114 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 education(b) coursesUpon duringsuccessful completion of the 3-yearmaster period;qualifier examination, the department shall issue the examinee a certificate of master qualifier registration status which shall include the name of the licensed company for which the master qualifier is employed.

A master qualifier may transfer from one licenseholder to another upon becoming employed by the company and providing a written request to the department.

(c) A master qualifier registration expires status shall expire 3 years after the date of issuance of the certificate and may be renewed by submission to the department of documentation of completion of at least 16 hours of approved continuing education courses during the 3-year period;

All other requirementsPage with47 regardof to124 masterCODING: qualifier certificate expiration, renewal, and continuing education shall apply.

(6) A vacancy in a qualifier or master qualifier position in a business organization which results from the departure of the qualifier or master qualifier shall be immediately reported to the department by the departing qualifier or master qualifier and the licensed company.

(a) If a business organization no longer possesses a duly designated qualifier, as required by this section, its liquefied petroleum gas licenses shall be suspended by order of the department after 20 working days.

The license shall remain Page 44 of 114 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 suspendedrequirements untilwith aregard competentto master qualifier hascertificate beenexpiration, employed,renewal, the order of suspension terminated by the department, and thecontinuing licenseeducation reinstated.shall apply.

(6) A vacancy in a qualifier or master qualifier position in a business organization which results from the departure of the qualifier or master qualifier shall be immediately reported to the department by the departing qualifier or master qualifier and the licensed company.

(a) If a business organization no longer possesses a duly designated qualifier, as required by this section, its liquefied petroleum gas licenses shall be suspended by order of the department after 20 working days.

The license shall remain suspended until a competent qualifier has been employed, the order of suspension terminated by the department, and the license reinstated.

If the company fails to replace the master qualifierPage within48 the 60-day time period, the license of the124 companyCODING: shall be suspended by order of the department.

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hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 qualifier within the 60-day time period, the license of the company shall be suspended by order of the department.

Page(a) 45Violation of 114any CODING:provision of this chapter or any rule or order of the department;

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hb0553-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 553 2018 (a) Violation of any provision of this chapter or any rule or order of the department;

(9) If a duplicate license, qualifier card, or master qualifierPage registration49 certificate is requested by the licensee, a fee of $10124 mustCODING: be received before issuance of the duplicate license or certificate card.

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hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 qualifier registration certificate is requested by the licensee, a fee of $10 must be received before issuance of the duplicate license or certificate card.

Page527.021 46Registration of 114transport CODING:vehicles.— (1) Each liquefied petroleum gas bulk delivery vehicle owned or leased by a liquefied petroleum gas licensee must be registered with the department as part of the licensing application or when placed into service annually.

(2) For the purposes of this section, a "liquefied petroleum gas bulk delivery vehicle" means any vehicle that is used to transport liquefied petroleum gas on any public street or highway as liquid cargo in a cargo tank, which tank is mounted on a conventional truck chassis or is an integral part of a transporting vehicle in which the tank constitutes, in whole or in part, the stress member used as a frame and is a permanent part of the transporting vehicle.

(3) Vehicle registrations shall be submitted by the Page 50 of 124 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 527.021vehicle Registrationowner ofor transportlessee vehicles.—in (1)conjunction Eachwith liquefiedthe petroleumannual gasrenewal bulkof deliveryhis vehicle owned or leasedher by a liquefied petroleum gas licenseelicense, mustbut beno registeredlater withthan theAugust department31 as part of theeach licensingyear. application or when placed into service annually.

(2) For the purposes of this section, a "liquefied petroleum gas bulk delivery vehicle" means any vehicle that is used to transport liquefied petroleum gas on any public street or highway as liquid cargo in a cargo tank, which tank is mounted on a conventional truck chassis or is an integral part of a transporting vehicle in which the tank constitutes, in whole or in part, the stress member used as a frame and is a permanent part of the transporting vehicle.

(3) Vehicle registrations shall be submitted by the vehicle owner or lessee in conjunction with the annual renewal of his or her liquefied petroleum gas license, but no later than August 31 of each year.

Page527.03 47Annual Renewal of 114license.—All CODING:licenses required under this chapter shall be renewed annually, biennially, or triennially, as elected by the licensee, subject to the license fees prescribed in s.

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hb0553-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 553 2018 527.03 Annual Renewal of license.—All licenses required under this chapter shall be renewed annually, biennially, or triennially, as elected by the licensee, subject to the license fees prescribed in s.

Category III Liquefied Petroleum Gas Cylinder Exchange Unit Operator licenses and Dealer in Appliances and Equipment for Use of Liquefied Petroleum Gas licenses shall be renewed for the periodPage beginning51 Aprilof 1124 andCODING: shall expire on the following March 31 unless sooner suspended, revoked, or otherwise terminated.

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hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 period beginning April 1 and shall expire on the following March 31 unless sooner suspended, revoked, or otherwise terminated.

527.04 Proof of insurance required.— (1) Before any license is issued, except to a category IV dealer in appliances and equipment for use of liquefied Pagepetroleum 48gas or a category III liquefied petroleum gas cylinder exchange operator, the applicant must deliver to the department satisfactory evidence that the applicant is covered by a primary policy of 114bodily CODING:injury liability and property damage liability insurance that covers the products and operations with respect to such business and is issued by an insurer authorized to do business in this state for an amount not less than $1 million and that the premium on such insurance is paid.

An insurance certificate, affidavit, or other satisfactory evidence of acceptable insurance coverage shall be accepted as proof of insurance.

In lieu of an insurance policy, the applicant may deliver a good and sufficient bond in the amount of $1 million, payable to the Commissioner of Agriculture Governor of Florida, with the applicant as principal and a surety company authorized Page 52 of 124 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 petroleum gas or a category III liquefied petroleum gas cylinder exchange operator, the applicant must deliver to the department satisfactory evidence that the applicant is covered by a primary policy of bodily injury liability and property damage liability insurance that covers the products and operations with respect to such business and is issued by an insurer authorized to do business in this state foras ansurety. amount not less than $1 million and that the premium on such insurance is paid.

An insurance certificate, affidavit, or other satisfactory evidence of acceptable insurance coverage shall be accepted as proof of insurance.

In lieu of an insurance policy, the applicant may deliver a good and sufficient bond in the amount of $1 million, payable to the Commissioner of Agriculture Governor of Florida, with the applicant as principal and a surety company authorized to do business in this state as surety.

If the insurance policy is canceled or otherwise terminated or the bond becomes insufficient, the department may require new proof of insurance or a new bond to be filed, and if the licenseholder fails to comply, the department shall cancel the license issued and give the Pagelicenseholder 49written ofnotice 114that CODING:it is unlawful to engage in business without a license.

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hb0553-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 553 2018 licenseholder written notice that it is unlawful to engage in business without a license.

(2) Before any license is issued to a category class III liquefied petroleum gas cylinder exchange operator, the applicant must deliver to the department satisfactory evidence that the applicant is covered by a primary policy of bodily injury liability and property damage liability insurance that covers the products and operations with respect to the business and is issued by an insurer authorized to do business in this statePage for53 anof amount124 notCODING: less than $300,000 and that the premium on the insurance is paid.

An insurance certificate, affidavit, or other satisfactory evidence of acceptable insurance coverage shall be accepted as proof of insurance.

In lieu of an insurance policy, the applicant may deliver a good and sufficient bond in the amount of $300,000, payable to the Commissioner of Agriculture Governor, with the applicant as principal and a surety company authorized to do business in this state as surety.

The bond must be conditioned upon the applicant's compliance with this chapter and the rules of the department with respect to the conduct of such business and must indemnify Page 50 of 114 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 andstate holdfor harmlessan allamount personsnot fromless lossthan or$300,000 damageand bythat reasonthe ofpremium on the applicant'sinsurance failureis topaid. comply.

An insurance certificate, affidavit, or other satisfactory evidence of acceptable insurance coverage shall be accepted as proof of insurance.

In lieu of an insurance policy, the applicant may deliver a good and sufficient bond in the amount of $300,000, payable to the Commissioner of Agriculture Governor, with the applicant as principal and a surety company authorized to do business in this state as surety.

The bond must be conditioned upon the applicant's compliance with this chapter and the rules of the department with respect to the conduct of such business and must indemnify and hold harmless all persons from loss or damage by reason of the applicant's failure to comply.

(3)Page Any54 person having a cause of action124 onCODING: the bond may bring suit against the principal and surety, and a copy of such bond duly certified by the department shall be received in evidence in the courts of this state without further proof.

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hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 (3) Any person having a cause of action on the bond may bring suit against the principal and surety, and a copy of such bond duly certified by the department shall be received in evidence in the courts of this state without further proof.

jurisdiction.— Page(1) 51The provisions of 114this CODING:chapter shall apply to liquefied petroleum gas bulk storage locations when:

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hb0553-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 553 2018 (1) The provisions of this chapter shall apply to liquefied petroleum gas bulk storage locations when:

(3) A fee of $200 shall be assessed for each site plan reviewedPage by55 theof division.124 CODING:

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hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 reviewed by the division.

leak calls.— (1) Immediately upon discovery, all liquefied petroleum gas licensees shall notify the department of any liquefied Pagepetroleum 52gas-related ofaccident 114involving CODING:a liquefied petroleum gas licensee or customer account:

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hb0553-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 553 2018 petroleum gas-related accident involving a liquefied petroleum gas licensee or customer account:

Subsection (3) is added to section 527.067, Florida Statutes, to read:

527.067 Responsibilities of persons engaged in servicing liquefied petroleum gas equipment and systems and consumers, end users, or owners of liquefied petroleum gas equipment or Page 56 of 124 CODING:

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hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 systems.— (3) A category I liquefied petroleum gas dealer may not render a consumer's liquefied petroleum gas equipment or system inoperable or discontinue service without providing written or electronic notification to the consumer at least 5 business days before rendering the liquefied petroleum gas equipment or system inoperable or discontinuing service.

This notification does not apply in the event of a hazardous condition known to the category I liquefied petroleum gas dealer.

Section 27.

Section 27.28.

527.21 Definitions relating to Florida Propane Gas Page 5357 of 114124 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 Education, Safety, and Research Act.—As used in ss.

Section 28.29.

Page 5458 of 114124 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 Section 29.30.

Section 30.31.

SubsectionSection (46)534.47, is added to section 570.07, Florida Statutes, is amended to read:

534.47 Definitions.—As used in ss.

534.48-534.54, the term ss.

534.48-534.53:

(1) "Dealer" means a person, not a market agency, engaged in the business of buying or selling in commerce livestock either on his or her own account or as the employee or agent of a vendor or purchaser.

(2)(1) "Department" means the Department of Agriculture and Consumer Services.

(3) "Livestock" has the same meaning as in s.

585.01(13).

(4)(2) "Livestock market" means any location in the state where livestock is assembled and sold at public auction or on a commission basis during regularly scheduled or special sales.

The term "livestock market" does shall not include private farms or ranches or sales made at livestock shows, fairs, exhibitions, or special breed association sales.

(5) "Packer" means a person engaged in the business of buying livestock in commerce for purposes of slaughter, or of manufacturing or preparing meats or meat food products for sale Page 59 of 124 CODING:

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hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 or shipment in commerce, or of marketing meats, meat food products, or livestock products in an unmanufactured form acting as a wholesaler broker, dealer, or distributor in commerce.

(6) "Purchaser" means a person, partnership, firm, corporation, or other organization owning, managing, producing, or dealing in livestock, including, but not limited to, a packer or dealer, that buys livestock for breeding, feeding, reselling, slaughter, or other purpose.

(7) "Registered and approved livestock market" means a livestock market fully registered, bonded, and approved as a market agency pursuant to the Stockyards Act and governing regulations of the United States Department of Agriculture Grain Inspection, Packers and Stockyards Administration.

(8) "Seller" means a person, partnership, firm, corporation, or other organization owning, managing, producing, financing, or dealing in livestock, including, but not limited to, a registered and approved livestock market as consignee or a dealer, that sells livestock for breeding, feeding, reselling, slaughter, or other purpose.

(9) "Stockyards Act" means the Packers and Stockyards Act of 1921, 7 U.S.C.

ss.

181–229 and the regulations promulgated pursuant to that act under 9 C.F.R.

part 201.

(3) "Buyer" means the party to whom title of livestock passes or who is responsible for the purchase price of Page 60 of 124 CODING:

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hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 livestock, including, but not limited to, producers, dealers, meat packers, or order buyers.

Section 32.

Section 534.49, Florida Statutes, is amended to read:

534.49 Livestock drafts;

effect.—For the purposes of this section, a livestock draft given as payment at a livestock auction market for a livestock purchase shall not be deemed an express extension of credit to the purchaser buyer and shall not defeat the creation of a lien on such an animal and its carcass, and all products therefrom, and all proceeds thereof, to secure all or a part of its sales price, as provided in s.

534.54(3) s.

534.54(4).

Section 33.

Section 534.50, Florida Statutes, is repealed.

Section 34.

Section 534.501, Florida Statutes, is amended to read:

534.501 Livestock draft;

Unlawful to delay or failure in payment.—It is shall be unlawful for the purchaser of livestock to delay or fail in rendering payment for livestock to a seller of cattle as provided in s.

534.54.

A person who violates this section commits an unfair or deceptive act or practice as specified in s.

501.204 payment of the livestock draft upon presentation of said draft at the payor's bank.

Nothing contained in this section shall be construed to preclude a payor's right to refuse payment of an unauthorized draft.

Section 35.

Section 534.51, Florida Statutes, is repealed.

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hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 Section 36.

Section 534.54, Florida Statutes, is amended to read:

534.54 Cattle or hog processors;

prompt payment;

penalty;

lien.— (1) As used in this section:

(a) "Livestock" means cattle or hogs.

(b) "Meat processor" means a person, corporation, association, or other legal entity engaged in the business of slaughtering cattle or hogs.

(1)(2)(a) A purchaser that meat processor who purchases livestock from a seller, or any person, corporation, association, or other legal entity who purchases livestock from a seller for slaughter, shall make payment by cash or check for the purchase price of the livestock and actually deliver the cash or check to the seller or her or his representative at the location where the purchaser takes physical possession of the livestock on the day the transfer of possession occurs or by shall wire transfer of funds on the business day within which the possession of the said livestock is transferred.

However, if the transfer of possession is accomplished after normal banking hours, said payment shall be made in the manner herein provided in this subsection no not later than the close of the first business day following the said transfer of possession.

In the case of "grade and yield" selling, the purchaser shall make payment by wire transfer of funds or by personal or cashier's Page 62 of 124 CODING:

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hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 check by registered mail postmarked no not later than the close of the first business day following determination of "grade and yield." (b) All instruments issued in payment as required by this section hereunder shall be drawn on banking institutions which are so located as not artificially to delay collection of funds through the mail or otherwise cause an undue lapse of time in the clearance process.

(2)(3) In all cases in which A purchaser of who purchases livestock that for slaughter from a seller fails to comply with subsection (1) make payment for the livestock as required by this section or artificially delays collection of funds for the payment of the livestock, the purchaser shall be liable to pay the seller owner of the livestock, in addition to the price of the livestock:

(a) Twelve percent damages on the amount of the price.

(b) Interest on the purchase price of the livestock at the highest legal rate from and after the transfer of possession until payment is made as required by this section.

(c) A Reasonable attorney fees, court costs, and expenses attorney's fee for the prosecution of collection of the payment.

(3)(4)(a) A seller that Any person, partnership, firm, corporation, or other organization which sells livestock to a purchaser shall have a lien on such animal and its carcass, all products therefrom, and all proceeds thereof to secure all or a Page 63 of 124 CODING:

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hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 part of its sales price.

(b) The lien provided in this subsection shall be deemed to have attached and to be perfected upon delivery of the livestock to the purchaser without further action, and such lien shall continue in the livestock and its carcass, all products therefrom, and all proceeds thereof without regard to possession thereof by the party entitled to such lien without further perfection.

(c) If the livestock or its carcass or products therefrom are so commingled with other livestock, carcasses, or products so that the identity thereof is lost, then the lien granted in this subsection shall extend to the same effect as if same had been perfected originally in all such animals, carcasses, and products with which it has become commingled.

However, all liens so extended under this paragraph to such commingled livestock, carcasses, and products shall be on a parity with one another, and, with respect to such commingled carcasses or products upon which a lien or liens have been so extended under this paragraph, no such lien shall be enforceable as against any purchaser without actual knowledge thereof purchasing one or more of such carcasses or products in the ordinary course of trade or business from the party having commingled such carcasses or products or against any subsequent transferee from such purchaser, but in the event of such sale, such lien shall instead extend to the proceeds of such sale.

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hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 553 2018 Section 37.

Subsections (46) and (47) are added to section 570.07, Florida Statutes, to read:

Section(47) 31.During a state of emergency declared pursuant to s.

252.36, to issue an emergency order temporarily suspending ss.

526.304 and 526.305 in recognition of motor fuel as an essential commodity necessary to effectuate emergency plans and aid in recovery.

Section 38.

A No Page 5565 of 114124 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 marketing order, or any suspension, amendment, or termination thereof, may not shall become effective until the termination of a period of 5 days after from the date of posting and publication.

Section 32.39.

(5) "Brand" means a distinguishing word, name, symbol, Page 5666 of 114124 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 number, or design used to identify seed produced, packaged, advertised, or offered for sale by a particular person.

or (b) An agency of a foreign country that the United States Secretary of Agriculture has determined as adhering to procedures and standards for seed certification comparable to Page 5767 of 114124 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 those adhered to generally by seed certifying agencies under paragraph (a).

(10) "Forest tree seed" includes seed of woody plants Page 5868 of 114124 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 commonly known and sold as forest tree seed.

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hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 (b) One inbred or a single cross with an open-pollinated variety;

(22)(16) "Labeling" includes all labels and other written, printed, or graphic representations, in any form, accompanying and pertaining to any seed, whether in bulk or in containers, Page 6070 of 114124 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 and includes invoices and other bills of shipment when sold in bulk.

(27)(19) "Origin" means the state, District of Columbia, Page 6171 of 114124 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 Puerto Rico, or possession of the United States, or the foreign country where the seed were grown, except for native species, where the term means the county or collection zone and the state where the seed were grown for forest tree seed, with respect to which the term "origin" means the county or state forest service seed collection zone and the state where the seed were grown.

(22) "Prohibited noxious weed seed" means the seed and bulblets of perennial weeds such as not only reproduce by seed or bulblets, but also spread by underground roots or stems and which, when established, are highly destructive and difficult to Page 6272 of 114124 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 control in this state by ordinary good cultural practice.

(34) "Shrub seed" means seed of a woody plant that is Page 6373 of 114124 CODING:

hb0553-01-c1hb0553-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HBCS/CS/HB 553 2018 smaller than a tree and has several main stems arising at or near the ground.