Florida Senate - 2011                                    SB 2076
       
       
       
       By the Committee on Agriculture
       
       
       
       
       575-03172-11                                          20112076__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending s. 14.24, F.S.; deleting
    4         provisions related to per diem and travel expenses for
    5         members of the Florida Commission on the Status of
    6         Women; amending s. 20.14, F.S.; deleting the Division
    7         of Dairy within the Department of Agriculture and
    8         Consumer Services; amending s. 215.981, F.S.;
    9         exempting certain direct-support organizations and
   10         citizen support organizations for the Department of
   11         Agriculture and Consumer Services from obtaining an
   12         independent audit; amending s. 253.02, F.S.; providing
   13         for the grantee of easements for electrical
   14         transmission to pay the lead manager of the state
   15         owned lands or, when there is no lead manager, the
   16         Department of Environmental Protection if suitable
   17         replacement uplands cannot be identified; amending s.
   18         261.04, F.S.; deleting provisions related to per diem
   19         and travel expenses for members of the Off-Highway
   20         Vehicle Recreation Advisory Committee within the
   21         Division of Forestry; repealing s. 472.007(5), F.S.,
   22         relating to per diem and travel expenses of a member
   23         or former member of a Board of Professional Surveyors
   24         and Mappers; amending s. 482.051, F.S.; providing rule
   25         changes that allow operators to provide certain
   26         emergency notice to the Department of Agriculture and
   27         Consumer Services by facsimile or electronic means;
   28         amending s. 482.071, F.S.; increasing the minimum
   29         insurance coverage for bodily injury and property
   30         damage required for pest control businesses; creating
   31         s. 482.072, F.S.; providing for licensure by the
   32         department of pest control customer contact centers;
   33         providing application requirements; providing for
   34         fees, licensure renewal, penalties, licensure
   35         expiration, and transfer of licenses; requiring the
   36         department to adopt rules; providing for disciplinary
   37         action; creating s. 482.157, F.S.; providing for the
   38         certification of commercial wildlife trappers;
   39         providing requirements for certification, examination,
   40         and fees; limiting the scope of work permitted by
   41         certificate holders; clarifying that
   42         certificateholders who practice accepted pest control
   43         methods are immune from liability for violating laws
   44         prohibiting cruelty to animals; providing that the
   45         provisions of s. 482.157, F.S. do not exempt any
   46         person from the rules, orders, or regulations of the
   47         Florida Fish and Wildlife Conservation Commission;
   48         amending s. 482.226, F.S.; increasing the minimum
   49         financial responsibility requirements for licensees
   50         that perform wood-destroying organism inspections;
   51         amending s. 482.243, F.S.; deleting provisions
   52         relating to reimbursement for expenses for members of
   53         the Pest Control Enforcement Advisory Council within
   54         the department; amending s. 487.041, F.S.; providing
   55         that registration, supplemental, and late fees related
   56         to the registration of pesticide brands with the
   57         department are nonrefundable; providing requirements
   58         for label revisions of pesticide brands; providing
   59         requirements for label revisions that must be reviewed
   60         by the United States Environmental Protection Agency;
   61         requiring payments of pesticide registration fees to
   62         be submitted electronically; amending s. 487.0615,
   63         F.S.; deleting reference relating to per diem and
   64         travel for the Pesticide Review Council within the
   65         Department of Agriculture and Consumer Services;
   66         amending s. 500.70, F.S.; requiring certain persons
   67         that produce, harvest, pack, or repack tomatoes to
   68         register each location of a tomato farm, tomato
   69         greenhouse, tomato packinghouse, or tomato repacker by
   70         a specified date on a form prescribed by the
   71         department; requiring the department to set a
   72         registration fee; providing for funds collected to be
   73         deposited into the General Inspection Trust Fund;
   74         amending s. 527.22, F.S.; deleting provisions relating
   75         to per diem and travel expenses for members of the
   76         Florida Propane Gas Education, Safety, and Research
   77         Council within the department; amending s. 559.9221,
   78         F.S.; deleting provisions relating to per diem and
   79         travel expenses for members of the Motor Vehicle
   80         Repair Advisory Council within the department;
   81         amending s. 570.07, F.S.; revising the powers and
   82         duties of the Department of Agriculture and Consumer
   83         Services regarding pollution control and the
   84         prevention of wildfires; amending s. 570.0705, F.S.;
   85         deleting provisions relating to per diem and travel
   86         expenses for members of any advisory committee that
   87         the Commissioner of Agriculture may appoint; amending
   88         s. 570.074, F.S.; revising the name of the Office of
   89         Water Coordination to the Office of Energy and Water;
   90         amending s. 570.23, F.S.; deleting provisions relating
   91         to per diem and travel expenses for members of the
   92         State Agricultural Advisory Council within the
   93         department; repealing s. 570.29(6), F.S., relating to
   94         the Division of Dairy Industry within the department;
   95         amending s. 570.38, F.S.; deleting provisions relating
   96         to per diem and travel expenses for members of the
   97         Animal Industry Technical Council within the
   98         department; amending s. 570.382, F.S.; deleting
   99         provisions relating to per diem and travel expenses
  100         for members of the Arabian Horse Council within the
  101         department; repealing s. 570.40, F.S., relating to the
  102         powers and duties of the Division of Dairy within the
  103         department; repealing s. 570.41, F.S., relating to the
  104         qualifications and duties of the Director of the
  105         Division of Dairy within the department; amending s.
  106         570.42, F.S.; deleting provisions relating to per diem
  107         and travel expenses for members of the Dairy Industry
  108         Technical Council within the department; amending s.
  109         570.50, F.S.; requiring the Division of Food Safety
  110         within the department to inspect dairy farms and
  111         enforce the provisions of ch. 502, F.S.; requiring the
  112         Division of Food Safety to inspect milk plants, milk
  113         product plants, and plants engaged in the manufacture
  114         and distribution of frozen desserts and frozen dessert
  115         mixes; requiring the Division of Food Safety to
  116         analyze and test samples of milk, milk products,
  117         frozen desserts, and frozen dessert mixes; amending s.
  118         570.543, F.S.; deleting provisions relating to per
  119         diem and travel expenses for members of the Florida
  120         Consumers’ Council within the department; repealing s.
  121         570.954(3), F.S., relating to the requirement that the
  122         Department of Agriculture and Consumer Services
  123         coordinate with and solicit the expertise of the state
  124         energy office when developing the farm-to-fuel
  125         initiative; amending s. 571.28, F.S.; deleting
  126         provisions relating to per diem and travel expenses
  127         for members of the Florida Agricultural Promotional
  128         Campaign Advisory Council within the department;
  129         amending s. 573.112, F.S.; deleting provisions
  130         relating to per diem and travel expenses for members
  131         of the advisory council that administers the marketing
  132         order that is issued to the department; amending s.
  133         576.091, F.S.; deleting provisions relating to per
  134         diem and travel expenses for members of the Fertilizer
  135         Technical Council within the department; amending s.
  136         580.151, F.S.; deleting provisions relating to per
  137         diem and travel expenses for members of the Commercial
  138         Feed Technical Council within the department; amending
  139         s. 581.186, F.S.; deleting provisions relating to per
  140         diem and travel expenses for members of the Endangered
  141         Plant Advisory Council within the department; amending
  142         s. 586.161, F.S.; deleting provisions relating to per
  143         diem and travel expenses for members of the Honeybee
  144         Technical Council within the department; amending s.
  145         589.101, F.S.; authorizing the Department of
  146         Agriculture and Consumer Services to lease gas, oil,
  147         and other mineral interests of lands leased to the
  148         department; authorizing the Board of Trustees of the
  149         Internal Improvement Trust Fund to review proposed
  150         leases; amending s. 590.015, F.S.; defining the term
  151         “department,” “open burning,” and “broadcast burning”
  152         as they relate to forest protection; redefining the
  153         term “fire management services”; amending s. 590.02,
  154         F.S.; renaming the Division of Forestry to the Florida
  155         Forest Services; conforming terminology to changes
  156         made by the act; authorizing forest-operations
  157         administrators to be certified as forestry
  158         firefighters; providing the status of Selected Exempt
  159         Service to an aviation manager and a training
  160         coordinator for the Florida Forest Service;
  161         authorizing the department to have exclusive authority
  162         over the Florida Building Code as it pertains to
  163         wildfire and law enforcement facilities under the
  164         jurisdiction of the department; authorizing the
  165         department to retain, transfer, warehouse, bid,
  166         destroy, scrap or dispose of surplus equipment and
  167         vehicles used for wildland firefighting; authorizing
  168         the department to retain any moneys received from the
  169         disposition of state-owned equipment and vehicles used
  170         for wildland firefighting; providing that moneys
  171         received may be used for the acquisition of exchange
  172         and surplus equipment used for wildland firefighting
  173         and all necessary operating expenditures related to
  174         the equipment; requiring the department to maintain
  175         records of the accounts into which the money is
  176         deposited; giving the Florida Forest Service exclusive
  177         authority to require and issue authorizations for
  178         broadcast burning, agricultural pile burning, and
  179         silvicultural pile burning; preempting other
  180         governmental entities from adopting laws, rules, or
  181         policies pertaining to broadcast burning, agricultural
  182         pile burning, or silvicultural pile burning unless an
  183         emergency order has been declared; authorizing the
  184         department to delegate its authority to a county or
  185         municipality to issue authorizations for the burning
  186         of yard trash and debris from land clearing
  187         operations; amending s. 590.125, F.S.; defining and
  188         redefining terms relating to open-burning
  189         authorizations by the Florida Forest Services;
  190         specifying purposes of certified prescribed burning;
  191         requiring the authorization of the Florida Forest
  192         Service for certified pile burning; providing pile
  193         burning requirements; limiting the liability of
  194         property owners or agents engaged in pile burning;
  195         providing penalties for violations by certified pile
  196         burners; requiring the Florida Forest Service to adopt
  197         rules to regulate certified pile burning; revising
  198         notice requirements for wildfire hazard reduction
  199         treatments; providing for approval of local
  200         governments’ open-burning-authorization programs;
  201         providing program requirements; authorizing the
  202         Florida Forest Service to resume administration of a
  203         local government’s program under certain
  204         circumstances; providing penalties for violations of
  205         local government’s open-burning requirements; amending
  206         s. 590.14, F.S.; authorizing an employee of the
  207         Florida Forest Service to issue a notice of violation
  208         for any rule adopted by the Florida Forest Service;
  209         authorizing the department to impose an administrative
  210         fine for a violation of any rule adopted by the
  211         Florida Forest Service; providing a criminal penalty;
  212         providing legislative intent; repealing s. 597.005(4),
  213         F.S., deleting provisions relating to per diem and
  214         travel expenses for members of the Aquaculture Review
  215         Council within the department; amending s. 599.002,
  216         F.S.; deleting provisions relating to per diem and
  217         travel expenses for members of the Viticulture
  218         Advisory Council within the department; amending s.
  219         616.252, F.S.; providing for the appointment of a
  220         youth member to serve on the Florida State Fair
  221         Authority as a nonvoting member; providing a term of
  222         service for the youth member of the Florida State Fair
  223         Authority; prohibiting reimbursement for travel
  224         expenses for members of the Florida State Fair
  225         Authority; excluding the youth member from
  226         compensation for special or full-time service
  227         performed on behalf of the authority; amending s.
  228         812.014, F.S.; providing that it is a grand theft of
  229         the third degree and a felony of the third degree if
  230         bee colonies of a registered bee keeper are stolen;
  231         amending s. 812.015, F.S.; redefining the term
  232         “farmer” as it relates to a person who grows or
  233         produces honey; redefining the term “farm theft” to
  234         include the unlawful taking possession of equipment
  235         and associated materials used to grow or produce farm
  236         products; providing an effective date.
  237  
  238  Be It Enacted by the Legislature of the State of Florida:
  239  
  240         Section 1. Subsection (3) of section 14.24, Florida
  241  Statutes, is amended to read:
  242         14.24 Florida Commission on the Status of Women.—
  243         (3) Members of the commission shall serve without
  244  compensation, but shall be reimbursed for per diem and travel
  245  expenses in accordance with s. 112.061.
  246         Section 2. Subsection (2) of section 20.14, Florida
  247  Statutes, is amended to read:
  248         20.14 Department of Agriculture and Consumer Services.
  249  There is created a Department of Agriculture and Consumer
  250  Services.
  251         (2) The following divisions of the Department of
  252  Agriculture and Consumer Services are established:
  253         (a) Administration.
  254         (b) Agricultural Environmental Services.
  255         (c) Animal Industry.
  256         (d) Aquaculture.
  257         (e) Consumer Services.
  258         (f) Dairy Industry.
  259         (f)(g) Food Safety.
  260         (g)(h) Forestry.
  261         (h)(i) Fruit and Vegetables.
  262         (i)(j) Licensing.
  263         (j)(k) Marketing and Development.
  264         (k)(l) Plant Industry.
  265         (l)(m) Standards.
  266         Section 3. Subsection (2) of section 215.981, Florida
  267  Statutes, is amended to read:
  268         215.981 Audits of state agency direct-support organizations
  269  and citizen support organizations.—
  270         (2) Notwithstanding the provisions of subsection (1),
  271  direct-support organizations and citizen support organizations
  272  for the Department of Environmental Protection or direct-support
  273  organizations and citizen support organizations for the
  274  Department of Agriculture and Consumer Services which that are
  275  not for profit and which that have annual expenditures of less
  276  than $300,000 are not required to have an independent audit. The
  277  department shall establish accounting and financial management
  278  guidelines for those organizations under the department’s
  279  jurisdiction. Each year, the department shall conduct
  280  operational and financial reviews of a selected number of
  281  direct-support organizations or citizen support organizations
  282  which fall below the audit threshold established in this
  283  subsection.
  284         Section 4. Paragraph (b) of subsection (2) of section
  285  253.02, Florida Statutes, is amended to read:
  286         253.02 Board of trustees; powers and duties.—
  287         (2)
  288         (b) The authority of the board of trustees to grant
  289  easements for rights-of-way over, across, and upon uplands the
  290  title to which is vested in the board of trustees for the
  291  construction and operation of electric transmission and
  292  distribution facilities and related appurtenances is hereby
  293  confirmed. The board of trustees may delegate to the Secretary
  294  of Environmental Protection the authority to grant such
  295  easements on its behalf. All easements for rights-of-way over,
  296  across, and upon uplands the title to which is vested in the
  297  board of trustees for the construction and operation of electric
  298  transmission and distribution facilities and related
  299  appurtenances which are approved by the Secretary of
  300  Environmental Protection pursuant to the authority delegated by
  301  the board of trustees shall meet the following criteria:
  302         1. Such easements shall not prevent the use of the state
  303  owned uplands adjacent to the easement area for the purposes for
  304  which such lands were acquired and shall not unreasonably
  305  diminish the ecological, conservation, or recreational values of
  306  the state-owned uplands adjacent to the easement area.
  307         2. There is no practical and prudent alternative to
  308  locating the linear facility and related appurtenances on state
  309  owned upland. For purposes of this subparagraph, the test of
  310  practicality and prudence shall compare the social, economic,
  311  and environmental effects of the alternatives.
  312         3. Appropriate steps are taken to minimize the impacts to
  313  state-owned uplands. Such steps may include:
  314         a. Siting of facilities so as to reduce impacts and
  315  minimize fragmentation of the overall state-owned parcel;
  316         b. Avoiding significant wildlife habitat, wetlands, or
  317  other valuable natural resources to the maximum extent
  318  practicable; or
  319         c. Avoiding interference with active land management
  320  practices, such as prescribed burning.
  321         4. Except for easements granted as a part of a land
  322  exchange to accomplish a recreational or conservation benefit or
  323  other public purpose, in exchange for such easements, the
  324  grantee pays an amount equal to the market value of the interest
  325  acquired. In addition, for the initial grant of such easements
  326  only, the grantee shall provide additional compensation by
  327  vesting in the board of trustees fee simple title to other
  328  available uplands that are 1.5 times the size of the easement
  329  acquired by the grantee. The Secretary of Environmental
  330  Protection shall approve the property to be acquired on behalf
  331  of the board of trustees based on the geographic location in
  332  relation to the land proposed to be under easement and a
  333  determination that economic, ecological, and recreational value
  334  is at least equivalent to the value of the lands under proposed
  335  easement. Priority for replacement uplands shall be given to
  336  parcels identified as inholdings and additions to public lands
  337  and lands on a Florida Forever land acquisition list. However,
  338  if suitable replacement uplands cannot be identified, the
  339  grantee shall provide additional compensation for the initial
  340  grant of such easements only by paying to the lead manager of
  341  the state-owned lands or, when there is no lead manager, by
  342  paying to the department an amount equal to two times the
  343  current market value of the state-owned land or the highest and
  344  best use value at the time of purchase, whichever is greater.
  345  When determining such use of funds, priority shall be given to
  346  parcels identified as inholdings and additions to public lands
  347  and lands on a Florida Forever land acquisition list.
  348         Section 5. Subsection (5) of section 261.04, Florida
  349  Statutes, is amended to read:
  350         261.04 Off-Highway Vehicle Recreation Advisory Committee;
  351  members; appointment.—
  352         (5) The members of the advisory committee shall serve
  353  without compensation, but shall be reimbursed for travel and per
  354  diem expenses as provided in s. 112.061, while in the
  355  performance of their official duties.
  356         Section 6. Subsection (5) of section 472.007, Florida
  357  Statutes, is repealed.
  358         Section 7. Subsection (4) of section 482.051, Florida
  359  Statutes, is amended to read:
  360         482.051 Rules.—The department has authority to adopt rules
  361  pursuant to ss. 120.536(1) and 120.54 to implement the
  362  provisions of this chapter. Prior to proposing the adoption of a
  363  rule, the department shall counsel with members of the pest
  364  control industry concerning the proposed rule. The department
  365  shall adopt rules for the protection of the health, safety, and
  366  welfare of pest control employees and the general public which
  367  require:
  368         (4) That a licensee, before performing general fumigation,
  369  notify in writing the department inspector having jurisdiction
  370  over the location where the fumigation is to be performed, which
  371  notice must be received by the department inspector at least 24
  372  hours in advance of the fumigation and must contain such
  373  information as the department requires. However, in an authentic
  374  and verifiable emergency, when 24 hours’ advance notification is
  375  not possible, advance telephone, facsimile, or any form of
  376  acceptable electronic communication telegraph notice may be
  377  given; but such notice must be immediately followed by written
  378  confirmation providing the required information.
  379         Section 8. Subsection (4) of section 482.071, Florida
  380  Statutes, is amended to read:
  381         482.071 Licenses.—
  382         (4) A licensee may not operate a pest control business
  383  without carrying the required insurance coverage. Each person
  384  making application for a pest control business license or
  385  renewal thereof must furnish to the department a certificate of
  386  insurance that meets the requirements for minimum financial
  387  responsibility for bodily injury and property damage consisting
  388  of:
  389         (a) Bodily injury: $250,000 $100,000 each person and
  390  $500,000 $300,000 each occurrence; and property damage: $250,000
  391  $50,000 each occurrence and $500,000 $100,000 in the aggregate;
  392  or
  393         (b) Combined single-limit coverage: $500,000 $400,000 in
  394  the aggregate.
  395         Section 9. Section 482.072, Florida Statutes, is created to
  396  read:
  397         482.072Pest control customer contact centers.—
  398         (1) The department may issue a license to a qualified
  399  business to operate a customer contact center to solicit pest
  400  control business, or to provide services to customers for one or
  401  more business locations licensed under s. 482.071. A person may
  402  not operate a customer contact center for a pest control
  403  business that is not licensed by the department.
  404         (2)(a) Before operating a customer contact center, and
  405  biennially thereafter, on or before an anniversary date set by
  406  the department for the location of a licensed customer contact
  407  center, the pest control business shall apply to the department
  408  for a license under this chapter, or a renewal thereof, for each
  409  location of a customer contact center. An application must be
  410  submitted in the format prescribed by the department.
  411         (b) The department shall establish a fee for the issuance
  412  of a license for a customer contact center of at least $600, but
  413  not more than $1,000, and a renewal fee of at least $600, but
  414  not more than $1,000, for a license for a customer contact
  415  center. However, until rules for renewal fees are adopted, the
  416  initial licensing fee and renewal fee are each $600. The
  417  department shall establish a grace period, not to exceed 30
  418  calendar days after the license’s anniversary renewal date, and
  419  shall assess a late fee of $150, in addition to the renewal fee,
  420  for a license that is renewed after the grace period.
  421         (c) A license automatically expires 60 calendar days after
  422  the anniversary renewal date unless the license is renewed
  423  before that date. When a license expires, it may be reinstated
  424  only upon reapplication and payment of the license renewal fee
  425  and a late renewal fee.
  426         (d) A license automatically expires if a licensee changes
  427  the address of the location of its customer contact center for a
  428  pest control business. The department shall issue a new license
  429  upon payment of a $250 fee. The new license automatically
  430  expires 60 calendar days after the anniversary renewal date of
  431  the former license unless the license is renewed before that
  432  date.
  433         (e) The department may not issue or renew a license to
  434  operate a customer contact center unless the licensee for the
  435  pest control business for which the center solicits business is
  436  owned in common by a person or business entity recognized by
  437  this state.
  438         (f) The department may deny a license or refuse to renew a
  439  license if the applicant or licensee, or one or more of the
  440  applicant’s or licensee’s directors, officers, owners, or
  441  general partners, are or have been directors, officers, owners,
  442  or general partners of a pest control business that meets the
  443  conditions in s. 482.071(2)(g).
  444         (g) Sections 482.091 and 482.152 do not apply to a person
  445  who solicits pest control services or provides customer service
  446  in a licensed customer contact center unless the person performs
  447  the pest control work as defined in s. 482.021(22)(a)-(d),
  448  executes a pest control contract, or accepts remuneration for
  449  such work.
  450         (h) Section 482.071(2)(e) does not apply to a license
  451  issued under this section.
  452         (3)(a) The department shall adopt rules establishing
  453  requirements and procedures for recordkeeping and monitoring the
  454  operations of a customer contact center to ensure compliance
  455  with this section and the rules adopted in accordance with this
  456  section.
  457         (b) Notwithstanding any other provision in this section:
  458         1. A licensee of a customer contact center is subject to
  459  disciplinary action under s. 482.161 for a violation of this
  460  section or adopted rule which is committed by a person who
  461  solicits pest control services or provides customer service in a
  462  customer contact center.
  463         2. A licensee of a pest control business may be subject to
  464  disciplinary action under s. 482.161 for a violation that is
  465  committed by a person who solicits pest control services or
  466  provides customer service in a customer contact center operated
  467  by a licensee if the licensee participates in the violation.
  468         Section 10. Section 482.157, Florida Statutes, is created
  469  to read:
  470         482.157Limited certification for commercial wildlife
  471  management personnel.—
  472         (1) The department shall establish a limited certificate
  473  that authorizes a person who engages in the commercial trapping
  474  of wildlife to use nonchemical methods, including traps, glue
  475  boards, mechanical or electronic devices, or exclusionary
  476  techniques to control rodents as defined in s. 482.021(23).
  477         (2) A person that seeks a limited certificate under this
  478  section is required to pass an examination given by the
  479  department. Each application for examination must be accompanied
  480  by an examination fee set by rule of the department, in an
  481  amount not to exceed $300 but must be at least $150. The
  482  department shall provide the appropriate reference materials for
  483  the examination and make the examination readily available to
  484  applicants at least quarterly or as necessary in each county.
  485  Before the department issues a limited certification under this
  486  section, each person that applies for the certification shall
  487  furnish proof of having a certificate of insurance which states
  488  that the person’s employer meets the requirements for minimum
  489  financial responsibility for bodily injury and property damage
  490  required by s. 482.071(4).
  491         (3) An application for recertification must be made
  492  annually and be accompanied by a recertification fee not to
  493  exceed $150, but must be at least $75, as established by rule.
  494  The application also must be accompanied by proof of completion
  495  of the required four classroom hours of acceptable continuing
  496  education and the required proof of insurance. After a grace
  497  period not exceeding 30 calendar days after the recertification
  498  renewal date, the department shall assess a late fee of $50 in
  499  addition to the renewal fee. A certificate automatically expires
  500  180 days after the recertification date if the renewal fee has
  501  not been paid. After expiration, the department shall issue a
  502  new certificate if the applicant successfully passes the
  503  examination and pays the examination fee and late fee.
  504         (4) Certification under this section does not authorize:
  505         (a) The use of pesticides or chemical substances, other
  506  than adhesive materials, to control rodents or other nuisance
  507  wildlife in, on, or under structures;
  508         (b) Operation of a pest control business; or
  509         (c) Supervision of an uncertified person using nonchemical
  510  methods to control rodents.
  511         (5) A person who is certified under this section and
  512  practices accepted methods of pest control is immune from
  513  liability under s. 828.12.
  514         (6) The provisions of this section do not exempt any person
  515  from the rules, orders, or regulations of the Florida Fish and
  516  Wildlife Conservation Commission.
  517         Section 11. Subsection (6) of section 482.226, Florida
  518  Statutes, is amended to read:
  519         482.226 Wood-destroying organism inspection report; notice
  520  of inspection or treatment; financial responsibility.—
  521         (6) Any licensee that performs wood-destroying organism
  522  inspections in accordance with subsection (1) must meet minimum
  523  financial responsibility in the form of errors and omissions
  524  (professional liability) insurance coverage or bond in an amount
  525  no less than $500,000 $50,000 in the aggregate and $250,000
  526  $25,000 per occurrence, or demonstrate that the licensee has
  527  equity or net worth of no less than $500,000 $100,000 as
  528  determined by generally accepted accounting principles
  529  substantiated by a certified public accountant’s review or
  530  certified audit. The licensee must show proof of meeting this
  531  requirement at the time of license application or renewal
  532  thereof.
  533         Section 12. Subsection (6) of section 482.243, Florida
  534  Statutes, is amended to read:
  535         482.243 Pest Control Enforcement Advisory Council.—
  536         (6) The meetings, powers and duties, procedures, and
  537  recordkeeping, and reimbursement of expenses of members of the
  538  council shall be in accordance with the provisions of s.
  539  570.0705 relating to advisory committees established within the
  540  department.
  541         Section 13. Paragraph (a) of subsection (1) of section
  542  487.041, Florida Statutes, is amended, and paragraphs (h), (i),
  543  and (j) are added to that subsection, to read:
  544         487.041 Registration.—
  545         (1)(a) Effective January 1, 2009, each brand of pesticide,
  546  as defined in s. 487.021, which is distributed, sold, or offered
  547  for sale, except as provided in this section, within this state
  548  or delivered for transportation or transported in intrastate
  549  commerce or between points within this state through any point
  550  outside this state must be registered in the office of the
  551  department, and such registration shall be renewed biennially.
  552  Emergency exemptions from registration may be authorized in
  553  accordance with the rules of the department. The registrant
  554  shall file with the department a statement including:
  555         1. The name, business mailing address, and street address
  556  of the registrant.
  557         2. The name of the brand of pesticide.
  558         3. An ingredient statement and a complete, current copy of
  559  the label labeling accompanying the brand of the pesticide,
  560  which must conform to the registration, and a statement of all
  561  claims to be made for it, including directions for use and a
  562  guaranteed analysis showing the names and percentages by weight
  563  of each active ingredient, the total percentage of inert
  564  ingredients, and the names and percentages by weight of each
  565  “added ingredient.”
  566         (h) All registration fees, including supplemental fees and
  567  late fees, are nonrefundable.
  568         (i) For any currently registered pesticide product brand
  569  that undergoes label revision during the registration period,
  570  the registrant shall submit to the department a copy of the
  571  revised label along with the cover letter detailing changes
  572  before the sale or distribution of a product brand with the
  573  revised label in this state. If the label revisions require
  574  notification of an amendment review by the United States
  575  Environmental Protection Agency, the registrant shall submit an
  576  additional copy of the label marked to identify those revisions.
  577         (j) Effective January 1, 2013, all payments of any
  578  pesticide-registration fees, including supplemental fees and
  579  late fees, shall be submitted electronically using the
  580  department’s website to register a brand of a pesticide product.
  581         Section 14. Subsection (5) of section 487.0615, Florida
  582  Statutes, is amended to read:
  583         487.0615 Pesticide Review Council.—
  584         (5) Members of the council shall receive no compensation
  585  for their services, but are entitled to be reimbursed for per
  586  diem and travel expenses as provided in s. 112.061.
  587         Section 15. Subsection (7) is added to section 500.70,
  588  Florida Statutes, to read:
  589         500.70 Tomato food safety standards; inspections;
  590  penalties; tomato good agricultural practices; tomato best
  591  management practices.—
  592         (7) Any person who produces, harvests, packs, or repacks
  593  tomatoes in this state and does not hold a food permit issued
  594  under s. 500.12, shall annually register each location of a
  595  tomato farm, tomato greenhouse, tomato packinghouse, or tomato
  596  repacker by August 1 on a form prescribed by the department. Any
  597  person who produces, harvests, packs, or repacks tomatoes at
  598  more than one location may submit one registration for all such
  599  locations, but must provide the physical address of each
  600  location. The department may set by rule an annual registration
  601  fee not to exceed $500. The money collected from the
  602  registration fee payments shall be deposited into the General
  603  Inspection Trust Fund.
  604         Section 16. Subsection (5) of section 527.22, Florida
  605  Statutes, is amended to read:
  606         527.22 Florida Propane Gas Education, Safety, and Research
  607  Council established; membership; duties and responsibilities.—
  608         (5) Council members shall receive no compensation or
  609  honorarium for their services, and are authorized to receive
  610  only per diem and reimbursement for travel expenses as provided
  611  in s. 112.061.
  612         Section 17. Subsection (3) of section 559.9221, Florida
  613  Statutes, is amended to read:
  614         559.9221 Motor Vehicle Repair Advisory Council.—The Motor
  615  Vehicle Repair Advisory Council is created to advise and assist
  616  the department in carrying out this part.
  617         (3) The members of the council shall receive no
  618  compensation for their services, except that they may receive
  619  per diem and travel expenses as provided in s. 112.061.
  620         Section 18. Subsection (28) of section 570.07, Florida
  621  Statutes, is amended to read:
  622         570.07 Department of Agriculture and Consumer Services;
  623  functions, powers, and duties.—The department shall have and
  624  exercise the following functions, powers, and duties:
  625         (28) For the purpose of pollution control and the
  626  prevention of wildfires purposes, to regulate open burning
  627  connected with rural land-clearing, agricultural, or forestry
  628  operations, except fires for cold or frost protection.
  629         Section 19. Subsection (9) of section 570.0705, Florida
  630  Statutes, is amended to read:
  631         570.0705 Advisory committees.—From time to time the
  632  commissioner may appoint any advisory committee to assist the
  633  department with its duties and responsibilities.
  634         (9) Members of each advisory committee shall receive no
  635  compensation for their services, but shall be entitled to
  636  reimbursement for per diem and travel expenses as provided in s.
  637  112.061.
  638         Section 20. Section 570.074, Florida Statutes, is amended
  639  to read:
  640         570.074 Department of Agriculture and Consumer Services;
  641  energy and water policy coordination.—The commissioner may
  642  create an Office of Energy and Water Coordination under the
  643  supervision of a senior manager exempt under s. 110.205 in the
  644  Senior Management Service. The commissioner may designate the
  645  bureaus and positions in the various organizational divisions of
  646  the department which that report to this office relating to any
  647  matter over which the department has jurisdiction in matters
  648  relating to energy and water policy affecting agriculture,
  649  application of such policies, and coordination of such matters
  650  with state and federal agencies.
  651         Section 21. Subsection (2) of section 570.23, Florida
  652  Statutes, is amended to read:
  653         570.23 State Agricultural Advisory Council.—
  654         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
  655  COMPENSATION.—The meetings, powers and duties, procedures, and
  656  recordkeeping of the State Agricultural Advisory Council, and
  657  per diem and reimbursement of expenses of council members, shall
  658  be governed by the provisions of s. 570.0705 relating to
  659  advisory committees established within the department.
  660         Section 22. Subsection (6) of section 570.29, Florida
  661  Statutes, is repealed.
  662         Section 23. Subsection (2) of section 570.38, Florida
  663  Statutes, is amended to read:
  664         570.38 Animal Industry Technical Council.—
  665         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
  666  COMPENSATION.—The meetings, powers and duties, procedures, and
  667  recordkeeping of the Animal Industry Technical Council, and per
  668  diem and reimbursement of expenses of council members, shall be
  669  governed by the provisions of s. 570.0705 relating to advisory
  670  committees established within the department.
  671         Section 24. Paragraph (d) of subsection (3) of section
  672  570.382, Florida Statutes, is amended to read:
  673         570.382 Arabian horse racing; breeders’ and stallion
  674  awards; Arabian Horse Council; horse registration fees; Florida
  675  Arabian Horse Racing Promotion Account.—
  676         (3) ARABIAN HORSE COUNCIL.—
  677         (d) Members of the council shall receive no compensation
  678  for their services, except that they shall receive per diem and
  679  travel expenses as provided in s. 112.061 when actually engaged
  680  in the business of the council.
  681         Section 25. Section 570.40, Florida Statutes, is repealed.
  682         Section 26. Section 570.41, Florida Statutes, is repealed.
  683         Section 27. Subsection (2) of section 570.42, Florida
  684  Statutes, is amended to read:
  685         570.42 Dairy Industry Technical Council.—
  686         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
  687  COMPENSATION.—The meetings, powers and duties, procedures, and
  688  recordkeeping of the Dairy Industry Technical Council, and per
  689  diem and reimbursement of expenses of council members, shall be
  690  governed by the provisions of s. 570.0705 relating to advisory
  691  committees established within the department.
  692         Section 28. Subsections (6) and (7) are added to section
  693  570.50, Florida Statutes, to read:
  694         570.50 Division of Food Safety; powers and duties.—The
  695  duties of the Division of Food Safety include, but are not
  696  limited to:
  697         (6) Inspecting dairy farms of the state, enforcing those
  698  provisions of chapter 502 which are authorized by the department
  699  and related to the supervision of milking operations, and
  700  enforcing rules adopted under such provisions.
  701         (7) Inspecting milk plants, milk product plants, and plants
  702  engaged in the manufacture and distribution of frozen desserts
  703  and frozen dessert mixes; analyzing and testing samples of milk,
  704  milk products, frozen desserts, and frozen dessert mixes
  705  collected by it; and enforcing those provisions of chapters 502
  706  and 503 which are authorized by the department.
  707         Section 29. Subsection (2) of section 570.543, Florida
  708  Statutes, is amended to read:
  709         570.543 Florida Consumers’ Council.—The Florida Consumers’
  710  Council in the department is created to advise and assist the
  711  department in carrying out its duties.
  712         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
  713  COMPENSATION.—The meetings, powers and duties, procedures, and
  714  recordkeeping of the Florida Consumers’ Council, and per diem
  715  and reimbursement of expenses of council members, shall be
  716  governed by the provisions of s. 570.0705 relating to advisory
  717  committees established within the department. The council
  718  members or chair may call no more than two meetings.
  719         Section 30. Subsection (3) of section 570.954, Florida
  720  Statutes, is repealed.
  721         Section 31. Subsection (2) of section 571.28, Florida
  722  Statutes, is amended to read:
  723         571.28 Florida Agricultural Promotional Campaign Advisory
  724  Council.—
  725         (2) MEETINGS; POWERS AND DUTIES; PROCEDURES; RECORDS;
  726  COMPENSATION.—The meetings, powers and duties, procedures, and
  727  recordkeeping of the Florida Agricultural Promotional Campaign
  728  Advisory Council, and per diem and reimbursement of expenses of
  729  council members, shall be governed by the provisions of s.
  730  570.0705 relating to advisory committees established within the
  731  department.
  732         Section 32. Subsection (6) of section 573.112, Florida
  733  Statutes, as amended by section 11 of chapter 2010-227, Laws of
  734  Florida, is amended to read:
  735         573.112 Advisory council.—
  736         (6)  No member or alternate member of the council shall
  737  receive a salary, but shall be reimbursed for travel expenses
  738  while on council business as provided in s. 112.061. The
  739  department may employ necessary personnel, including
  740  professional and technical services personnel, and fix their
  741  compensation and terms of employment and may incur expenses to
  742  be paid from moneys collected as herein provided.
  743         Section 33. Subsection (3) of section 576.091, Florida
  744  Statutes, is amended to read:
  745         576.091 Fertilizer Technical Council.—
  746         (3) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
  747  REIMBURSEMENTS.—The meetings, powers and duties, procedures, and
  748  recordkeeping, and reimbursement of expenses of members and
  749  alternate members of the council shall be in accordance with the
  750  provisions of s. 570.0705 relating to advisory committees
  751  established within the department.
  752         Section 34. Subsection (2) of section 580.151, Florida
  753  Statutes, is amended to read:
  754         580.151 Commercial Feed Technical Council.—
  755         (2) POWERS AND DUTIES; PROCEDURES; RECORDS; COMPENSATION.
  756  The meetings, powers and duties, procedures, and recordkeeping
  757  of the Commercial Feed Technical Council, and per diem and
  758  reimbursement of expenses of council members, shall be governed
  759  by the provisions of s. 570.0705 relating to advisory committees
  760  established within the department.
  761         Section 35. Subsection (2) of section 581.186, Florida
  762  Statutes, is amended to read:
  763         581.186 Endangered Plant Advisory Council; organization;
  764  meetings; powers and duties.—
  765         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
  766  COMPENSATION.—The meetings, powers and duties, procedures, and
  767  recordkeeping of the Endangered Plant Advisory Council, and per
  768  diem and reimbursement of expenses of council members, shall be
  769  governed by the provisions of s. 570.0705 relating to advisory
  770  committees established within the department.
  771         Section 36. Subsection (3) of section 586.161, Florida
  772  Statutes, is amended to read:
  773         586.161 Honeybee Technical Council.—
  774         (3) MEETINGS; POWERS AND DUTIES; PROCEDURES; RECORDS;
  775  COMPENSATION.—The meetings, powers and duties, procedures, and
  776  recordkeeping of the Honeybee Technical Council, and per diem
  777  and reimbursement of expenses of council members, shall be
  778  governed by the provisions of s. 570.0705 relating to advisory
  779  committees established within the department.
  780         Section 37. Section 589.101, Florida Statutes, is amended
  781  to read:
  782         589.101 All land leased to the Department of Agriculture
  783  and Consumer Services Blackwater River State Forest; lease of
  784  board’s interest in gas, oil, and other mineral interests
  785  minerals.—Notwithstanding any provision of law to the contrary
  786  the provisions of ss. 253.51-253.61, the Department of
  787  Agriculture and Consumer Services Division of Forestry is hereby
  788  expressly granted the authority to lease the its 25-percent
  789  interest in oil, gas, and other mineral interests minerals
  790  within the boundaries of lands leased to the Department of
  791  Agriculture and Consumer Services the Blackwater River State
  792  Forest; provided, however, that grants shall be made only to the
  793  lessee or lessees holding the 75-percent interest in said
  794  minerals retained by the United States in its conveyance to this
  795  state. The concurrence of the Board of Trustees of the Internal
  796  Improvement Trust Fund may review leases proposed pursuant to
  797  required by s. 589.10 shall not be necessary under the
  798  provisions of this section.
  799         Section 38. Section 590.015, Florida Statutes, is amended
  800  to read:
  801         590.015 Definitions.—As used in this chapter, the term:
  802         (1) “Broadcast burning” means the burning of agricultural
  803  or natural vegetation by allowing fire to move across a
  804  predetermined area of land, but the term does not include the
  805  burning of vegetative debris that is piled or stacked.
  806         (2)(1) “Department Division” means the Division of Forestry
  807  of the Department of Agriculture and Consumer Services.
  808         (3)(2) “Fire management services” means presuppression
  809  fireline plowing, prescribed burning assistance, contract
  810  prescribed burning, prescribed and wildfire management training,
  811  and other activities associated with prevention, detection, and
  812  suppression of wildfires.
  813         (4)(3) “Fuel reduction” means the application of techniques
  814  that reduce vegetative fuels, and may include prescribed
  815  burning, manual and mechanical clearing, and the use of
  816  herbicides.
  817         (5) “Open burning” means any outdoor fire or open
  818  combustion of material which produces visible emissions.
  819         (6)(4) “Wildfire” means any vegetative fire that threatens
  820  to destroy life, property, or natural resources.
  821         (7)(5) “Wild land” means any public or private managed or
  822  unmanaged forest, urban/interface, pasture or range land,
  823  recreation lands, or any other land at risk of wildfire.
  824         Section 39. Section 590.02, Florida Statutes, is amended to
  825  read:
  826         590.02 Division Powers, authority, and duties of the
  827  Florida Forest Service; liability; building structures; Florida
  828  Center for Wildfire and Forest Resources Management Training.—
  829         (1) The Florida Forest Service division has the following
  830  powers, authority, and duties:
  831         (a) To enforce the provisions of this chapter;
  832         (b) To prevent, detect, suppress, and extinguish wildfires
  833  wherever they may occur on public or private land in this state
  834  and to do all things necessary in the exercise of such powers,
  835  authority, and duties;
  836         (c) To provide firefighting crews, who shall be under the
  837  control and direction of the Florida Forest Service division and
  838  its designated agents;
  839         (d) To appoint center managers, forest area supervisors,
  840  forestry program administrators, a forest protection bureau
  841  chief, a forest protection assistant bureau chief, a field
  842  operations bureau chief, deputy chiefs of field operations,
  843  district managers, forest-operations administrators senior
  844  forest rangers, investigators, forest rangers, firefighter
  845  rotorcraft pilots, and other employees who may, at the Florida
  846  Forest Service’s division’s discretion, be certified as forestry
  847  firefighters pursuant to s. 633.35(4). Other provisions of law
  848  notwithstanding, center managers, district managers, forest
  849  protection assistant bureau chief, aviation manager, training
  850  coordinator for the Florida Forest Service, and deputy chiefs of
  851  field operations shall have Selected Exempt Service status in
  852  the state personnel designation;
  853         (e) To develop a training curriculum for forestry
  854  firefighters which must contain the basic volunteer structural
  855  fire training course approved by the Florida State Fire College
  856  of the Division of State Fire Marshal and a minimum of 250 hours
  857  of wildfire training;
  858         (f) To make rules to accomplish the purposes of this
  859  chapter;
  860         (g) To provide fire management services and emergency
  861  response assistance and to set and charge reasonable fees for
  862  performance of those services. Moneys collected from such fees
  863  shall be deposited into the Incidental Trust Fund of the Florida
  864  Forest Service division; and
  865         (h) To require all state, regional, and local government
  866  agencies operating aircraft in the vicinity of an ongoing
  867  wildfire to operate in compliance with the applicable state
  868  Wildfire Aviation Plan.
  869         (2) Division Employees of the Florida Forest Service, and
  870  the firefighting crews under their control and direction, may
  871  enter upon any lands for the purpose of preventing and
  872  suppressing wildfires and investigating smoke complaints or open
  873  burning not in compliance with authorization and to enforce the
  874  provisions of this chapter.
  875         (3) Employees of the Florida Forest Service division and of
  876  federal, state, and local agencies, and all other persons and
  877  entities that are under contract or agreement with the division
  878  to assist in firefighting operations as well as those entities,
  879  called upon by the Florida Forest Service division to assist in
  880  firefighting may, in the performance of their duties, set
  881  counterfires, remove fences and other obstacles, dig trenches,
  882  cut firelines, use water from public and private sources, and
  883  carry on all other customary activities in the fighting of
  884  wildfires without incurring liability to any person or entity.
  885         (4)(a) The department may build structures, notwithstanding
  886  chapters 216 and 255, not to exceed a cost of $50,000 per
  887  structure from existing resources on forest lands, federal
  888  excess property, and unneeded existing structures. These
  889  structures must meet all applicable building codes.
  890         (b) Notwithstanding s. 553.80(1), the Florida Building Code
  891  as it pertains to wildfire and law enforcement facilities under
  892  the jurisdiction of the department shall be enforced exclusively
  893  by the department.
  894         (5) The Florida Forest Service division shall organize its
  895  operational units to most effectively prevent, detect, and
  896  suppress wildfires, and to that end, may employ the necessary
  897  personnel to manage its activities in each unit. The Florida
  898  Forest Service division may construct lookout towers, roads,
  899  bridges, firelines, and other facilities and may purchase or
  900  fabricate tools, supplies, and equipment for firefighting. The
  901  Florida Forest Service division may reimburse the public and
  902  private entities that it engages to assist in the suppression of
  903  wildfires for their personnel and equipment, including aircraft.
  904         (6) The Florida Forest Service division shall undertake
  905  privatization alternatives for fire prevention activities
  906  including constructing fire lines and conducting prescribed
  907  burns and, where appropriate, entering into agreements or
  908  contracts with the private sector to perform such activities.
  909         (7) The Florida Forest Service division may organize,
  910  staff, equip, and operate the Florida Center for Wildfire and
  911  Forest Resources Management Training. The center shall serve as
  912  a site where fire and forest resource managers can obtain
  913  current knowledge, techniques, skills, and theory as they relate
  914  to their respective disciplines.
  915         (a) The center may establish cooperative efforts involving
  916  federal, state, and local entities; hire appropriate personnel;
  917  and engage others by contract or agreement with or without
  918  compensation to assist in carrying out the training and
  919  operations of the center.
  920         (b) The center shall provide wildfire suppression training
  921  opportunities for rural fire departments, volunteer fire
  922  departments, and other local fire response units.
  923         (c) The center will focus on curriculum related to, but not
  924  limited to, fuel reduction, an incident management system,
  925  prescribed burning certification, multiple-use land management,
  926  water quality, forest health, environmental education, and
  927  wildfire suppression training for structural firefighters.
  928         (d) The center may assess appropriate fees for food,
  929  lodging, travel, course materials, and supplies in order to meet
  930  its operational costs and may grant free meals, room, and
  931  scholarships to persons and other entities in exchange for
  932  instructional assistance.
  933         (e) An advisory committee consisting of the following
  934  individuals or their designees must review program curriculum,
  935  course content, and scheduling: the State Forester Director of
  936  the Florida Forest Service Division of Forestry; the Assistant
  937  State Forester Director of the Florida Forest Service Division
  938  of Forestry; the Director of the School of Forest Resources and
  939  Conservation of the University of Florida; the Director of the
  940  Division of Recreation and Parks of the Department of
  941  Environmental Protection; the Director of the Division of the
  942  State Fire Marshal; the Director of the Florida Chapter of The
  943  Nature Conservancy; the Executive Vice President of the Florida
  944  Forestry Association; the President of the Florida Farm Bureau
  945  Federation; the Executive Director of the Fish and Wildlife
  946  Conservation Commission; the Executive Director of a Water
  947  Management District as appointed by the Commissioner of
  948  Agriculture; the Supervisor of the National Forests in Florida;
  949  the President of the Florida Fire Chief’s Association; and the
  950  Executive Director of the Tall Timbers Research Station.
  951         (8) The Cross City Work Center shall be named the L. Earl
  952  Peterson Forestry Station. This is to honor Mr. L. Earl
  953  Peterson, Florida’s sixth state forester, whose distinguished
  954  career in state government has spanned 44 years, and who is a
  955  native of Dixie County.
  956         (9)(a) Notwithstanding ss. 273.055 and 287.16, the
  957  department may retain, transfer, warehouse, bid, destroy, scrap,
  958  or otherwise dispose of surplus equipment and vehicles that are
  959  used for wildland firefighting.
  960         (b) All money received from the disposition of state-owned
  961  equipment and vehicles that are used for wildland firefighting
  962  shall be retained by the department. Money received pursuant to
  963  this section is appropriated for and may be disbursed for the
  964  acquisition of exchange and surplus equipment used for wildland
  965  firefighting, and for all necessary operating expenditures
  966  related to such equipment, in the same fiscal year and the
  967  fiscal year following the disposition. The department shall
  968  maintain records of the accounts into which the money is
  969  deposited.
  970         (10)(a) The Florida Forest Service has exclusive authority
  971  to require and issue authorizations for broadcast burning,
  972  agricultural pile burning, and silvicultural pile burning. An
  973  agency, commission, department, county, municipality, or other
  974  political subdivision of the state may not adopt laws, rules, or
  975  policies pertaining to broadcast burning, agricultural pile
  976  burning, and silvicultural pile burning unless an emergency
  977  order has been declared in accordance with s. 252.38(3).
  978         (b) The Florida Forest Service may delegate to a county or
  979  municipality its authority, as delegated by the Department of
  980  Environmental Protection pursuant to ss. 403.061(28) and
  981  403.081, to require and issue authorizations for the burning of
  982  yard trash and debris from land-clearing operations in
  983  accordance with s. 590.125(6).
  984         Section 40. Section 590.125, Florida Statutes, is amended
  985  to read:
  986         590.125 Open burning authorized by the Florida Forest
  987  Service division.—
  988         (1) DEFINITIONS.—As used in this section, the term:
  989         (a) “Certified pile burner” means an individual who
  990  successfully completes the Florida Forest Service’s pile burning
  991  certification program and possesses a valid pile burner
  992  certification number. “Prescribed burning” means the controlled
  993  application of fire in accordance with a written prescription
  994  for vegetative fuels under specified environmental conditions
  995  while following appropriate precautionary measures that ensure
  996  that the fire is confined to a predetermined area to accomplish
  997  the planned fire or land-management objectives.
  998         (b) “Certified prescribed burn manager” means an individual
  999  who successfully completes the certified prescribed burning
 1000  certification program of the Florida Forest Service division and
 1001  possesses a valid certification number.
 1002         (c) “Prescription” means a written plan establishing the
 1003  criteria necessary for starting, controlling, and extinguishing
 1004  a prescribed burn.
 1005         (c)(d) “Extinguished” means that no spreading flame for:
 1006         1. Wild land burning or certified prescribed burning, and
 1007  no spreading flames visible flame, smoke, or emissions for
 1008  vegetative land-clearing debris burning, exist.
 1009         2. Vegetative land-clearing debris burning or pile burning,
 1010  and no visible flames exist.
 1011         3. Vegetative land-clearing debris burning or pile burning
 1012  in an area designated as smoke sensitive by the Florida Forest
 1013  Service and no visible flames, smoke, or emissions exist.
 1014         (d) “Land-clearing operation” means the uprooting or
 1015  clearing of vegetation in connection with the construction of
 1016  buildings and rights-of-way, land development, and mineral
 1017  operations. The term does not include the clearing of yard
 1018  trash.
 1019         (e) “Pile burning” means the burning of silvicultural,
 1020  agricultural, or land-clearing and tree-cutting debris
 1021  originating onsite, which is stacked together in a round or
 1022  linear fashion, including, but not limited to, a windrow.
 1023         (f) “Prescribed burning” means the controlled application
 1024  of fire by broadcast burning in accordance with a written
 1025  prescription for vegetative fuels under specified environmental
 1026  conditions while following appropriate precautionary measures
 1027  that ensure that the fire is confined to a predetermined area to
 1028  accomplish the planned fire or land-management objectives.
 1029         (g) “Prescription” means a written plan that establishes
 1030  the criteria necessary for starting, controlling, and
 1031  extinguishing a prescribed burn.
 1032         (h) “Yard trash” means vegetative matter resulting from
 1033  landscaping and yard maintenance operations and other such
 1034  routine property-cleanup activities. The term includes materials
 1035  such as leaves, shrub trimmings, grass clippings, brush, and
 1036  palm fronds.
 1037         (2) NONCERTIFIED BURNING.—
 1038         (a) Persons may be authorized to burn wild land or
 1039  vegetative land-clearing debris in accordance with this
 1040  subsection if:
 1041         1. There is specific consent of the landowner or his or her
 1042  designee;
 1043         2. Authorization has been obtained from the Florida Forest
 1044  Service division or its designated agent before starting the
 1045  burn;
 1046         3. There are adequate firebreaks at the burn site and
 1047  sufficient personnel and firefighting equipment for the control
 1048  of the fire;
 1049         4. The fire remains within the boundary of the authorized
 1050  area;
 1051         5. An authorized person Someone is present at the burn site
 1052  until the fire is extinguished;
 1053         6. The Florida Forest Service division does not cancel the
 1054  authorization; and
 1055         7. The Florida Forest Service division determines that air
 1056  quality and fire danger are favorable for safe burning.
 1057         (b) A person who burns wild land or vegetative land
 1058  clearing debris in a manner that violates any requirement of
 1059  this subsection commits a misdemeanor of the second degree,
 1060  punishable as provided in s. 775.082 or s. 775.083.
 1061         (3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
 1062  PURPOSE.—
 1063         (a) The application of prescribed burning is a land
 1064  management tool that benefits the safety of the public, the
 1065  environment, and the economy of the state. The Legislature finds
 1066  that:
 1067         1. Prescribed burning reduces vegetative fuels within wild
 1068  land areas. Reduction of the fuel load reduces the risk and
 1069  severity of wildfire, thereby reducing the threat of loss of
 1070  life and property, particularly in urban areas.
 1071         2. Most of Florida’s natural communities require periodic
 1072  fire for maintenance of their ecological integrity. Prescribed
 1073  burning is essential to the perpetuation, restoration, and
 1074  management of many plant and animal communities. Significant
 1075  loss of the state’s biological diversity will occur if fire is
 1076  excluded from fire-dependent systems.
 1077         3. Forestland and rangeland constitute significant
 1078  economic, biological, and aesthetic resources of statewide
 1079  importance. Prescribed burning on forestland prepares sites for
 1080  reforestation, removes undesirable competing vegetation,
 1081  expedites nutrient cycling, and controls or eliminates certain
 1082  forest pathogens. On rangeland, prescribed burning improves the
 1083  quality and quantity of herbaceous vegetation necessary for
 1084  livestock production.
 1085         4. The state purchased hundreds of thousands of acres of
 1086  land for parks, preserves, wildlife management areas, forests,
 1087  and other public purposes. The use of prescribed burning for
 1088  management of public lands is essential to maintain the specific
 1089  resource values for which these lands were acquired.
 1090         5. A public education program is necessary to make citizens
 1091  and visitors aware of the public safety, resource, and economic
 1092  benefits of prescribed burning.
 1093         6. Proper training in the use of prescribed burning is
 1094  necessary to ensure maximum benefits and protection for the
 1095  public.
 1096         7. As Florida’s population continues to grow, pressures
 1097  from liability issues and nuisance complaints inhibit the use of
 1098  prescribed burning. Therefore, the division is urged to maximize
 1099  the opportunities for prescribed burning conducted during its
 1100  daytime and nighttime authorization process.
 1101         (b) Certified prescribed burning pertains only to broadcast
 1102  burning for purposes of silviculture, wildland fire hazard
 1103  reduction, wildlife management, ecological maintenance and
 1104  restoration, and range and pasture management. It must be
 1105  conducted in accordance with this subsection and:
 1106         1. May be accomplished only when a certified prescribed
 1107  burn manager is present on site with a copy of the prescription
 1108  from ignition of the burn to its completion.
 1109         2. Requires that a written prescription be prepared before
 1110  receiving authorization to burn from the Florida Forest Service
 1111  division.
 1112         3. Requires that the specific consent of the landowner or
 1113  his or her designee be obtained before requesting an
 1114  authorization.
 1115         4. Requires that an authorization to burn be obtained from
 1116  the Florida Forest Service division before igniting the burn.
 1117         5. Requires that there be adequate firebreaks at the burn
 1118  site and sufficient personnel and firefighting equipment for the
 1119  control of the fire.
 1120         6. Is considered to be in the public interest and does not
 1121  constitute a public or private nuisance when conducted under
 1122  applicable state air pollution statutes and rules.
 1123         7. Is considered to be a property right of the property
 1124  owner if vegetative fuels are burned as required in this
 1125  subsection.
 1126         (c) Neither a property owner nor his or her agent is liable
 1127  pursuant to s. 590.13 for damage or injury caused by the fire or
 1128  resulting smoke or considered to be in violation of subsection
 1129  (2) for burns conducted in accordance with this subsection
 1130  unless gross negligence is proven.
 1131         (d) Any certified burner who violates this section commits
 1132  a misdemeanor of the second degree, punishable as provided in s.
 1133  775.082 or s. 775.083.
 1134         (e) The Florida Forest Service division shall adopt rules
 1135  for the use of prescribed burning and for certifying and
 1136  decertifying certified prescribed burn managers based on their
 1137  past experience, training, and record of compliance with this
 1138  section.
 1139         (4) CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND
 1140  PURPOSE.-
 1141         (a) Certified pile burning pertains to the disposal of
 1142  piled, naturally occurring debris from an agricultural,
 1143  silvicultural, or temporary land-clearing operation. A land
 1144  clearing operation is temporary if it operates for 6 months or
 1145  less. Certified pile burning must be conducted in accordance
 1146  with this subsection, and:
 1147         1. A certified pile burner must ensure, before ignition,
 1148  that the piles are properly placed and that the content of the
 1149  piles is conducive to efficient burning.
 1150         2. A certified pile burner must ensure that the piles are
 1151  properly extinguished no later than 1 hour after sunset. If the
 1152  burn is conducted in an area designated as smoke sensitive by
 1153  the Florida Forest Service, a certified pile burner shall ensure
 1154  that the piles are properly extinguished at least 1 hour before
 1155  sunset.
 1156         3. A written pile burn plan must be prepared before
 1157  receiving authorization from the Florida Forest Service to burn.
 1158         4. The specific consent of the landowner or his or her
 1159  agent must be obtained before requesting authorization to burn.
 1160         5. An authorization to burn must be obtained from the
 1161  Florida Forest Service or its designated agent before igniting
 1162  the burn.
 1163         6. There must be adequate firebreaks and sufficient
 1164  personnel and firefighting equipment at the burn site to control
 1165  the fire.
 1166         (b) If a burn is conducted in accordance with this
 1167  subsection, the property owner and his or her agent are not
 1168  liable under s. 590.13 for damage or injury caused by the fire
 1169  or resulting smoke, and are not in violation of subsection (2),
 1170  unless gross negligence is proven.
 1171         (c) A certified pile burner who violates this section
 1172  commits a misdemeanor of the second degree, punishable as
 1173  provided in s. 775.082 or s. 775.083.
 1174         (d) The Florida Forest Service shall adopt rules regulating
 1175  certified pile burning. The rules shall include procedures and
 1176  criteria for certifying and decertifying certified pile burn
 1177  managers based on past experience, training, and record of
 1178  compliance with this section.
 1179         (5)(4) WILDFIRE HAZARD REDUCTION TREATMENT BY THE FLORIDA
 1180  FOREST SERVICE DIVISION.—The Florida Forest Service division may
 1181  conduct fuel reduction initiatives, including, but not limited
 1182  to, burning and mechanical and chemical treatment, on any area
 1183  of wild land within the state which is reasonably determined to
 1184  be in danger of wildfire in accordance with the following
 1185  procedures:
 1186         (a) Describe the areas that will receive fuels treatment to
 1187  the affected local governmental entity.
 1188         (b) Publish a treatment notice, including a description of
 1189  the area to be treated, in a conspicuous manner in at least one
 1190  newspaper of general circulation in the area of the treatment
 1191  not less than 10 days before the treatment.
 1192         (c) Prepare, and send the county tax collector shall
 1193  include with the annual tax statement, a notice to be sent to
 1194  all landowners in each area township designated by the Florida
 1195  Forest Service division as a wildfire hazard area. The notice
 1196  must describe particularly the area to be treated and the
 1197  tentative date or dates of the treatment and must list the
 1198  reasons for and the expected benefits from the wildfire hazard
 1199  reduction.
 1200         (d) Consider any landowner objections to the fuels
 1201  treatment of his or her property. The landowner may apply to the
 1202  State Forester director of the Florida Forest Service division
 1203  for a review of alternative methods of fuel reduction on the
 1204  property. If the State Forester director or his or her designee
 1205  does not resolve the landowner objection, the State Forester
 1206  director shall convene a panel made up of the local forestry
 1207  unit manager, the fire chief of the jurisdiction, and the
 1208  affected county or city manager, or any of their designees. If
 1209  the panel’s recommendation is not acceptable to the landowner,
 1210  the landowner may request further consideration by the
 1211  Commissioner of Agriculture or his or her designee and shall
 1212  thereafter be entitled to an administrative hearing pursuant to
 1213  the provisions of chapter 120.
 1214         (6)FLORIDA FOREST SERVICE APPROVAL OF LOCAL GOVERNMENT
 1215  OPEN-BURNING-AUTHORIZATION PROGRAMS.—
 1216         (a) A county or municipality may exercise the Florida
 1217  Forest Service’s authority, if delegated by the Florida Forest
 1218  Service under this subsection, to issue authorizations for the
 1219  burning of yard trash or debris from land-clearing operations. A
 1220  county’s or municipality’s existing or proposed open-burning
 1221  authorization program must:
 1222         1. Be approved by the Florida Forest Service. The Florida
 1223  Forest Service may not approve a program if it fails to meet the
 1224  requirements of subsections (2) and (4) and any rules adopted in
 1225  accordance with those subsections.
 1226         2. Provide by ordinance or local law the requirements for
 1227  obtaining and performing a burn authorization that complies with
 1228  subsections (2) and (4) and any rules adopted in accordance with
 1229  those subsections.
 1230         3. Provide for the enforcement of the program’s
 1231  requirements.
 1232         4. Provide financial, personnel, and other resources needed
 1233  to carry out the program.
 1234         (b) If the Florida Forest Service determines that a
 1235  county’s or municipality’s open-burning-authorization program
 1236  does not comply with subsections (2) and (4) and any rules
 1237  adopted in accordance with those subsections, the Florida Forest
 1238  Service shall require the county or municipality to take
 1239  necessary corrective actions within a reasonable period, not to
 1240  exceed 90 days.
 1241         1. If the county or municipality fails to take the
 1242  necessary corrective actions within the required period, the
 1243  Florida Forest Service shall resume administration of the open
 1244  burning-authorization program in the county or municipality and
 1245  the county or municipality shall cease administration of its
 1246  program.
 1247         2. Each county and municipality administering an open
 1248  burning-authorization program must cooperate with and assist the
 1249  Florida Forest Service in carrying out the powers, duties, and
 1250  functions of the Florida Forest Service.
 1251         3. A person who violates the requirements of a county’s or
 1252  municipality’s open-burning-authorization program, as provided
 1253  by ordinance or local law enacted pursuant to this subsection,
 1254  commits a violation of this chapter, punishable as provided in
 1255  s. 590.14.
 1256         (7)(5) DUTIES OF AGENCIES.—The Department of Education
 1257  shall incorporate, where feasible and appropriate, the issues of
 1258  fuels treatment, including prescribed burning, into its
 1259  educational materials.
 1260         Section 41. Section 590.14, Florida Statutes, is amended to
 1261  read:
 1262         590.14 Notice of violation; penalties.—
 1263         (1) If an a division employee of the Florida Forest Service
 1264  determines that a person has violated chapter 589, or this
 1265  chapter, or any rule adopted by the Florida Forest Service to
 1266  administer provisions of law which confer duties upon the
 1267  Florida Forest Service, the employee of the Florida Forest
 1268  Service he or she may issue a notice of violation indicating the
 1269  statute or rule violated. This notice shall will be filed with
 1270  the Florida Forest Service division and a copy forwarded to the
 1271  appropriate law enforcement entity for further action if
 1272  necessary.
 1273         (2) In addition to any penalties provided by law, any
 1274  person who causes a wildfire or permits any authorized fire to
 1275  escape the boundaries of the authorization or to burn past the
 1276  time of the authorization is liable for the payment of all
 1277  reasonable costs and expenses incurred in suppressing the fire
 1278  or $150, whichever is greater. All costs and expenses incurred
 1279  by the Florida Forest Service division shall be payable to the
 1280  Florida Forest Service division. When such costs and expenses
 1281  are not paid within 30 days after demand, the Florida Forest
 1282  Service division may take proper legal proceedings for the
 1283  collection of the costs and expenses. Those costs incurred by an
 1284  agency acting at the Florida Forest Service’s division’s
 1285  direction are recoverable by that agency.
 1286         (3) The department may also impose an administrative fine,
 1287  not to exceed $1,000 per violation of any section of chapter 589
 1288  or this chapter or violation of any rule adopted by the Florida
 1289  Forest Service to administer provisions of law which confer
 1290  duties upon the Florida Forest Service. The fine shall be based
 1291  upon the degree of damage, the prior violation record of the
 1292  person, and whether the person knowingly provided false
 1293  information to obtain an authorization. The fines shall be
 1294  deposited in the Incidental Trust Fund of the Florida Forest
 1295  Service division.
 1296         (4) A person commits a misdemeanor of the second degree,
 1297  punishable as provided in s. 775.082 or s. 775.083, if the
 1298  person:
 1299         (a) Fails to comply with any rule or order adopted by the
 1300  Florida Forest Service to administer provisions of law
 1301  conferring duties upon the Florida Forest Service; or
 1302         (b) Knowingly makes any false statement or representation
 1303  in any application, record, plan, or other document required by
 1304  this chapter or any rules adopted under this chapter.
 1305         (5) It is the intent of the Legislature that a penalty
 1306  imposed by a court under subsection (4) be of a severity that
 1307  ensures immediate and continued compliance with this section.
 1308         (6)(4) The penalties provided in this section shall extend
 1309  to both the actual violator and the person or persons, firm, or
 1310  corporation causing, directing, or permitting the violation.
 1311         Section 42. Subsection (4) of section 597.005, Florida
 1312  Statutes, is repealed.
 1313         Section 43. Subsection (2) of section 599.002, Florida
 1314  Statutes, is amended to read:
 1315         599.002 Viticulture Advisory Council.—
 1316         (2) The meetings, powers and duties, procedures, and
 1317  recordkeeping of the Viticulture Advisory Council, and per diem
 1318  and reimbursement of expenses of council members, shall be
 1319  governed by the provisions of s. 570.0705 relating to advisory
 1320  committees established within the department.
 1321         Section 44. Paragraph (a) of subsection (1) and subsection
 1322  (3) of section 616.252, Florida Statutes, are amended to read:
 1323         616.252 Florida State Fair Authority; membership; number,
 1324  terms, compensation.—
 1325         (1)(a) The authority shall be composed of 22 21 members.
 1326  The Commissioner of Agriculture, or her or his designee, shall
 1327  serve as a voting member. There shall also be a member who is
 1328  the member of the Board of County Commissioners of Hillsborough
 1329  County representing the county commission district in which the
 1330  Florida State Fairgrounds is located, who shall serve as a
 1331  voting member. There shall also be an appointed youth member who
 1332  is an active member of the Florida Future Farmers of America or
 1333  of a 4-H Club, and who shall serve as a nonvoting member. The
 1334  Commissioner of Agriculture shall appoint each other member of
 1335  the authority. Each member appointed by the Commissioner of
 1336  Agriculture shall serve at the pleasure of the Commissioner of
 1337  Agriculture. The term of each member appointed by the
 1338  Commissioner of Agriculture shall be 4 years, but the term of
 1339  the nonvoting youth member shall be for 1 year except, to
 1340  provide staggered terms, 9 of the members shall be initially
 1341  appointed for a 2-year term and 10 of the members shall be
 1342  initially appointed for a 3-year term. Members may be appointed
 1343  for more than one term. Any vacancy shall be filled for the
 1344  remainder of the unexpired term pursuant to the method provided
 1345  in this section for appointment. Six of the members may be from
 1346  Hillsborough County. The Commissioner of Agriculture shall
 1347  appoint and set the compensation of an executive director. The
 1348  executive director shall serve at the pleasure of the
 1349  Commissioner of Agriculture.
 1350         (3) Members of the authority are shall not be entitled to
 1351  compensation for their services as members and may not, but
 1352  shall be reimbursed for travel expenses. Except for the
 1353  nonvoting youth member, each member as provided in s. 112.061
 1354  and may be compensated for any special or full-time service
 1355  performed in its behalf as officers or agents of the authority.
 1356         Section 45. Paragraph (c) of subsection (2) of section
 1357  812.014, Florida Statutes, is amended to read:
 1358         812.014 Theft.—
 1359         (2)
 1360         (c) It is grand theft of the third degree and a felony of
 1361  the third degree, punishable as provided in s. 775.082, s.
 1362  775.083, or s. 775.084, if the property stolen is:
 1363         1. Valued at $300 or more, but less than $5,000.
 1364         2. Valued at $5,000 or more, but less than $10,000.
 1365         3. Valued at $10,000 or more, but less than $20,000.
 1366         4. A will, codicil, or other testamentary instrument.
 1367         5. A firearm.
 1368         6. A motor vehicle, except as provided in paragraph (a).
 1369         7. Any commercially farmed animal, including any animal of
 1370  the equine, bovine, or swine class, or other grazing animal,
 1371  including bee colonies of registered bee keepers and including
 1372  aquaculture species raised at a certified aquaculture facility.
 1373  If the property stolen is aquaculture species raised at a
 1374  certified aquaculture facility, then a $10,000 fine shall be
 1375  imposed.
 1376         8. Any fire extinguisher.
 1377         9. Any amount of citrus fruit consisting of 2,000 or more
 1378  individual pieces of fruit.
 1379         10. Taken from a designated construction site identified by
 1380  the posting of a sign as provided for in s. 810.09(2)(d).
 1381         11. Any stop sign.
 1382         12. Anhydrous ammonia.
 1383  
 1384  However, if the property is stolen within a county that is
 1385  subject to a state of emergency declared by the Governor under
 1386  chapter 252, the property is stolen after the declaration of
 1387  emergency is made, and the perpetration of the theft is
 1388  facilitated by conditions arising from the emergency, the
 1389  offender commits a felony of the second degree, punishable as
 1390  provided in s. 775.082, s. 775.083, or s. 775.084, if the
 1391  property is valued at $5,000 or more, but less than $10,000, as
 1392  provided under subparagraph 2., or if the property is valued at
 1393  $10,000 or more, but less than $20,000, as provided under
 1394  subparagraph 3. As used in this paragraph, the term “conditions
 1395  arising from the emergency” means civil unrest, power outages,
 1396  curfews, voluntary or mandatory evacuations, or a reduction in
 1397  the presence of or the response time for first responders or
 1398  homeland security personnel. For purposes of sentencing under
 1399  chapter 921, a felony offense that is reclassified under this
 1400  paragraph is ranked one level above the ranking under s.
 1401  921.0022 or s. 921.0023 of the offense committed.
 1402         Section 46. Paragraphs (f) and (g) of subsection (1) of
 1403  section 812.015, Florida Statutes, are amended to read:
 1404         812.015 Retail and farm theft; transit fare evasion;
 1405  mandatory fine; alternative punishment; detention and arrest;
 1406  exemption from liability for false arrest; resisting arrest;
 1407  penalties.—
 1408         (1) As used in this section:
 1409         (f) “Farmer” means a person who is engaging in the growing
 1410  or producing of farm produce, milk products, honey, eggs, or
 1411  meat, either part time or full time, for personal consumption or
 1412  for sale and who is the owner or lessee of the land or a person
 1413  designated in writing by the owner or lessee to act as her or
 1414  his agent. No person defined as a farm labor contractor pursuant
 1415  to s. 450.28 shall be designated to act as an agent for purposes
 1416  of this section.
 1417         (g) “Farm theft” means the unlawful taking possession of
 1418  any items that are grown or produced on land owned, rented, or
 1419  leased by another person. The term also includes equipment and
 1420  associated materials used to grow or produce farm products as
 1421  defined in s. 823.14(3)(c).
 1422         Section 47. This act shall take effect October 1, 2011.