Florida Senate - 2023 SB 1150 By Senator Ingoglia 11-01286-23 20231150__ Page 1 of 15 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to the Department of Agriculture and 2 Consumer Services; amending s. 493.6105, F.S.; making 3 a technical change; revising requirements for 4 applicants for a Class “K” license; amending s. 5 493.6113, F.S.; revising the circumstances under which 6 the Department of Agriculture and Consumer Affairs may 7 waive firearms training requirements; revising 8 requirements for applicants for a Class “K” license; 9 requiring the Division of Licensing of the department 10 to establish a specified late fee by rule; amending s. 11 493.6123, F.S.; authorizing the department to publish 12 certain information online in lieu of using a paper 13 format; amending ss. 493.6304 and 493.6406, F.S.; 14 making technical changes; amending s. 496.405, F.S.; 15 revising requirements relating to registration fees 16 for certain charitable organizations, sponsors, and 17 parent organizations; amending s. 496.406, F.S.; 18 conforming provisions to changes made by the act; 19 amending s. 527.01, F.S.; revising the

definitions of 20 the terms “Category I liquefied petroleum gas dealer” 21 and “Category V LP gas installer”; creating s. 22 812.0151, F.S.; defining the term “fuel”; providing 23 criminal penalties for certain actions relating to 24 retail fuel theft; requiring law enforcement agencies 25 to remove and reclaim, recycle, or dispose of fuel in 26 a specified manner; requiring judges to enter a 27 specified order for persons convicted of violating 28 specified provisions; specifying that convicted 29

Florida Senate - 2023 SB 1150 11-01286-23 20231150__ Page 2 of 15 CODING: Words stricken are deletions; words underlined are additions. persons are responsible for certain costs and 30 payments; providing applicability; reenacting ss. 31 366.032(1)(

e) and 489.105(3)(m), F.S., relating to 32 preemption over utility service restrictions and 33

definitions, respectively, to incorporate the 34 amendments made by this act to s. 527.01, F.S., in 35 references thereto; providing an effective date. 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39

Section 1. Subsection (2) and paragraph (

a) of subsection 40 (6) of

section 493.6105, Florida Statutes, are amended to read: 41 493.6105 Initial application for license.— 42

(2) Each application must be signed and verified by the 43 applicant individual under oath as provided in s. 92.525. 44

(6) In addition to the requirements under subsection (3), 45 an applicant for a Class “K” license must: 46 (

a) Submit one of the following: 47 1. The Florida Criminal Justice Standards and Training 48 Commission Instructor Certificate and written confirmation by 49 the commission that the applicant possesses an active firearms 50 certification. 51 2. A valid National Rifle Association Private Security 52 Firearm Instructor Certificate issued not more than 3 years 53 before the submission of the applicant’s Class “K” application. 54 3. A valid firearms instructor certificate issued by a 55 federal law enforcement agency issued not more than 3 years 56 before the submission of the applicant’s Class “K” application. 57 4. A valid DD Form 214 issued not more than 3 years before 58

Florida Senate - 2023 SB 1150 11-01286-23 20231150__ Page 3 of 15 CODING: Words stricken are deletions; words underlined are additions. the submission of the applicant’s Class “K” application, 59 indicating that the applicant has been honorably discharged and 60 served no less than 3 years in the military as a firearms 61 instructor. 62

Section 2. Paragraphs (

b) and (

d) of subsection (3) and 63 subsection (4) of

section 493.6113, Florida Statutes, are 64 amended to read: 65 493.6113 Renewal application for licensure.— 66

(3) Each licensee is responsible for renewing his or her 67 license on or before its expiration by filing with the 68 department an application for renewal accompanied by payment of 69 the renewal fee and the fingerprint retention fee to cover the 70 cost of ongoing retention in the statewide automated biometric 71 identification system established in s. 943.05(2)(b). Upon the 72 first renewal of a license issued under this

chapter before 73 January 1, 2017, the licensee shall submit a full set of 74 fingerprints and fingerprint processing fees to cover the cost 75 of entering the fingerprints into the statewide automated 76 biometric identification system pursuant to s. 493.6108(4)(a) 77 and the cost of enrollment in the Federal Bureau of 78 Investigation’s national retained print arrest notification 79 program. Subsequent renewals may be completed without submission 80 of a new set of fingerprints. 81 (

b) Each Class “G” licensee shall additionally submit proof 82 that he or she has received during each year of the license 83 period a minimum of 4 hours of firearms requalification training 84 taught by a Class “K” licensee and has complied with such other 85 health and training requirements that the department shall adopt 86 by rule. Proof of completion of firearms requalification 87

Florida Senate - 2023 SB 1150 11-01286-23 20231150__ Page 4 of 15 CODING: Words stricken are deletions; words underlined are additions. training shall be submitted to the department upon completion of 88 the training. A Class “G” licensee must successfully complete 89 this requalification training for each type and caliber of 90 firearm carried in the course of performing his or her regulated 91 duties. If the licensee fails to complete the required 4 hours 92 of annual training during the first year of the 2-year term of 93 the license, the license shall be automatically suspended.

The 94 licensee must complete the minimum number of hours of range and 95 classroom training required at the time of initial licensure and 96 submit proof of completion of such training to the department 97 before the license may be reinstated.

If the licensee fails to 98 complete the required 4 hours of annual training during the 99 second year of the 2-year term of the license, the licensee must 100 complete the minimum number of hours of range and classroom 101 training required at the time of initial licensure and submit 102 proof of completion of such training to the department before 103 the license may be renewed. The department may waive the 104 firearms training requirement if: 105 1.

The applicant provides proof that he or she is currently 106 certified as a law enforcement officer or correctional officer 107 under the Criminal Justice Standards and Training Commission and 108 has completed law enforcement firearms requalification training 109 annually during the previous 2 years of the licensure period; 110 2.

The applicant provides proof that he or she is currently 111 certified as a federal law enforcement officer and has received 112 law enforcement firearms training administered by a federal law 113 enforcement agency annually during the previous 2 years of the 114 licensure period; or 115 3. The applicant submits a valid firearm certificate among 116

Florida Senate - 2023 SB 1150 11-01286-23 20231150__ Page 5 of 15 CODING: Words stricken are deletions; words underlined are additions. those specified in s. 493.6105(6)(

a) and provides proof of 117 having completed requalification training during the previous 2 118 years of the licensure period; or 119 4. The applicant provides proof that he or she has 120 completed annual firearms training in accordance with the 121 requirements of the federal Law Enforcement Officers Safety Act 122 under 18 U.S.C. ss. 926B-926C. 123 (

d) Each Class “K” licensee shall additionally submit: 124 1. One of the certificates specified under s. 493.6105(6) 125 as proof that he or she remains certified to provide firearms 126 instruction; or 127 2. Proof of having taught at least six 28-hour firearms 128 instruction courses to Class “G” applicants during the previous 129 3-year license period. 130

(4) A licensee who fails to file a renewal application on 131 or before its expiration must renew his or her license by 132 fulfilling the applicable requirements of subsection (3) and may 133 be required to pay by paying a late fee equal to the amount of 134 the license fee. The division shall establish the amount of the 135 late fee authorized under this subsection by rule; however, such 136 late fee may not exceed the amount of the license fee. 137

Section 3. Subsection (3) is added to

section 493.6123, 138 Florida Statutes, to read: 139 493.6123 Publication to industry.— 140

(3) The department may publish all information required by 141 this

section online in lieu of using a paper format. 142

Section 4. Subsection (2) of

section 493.6304, Florida 143 Statutes, is amended to read: 144 493.6304 Security officer school or training facility.— 145

Florida Senate - 2023 SB 1150 11-01286-23 20231150__ Page 6 of 15 CODING: Words stricken are deletions; words underlined are additions.

(2) The application must shall be signed and verified by 146 the applicant under oath as provided in s. 92.525 and must 147 contain, at a minimum, the following information: 148 (

a) The name and address of the school or training facility 149 and, if the applicant is an individual, her or his name, 150 address, and social security or alien registration number. 151 (

b) The street address of the place at which the training 152 is to be conducted. 153 (

c) A copy of the training curriculum and final examination 154 to be administered. 155

Section 5. Subsection (2) of

section 493.6406, Florida 156 Statutes, is amended to read: 157 493.6406 Recovery agent school or training facility.— 158

(2) The application must be signed and verified by the 159 applicant under oath as provided in s. 92.525 and must shall 160 contain, at a minimum, the following information: 161 (

a) The name and address of the school or training facility 162 and, if the applicant is an individual, his or her name, 163 address, and social security or alien registration number. 164 (

b) The street address of the place at which the training 165 is to be conducted or the street address of the Class “RS” 166 school offering Internet-based or correspondence training. 167 (

c) A copy of the training curriculum and final examination 168 to be administered. 169

Section 6. Paragraph (

a) of subsection (4) of

section 170 496.405, Florida Statutes, is amended to read: 171 496.405 Registration statements by charitable organizations 172 and sponsors.— 173 (4)(

a) Every charitable organization, sponsor, or parent 174

Florida Senate - 2023 SB 1150 11-01286-23 20231150__ Page 7 of 15 CODING: Words stricken are deletions; words underlined are additions. organization filing on behalf of one or more chapters, branches, 175 or affiliates that is required to register under this

section 176 must pay a single registration fee. A parent organization filing 177 on behalf of one or more chapters, branches, or affiliates shall 178 total all contributions received by the chapters, branches, or 179 affiliates included in the registration statement to determine 180 registration fees. Fees shall be assessed as follows: 181 1.a. Ten dollars, if the contributions received for the 182 last fiscal or calendar year were less than $5,000; or 183 b.

Ten dollars, if the contributions actually raised or 184 received from the public during the immediately preceding fiscal 185 year by such organization or sponsor are no more than $50,000 186 $25,000 and the fundraising activities of such organization or 187 sponsor are carried on by volunteers, members, officers, or 188 permanent employees, who are not compensated, primarily to 189 solicit such contributions, provided no part of the assets or 190 income of such organization or sponsor inures to the benefit of 191 or is paid to any officer or member of such organization or 192 sponsor or to any professional fundraising consultant, 193 professional solicitor, or commercial co-venturer; 194 2.

Seventy-five dollars, if the contributions received for 195 the last fiscal year were $5,000 or more, but less than 196 $100,000; 197 3. One hundred twenty-five dollars, if the contributions 198 received for the last fiscal year were $100,000 or more, but 199 less than $200,000; 200 4. Two hundred dollars, if the contributions received for 201 the last fiscal year were $200,000 or more, but less than 202 $500,000; 203

Florida Senate - 2023 SB 1150 11-01286-23 20231150__ Page 8 of 15 CODING: Words stricken are deletions; words underlined are additions. 5. Three hundred dollars, if the contributions received for 204 the last fiscal year were $500,000 or more, but less than $1 205 million; 206 6. Three hundred fifty dollars, if the contributions 207 received for the last fiscal year were $1 million or more, but 208 less than $10 million; 209 7. Four hundred dollars, if the contributions received for 210 the last fiscal year were $10 million or more. 211

Section 7. Paragraph (

d) of subsection (1) of

section 212 496.406, Florida Statutes, is amended to read: 213 496.406 Exemption from registration.— 214

(1) The following charitable organizations and sponsors are 215 exempt from the requirements of s. 496.405: 216 (

d) A charitable organization or sponsor that has less than 217 $50,000 $25,000 in total revenue during a fiscal year if the 218 fundraising activities of such organization or sponsor are 219 carried on by volunteers, members, or officers who are not 220 compensated and no part of the assets or income of such 221 organization or sponsor inures to the benefit of or is paid to 222 any officer or member of such organization or sponsor or to any 223 professional fundraising consultant, professional solicitor, or 224 commercial co-venturer.

If a charitable organization or sponsor 225 that has less than $50,000 $25,000 in total revenue during a 226 fiscal year actually acquires total revenue equal to or in 227 excess of $50,000 $25,000, the charitable organization or 228 sponsor must register with the department as required by s. 229 496.405 within 30 days after the date the revenue reaches 230 $50,000 $25,000. 231

Section 8. Subsections (6) and (10) of

section 527.01, 232

Florida Senate - 2023 SB 1150 11-01286-23 20231150__ Page 9 of 15 CODING: Words stricken are deletions; words underlined are additions. Florida Statutes, are amended to read: 233 527.01

Definitions.—As used in this chapter: 234 (6) “Category I liquefied petroleum gas dealer” means any 235 person selling or offering to sell by delivery or at a 236 stationary location any liquefied petroleum gas to the consumer 237 for industrial, commercial, or domestic use; any person leasing 238 or offering to lease, or exchanging or offering to exchange, any 239 apparatus, appliances, and equipment for the use of liquefied 240 petroleum gas; any person designing, installing, servicing, 241 altering, or modifying apparatus, piping, tubing, appliances, 242 and equipment for the use of liquefied petroleum or natural gas; 243 any person installing carburetion equipment; or any person 244 requalifying cylinders. 245 (10) “Category V LP gas installer” means any person who is 246 engaged in the liquefied petroleum gas business and whose 247 services include the design, installation, servicing, altering, 248 or modifying of apparatus, piping, tubing, tanks, and equipment 249 for the use of liquefied petroleum or natural gas and selling or 250 offering to sell, or leasing or offering to lease, apparatus, 251 appliances, and equipment for the use of liquefied petroleum or 252 natural gas. 253

Section

Section 812.0151, Florida Statutes, is created 254 to read: 255 812.0151 Retail fuel theft.— 256

(1) As used in this section, the term “fuel” has the same 257 meaning as in s. 163.3206(2). 258

(2) Any person who: 259 (

a) Intentionally breaches, causes to be breached, or gains 260 access without authorization to any internal portion of a retail 261

Florida Senate - 2023 SB 1150 11-01286-23 20231150__ Page 10 of 15 CODING: Words stricken are deletions; words underlined are additions. fuel dispenser commits a felony of the third degree, punishable 262 as provided in s. 775.082, s. 775.083, or s. 775.084. 263 (

b) Tampers with, manipulates, removes, replaces, or 264 interrupts any mechanical or electronic component located within 265 a retail fuel dispenser for the purpose of devising or executing 266 any scheme or artifice to defraud or obtain property commits a 267 felony of the second degree, punishable as provided in s. 268 775.082, s. 775.083, or s. 775.084. 269 (

c) Uses any form of electronic communication from a device 270 such as a wireless remote, computer, or other device which 271 alters, tricks, or manipulates a retail fuel dispenser commits a 272 felony of the third degree, punishable as provided in s. 273 775.082, s. 775.083, or s. 775.084. 274 (

d) Possesses, uses, or installs any device constructed for 275 the purpose of fraudulently altering, manipulating, or 276 interrupting a retail fuel dispenser from standard operation or 277 impeding the retail fuel dispenser’s functionality while 278 violating paragraph (

c) commits a felony of the second degree, 279 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 280 (

e) Obtains fuel as a result of a violation of this

section 281 commits a felony of the third degree, punishable as provided in 282 s. 775.082, s. 775.083, or s. 775.084. 283 (

f) Aids, abets, or assists in a violation of this

section 284 commits a felony of the third degree, punishable as provided in 285 s. 775.082, s. 775.083, or s. 775.084. 286 (

g) Has in his or her possession any item used to hold fuel 287 which was not fitted to a vehicle or conveyance at the time of 288 manufacture with the intent to use such item, or allow such item 289 to be used, in a violation of this

section commits a felony of 290

Florida Senate - 2023 SB 1150 11-01286-23 20231150__ Page 11 of 15 CODING: Words stricken are deletions; words underlined are additions. the third degree, punishable as provided in s. 775.082, s. 291 775.083, or s. 775.084. 292 (

h) Any person who modifies a vehicle’s factory installed 293 fuel tank for the purpose of committing, attempting to commit, 294 or aiding, abetting, or assisting someone in a violation of this 295

section commits a felony of the third degree, punishable as 296 provided in s. 775.082, s. 775.083, or s. 775.084. 297

(3) Any conveyances, vehicles, fuel tanks, and other 298 equipment used or intended to be used in a violation of this 299 section, and any fuel acquired in a violation of this section, 300 is subject to seizure and forfeiture as provided by the Florida 301 Contraband Forfeiture Act. 302

(4) A law enforcement agency that seizes fuel under this 303

section must remove and reclaim, recycle, or dispose of all the 304 fuel as soon as practicable in a safe and proper manner. 305

(5) Upon conviction of a person arrested for a violation of 306 this section, the judge must issue an order adjudging and 307 declaring that all conveyances, vehicles, fuel tanks, and other 308 equipment used or intended to be used in a violation of this 309

section are forfeited and directing their destruction, with the 310 exception of the conveyance or vehicle. 311

(6) Any person convicted of a violation of this

section is 312 responsible for both of the following: 313 (

a) All reasonable costs incurred by the investigating law 314 enforcement agency, including, but not limited to, the costs for 315 the towing and storage of the conveyance or vehicle, the removal 316 and disposal of the fuel, and the storage and destruction of all 317 fuel tanks and other equipment described and used or intended to 318 be used in a violation of this section. 319

Florida Senate - 2023 SB 1150 11-01286-23 20231150__ Page 12 of 15 CODING: Words stricken are deletions; words underlined are additions. (

b) Payment, to the party from whom it was fraudulently 320 obtained, for the retail value of any associated fuel at the 321 time of the underlying act. 322

(7) This

section does not apply to the following persons 323 who are lawfully engaged in an activity that would otherwise be 324 a violation of this section: 325 (

a) Inspectors and investigators of the Department of 326 Agriculture and Consumer Services; 327 (

b) Persons registered with the Department of Agriculture 328 and Consumer Services under

chapter 525; 329 (

c) Employees or owners of fuel stations; 330 (

d) Law enforcement officers; and 331 (

e) Firefighters or other necessary public safety 332 personnel. 333

Section 10. For the purpose of incorporating the amendments 334 made by this act to

section 527.01, Florida Statutes, in a 335 reference thereto, paragraph (

e) of subsection (1) of

section 336 366.032, Florida Statutes, is reenacted to read: 337 366.032 Preemption over utility service restrictions.— 338

(1) A municipality, county, special district, or other 339 political subdivision of the state may not enact or enforce a 340 resolution, ordinance, rule, code, or policy or take any action 341 that restricts or prohibits or has the effect of restricting or 342 prohibiting the types or fuel sources of energy production which 343 may be used, delivered, converted, or supplied by the following 344 entities to serve customers that such entities are authorized to 345 serve: 346 (

e) A Category I liquefied petroleum gas dealer or Category 347 II liquefied petroleum gas dispenser or Category III liquefied 348

Florida Senate - 2023 SB 1150 11-01286-23 20231150__ Page 13 of 15 CODING: Words stricken are deletions; words underlined are additions. petroleum gas cylinder exchange operator as defined in s. 349 527.01. 350

Section 11. For the purpose of incorporating the amendments 351 made by this act to

section 527.01, Florida Statutes, in a 352 reference thereto, paragraph (

m) of subsection (3) of

section 353 489.105, Florida Statutes, is reenacted to read: 354 489.105

Definitions.—As used in this part: 355 (3) “Contractor” means the person who is qualified for, and 356 is only responsible for, the project contracted for and means, 357 except as exempted in this part, the person who, for 358 compensation, undertakes to, submits a bid to, or does himself 359 or herself or by others construct, repair, alter, remodel, add 360 to, demolish, subtract from, or improve any building or 361 structure, including related improvements to real estate, for 362 others or for resale to others; and whose job scope is 363 substantially similar to the job scope described in one of the 364 paragraphs of this subsection.

For the purposes of regulation 365 under this part, the term “demolish” applies only to demolition 366 of steel tanks more than 50 feet in height; towers more than 50 367 feet in height; other structures more than 50 feet in height; 368 and all buildings or residences.

Contractors are subdivided into 369 two divisions, Division I, consisting of those contractors 370 defined in paragraphs (a)-(c), and Division II, consisting of 371 those contractors defined in paragraphs (d)-(q): 372 (m) “Plumbing contractor” means a contractor whose services 373 are unlimited in the plumbing trade and includes contracting 374 business consisting of the execution of contracts requiring the 375 experience, financial means, knowledge, and skill to install, 376 maintain, repair, alter, extend, or, if not prohibited by law, 377

Florida Senate - 2023 SB 1150 11-01286-23 20231150__ Page 14 of 15 CODING: Words stricken are deletions; words underlined are additions. design plumbing.

A plumbing contractor may install, maintain, 378 repair, alter, extend, or, if not prohibited by law, design the 379 following without obtaining an additional local regulatory 380 license, certificate, or registration: sanitary drainage or 381 storm drainage facilities, water and sewer plants and 382 substations, venting systems, public or private water supply 383 systems, septic tanks, drainage and supply wells, swimming pool 384 piping, irrigation systems, and solar heating water systems and 385 all appurtenances, apparatus, or equipment used in connection 386 therewith, including boilers and pressure process piping and 387 including the installation of water, natural gas, liquefied 388 petroleum gas and related venting, and storm and sanitary sewer 389 lines.

The scope of work of the plumbing contractor also 390 includes the design, if not prohibited by law, and installation, 391 maintenance, repair, alteration, or extension of air-piping, 392 vacuum line piping, oxygen line piping, nitrous oxide piping, 393 and all related medical gas systems; fire line standpipes and 394 fire sprinklers if authorized by law; ink and chemical lines; 395 fuel oil and gasoline piping and tank and pump installation, 396 except bulk storage plants; and pneumatic control piping 397 systems, all in a manner that complies with all plans, 398 specifications, codes, laws, and regulations applicable.

The 399 scope of work of the plumbing contractor applies to private 400 property and public property, including any excavation work 401 incidental thereto, and includes the work of the specialty 402 plumbing contractor. Such contractor shall subcontract, with a 403 qualified contractor in the field concerned, all other work 404 incidental to the work but which is specified as being the work 405 of a trade other than that of a plumbing contractor. This 406

Florida Senate - 2023 SB 1150 11-01286-23 20231150__ Page 15 of 15 CODING: Words stricken are deletions; words underlined are additions. definition does not limit the scope of work of any specialty 407 contractor certified pursuant to s. 489.113(6) and does not 408 require certification or registration under this part as a 409 category I liquefied petroleum gas dealer, or category V LP gas 410 installer, as defined in s. 527.01, who is licensed under 411

chapter 527 or an authorized employee of a public natural gas 412 utility or of a private natural gas utility regulated by the 413 Public Service Commission when disconnecting and reconnecting 414 water lines in the servicing or replacement of an existing water 415 heater. A plumbing contractor may perform drain cleaning and 416 clearing and install or repair rainwater catchment systems; 417 however, a mandatory licensing requirement is not established 418 for the performance of these specific services. 419

Section 12. This act shall take effect July 1, 2023. 420