The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/SB 1150
INTRODUCER: Appropriations Committee on Agriculture, Environment, and General Government;
Senator Ingoglia and other
SUBJECT: Department of Agriculture and Consumer Services
DATE: April 24, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Renner McKay CM Favorable
2. Blizzard Betta AEG Fav/CS
3. Renner Yeatman FP Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1150 addresses various issues related to the Divisions of Licensing and Consumer
Services within the Department of Agriculture and Consumer Services (department). Specifically
the bill:
 Allows Class “K” initial applicants to provide military experience as a firearms instructor, or
a valid firearms instructor certificate issued by a federal law enforcement agency within the
last three years, in lieu of having to obtain other firearms training through certain
certifications;
 Allows Class “K” licensees renewing their license to demonstrate continued firearms
qualifications by teaching at least six classes during the three-year licensure period in lieu of
having to obtain certain firearm training;
 Allows a Class “G” licensee to provide proof of annual training under the Law Enforcement
Officers’ Safety Act to be used in lieu of four hours of annual training;
 Allows the Division of Licensing to set or waive license renewal late fees by administrative
rule;
 Authorizes the department to post online licensure newsletters and pamphlets in lieu of using
a paper format;
 Removes the applicant’s requirement to complete the application under oath;
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 Reduces the registration fees from $75 per year to $10 per year for certain charities receiving
$50,000 or less in contributions, as well as exempts from registration certain charities
receiving $50,000 or less in total annual revenues;
 Clarifies the definition for a “Category I liquefied petroleum gas dealer” to provide that a
dealer is any person who designs the apparatus, piping, tubing, appliances, and equipment for
the use of liquefied petroleum or natural gas; and
 Creates criminal penalties for the possession, installation, use, or aiding in the use of
contaminant devices inserted into retail fuel dispensers from its standard operation or
impeding standard functionality. The bill also creates criminal penalties for possessing or
using an auxiliary fuel tank to commit retail fuel theft.
The bill may have an indeterminate, but insignificant fiscal impact on state government. The
Legislature’s Office of Economic and Demographic Research preliminarily estimates that the bill
will have a positive indeterminate prison bed impact on criminal penalties for retail fuel theft.
See Section V. Fiscal Impact Statement.
The bill takes effect July 1, 2023.
II. Present Situation:
The present situation for each issue is described below in Section III, Effect of Proposed
Changes.
III. Effect of Proposed Changes:
The mission of the Department of Agriculture and Consumer Services (department) is to support
and promote Florida agriculture, protect the environment, safeguard consumers, and ensure the
safety and wholesomeness of food.1
This bill modifies licensing and consumer services provisions under the department’s
jurisdiction.
Division of Licensing (Sections 1, 2, 3, 4, & 5)
Present Situation
The Division of Licensing within the department is responsible for investigating and issuing
licenses for private security industries including Class “G” Statewide Firearm licenses and Class
“K” firearms instructors.2
1
Department of Agriculture and Consumer Services, About Us, available at https://www.fdacs.gov/About-Us (last visited
March 10, 2023).
2
Chapter 493, F.S.
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Class “G” Statewide Firearm License
A Class “G” license is a supplemental license that permits specific licensees to carry a firearm
during the course of their licensed, employment-related activity. A Class “G” license is available
only to individuals who currently hold one of the following licenses:
 Private investigator (Class “C”);
 Private investigator intern (Class “CC”);
 Security officer (Class “D”);
 Private investigative or security agency manager (Class “M”);
 Private investigative agency manager (Class “MA”); or
 Security agency manager (Class “MB”).3
Application and Training Requirements for Class “G” Licensees
An initial applicant for a Class “G” license must complete firearm training, which must include
at least 28 hours of range and classroom training either by in-person instruction, or via live
instruction through a secure website, with no more than eight hours consisting of in-person range
training, which must include safe handling and storage of firearms. The training must be
administered and taught by a Class “K” licensee who verifies the identity and attendance of the
applicant.4
The Class “G” applicant must submit a training certificate to the department upon completion of
the training. Additionally, the Class “K” licensee who provided the training must submit results
directly to the department’s Division of Licensing and provide a copy of the training results to
the trainee.5 An applicant who was discharged within the last 12 months from service as a
military officer, and has completed specific military courses is deemed to have completed a
substantially similar training, and is exempt from the 28 hours of range and classroom training
required for a Class “G” initial license.6
The “Class G” license must be renewed every two years.7 Class “G” licensees must annually
complete four hours of firearms requalification training for each caliber of firearm that he or she
carries in the course of his or her duties.8 The department may waive the firearms training
requirement if:
 Proof is provided showing the applicant is currently certified as a law enforcement officer or
correctional officer under the Criminal Justice Standards and Training Commission, and has
completed law enforcement firearms requalification training annually during the previous
two years of the licensure period;
 The applicant provides proof that he or she is currently certified as a federal law enforcement
officer and has received law enforcement firearms training administered by a federal law
enforcement agency annually during the previous two years of the licensure period; or
3
Section 493.6115(2), F.S.
4
Section 493.6105(5), F.S. See also Fla. Admin. Code R. 5N-1.132(1)(a).
5
Id.
6
Fla. Admin Code R 5N-1.119
7
Section 493.6113(1), F.S.
8
Section 493.6113(3)(b), F.S.
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 The applicant submits one of the valid firearm certificates required for a Class “K” initial
license and provides proof of having completed requalification training during the previous
two years of the licensure period.9
A Class “G” licensee who fails to file a renewal application on or before its expiration must
renew the license by fulfilling all renewal application requirements and pay a late fee equal to the
amount of the Class “G” license fee.10
Application and Training Requirements for Class “K” Firearms Instructor Licensees
Class “K” Firearms Instructor Licensees provide classroom or range instruction to applicants for
a Class “G” license.11 The initial applicant for a Class “K” license must submit one of the
following certificates to demonstrate continued firearms qualifications:
 The Florida Criminal Justice Standards and Training Commission Instructor Certificate and
written confirmation by the commission that the applicant possesses an active firearms
certificate.
 A valid National Rifle Association Private Security Firearm Instructor Certificate issued not
more than three years before the submission of the application.
 A valid firearms instructor certificate issued by a federal law enforcement agency issued not
more than three years before the submission of the application.12
The initial applicant must also pay the fee for, and pass an examination administered by the
department.13
Class “K” instructors must renew their license every three years14 and submit one of the
certificates, listed above, as proof that he or she remains certified to provide firearms
instruction.15 A Class “K” licensee who fails to file a renewal application on or before its
expiration must renew the license by fulling all renewal application requirements and pay a late
fee equal to the amount of the Class “K” license fee.16
Recovery agent and security officer school or training facility
Any school, training facility, or instructor who offers training for recovery agents or security
officers must file an application with the department which requires the application to be signed
and verified by the applicant under oath.17
9
Id.
10
Section 493.6113(4), F.S.
11
Sections 493.6101(14) and 493.6115(7), F.S.
12
Section 493.6105(6)(a), F.S.
13
Section 493.6105(6)(b), F.S.
14
Section 493.6113(1), F.S.
15
Section 493.6113(3)(d), F.S.
16
Section 493.6113(4), F.S.
17
Sections 493.6304(2) and 493.6406(2), F.S.
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Department Publication to the Industry18
The department periodically publishes newsletters and pamphlets advising licensees of certain
information that is of interest to the industry as well as the legal authority, rights, and obligations
for various classes of licensure. The newsletter also contains administrative complaints against
licensed or unlicensed persons or agencies. The newsletter must be published between two to
four times annually, while the pamphlet must be updated every two years as necessary.
Effect of Proposed Changes
Section 1 amends s. 493.6105, F.S., to add a valid DD Form 214 to the list of certificates an
initial applicant for a Class K” license may provide. The DD Form 214 cannot be issued more
than three years before the submission of the Class “K” application, and must state that the
applicant has been honorably discharged and served no less than three years in the military as a
firearms instructor.
Section 2 amends s. 493.6113, F.S., to provide that the department may waive the four-hour
annual firearms training requirement for a Class “G” license renewal if the applicant provides
proof that he or she has completed annual firearms training in accordance with the requirements
of the federal Law Enforcement Officers Safety Act.19
The bill provides that a Class “K” licensee renewing their license to demonstrate continued
firearms qualifications can provide proof of having taught at least six 28-hour firearms
instruction courses to Class “G” applicants during the previous three-year license period in lieu
of having to obtain other firearms training through either a valid Florida Criminal Justice
Standards and Training Commission Instructor Certificate, a valid National Rifle Association
Private Security Firearm Certificate, or a valid firearms instructor certificate issued by a federal
law enforcement agency issued within the last three years.
Pertaining to the failure to renew an application on or before the expiration date of the license,
the bill allows the division to set or waive a license renewal late fee by administrative rule. The
late fee may not exceed the amount of the license fee.
Section 3 amends s. 493.6123, F.S., to authorize the department to publish licensure newsletters
and pamphlets online in lieu of using a paper format.
Sections 4 and 5 amend ss. 493.6304 and 493.6406, F.S., respectively, to remove the applicant’s
requirement to complete the application under oath.
Charitable Organization Fees (Sections 6 & 7)
Present Situation
18
Section 493.6123(1), F.S.
19
See 18 U.S.C., ss. 926B-926C.
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Organizations that intend to solicit donations in Florida are required to register with the
department pursuant to the Solicitation of Contributions Act.20 The Act contains basic
registration, financial disclosures, and notification requirements for charitable organizations and
sponsors, fundraising consultants, and solicitors.
Every charitable organization, sponsor,21 or parent organization22 must pay a single registration
fee as follows:
 $10 if the contributions received for the last fiscal year were less than $5,000 or if the
contributions actually raised or received from the public during the immediately preceding
fiscal year by the organization or sponsor are no more than $25,000, and the fundraising
activities are carried on by certain entities who are not compensated;
 $75 if the contributions received for the last fiscal year were $5,000 or more, but less than
$100,000;
 $125 if the contributions received for the last fiscal year were $100,000 or more but less than
$200,000;
 $200 if the contributions received for the last fiscal year were $200,000 or more but less than
$500,000;
 $300 if the contributions received for the last fiscal year were $500,000 or more but less than
$1 million;
 $350 if the contributions received for the last fiscal year were $1,000,000 or more but less
than $10,000,000; and
 $400 if the contributions received for the last fiscal year were $10,000,000 or more.23
Certain persons and organizations are exempt from these registration fees and requirements
including a charitable organization that has less than $25,000 in total revenue so long as they did
not employ professional solicitors or have paid employees.24
Effect of Proposed Changes
Section 6 amends s. 496.405, F.S., to reduce the registration fees from $75 per year to $10 per
year for certain charities receiving $50,000 or less in contributions. Currently, the threshold is
$25,000.
Section 7 amends s. 496.406, F.S., to exempt from registration certain charities receiving
$50,000 or less in total annual revenues. Currently, the threshold is $25,000.
20
Section 496.401, F.S.
21
Section 496.404(25), F.S., defines a “sponsor” as a group or person who holds herself or himself out to be soliciting
contributions by the use of a name that implies the group or person is in any way affiliated with r organized for the benefit of
emergency service employees or law enforcement officers and the group or person is not a charitable organization.
22
Section 496.404(18), F.S. defines a “parent organization” as part of a charitable organization or sponsor that coordinates,
supervises, or exercises control over policy, fundraising, and expenditures or assists or advises one or more of the
organization’s chapters, branches, or affiliates in Florida.
23
Section 496.405(4)(a), F.S.
24
Section 496.406(1)(d), F.S.
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Liquefied Petroleum Gas (Section 8)
Present Situation
The department regulates the licensing, inspection and training requirements relating to the
liquefied petroleum gas (LPG) industry.25 Section 527.01, F.S., provides definitions for
numerous LPG license categories.
Effect of Proposed Changes
Section 8 amends s. 527.01, F.S., to clarify that a “Category I liquefied petroleum gas dealer”
includes any person who designs the apparatus, piping, tubing, appliances, and equipment for the
use of liquefied petroleum or natural gas.
The term “Category V LP gas installer” is also revised to include a person whose services
include the design of apparatus, piping, tubing, tanks, and