Florida Senate - 2011                      CS for CS for SB 2076
       
       
       
       By the Committees on Budget Subcommittee on General Government
       Appropriations; Agriculture; and Agriculture
       
       
       
       601-04502-11                                          20112076c2
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending s. 20.14, F.S.; deleting
    4         the Division of Dairy within the Department of
    5         Agriculture and Consumer Services; amending s.
    6         193.461, F.S.; redefining the term “agricultural
    7         purposes” as it relates to agricultural lands;
    8         amending s. 215.981, F.S.; exempting certain direct
    9         support organizations and citizen support
   10         organizations for the Department of Agriculture and
   11         Consumer Services from obtaining an independent audit;
   12         amending s. 253.02, F.S.; providing for the grantee of
   13         easements for electrical transmission to pay the lead
   14         manager of the state-owned lands or, when there is no
   15         lead manager, the Department of Environmental
   16         Protection, if suitable replacement uplands cannot be
   17         identified; amending s. 261.04, F.S.; deleting
   18         provisions related to per diem and travel expenses for
   19         members of the Off-Highway Vehicle Recreation Advisory
   20         Committee within the Division of Forestry; amending s.
   21         482.051, F.S.; providing rule changes that allow
   22         operators to provide certain emergency notice to the
   23         Department of Agriculture and Consumer Services by
   24         facsimile or electronic means; amending s. 482.071,
   25         F.S.; increasing the minimum insurance coverage for
   26         bodily injury and property damage required for pest
   27         control businesses; creating s. 482.072, F.S.;
   28         providing for licensure by the department of pest
   29         control customer contact centers; providing
   30         application requirements; providing for fees,
   31         licensure renewal, penalties, licensure expiration,
   32         and transfer of licenses; requiring the department to
   33         adopt rules; providing for disciplinary action;
   34         creating s. 482.157, F.S.; providing for the
   35         certification of commercial wildlife trappers;
   36         providing requirements for certification, examination,
   37         and fees; limiting the scope of work permitted by
   38         certificate holders; clarifying that
   39         certificateholders who practice accepted pest control
   40         methods are immune from liability for violating laws
   41         prohibiting cruelty to animals; providing that the
   42         provisions of s. 482.157, F.S., do not exempt any
   43         person from the rules or orders of the Fish and
   44         Wildlife Conservation Commission; amending s. 482.226,
   45         F.S.; increasing the minimum financial responsibility
   46         requirements for licensees that perform wood
   47         destroying organism inspections; amending s. 482.243,
   48         F.S.; deleting provisions relating to reimbursement
   49         for expenses for members of the Pest Control
   50         Enforcement Advisory Council within the department;
   51         amending s. 487.041, F.S.; providing that
   52         registration, supplemental, and late fees related to
   53         the registration of pesticide brands with the
   54         department are nonrefundable; providing requirements
   55         for label revisions of pesticide brands; providing
   56         requirements for label revisions that must be reviewed
   57         by the United States Environmental Protection Agency;
   58         requiring payments of pesticide registration fees to
   59         be submitted electronically; amending s. 487.0615,
   60         F.S.; deleting references relating to per diem and
   61         travel for the Pesticide Review Council within the
   62         Department of Agriculture and Consumer Services;
   63         amending s. 500.70, F.S.; requiring certain persons
   64         that produce, harvest, pack, or repack tomatoes to
   65         register each location of a tomato farm, tomato
   66         greenhouse, tomato packinghouse, or tomato repacker by
   67         a specified date on a form prescribed by the
   68         department; requiring the department to set a
   69         registration fee; providing for funds collected to be
   70         deposited into the General Inspection Trust Fund;
   71         amending s. 527.22, F.S.; deleting provisions relating
   72         to per diem and travel expenses for members of the
   73         Florida Propane Gas Education, Safety, and Research
   74         Council within the department; amending s. 559.9221,
   75         F.S.; deleting provisions relating to per diem and
   76         travel expenses for members of the Motor Vehicle
   77         Repair Advisory Council within the department;
   78         amending s. 570.07, F.S.; revising the department’s
   79         authority to enforce laws relating to commercial stock
   80         feeds and commercial fertilizer; providing a limited
   81         exemption to counties that have existing ordinances
   82         regulating the sale of urban turf fertilizers;
   83         revising the powers and duties of the department
   84         regarding pollution control and the prevention of
   85         wildfires; amending s. 570.0705, F.S.; deleting
   86         provisions relating to per diem and travel expenses
   87         for members of any advisory committee that the
   88         Commissioner of Agriculture may appoint; amending s.
   89         570.074, F.S.; revising the name of the Office of
   90         Water Coordination to the Office of Energy and Water;
   91         amending s. 570.18, F.S.; conforming provisions to
   92         changes made by the act; amending s. 570.23, F.S.;
   93         deleting provisions relating to per diem and travel
   94         expenses for members of the State Agricultural
   95         Advisory Council within the department; repealing s.
   96         570.29(6), F.S., relating to the Division of Dairy
   97         Industry within the department; amending s. 570.38,
   98         F.S.; deleting provisions relating to per diem and
   99         travel expenses for members of the Animal Industry
  100         Technical Council within the department; amending s.
  101         570.382, F.S.; deleting provisions relating to per
  102         diem and travel expenses for members of the Arabian
  103         Horse Council within the department; repealing s.
  104         570.40, F.S., relating to the powers and duties of the
  105         Division of Dairy within the department; repealing s.
  106         570.41, F.S., relating to the qualifications and
  107         duties of the Director of the Division of Dairy within
  108         the department; amending s. 570.42, F.S.; deleting
  109         provisions relating to per diem and travel expenses
  110         for members of the Dairy Industry Technical Council
  111         within the department; amending s. 570.50, F.S.;
  112         requiring the Division of Food Safety within the
  113         department to inspect dairy farms and enforce the
  114         provisions of ch. 502, F.S.; requiring the Division of
  115         Food Safety to inspect milk plants, milk product
  116         plants, and plants engaged in the manufacture and
  117         distribution of frozen desserts and frozen dessert
  118         mixes; requiring the Division of Food Safety to
  119         analyze and test samples of milk, milk products,
  120         frozen desserts, and frozen dessert mixes; amending s.
  121         570.543, F.S.; deleting provisions relating to per
  122         diem and travel expenses for members of the Florida
  123         Consumers’ Council within the department; repealing s.
  124         570.954(3), F.S., relating to the requirement that the
  125         Department of Agriculture and Consumer Services
  126         coordinate with and solicit the expertise of the state
  127         energy office when developing the farm-to-fuel
  128         initiative; amending s. 571.28, F.S.; deleting
  129         provisions relating to per diem and travel expenses
  130         for members of the Florida Agricultural Promotional
  131         Campaign Advisory Council within the department;
  132         amending s. 573.112, F.S.; deleting provisions
  133         relating to per diem and travel expenses for members
  134         of the advisory council that administers the marketing
  135         order that is issued to the department; amending s.
  136         576.091, F.S.; deleting provisions relating to per
  137         diem and travel expenses for members of the Fertilizer
  138         Technical Council within the department; amending s.
  139         580.151, F.S.; deleting provisions relating to per
  140         diem and travel expenses for members of the Commercial
  141         Feed Technical Council within the department; amending
  142         s. 581.186, F.S.; deleting provisions relating to per
  143         diem and travel expenses for members of the Endangered
  144         Plant Advisory Council within the department; amending
  145         s. 586.161, F.S.; deleting provisions relating to per
  146         diem and travel expenses for members of the Honeybee
  147         Technical Council within the department; amending s.
  148         590.015, F.S.; defining the terms “department,” “open
  149         burning,” and “broadcast burning” as they relate to
  150         forest protection; redefining the term “fire
  151         management services”; amending s. 590.02, F.S.;
  152         authorizing forest-operations administrators to be
  153         certified as forestry firefighters; authorizing the
  154         Department of Agriculture and Consumer Services to
  155         have exclusive authority over the Florida Building
  156         Code as it pertains to wildfire and law enforcement
  157         facilities under the jurisdiction of the department;
  158         authorizing the department to retain, transfer,
  159         warehouse, bid, destroy, scrap, or dispose of surplus
  160         equipment and vehicles used for wildland firefighting;
  161         authorizing the department to retain any moneys
  162         received from the disposition of state-owned equipment
  163         and vehicles used for wildland firefighting; providing
  164         that moneys received may be used for the acquisition
  165         of exchange and surplus equipment used for wildland
  166         firefighting and all necessary operating expenditures
  167         related to the equipment; requiring the department to
  168         maintain records of the accounts into which the money
  169         is deposited; giving the Division of Forestry
  170         exclusive authority to require and issue
  171         authorizations for broadcast burning, agricultural
  172         pile burning, and silvicultural pile burning;
  173         preempting other governmental entities from adopting
  174         laws, rules, or policies pertaining to broadcast
  175         burning, agricultural pile burning, or silvicultural
  176         pile burning unless an emergency order has been
  177         declared; authorizing the department to delegate its
  178         authority to a county or municipality to issue
  179         authorizations for the burning of yard trash and
  180         debris from land clearing operations; amending s.
  181         590.125, F.S.; defining and redefining terms relating
  182         to open-burning authorizations by the division;
  183         specifying purposes of certified prescribed burning;
  184         requiring the authorization of the division for
  185         certified pile burning; providing pile burning
  186         requirements; limiting the liability of property
  187         owners or agents engaged in pile burning; providing
  188         penalties for violations by certified pile burners;
  189         requiring the division to adopt rules to regulate
  190         certified pile burning; revising notice requirements
  191         for wildfire hazard reduction treatments; providing
  192         for approval of local governments’ open-burning
  193         authorization programs; providing program
  194         requirements; authorizing the division to resume
  195         administration of a local government’s program under
  196         certain circumstances; providing penalties for
  197         violations of a local government’s open-burning
  198         requirements; amending s. 590.14, F.S.; authorizing an
  199         employee of the division to issue a notice of
  200         violation for any rule adopted by the division;
  201         authorizing the department to impose an administrative
  202         fine for a violation of any rule adopted by the
  203         division; providing a criminal penalty; providing
  204         legislative intent; repealing s. 597.005(4), F.S.,
  205         deleting provisions relating to per diem and travel
  206         expenses for members of the Aquaculture Review Council
  207         within the department; amending s. 599.002, F.S.;
  208         deleting provisions relating to per diem and travel
  209         expenses for members of the Viticulture Advisory
  210         Council within the department; amending s. 616.17,
  211         F.S.; providing immunity from liability for damages
  212         resulting from exhibits and concessions at public
  213         fairs; providing exceptions for immunity from
  214         liability; amending s. 616.252, F.S.; providing for
  215         the appointment of a youth member to serve on the
  216         Florida State Fair Authority as a nonvoting member;
  217         providing a term of service for the youth member of
  218         the Florida State Fair Authority; prohibiting
  219         reimbursement for travel expenses for members of the
  220         Florida State Fair Authority; excluding the youth
  221         member from compensation for special or full-time
  222         service performed on behalf of the authority; amending
  223         s. 812.014, F.S.; providing that it is a grand theft
  224         of the third degree and a felony of the third degree
  225         if bee colonies of a registered bee keeper are stolen;
  226         amending s. 812.015, F.S.; redefining the term
  227         “farmer” as it relates to a person who grows or
  228         produces honey; redefining the term “farm theft” to
  229         include the unlawful taking possession of equipment
  230         and associated materials used to grow or produce farm
  231         products; providing an effective date.
  232  
  233  Be It Enacted by the Legislature of the State of Florida:
  234  
  235         Section 1. Subsection (2) of section 20.14, Florida
  236  Statutes, is amended to read:
  237         20.14 Department of Agriculture and Consumer Services.
  238  There is created a Department of Agriculture and Consumer
  239  Services.
  240         (2) The following divisions of the Department of
  241  Agriculture and Consumer Services are established:
  242         (a) Administration.
  243         (b) Agricultural Environmental Services.
  244         (c) Animal Industry.
  245         (d) Aquaculture.
  246         (e) Consumer Services.
  247         (f) Dairy Industry.
  248         (f)(g) Food Safety.
  249         (g)(h) Forestry.
  250         (h)(i) Fruit and Vegetables.
  251         (i)(j) Licensing.
  252         (j)(k) Marketing and Development.
  253         (k)(l) Plant Industry.
  254         (l)(m) Standards.
  255         Section 2. Subsection (5) of section 193.461, Florida
  256  Statutes, as amended by section 1 of chapter 2010-277, Laws of
  257  Florida, is amended to read:
  258         193.461 Agricultural lands; classification and assessment;
  259  mandated eradication or quarantine program.—
  260         (5) For the purpose of this section, “agricultural
  261  purposes” includes, but is not limited to, horticulture;
  262  floriculture; viticulture; forestry; dairy; livestock; poultry;
  263  bee; pisciculture, when the land is used principally for the
  264  production of tropical fish; aquaculture; sod farming; and all
  265  forms of farm products, as defined in s. 823.14(3)(c), and farm
  266  production.
  267         Section 3. Subsection (2) of section 215.981, Florida
  268  Statutes, is amended to read:
  269         215.981 Audits of state agency direct-support organizations
  270  and citizen support organizations.—
  271         (2) Notwithstanding the provisions of subsection (1),
  272  direct-support organizations and citizen support organizations
  273  for the Department of Environmental Protection or direct-support
  274  organizations and citizen support organizations for the
  275  Department of Agriculture and Consumer Services which that are
  276  not for profit and which that have annual expenditures of less
  277  than $300,000 are not required to have an independent audit. The
  278  department shall establish accounting and financial management
  279  guidelines for those organizations under the department’s
  280  jurisdiction. Each year, the department shall conduct
  281  operational and financial reviews of a selected number of
  282  direct-support organizations or citizen support organizations
  283  which fall below the audit threshold established in this
  284  subsection.
  285         Section 4. Paragraph (b) of subsection (2) of section
  286  253.02, Florida Statutes, is amended to read:
  287         253.02 Board of trustees; powers and duties.—
  288         (2)
  289         (b) The authority of the board of trustees to grant
  290  easements for rights-of-way over, across, and upon uplands the
  291  title to which is vested in the board of trustees for the
  292  construction and operation of electric transmission and
  293  distribution facilities and related appurtenances is hereby
  294  confirmed. The board of trustees may delegate to the Secretary
  295  of Environmental Protection the authority to grant such
  296  easements on its behalf. All easements for rights-of-way over,
  297  across, and upon uplands the title to which is vested in the
  298  board of trustees for the construction and operation of electric
  299  transmission and distribution facilities and related
  300  appurtenances which are approved by the Secretary of
  301  Environmental Protection pursuant to the authority delegated by
  302  the board of trustees shall meet the following criteria:
  303         1. Such easements shall not prevent the use of the state
  304  owned uplands adjacent to the easement area for the purposes for
  305  which such lands were acquired and shall not unreasonably
  306  diminish the ecological, conservation, or recreational values of
  307  the state-owned uplands adjacent to the easement area.
  308         2. There is no practical and prudent alternative to
  309  locating the linear facility and related appurtenances on state
  310  owned upland. For purposes of this subparagraph, the test of
  311  practicality and prudence shall compare the social, economic,
  312  and environmental effects of the alternatives.
  313         3. Appropriate steps are taken to minimize the impacts to
  314  state-owned uplands. Such steps may include:
  315         a. Siting of facilities so as to reduce impacts and
  316  minimize fragmentation of the overall state-owned parcel;
  317         b. Avoiding significant wildlife habitat, wetlands, or
  318  other valuable natural resources to the maximum extent
  319  practicable; or
  320         c. Avoiding interference with active land management
  321  practices, such as prescribed burning.
  322         4. Except for easements granted as a part of a land
  323  exchange to accomplish a recreational or conservation benefit or
  324  other public purpose, in exchange for such easements, the
  325  grantee pays an amount equal to the market value of the interest
  326  acquired. In addition, for the initial grant of such easements
  327  only, the grantee shall provide additional compensation by
  328  vesting in the board of trustees fee simple title to other
  329  available uplands that are 1.5 times the size of the easement
  330  acquired by the grantee. The Secretary of Environmental
  331  Protection shall approve the property to be acquired on behalf
  332  of the board of trustees based on the geographic location in
  333  relation to the land proposed to be under easement and a
  334  determination that economic, ecological, and recreational value
  335  is at least equivalent to the value of the lands under proposed
  336  easement. Priority for replacement uplands shall be given to
  337  parcels identified as inholdings and additions to public lands
  338  and lands on a Florida Forever land acquisition list. However,
  339  if suitable replacement uplands cannot be identified, the
  340  grantee shall provide additional compensation for the initial
  341  grant of such easements only by paying to the lead manager of
  342  the state-owned lands or, when there is no lead manager, by
  343  paying to the department an amount equal to two times the
  344  current market value of the state-owned land or the highest and
  345  best use value at the time of purchase, whichever is greater.
  346  When determining such use of funds, priority shall be given to
  347  forest-management objectives, parcels identified as inholdings
  348  and additions to public lands, and lands on a Florida Forever
  349  land acquisition list.
  350         Section 5. Subsection (5) of section 261.04, Florida
  351  Statutes, is amended to read:
  352         261.04 Off-Highway Vehicle Recreation Advisory Committee;
  353  members; appointment.—
  354         (5) The members of the advisory committee shall serve
  355  without compensation, but shall be reimbursed for travel and per
  356  diem expenses as provided in s. 112.061, while in the
  357  performance of their official duties.
  358         Section 6. 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 7. 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 8. Section 482.072, Florida Statutes, is created to
  396  read:
  397         482.072Customer contact centers for pest control
  398  business.—
  399         (1) The department may issue a license to a qualified
  400  business to operate a customer contact center to solicit pest
  401  control business, or to provide services to customers for one or
  402  more business locations licensed under s. 482.071. A person may
  403  not operate a customer contact center for a pest control
  404  business that is not licensed by the department.
  405         (2)(a) Before operating a customer contact center, and
  406  biennially thereafter, a pest control business shall apply to
  407  the department for a license under this chapter, or a renewal
  408  thereof, for each location of a customer contact center, on or
  409  before an anniversary date set by the department for the
  410  location of the customer contact center. An application must be
  411  submitted in the format prescribed by the department.
  412         (b) The department shall establish a fee of at least $600,
  413  but not more than $1,000, for the issuance of the initial
  414  license for a customer contact center, and a renewal fee of at
  415  least $600, but not more than $1,000, for the renewal of the
  416  license. However, until rules for renewal fees are adopted, the
  417  initial licensing fee and renewal fee are each $600. The
  418  department shall establish a grace period, not to exceed 30
  419  calendar days after the license’s anniversary renewal date, and
  420  shall assess a late fee of $150, in addition to the renewal fee,
  421  for a license that is renewed after the grace period.
  422         (c) A license automatically expires 60 calendar days after
  423  the anniversary renewal date unless the license is renewed
  424  before that date. When a license expires, it may be reinstated
  425  only upon reapplication and payment of the license renewal fee
  426  and a late renewal fee.
  427         (d) A license automatically expires if a licensee changes
  428  the address of the location of its customer contact center for a
  429  pest control business. The department shall issue a new license
  430  upon payment of a $250 fee. The new license automatically
  431  expires 60 calendar days after the anniversary renewal date of
  432  the former license unless the license is renewed before that
  433  date.
  434         (e) The department may not issue or renew a license to
  435  operate a customer contact center unless the licensee for the
  436  pest control business for which the center solicits business is
  437  owned in common by a person or business entity recognized by
  438  this state.
  439         (f) The department may deny a license or refuse to renew a
  440  license if the applicant or licensee, or one or more of the
  441  applicant’s or licensee’s directors, officers, owners, or
  442  general partners, are or have been directors, officers, owners,
  443  or general partners of a pest control business that meets the
  444  conditions as described in s. 482.071(2)(g).
  445         (g) Sections 482.091 and 482.152 do not apply to a person
  446  who solicits pest control services or provides customer service
  447  in a licensed customer contact center unless the person performs
  448  the pest control work as defined in s. 482.021(22)(a)-(d),
  449  executes a pest control contract, or accepts remuneration for
  450  such work.
  451         (h) Section 482.071(2)(e) does not apply to a license
  452  issued under this section.
  453         (3)(a) The department shall adopt rules establishing
  454  requirements and procedures for recordkeeping and for monitoring
  455  the operations of a customer contact center in order to ensure
  456  compliance with this section and the rules adopted in accordance
  457  with this section.
  458         (b) Notwithstanding any other provision in this section:
  459         1. A licensee of a customer contact center is subject to
  460  disciplinary action under s. 482.161 for a violation of this
  461  section or adopted rule which is committed by a person who
  462  solicits pest control services or provides customer service in a
  463  customer contact center.
  464         2. A licensee of a pest control business may be subject to
  465  disciplinary action under s. 482.161 for a violation that is
  466  committed by a person who solicits pest control services or
  467  provides customer service in a customer contact center operated
  468  by a licensee if the licensee participates in the violation.
  469         Section 9. Section 482.157, Florida Statutes, is created to
  470  read:
  471         482.157Limited certification for commercial wildlife
  472  management personnel.—
  473         (1) The department shall establish a limited certificate
  474  that authorizes a person who engages in the commercial trapping
  475  of wildlife to use nonchemical methods, including traps, glue
  476  boards, mechanical or electronic devices, or exclusionary
  477  techniques to control commensal rodents.
  478         (2) A person that seeks a limited certificate under this
  479  section is required to pass an examination given by the
  480  department. Each application for examination must be accompanied
  481  by an examination fee set by rule of the department, in an
  482  amount of at least $150, but not more than $300. The department
  483  shall provide the appropriate reference materials for the
  484  examination and shall make the examination readily available to
  485  applicants at least quarterly or as necessary in each county.
  486  Before the department issues a limited certificate under this
  487  section, each person that applies for the certificate shall
  488  furnish proof of having a certificate of insurance which states
  489  that the person’s employer meets the requirements for minimum
  490  financial responsibility for bodily injury and property damage
  491  as required by s. 482.071(4).
  492         (3) An application for recertification must be made
  493  annually and be accompanied by a recertification fee of at least
  494  $75, but not more than $150, as established by rule. The
  495  application must also be accompanied by proof of completion of
  496  four classroom hours of acceptable continuing education and
  497  proof of insurance. The department shall assess a late fee of
  498  $50, in addition to the renewal fee, after a grace period not
  499  exceeding 30 calendar days after the recertification renewal
  500  date. A certificate automatically expires 180 calendar days
  501  after the recertification date if the renewal fee has not been
  502  paid. After expiration, the department shall issue a new
  503  certificate if the applicant successfully passes the examination
  504  and pays the renewal fee and late fee.
  505         (4) Certification under this section does not authorize:
  506         (a) The use of pesticides or chemical substances, other
  507  than adhesive materials, to control rodents or other nuisance
  508  wildlife in, on, or under structures;
  509         (b) Operation of a pest control business; or
  510         (c) Supervision of an uncertified person using nonchemical
  511  methods to control rodents.
  512         (5) A person who is certified under this chapter and who
  513  practices accepted methods of pest control is immune from
  514  liability under s. 828.12.
  515         (6) The provisions of this chapter do not exempt any person
  516  from the rules or orders of the Fish and Wildlife Conservation
  517  Commission.
  518         Section 10. Subsection (6) of section 482.226, Florida
  519  Statutes, is amended to read:
  520         482.226 Wood-destroying organism inspection report; notice
  521  of inspection or treatment; financial responsibility.—
  522         (6) Any licensee that performs wood-destroying organism
  523  inspections in accordance with subsection (1) must meet minimum
  524  financial responsibility in the form of errors and omissions
  525  (professional liability) insurance coverage or bond in an amount
  526  no less than $500,000 $50,000 in the aggregate and $250,000
  527  $25,000 per occurrence, or demonstrate that the licensee has
  528  equity or net worth of no less than $500,000 $100,000 as
  529  determined by generally accepted accounting principles
  530  substantiated by a certified public accountant’s review or
  531  certified audit. The licensee must show proof of meeting this
  532  requirement at the time of license application or renewal
  533  thereof.
  534         Section 11. Subsection (6) of section 482.243, Florida
  535  Statutes, is amended to read:
  536         482.243 Pest Control Enforcement Advisory Council.—
  537         (6) The meetings, powers and duties, procedures, and
  538  recordkeeping, and reimbursement of expenses of members of the
  539  council shall be in accordance with the provisions of s.
  540  570.0705 relating to advisory committees established within the
  541  department.
  542         Section 12. Paragraph (a) of subsection (1) of section
  543  487.041, Florida Statutes, is amended, and paragraphs (h), (i),
  544  and (j) are added to that subsection, to read:
  545         487.041 Registration.—
  546         (1)(a) Effective January 1, 2009, each brand of pesticide,
  547  as defined in s. 487.021, which is distributed, sold, or offered
  548  for sale, except as provided in this section, within this state
  549  or delivered for transportation or transported in intrastate
  550  commerce or between points within this state through any point
  551  outside this state must be registered in the office of the
  552  department, and such registration shall be renewed biennially.
  553  Emergency exemptions from registration may be authorized in
  554  accordance with the rules of the department. The registrant
  555  shall file with the department a statement including:
  556         1. The name, business mailing address, and street address
  557  of the registrant.
  558         2. The name of the brand of pesticide.
  559         3. An ingredient statement and a complete, current copy of
  560  the label labeling accompanying the brand of the pesticide,
  561  which must conform to the registration, and a statement of all
  562  claims to be made for it, including directions for use and a
  563  guaranteed analysis showing the names and percentages by weight
  564  of each active ingredient, the total percentage of inert
  565  ingredients, and the names and percentages by weight of each
  566  “added ingredient.”
  567         (h) All registration fees, including supplemental fees and
  568  late fees, are nonrefundable.
  569         (i) For any currently registered pesticide product brand
  570  that undergoes label revision during the registration period,
  571  the registrant shall submit to the department a copy of the
  572  revised label along with the cover letter detailing changes
  573  before the sale or distribution of a product brand with the
  574  revised label in this state. If the label revisions require
  575  notification of an amendment review by the United States
  576  Environmental Protection Agency, the registrant shall submit an
  577  additional copy of the label marked to identify those revisions.
  578         (j) Effective January 1, 2013, all payments of any
  579  pesticide-registration fees, including supplemental fees and
  580  late fees, shall be submitted electronically using the
  581  department’s website to register a brand of a pesticide product.
  582         Section 13. Subsection (5) of section 487.0615, Florida
  583  Statutes, is amended to read:
  584         487.0615 Pesticide Review Council.—
  585         (5) Members of the council shall receive no compensation
  586  for their services, but are entitled to be reimbursed for per
  587  diem and travel expenses as provided in s. 112.061.
  588         Section 14. Subsection (7) is added to section 500.70,
  589  Florida Statutes, to read:
  590         500.70 Tomato food safety standards; inspections;
  591  penalties; tomato good agricultural practices; tomato best
  592  management practices.—
  593         (7) Any person who produces, harvests, packs, or repacks
  594  tomatoes in this state and does not hold a food permit issued
  595  under s. 500.12, shall annually register the location of each
  596  tomato farm, tomato greenhouse, tomato packinghouse, or tomato
  597  repacker by August 1 on a form prescribed by the department. Any
  598  person who produces, harvests, packs, or repacks tomatoes at
  599  more than one location may submit one registration for all such
  600  locations, but must provide the physical address of each
  601  location. The department may set by rule an annual registration
  602  fee not to exceed $500. The money collected from the
  603  registration fee payments shall be deposited into the General
  604  Inspection Trust Fund.
  605         Section 15. Subsection (5) of section 527.22, Florida
  606  Statutes, is amended to read:
  607         527.22 Florida Propane Gas Education, Safety, and Research
  608  Council established; membership; duties and responsibilities.—
  609         (5) Council members shall receive no compensation or
  610  honorarium for their services, and are authorized to receive
  611  only per diem and reimbursement for travel expenses as provided
  612  in s. 112.061.
  613         Section 16. Subsection (3) of section 559.9221, Florida
  614  Statutes, is amended to read:
  615         559.9221 Motor Vehicle Repair Advisory Council.—The Motor
  616  Vehicle Repair Advisory Council is created to advise and assist
  617  the department in carrying out this part.
  618         (3) The members of the council shall receive no
  619  compensation for their services, except that they may receive
  620  per diem and travel expenses as provided in s. 112.061.
  621         Section 17. Subsections (16) and (28) of section 570.07,
  622  Florida Statutes, are amended to read:
  623         570.07 Department of Agriculture and Consumer Services;
  624  functions, powers, and duties.—The department shall have and
  625  exercise the following functions, powers, and duties:
  626         (16) To enforce the state laws and rules relating to:
  627         (a) Fruit and vegetable inspection and grading;
  628         (b) Pesticide spray, residue inspection, and removal;
  629         (c) Registration, labeling, inspection, sale, composition,
  630  formulation, including nutrient content and release rates,
  631  distribution, and analysis of commercial stock feeds and
  632  commercial fertilizers;
  633         (d) Classification, inspection, and sale of poultry and
  634  eggs;
  635         (e) Registration, inspection, and analysis of gasolines and
  636  oils;
  637         (f) Registration, labeling, inspection, and analysis of
  638  pesticides;
  639         (g) Registration, labeling, inspection, germination
  640  testing, and sale of seeds, both common and certified;
  641         (h) Weights, measures, and standards;
  642         (i) Foods, as set forth in the Florida Food Safety Act;
  643         (j) Inspection and certification of honey;
  644         (k) Sale of liquid fuels;
  645         (l) Licensing of dealers in agricultural products;
  646         (m) Administration and enforcement of all regulatory
  647  legislation applying to milk and milk products, ice cream, and
  648  frozen desserts;
  649         (n) Recordation and inspection of marks and brands of
  650  livestock; and
  651         (o) All other regulatory laws relating to agriculture.
  652  
  653  In order to ensure uniform health and safety standards, the
  654  adoption of standards and fines in the subject areas of
  655  paragraphs (a)-(n) is expressly preempted to the state and the
  656  department. Any local government enforcing the subject areas of
  657  paragraphs (a)-(n) must use the standards and fines set forth in
  658  the pertinent statutes or any rules adopted by the department
  659  pursuant to those statutes. A county that has adopted an
  660  ordinance regulating the sale of urban turf fertilizer before
  661  January 1, 2011, is not subject to paragraph (c). If the county
  662  amends or changes any portion of the ordinance after January 1,
  663  2011, the provisions of paragraph (c) apply.
  664         (28) For the purpose of pollution control and the
  665  prevention of wildfires purposes, to regulate open burning
  666  connected with rural land-clearing, agricultural, or forestry
  667  operations, except fires for cold or frost protection.
  668         Section 18. Subsection (9) of section 570.0705, Florida
  669  Statutes, is amended to read:
  670         570.0705 Advisory committees.—From time to time the
  671  commissioner may appoint any advisory committee to assist the
  672  department with its duties and responsibilities.
  673         (9) Members of each advisory committee shall receive no
  674  compensation for their services, but shall be entitled to
  675  reimbursement for per diem and travel expenses as provided in s.
  676  112.061.
  677         Section 19. Section 570.074, Florida Statutes, is amended
  678  to read:
  679         570.074 Department of Agriculture and Consumer Services;
  680  energy and water policy coordination.—The commissioner may
  681  create an Office of Energy and Water Coordination under the
  682  supervision of a senior manager exempt under s. 110.205 in the
  683  Senior Management Service. The commissioner may designate the
  684  bureaus and positions in the various organizational divisions of
  685  the department which that report to this office relating to any
  686  matter over which the department has jurisdiction in matters
  687  relating to energy and water policy affecting agriculture,
  688  application of such policies, and coordination of such matters
  689  with state and federal agencies.
  690         Section 20. Section 570.18, Florida Statutes, is amended to
  691  read:
  692         570.18 Organization of departmental work.—In the assignment
  693  of functions to the 12 divisions of the department created in s.
  694  570.29, the department shall retain within the Division of
  695  Administration, in addition to executive functions, those powers
  696  and duties enumerated in s. 570.30. The department shall
  697  organize the work of the other 11 divisions in such a way as to
  698  secure maximum efficiency in the conduct of the department. The
  699  divisions created in s. 570.29 are solely to make possible the
  700  definite placing of responsibility. The department shall be
  701  conducted as a unit in which every employee, including each
  702  division director, is assigned a definite workload, and there
  703  shall exist between division directors a spirit of cooperative
  704  effort to accomplish the work of the department.
  705         Section 21. Subsection (2) of section 570.23, Florida
  706  Statutes, is amended to read:
  707         570.23 State Agricultural Advisory Council.—
  708         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
  709  COMPENSATION.—The meetings, powers and duties, procedures, and
  710  recordkeeping of the State Agricultural Advisory Council, and
  711  per diem and reimbursement of expenses of council members, shall
  712  be governed by the provisions of s. 570.0705 relating to
  713  advisory committees established within the department.
  714         Section 22. Subsection (6) of section 570.29, Florida
  715  Statutes, is repealed.
  716         Section 23. Subsection (2) of section 570.38, Florida
  717  Statutes, is amended to read:
  718         570.38 Animal Industry Technical Council.—
  719         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
  720  COMPENSATION.—The meetings, powers and duties, procedures, and
  721  recordkeeping of the Animal Industry Technical Council, and per
  722  diem and reimbursement of expenses of council members, shall be
  723  governed by the provisions of s. 570.0705 relating to advisory
  724  committees established within the department.
  725         Section 24. Paragraph (d) of subsection (3) of section
  726  570.382, Florida Statutes, is amended to read:
  727         570.382 Arabian horse racing; breeders’ and stallion
  728  awards; Arabian Horse Council; horse registration fees; Florida
  729  Arabian Horse Racing Promotion Account.—
  730         (3) ARABIAN HORSE COUNCIL.—
  731         (d) Members of the council shall receive no compensation
  732  for their services, except that they shall receive per diem and
  733  travel expenses as provided in s. 112.061 when actually engaged
  734  in the business of the council.
  735         Section 25. Section 570.40, Florida Statutes, is repealed.
  736         Section 26. Section 570.41, Florida Statutes, is repealed.
  737         Section 27. Subsection (2) of section 570.42, Florida
  738  Statutes, is amended to read:
  739         570.42 Dairy Industry Technical Council.—
  740         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
  741  COMPENSATION.—The meetings, powers and duties, procedures, and
  742  recordkeeping of the Dairy Industry Technical Council, and per
  743  diem and reimbursement of expenses of council members, shall be
  744  governed by the provisions of s. 570.0705 relating to advisory
  745  committees established within the department.
  746         Section 28. Subsections (6) and (7) are added to section
  747  570.50, Florida Statutes, to read:
  748         570.50 Division of Food Safety; powers and duties.—The
  749  duties of the Division of Food Safety include, but are not
  750  limited to:
  751         (6) Inspecting dairy farms of the state, enforcing those
  752  provisions of chapter 502 which are authorized by the department
  753  and related to the supervision of milking operations, and
  754  enforcing rules adopted under such provisions.
  755         (7) Inspecting milk plants, milk product plants, and plants
  756  engaged in the manufacture and distribution of frozen desserts
  757  and frozen dessert mixes; analyzing and testing samples of milk,
  758  milk products, frozen desserts, and frozen dessert mixes
  759  collected by it; and enforcing those provisions of chapters 502
  760  and 503 which are authorized by the department.
  761         Section 29. Subsection (2) of section 570.543, Florida
  762  Statutes, is amended to read:
  763         570.543 Florida Consumers’ Council.—The Florida Consumers’
  764  Council in the department is created to advise and assist the
  765  department in carrying out its duties.
  766         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
  767  COMPENSATION.—The meetings, powers and duties, procedures, and
  768  recordkeeping of the Florida Consumers’ Council, and per diem
  769  and reimbursement of expenses of council members, shall be
  770  governed by the provisions of s. 570.0705 relating to advisory
  771  committees established within the department. The council
  772  members or chair may call no more than two meetings.
  773         Section 30. Subsection (3) of section 570.954, Florida
  774  Statutes, is repealed.
  775         Section 31. Subsection (2) of section 571.28, Florida
  776  Statutes, is amended to read:
  777         571.28 Florida Agricultural Promotional Campaign Advisory
  778  Council.—
  779         (2) MEETINGS; POWERS AND DUTIES; PROCEDURES; RECORDS;
  780  COMPENSATION.—The meetings, powers and duties, procedures, and
  781  recordkeeping of the Florida Agricultural Promotional Campaign
  782  Advisory Council, and per diem and reimbursement of expenses of
  783  council members, shall be governed by the provisions of s.
  784  570.0705 relating to advisory committees established within the
  785  department.
  786         Section 32. Subsection (6) of section 573.112, Florida
  787  Statutes, as amended by section 11 of chapter 2010-227, Laws of
  788  Florida, is amended to read:
  789         573.112 Advisory council.—
  790         (6)  No member or alternate member of the council shall
  791  receive a salary, but shall be reimbursed for travel expenses
  792  while on council business as provided in s. 112.061. The
  793  department may employ necessary personnel, including
  794  professional and technical services personnel, and fix their
  795  compensation and terms of employment and may incur expenses to
  796  be paid from moneys collected as herein provided.
  797         Section 33. Subsection (3) of section 576.091, Florida
  798  Statutes, is amended to read:
  799         576.091 Fertilizer Technical Council.—
  800         (3) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
  801  REIMBURSEMENTS.—The meetings, powers and duties, procedures, and
  802  recordkeeping, and reimbursement of expenses of members and
  803  alternate members of the council shall be in accordance with the
  804  provisions of s. 570.0705 relating to advisory committees
  805  established within the department.
  806         Section 34. Subsection (2) of section 580.151, Florida
  807  Statutes, is amended to read:
  808         580.151 Commercial Feed Technical Council.—
  809         (2) POWERS AND DUTIES; PROCEDURES; RECORDS; COMPENSATION.
  810  The meetings, powers and duties, procedures, and recordkeeping
  811  of the Commercial Feed Technical Council, and per diem and
  812  reimbursement of expenses of council members, shall be governed
  813  by the provisions of s. 570.0705 relating to advisory committees
  814  established within the department.
  815         Section 35. Subsection (2) of section 581.186, Florida
  816  Statutes, is amended to read:
  817         581.186 Endangered Plant Advisory Council; organization;
  818  meetings; powers and duties.—
  819         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
  820  COMPENSATION.—The meetings, powers and duties, procedures, and
  821  recordkeeping of the Endangered Plant Advisory Council, and per
  822  diem and reimbursement of expenses of council members, shall be
  823  governed by the provisions of s. 570.0705 relating to advisory
  824  committees established within the department.
  825         Section 36. Subsection (3) of section 586.161, Florida
  826  Statutes, is amended to read:
  827         586.161 Honeybee Technical Council.—
  828         (3) MEETINGS; POWERS AND DUTIES; PROCEDURES; RECORDS;
  829  COMPENSATION.—The meetings, powers and duties, procedures, and
  830  recordkeeping of the Honeybee Technical Council, and per diem
  831  and reimbursement of expenses of council members, shall be
  832  governed by the provisions of s. 570.0705 relating to advisory
  833  committees established within the department.
  834         Section 37. Section 590.015, Florida Statutes, is amended
  835  to read:
  836         590.015 Definitions.—As used in this chapter, the term:
  837         (1) “Broadcast burning” means the burning of agricultural
  838  or natural vegetation by allowing fire to move across a
  839  predetermined area of land, but the term does not include the
  840  burning of vegetative debris that is piled or stacked.
  841         (2)(1) “Department Division” means the Division of Forestry
  842  of the Department of Agriculture and Consumer Services.
  843         (3)(2) “Fire management services” means presuppression
  844  fireline plowing, prescribed burning assistance, contract
  845  prescribed burning, prescribed and wildfire management training,
  846  and other activities associated with prevention, detection, and
  847  suppression of wildfires.
  848         (4)(3) “Fuel reduction” means the application of techniques
  849  that reduce vegetative fuels, and may include prescribed
  850  burning, manual and mechanical clearing, and the use of
  851  herbicides.
  852         (5) “Open burning” means any outdoor fire or open
  853  combustion of material which produces visible emissions.
  854         (6)(4) “Wildfire” means any vegetative fire that threatens
  855  to destroy life, property, or natural resources.
  856         (7)(5) “Wild land” means any public or private managed or
  857  unmanaged forest, urban/interface, pasture or range land,
  858  recreation lands, or any other land at risk of wildfire.
  859         Section 38. Subsections (1) and (4) of section 590.02,
  860  Florida Statutes, are amended, and subsections (9) and (10) are
  861  added to that section to read:
  862         590.02 Division powers, authority, and duties; liability;
  863  building structures; Florida Center for Wildfire and Forest
  864  Resources Management Training.—
  865         (1) The division has the following powers, authority, and
  866  duties:
  867         (a) To enforce the provisions of this chapter;
  868         (b) To prevent, detect, suppress, and extinguish wildfires
  869  wherever they may occur on public or private land in this state
  870  and to do all things necessary in the exercise of such powers,
  871  authority, and duties;
  872         (c) To provide firefighting crews, who shall be under the
  873  control and direction of the division and its designated agents;
  874         (d) To appoint center managers, forest area supervisors,
  875  forestry program administrators, a forest protection bureau
  876  chief, a forest protection assistant bureau chief, a field
  877  operations bureau chief, deputy chiefs of field operations,
  878  district managers, forest-operations administrators senior
  879  forest rangers, investigators, forest rangers, firefighter
  880  rotorcraft pilots, and other employees who may, at the
  881  division’s discretion, be certified as forestry firefighters
  882  pursuant to s. 633.35(4). Other provisions of law
  883  notwithstanding, center managers, district managers, forest
  884  protection assistant bureau chief, and deputy chiefs of field
  885  operations shall have Selected Exempt Service status in the
  886  state personnel designation;
  887         (e) To develop a training curriculum for forestry
  888  firefighters which must contain the basic volunteer structural
  889  fire training course approved by the Florida State Fire College
  890  of the Division of State Fire Marshal and a minimum of 250 hours
  891  of wildfire training;
  892         (f) To make rules to accomplish the purposes of this
  893  chapter;
  894         (g) To provide fire management services and emergency
  895  response assistance and to set and charge reasonable fees for
  896  performance of those services. Moneys collected from such fees
  897  shall be deposited into the Incidental Trust Fund of the
  898  division; and
  899         (h) To require all state, regional, and local government
  900  agencies operating aircraft in the vicinity of an ongoing
  901  wildfire to operate in compliance with the applicable state
  902  Wildfire Aviation Plan.
  903         (4)(a) The department may build structures, notwithstanding
  904  chapters 216 and 255, not to exceed a cost of $50,000 per
  905  structure from existing resources on forest lands, federal
  906  excess property, and unneeded existing structures. These
  907  structures must meet all applicable building codes.
  908         (b) Notwithstanding s. 553.80(1), the Florida Building Code
  909  as it pertains to wildfire and law enforcement facilities under
  910  the jurisdiction of the department shall be enforced exclusively
  911  by the department.
  912         (9)(a) Notwithstanding ss. 273.055 and 287.16, the
  913  department may retain, transfer, warehouse, bid, destroy, scrap,
  914  or otherwise dispose of surplus equipment and vehicles that are
  915  used for wildland firefighting.
  916         (b) All money received from the disposition of state-owned
  917  equipment and vehicles that are used for wildland firefighting
  918  shall be retained by the department. Money received pursuant to
  919  this section is appropriated for and may be disbursed for the
  920  acquisition of exchange and surplus equipment used for wildland
  921  firefighting, and for all necessary operating expenditures
  922  related to such equipment, in the same fiscal year and the
  923  fiscal year following the disposition. The department shall
  924  maintain records of the accounts into which the money is
  925  deposited.
  926         (10)(a) The division has exclusive authority to require and
  927  issue authorizations for broadcast burning, agricultural pile
  928  burning, and silvicultural pile burning. An agency, commission,
  929  department, county, municipality, or other political subdivision
  930  of the state may not adopt laws, rules, or policies pertaining
  931  to broadcast burning, agricultural pile burning, and
  932  silvicultural pile burning unless an emergency order has been
  933  declared in accordance with s. 252.38(3).
  934         (b) The division may delegate to a county or municipality
  935  its authority, as delegated by the Department of Environmental
  936  Protection pursuant to ss. 403.061(28) and 403.081, to require
  937  and issue authorizations for the burning of yard trash and
  938  debris from land-clearing operations in accordance with s.
  939  590.125(6).
  940         Section 39. Section 590.125, Florida Statutes, is amended
  941  to read:
  942         590.125 Open burning authorized by the division.—
  943         (1) DEFINITIONS.—As used in this section, the term:
  944         (a) “Certified pile burner” means an individual who
  945  successfully completes the division’s pile burning certification
  946  program and possesses a valid pile burner certification number.
  947  “Prescribed burning” means the controlled application of fire in
  948  accordance with a written prescription for vegetative fuels
  949  under specified environmental conditions while following
  950  appropriate precautionary measures that ensure that the fire is
  951  confined to a predetermined area to accomplish the planned fire
  952  or land-management objectives.
  953         (b) “Certified prescribed burn manager” means an individual
  954  who successfully completes the certified prescribed burning
  955  certification program of the division and possesses a valid
  956  certification number.
  957         (c) “Prescription” means a written plan establishing the
  958  criteria necessary for starting, controlling, and extinguishing
  959  a prescribed burn.
  960         (c)(d) “Extinguished” means: that no spreading flame for
  961         1. Wild land burning or certified prescribed burning, and
  962  no spreading flames visible flame, smoke, or emissions for
  963  vegetative land-clearing debris burning, exist.
  964         2. Vegetative land-clearing debris burning or pile burning,
  965  and no visible flames exist.
  966         3. Vegetative land-clearing debris burning or pile burning
  967  in an area designated as smoke-sensitive by the division and no
  968  visible flames, smoke, or emissions exist.
  969         (d) “Land-clearing operation” means the uprooting or
  970  clearing of vegetation in connection with the construction of
  971  buildings and rights-of-way, land development, and mineral
  972  operations. The term does not include the clearing of yard
  973  trash.
  974         (e) “Pile burning” means the burning of silvicultural,
  975  agricultural, or land-clearing and tree-cutting debris
  976  originating onsite, which is stacked together in a round or
  977  linear fashion, including, but not limited to, a windrow.
  978         (f) “Prescribed burning” means the controlled application
  979  of fire by broadcast burning in accordance with a written
  980  prescription for vegetative fuels under specified environmental
  981  conditions while following appropriate precautionary measures
  982  that ensure that the fire is confined to a predetermined area to
  983  accomplish the planned fire or land-management objectives.
  984         (g) “Prescription” means a written plan that establishes
  985  the criteria necessary for starting, controlling, and
  986  extinguishing a prescribed burn.
  987         (h) “Yard trash” means vegetative matter resulting from
  988  landscaping and yard maintenance operations and other such
  989  routine property-cleanup activities. The term includes materials
  990  such as leaves, shrub trimmings, grass clippings, brush, and
  991  palm fronds.
  992         (2) NONCERTIFIED BURNING.—
  993         (a) Persons may be authorized to burn wild land or
  994  vegetative land-clearing debris in accordance with this
  995  subsection if:
  996         1. There is specific consent of the landowner or his or her
  997  designee;
  998         2. Authorization has been obtained from the division or its
  999  designated agent before starting the burn;
 1000         3. There are adequate firebreaks at the burn site and
 1001  sufficient personnel and firefighting equipment for the control
 1002  of the fire;
 1003         4. The fire remains within the boundary of the authorized
 1004  area;
 1005         5. An authorized person Someone is present at the burn site
 1006  until the fire is extinguished;
 1007         6. The division does not cancel the authorization; and
 1008         7. The division determines that air quality and fire danger
 1009  are favorable for safe burning.
 1010         (b) A person who burns wild land or vegetative land
 1011  clearing debris in a manner that violates any requirement of
 1012  this subsection commits a misdemeanor of the second degree,
 1013  punishable as provided in s. 775.082 or s. 775.083.
 1014         (3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
 1015  PURPOSE.—
 1016         (a) The application of prescribed burning is a land
 1017  management tool that benefits the safety of the public, the
 1018  environment, and the economy of the state. The Legislature finds
 1019  that:
 1020         1. Prescribed burning reduces vegetative fuels within wild
 1021  land areas. Reduction of the fuel load reduces the risk and
 1022  severity of wildfire, thereby reducing the threat of loss of
 1023  life and property, particularly in urban areas.
 1024         2. Most of Florida’s natural communities require periodic
 1025  fire for maintenance of their ecological integrity. Prescribed
 1026  burning is essential to the perpetuation, restoration, and
 1027  management of many plant and animal communities. Significant
 1028  loss of the state’s biological diversity will occur if fire is
 1029  excluded from fire-dependent systems.
 1030         3. Forestland and rangeland constitute significant
 1031  economic, biological, and aesthetic resources of statewide
 1032  importance. Prescribed burning on forestland prepares sites for
 1033  reforestation, removes undesirable competing vegetation,
 1034  expedites nutrient cycling, and controls or eliminates certain
 1035  forest pathogens. On rangeland, prescribed burning improves the
 1036  quality and quantity of herbaceous vegetation necessary for
 1037  livestock production.
 1038         4. The state purchased hundreds of thousands of acres of
 1039  land for parks, preserves, wildlife management areas, forests,
 1040  and other public purposes. The use of prescribed burning for
 1041  management of public lands is essential to maintain the specific
 1042  resource values for which these lands were acquired.
 1043         5. A public education program is necessary to make citizens
 1044  and visitors aware of the public safety, resource, and economic
 1045  benefits of prescribed burning.
 1046         6. Proper training in the use of prescribed burning is
 1047  necessary to ensure maximum benefits and protection for the
 1048  public.
 1049         7. As Florida’s population continues to grow, pressures
 1050  from liability issues and nuisance complaints inhibit the use of
 1051  prescribed burning. Therefore, the division is urged to maximize
 1052  the opportunities for prescribed burning conducted during its
 1053  daytime and nighttime authorization process.
 1054         (b) Certified prescribed burning pertains only to broadcast
 1055  burning for purposes of silviculture, wildland fire hazard
 1056  reduction, wildlife management, ecological maintenance and
 1057  restoration, and range and pasture management. It must be
 1058  conducted in accordance with this subsection and:
 1059         1. May be accomplished only when a certified prescribed
 1060  burn manager is present on site with a copy of the prescription
 1061  from ignition of the burn to its completion.
 1062         2. Requires that a written prescription be prepared before
 1063  receiving authorization to burn from the division.
 1064         3. Requires that the specific consent of the landowner or
 1065  his or her designee be obtained before requesting an
 1066  authorization.
 1067         4. Requires that an authorization to burn be obtained from
 1068  the division before igniting the burn.
 1069         5. Requires that there be adequate firebreaks at the burn
 1070  site and sufficient personnel and firefighting equipment for the
 1071  control of the fire.
 1072         6. Is considered to be in the public interest and does not
 1073  constitute a public or private nuisance when conducted under
 1074  applicable state air pollution statutes and rules.
 1075         7. Is considered to be a property right of the property
 1076  owner if vegetative fuels are burned as required in this
 1077  subsection.
 1078         (c) Neither a property owner nor his or her agent is liable
 1079  pursuant to s. 590.13 for damage or injury caused by the fire or
 1080  resulting smoke or considered to be in violation of subsection
 1081  (2) for burns conducted in accordance with this subsection
 1082  unless gross negligence is proven.
 1083         (d) Any certified burner who violates this section commits
 1084  a misdemeanor of the second degree, punishable as provided in s.
 1085  775.082 or s. 775.083.
 1086         (e) The division shall adopt rules for the use of
 1087  prescribed burning and for certifying and decertifying certified
 1088  prescribed burn managers based on their past experience,
 1089  training, and record of compliance with this section.
 1090         (4) CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND
 1091  PURPOSE.—
 1092         (a) Certified pile burning pertains to the disposal of
 1093  piled, naturally occurring debris from an agricultural,
 1094  silvicultural, or temporary land-clearing operation. A land
 1095  clearing operation is temporary if it operates for 6 months or
 1096  less. Certified pile burning must be conducted in accordance
 1097  with this subsection, and:
 1098         1. A certified pile burner must ensure, before ignition,
 1099  that the piles are properly placed and that the content of the
 1100  piles is conducive to efficient burning.
 1101         2. A certified pile burner must ensure that the piles are
 1102  properly extinguished no later than 1 hour after sunset. If the
 1103  burn is conducted in an area designated as smoke-sensitive by
 1104  the division, a certified pile burner shall ensure that the
 1105  piles are properly extinguished at least 1 hour before sunset.
 1106         3. A written pile burn plan must be prepared before
 1107  receiving authorization from the division to burn.
 1108         4. The specific consent of the landowner or his or her
 1109  agent must be obtained before requesting authorization to burn.
 1110         5. An authorization to burn must be obtained from the
 1111  division or its designated agent before igniting the burn.
 1112         6. There must be adequate firebreaks and sufficient
 1113  personnel and firefighting equipment at the burn site to control
 1114  the fire.
 1115         (b) If a burn is conducted in accordance with this
 1116  subsection, the property owner and his or her agent are not
 1117  liable under s. 590.13 for damage or injury caused by the fire
 1118  or resulting smoke, and are not in violation of subsection (2),
 1119  unless gross negligence is proven.
 1120         (c) A certified pile burner who violates this section
 1121  commits a misdemeanor of the second degree, punishable as
 1122  provided in s. 775.082 or s. 775.083.
 1123         (d) The division shall adopt rules regulating certified
 1124  pile burning. The rules shall include procedures and criteria
 1125  for certifying and decertifying certified pile burn managers
 1126  based on past experience, training, and record of compliance
 1127  with this section.
 1128         (5)(4) WILDFIRE HAZARD REDUCTION TREATMENT BY THE
 1129  DIVISION.—The division may conduct fuel reduction initiatives,
 1130  including, but not limited to, burning and mechanical and
 1131  chemical treatment, on any area of wild land within the state
 1132  which is reasonably determined to be in danger of wildfire in
 1133  accordance with the following procedures:
 1134         (a) Describe the areas that will receive fuels treatment to
 1135  the affected local governmental entity.
 1136         (b) Publish a treatment notice, including a description of
 1137  the area to be treated, in a conspicuous manner in at least one
 1138  newspaper of general circulation in the area of the treatment
 1139  not less than 10 days before the treatment.
 1140         (c) Prepare, and send the county tax collector shall
 1141  include with the annual tax statement, a notice to be sent to
 1142  all landowners in each area township designated by the division
 1143  as a wildfire hazard area. The notice must describe particularly
 1144  the area to be treated and the tentative date or dates of the
 1145  treatment and must list the reasons for and the expected
 1146  benefits from the wildfire hazard reduction.
 1147         (d) Consider any landowner objections to the fuels
 1148  treatment of his or her property. The landowner may apply to the
 1149  director of the division for a review of alternative methods of
 1150  fuel reduction on the property. If the director or his or her
 1151  designee does not resolve the landowner objection, the director
 1152  shall convene a panel made up of the local forestry unit
 1153  manager, the fire chief of the jurisdiction, and the affected
 1154  county or city manager, or any of their designees. If the
 1155  panel’s recommendation is not acceptable to the landowner, the
 1156  landowner may request further consideration by the Commissioner
 1157  of Agriculture or his or her designee and shall thereafter be
 1158  entitled to an administrative hearing pursuant to the provisions
 1159  of chapter 120.
 1160         (6)DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN-BURNING
 1161  AUTHORIZATION PROGRAMS.—
 1162         (a) A county or municipality may exercise the division’s
 1163  authority, if delegated by the division under this subsection,
 1164  to issue authorizations for the burning of yard trash or debris
 1165  from land-clearing operations. A county’s or municipality’s
 1166  existing or proposed open-burning-authorization program must:
 1167         1. Be approved by the division. The division may not
 1168  approve a program if it fails to meet the requirements of
 1169  subsections (2) and (4) and any rules adopted in accordance with
 1170  those subsections.
 1171         2. Provide by ordinance or local law the requirements for
 1172  obtaining and performing a burn authorization that complies with
 1173  subsections (2) and (4) and any rules adopted in accordance with
 1174  those subsections.
 1175         3. Provide for the enforcement of the program’s
 1176  requirements.
 1177         4. Provide financial, personnel, and other resources needed
 1178  to carry out the program.
 1179         (b) If the division determines that a county’s or
 1180  municipality’s open-burning-authorization program does not
 1181  comply with subsections (2) and (4) and any rules adopted in
 1182  accordance with those subsections, the division shall require
 1183  the county or municipality to take necessary corrective actions
 1184  within a reasonable period, not to exceed 90 days.
 1185         1. If the county or municipality fails to take the
 1186  necessary corrective actions within the required period, the
 1187  division shall resume administration of the open-burning
 1188  authorization program in the county or municipality and the
 1189  county or municipality shall cease administration of its
 1190  program.
 1191         2. Each county and municipality administering an open
 1192  burning-authorization program must cooperate with and assist the
 1193  division in carrying out the powers, duties, and functions of
 1194  the division.
 1195         3. A person who violates the requirements of a county’s or
 1196  municipality’s open-burning-authorization program, as provided
 1197  by ordinance or local law enacted pursuant to this subsection,
 1198  commits a violation of this chapter, punishable as provided in
 1199  s. 590.14.
 1200         (7)(5) DUTIES OF AGENCIES.—The Department of Education
 1201  shall incorporate, where feasible and appropriate, the issues of
 1202  fuels treatment, including prescribed burning, into its
 1203  educational materials.
 1204         Section 40. Section 590.14, Florida Statutes, is amended to
 1205  read:
 1206         590.14 Notice of violation; penalties.—
 1207         (1) If a division employee determines that a person has
 1208  violated chapter 589, or this chapter, or any rule adopted by
 1209  the division to administer provisions of law which confer duties
 1210  upon the division, the employee of the division he or she may
 1211  issue a notice of violation indicating the statute or rule
 1212  violated. This notice shall will be filed with the division and
 1213  a copy forwarded to the appropriate law enforcement entity for
 1214  further action if necessary.
 1215         (2) In addition to any penalties provided by law, any
 1216  person who causes a wildfire or permits any authorized fire to
 1217  escape the boundaries of the authorization or to burn past the
 1218  time of the authorization is liable for the payment of all
 1219  reasonable costs and expenses incurred in suppressing the fire
 1220  or $150, whichever is greater. All costs and expenses incurred
 1221  by the division shall be payable to the division. When such
 1222  costs and expenses are not paid within 30 days after demand, the
 1223  division may take proper legal proceedings for the collection of
 1224  the costs and expenses. Those costs incurred by an agency acting
 1225  at the division’s direction are recoverable by that agency.
 1226         (3) The department may also impose an administrative fine,
 1227  not to exceed $1,000 per violation of any section of chapter 589
 1228  or this chapter or violation of any rule adopted by the division
 1229  to administer provisions of law which confer duties upon the
 1230  division. The fine shall be based upon the degree of damage, the
 1231  prior violation record of the person, and whether the person
 1232  knowingly provided false information to obtain an authorization.
 1233  The fines shall be deposited in the Incidental Trust Fund of the
 1234  division.
 1235         (4) A person commits a misdemeanor of the second degree,
 1236  punishable as provided in s. 775.082 or s. 775.083, if the
 1237  person:
 1238         (a) Fails to comply with any rule or order adopted by the
 1239  division to administer provisions of law conferring duties upon
 1240  the division; or
 1241         (b) Knowingly makes any false statement or representation
 1242  in any application, record, plan, or other document required by
 1243  this chapter or any rules adopted under this chapter.
 1244         (5) It is the intent of the Legislature that a penalty
 1245  imposed by a court under subsection (4) be of a severity that
 1246  ensures immediate and continued compliance with this section.
 1247         (6)(4) The penalties provided in this section shall extend
 1248  to both the actual violator and the person or persons, firm, or
 1249  corporation causing, directing, or permitting the violation.
 1250         Section 41. Subsection (4) of section 597.005, Florida
 1251  Statutes, is repealed.
 1252         Section 42. Subsection (2) of section 599.002, Florida
 1253  Statutes, is amended to read:
 1254         599.002 Viticulture Advisory Council.—
 1255         (2) The meetings, powers and duties, procedures, and
 1256  recordkeeping of the Viticulture Advisory Council, and per diem
 1257  and reimbursement of expenses of council members, shall be
 1258  governed by the provisions of s. 570.0705 relating to advisory
 1259  committees established within the department.
 1260         Section 43. Subsection (4) is added to section 616.17,
 1261  Florida Statutes, to read:
 1262         616.17 Minimum exhibits.—
 1263         (4) A fair, as defined in this chapter, which provides any
 1264  of the exhibits as set forth in subsection (1) or other exhibits
 1265  or concessions, whether such exhibits or concessions are
 1266  provided directly or through an agreement with a third party, is
 1267  not subject to criminal penalties or civil damages arising out
 1268  of the personal injury or death of any person, or property
 1269  damage, resulting from such exhibits or concessions. This
 1270  subsection does not apply if the personal injury, death, or
 1271  property damage was due to an act or omission that was committed
 1272  by the fair association in bad faith or with malicious purpose
 1273  or in a manner exhibiting wanton and willful disregard of human
 1274  rights, safety, or property. This subsection does not apply to a
 1275  third party providing exhibits or concessions.
 1276         Section 44. Paragraph (a) of subsection (1) and subsection
 1277  (3) of section 616.252, Florida Statutes, are amended to read:
 1278         616.252 Florida State Fair Authority; membership; number,
 1279  terms, compensation.—
 1280         (1)(a) The authority shall be composed of 22 21 members.
 1281  The Commissioner of Agriculture, or her or his designee, shall
 1282  serve as a voting member. There shall also be a member who is
 1283  the member of the Board of County Commissioners of Hillsborough
 1284  County representing the county commission district in which the
 1285  Florida State Fairgrounds is located, who shall serve as a
 1286  voting member. There shall also be an appointed youth member who
 1287  is an active member of the Florida Future Farmers of America or
 1288  of a 4-H Club, and who shall serve as a nonvoting member. The
 1289  Commissioner of Agriculture shall appoint each other member of
 1290  the authority. Each member appointed by the Commissioner of
 1291  Agriculture shall serve at the pleasure of the Commissioner of
 1292  Agriculture. The term of each member appointed by the
 1293  Commissioner of Agriculture shall be 4 years, but the term of
 1294  the nonvoting youth member shall be for 1 year except, to
 1295  provide staggered terms, 9 of the members shall be initially
 1296  appointed for a 2-year term and 10 of the members shall be
 1297  initially appointed for a 3-year term. Members may be appointed
 1298  for more than one term. Any vacancy shall be filled for the
 1299  remainder of the unexpired term pursuant to the method provided
 1300  in this section for appointment. Six of the members may be from
 1301  Hillsborough County. The Commissioner of Agriculture shall
 1302  appoint and set the compensation of an executive director. The
 1303  executive director shall serve at the pleasure of the
 1304  Commissioner of Agriculture.
 1305         (3) Members of the authority are shall not be entitled to
 1306  compensation for their services as members and may not, but
 1307  shall be reimbursed for travel expenses. Except for the
 1308  nonvoting youth member, each member as provided in s. 112.061
 1309  and may be compensated for any special or full-time service
 1310  performed in the authority’s its behalf as officers or agents of
 1311  the authority.
 1312         Section 45. Paragraph (c) of subsection (2) of section
 1313  812.014, Florida Statutes, is amended to read:
 1314         812.014 Theft.—
 1315         (2)
 1316         (c) It is grand theft of the third degree and a felony of
 1317  the third degree, punishable as provided in s. 775.082, s.
 1318  775.083, or s. 775.084, if the property stolen is:
 1319         1. Valued at $300 or more, but less than $5,000.
 1320         2. Valued at $5,000 or more, but less than $10,000.
 1321         3. Valued at $10,000 or more, but less than $20,000.
 1322         4. A will, codicil, or other testamentary instrument.
 1323         5. A firearm.
 1324         6. A motor vehicle, except as provided in paragraph (a).
 1325         7. Any commercially farmed animal, including any animal of
 1326  the equine, bovine, or swine class, or other grazing animal,
 1327  including bee colonies of registered bee keepers and including
 1328  aquaculture species raised at a certified aquaculture facility.
 1329  If the property stolen is aquaculture species raised at a
 1330  certified aquaculture facility, then a $10,000 fine shall be
 1331  imposed.
 1332         8. Any fire extinguisher.
 1333         9. Any amount of citrus fruit consisting of 2,000 or more
 1334  individual pieces of fruit.
 1335         10. Taken from a designated construction site identified by
 1336  the posting of a sign as provided for in s. 810.09(2)(d).
 1337         11. Any stop sign.
 1338         12. Anhydrous ammonia.
 1339  
 1340  However, if the property is stolen within a county that is
 1341  subject to a state of emergency declared by the Governor under
 1342  chapter 252, the property is stolen after the declaration of
 1343  emergency is made, and the perpetration of the theft is
 1344  facilitated by conditions arising from the emergency, the
 1345  offender commits a felony of the second degree, punishable as
 1346  provided in s. 775.082, s. 775.083, or s. 775.084, if the
 1347  property is valued at $5,000 or more, but less than $10,000, as
 1348  provided under subparagraph 2., or if the property is valued at
 1349  $10,000 or more, but less than $20,000, as provided under
 1350  subparagraph 3. As used in this paragraph, the term “conditions
 1351  arising from the emergency” means civil unrest, power outages,
 1352  curfews, voluntary or mandatory evacuations, or a reduction in
 1353  the presence of or the response time for first responders or
 1354  homeland security personnel. For purposes of sentencing under
 1355  chapter 921, a felony offense that is reclassified under this
 1356  paragraph is ranked one level above the ranking under s.
 1357  921.0022 or s. 921.0023 of the offense committed.
 1358         Section 46. Paragraphs (f) and (g) of subsection (1) of
 1359  section 812.015, Florida Statutes, are amended to read:
 1360         812.015 Retail and farm theft; transit fare evasion;
 1361  mandatory fine; alternative punishment; detention and arrest;
 1362  exemption from liability for false arrest; resisting arrest;
 1363  penalties.—
 1364         (1) As used in this section:
 1365         (f) “Farmer” means a person who is engaging in the growing
 1366  or producing of farm produce, milk products, honey, eggs, or
 1367  meat, either part time or full time, for personal consumption or
 1368  for sale and who is the owner or lessee of the land or a person
 1369  designated in writing by the owner or lessee to act as her or
 1370  his agent. No person defined as a farm labor contractor pursuant
 1371  to s. 450.28 shall be designated to act as an agent for purposes
 1372  of this section.
 1373         (g) “Farm theft” means the unlawful taking possession of
 1374  any items that are grown or produced on land owned, rented, or
 1375  leased by another person. The term also includes equipment and
 1376  associated materials used to grow or produce farm products as
 1377  defined in s. 823.14(3)(c).
 1378         Section 47. This act shall take effect October 1, 2011.