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FL H0553
Bill
Status
11/7/2017
Primary Sponsor
Commerce Committee
Click for details
AI Summary
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Liquefied Petroleum Gas (LP Gas) Overhaul: Reorganizes license categories (I–VI), reduces and standardizes annual license fees (e.g., Category I and II reduced to $400), allows 1- to 3-year license terms, lowers qualifier exam passing scores from 75% to 70%, increases property damage reporting thresholds from $1,000 to $3,000, requires 5-day consumer notice before discontinuing service, and waives initial license fees for one year for honorably discharged veterans and their spouses.
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Florida Seed Law Modernization: Preempts seed regulation to the state, prohibiting local ordinances; comprehensively restructures labeling requirements for agricultural, coated, vegetable, flower, tree, and shrub seed; adds new definitions including noxious weed seed categories; reduces record retention from 3 to 2 years; broadens complaint processes from "farmers" to "buyers"; requires buyers to exhaust the seed investigation and conciliation council process before commencing litigation; and prohibits sale of seed containing prohibited noxious weed seed.
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Concealed Weapon/Firearm License Processing: Requires the department to issue a concealed weapon license after 90 days if incomplete criminal history records remain unresolved, with immediate suspension and revocation upon later receipt of disqualifying information; removes notarization requirements for lost/destroyed license replacements; and expands tax collector convenience fees and services, including new $12 duplicate license fees and $6 fees for fingerprinting and photographing.
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Telephone Solicitation and Consumer Protection: Expands the definition of "telephonic sales call" to include voicemail transmissions; requires caller ID numbers to be functional and connect recipients to the solicitor or seller; increases civil penalties from Class III to Class IV and administrative fines from Class I to Class III; and creates new 2-year recordkeeping requirements for commercial telephone sellers.
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Government Impostor and Deceptive Advertisement Act (new): Prohibits advertisements that simulate government processes or falsely imply government affiliation, approval, or endorsement; requires prominent "IMPORTANT NOTICE" disclosures when offering documents available from government sources; authorizes civil penalties of up to $1,000 per printed piece and $5,000 per day for website violations; provides a private right of action with punitive damages; and classifies violations as unfair and deceptive trade practices.
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Antifreeze and Brake Fluid Registration: Allows 12- or 24-month registration periods ($200/$400 for antifreeze; $50/$100 for brake fluid); replaces physical sample submissions with certified independent laboratory reports dated within 6 months; and establishes department certificates of analysis as prima facie evidence in legal proceedings.
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Charitable Solicitation Reforms: Prohibits commingling charitable contributions with noncharitable funds; creates a rebuttable presumption of improper expenditure when charitable expenditures are not properly documented; and requires 3-year record retention with records furnished to the department within 10 working days of request.
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Agricultural and Natural Resource Provisions: Requires screen-enclosed citrus production structures for pest exclusion to be assessed using the income methodology approach; transfers Apalachicola Bay oyster harvesting licensing from DACS to the City of Apalachicola with $100 resident/$500 nonresident fees; authorizes warrantless seizure of fuel pump skimming devices; extends weights and measures permit provisions to July 1, 2025; and authorizes the Florida Forest Service to pay initial commercial driver license exam fees for qualifying employees.
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Livestock Market Protections: Updates definitions to reference USDA; declares delayed or failed livestock payment an unfair or deceptive act; imposes 12% damages on purchase price plus interest at the highest legal rate and reasonable attorney fees; expands lien provisions to cover all livestock; and repeals dishonored check reporting and complaint-filing restrictions.
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Emergency Powers and Administrative Updates: Authorizes DACS to waive fees for duplicate permits and licenses during declared states of emergency and to temporarily suspend motor fuel provisions; requires marketing order notices to be posted on the department website instead of a physical bulletin board; adds DD Form 214 and military documentation for Class "K" firearm license applications; and the act takes effect July 1, 2018.
Legislative Description
Department of Agriculture and Consumer Services
Last Action
Laid on Table, refer to CS/CS/SB 740
3/6/2018