Florida Senate - 2012               CS for CS for CS for SB 1184
       
       
       
       By the Committees on Criminal Justice; Transportation; and
       Agriculture; and Senator Norman
       
       
       
       591-03544-12                                          20121184c3
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending s. 163.3162, F.S.;
    4         defining the term “governmental entity”; prohibiting
    5         certain governmental entities from charging stormwater
    6         management assessments or fees on certain bona fide
    7         farm operations except under certain circumstances;
    8         providing for applicability; amending s. 206.41, F.S.;
    9         revising the definition of the term “agricultural and
   10         aquacultural purposes” for purposes of the required
   11         refund of state taxes imposed on motor fuel used for
   12         such purposes; requiring that the portion of fuel
   13         sales tax collected from a county sheriff’s office be
   14         returned to the sheriff’s office to offset the ongoing
   15         fuel costs; authorizing a sheriff’s office that is
   16         licensed as a local government user to take a credit
   17         on the monthly diesel fuel tax return under prescribed
   18         conditions; amending s. 206.625, F.S.; requiring that
   19         the portion of the county fuel tax paid by a county
   20         sheriff’s office be returned to offset ongoing fuel
   21         costs; amending s. 316.515, F.S.; revising the Florida
   22         Uniform Traffic Control Law to authorize the use of
   23         citrus harvesting equipment and citrus fruit loaders
   24         to transport certain agricultural products and to
   25         authorize the use of certain motor vehicles to
   26         transport citrus; amending s. 493.6120, F.S.;
   27         providing that a person who engages in any activity
   28         for which ch. 493, F.S., requires a license, but who
   29         acts without having a license, commits a misdemeanor
   30         of the first degree; providing that such person
   31         commits a felony of the third degree for a second or
   32         subsequent offense of engaging in activities without a
   33         license; authorizing the Department of Agriculture and
   34         Consumer Services to impose a civil penalty not to
   35         exceed a specified amount; providing that penalties do
   36         not apply if the person engaged in unlicensed activity
   37         within 90 days after the expiration date of the
   38         person’s license; providing that a person who, while
   39         impersonating a security officer, private
   40         investigator, recovery agent, or other person required
   41         to have a license under ch. 493, F.S., knowingly and
   42         intentionally forces another person to assist the
   43         impersonator in an activity within the scope of duty
   44         of a professional licensed under ch. 493, F.S.,
   45         commits a felony of the third degree; providing that a
   46         person who impersonates a security officer or other
   47         designated officer during the commission of a felony
   48         commits a felony of the second degree; providing that
   49         a person who impersonates a security officer or other
   50         designated officer during the commission of a felony
   51         that results in death or serious bodily injury to
   52         another human being commits a felony of the first
   53         degree; authorizing a licensed security officer or a
   54         licensed security agency manager to detain a person on
   55         the premises of a critical infrastructure facility in
   56         certain circumstances; requiring the security officer
   57         to notify the law enforcement agency as soon as
   58         possible; requiring that custody of any person
   59         temporarily detained be immediately transferred to the
   60         responding law enforcement officer; providing for an
   61         exception to the immediate transfer; providing that
   62         the responsibilities of the security officer are
   63         limited to specified locations; prohibiting a security
   64         officer from detaining a person longer than is
   65         reasonably necessary; authorizing the security officer
   66         to search the person detained under certain
   67         circumstances; defining the term “critical
   68         infrastructure facility”; providing identification
   69         requirements for certain licensed security officers;
   70         amending s. 570.07, F.S.; revising the powers and
   71         duties of the Department of Agriculture and Consumer
   72         Services to enforce laws and rules relating to the use
   73         of commercial stock feeds; amending s. 580.036, F.S.;
   74         authorizing the department to adopt rules establishing
   75         certain standards for regulating commercial feed or
   76         feedstuff; requiring the department to consult with
   77         the Commercial Feed Technical Council in the
   78         development of such rules; providing an effective
   79         date.
   80                                                                  
   81  Be It Enacted by the Legislature of the State of Florida:
   82  
   83         Section 1. Paragraph (d) is added to subsection (2) of
   84  section 163.3162, Florida Statutes, and paragraphs (b), (c), and
   85  (i) of subsection (3) of that section are amended to read:
   86         163.3162 Agricultural Lands and Practices.—
   87         (2) DEFINITIONS.—As used in this section, the term:
   88         (d) “Governmental entity” has the same meaning as provided
   89  in s. 164.1031.
   90         (3) DUPLICATION OF REGULATION.—Except as otherwise provided
   91  in this section and s. 487.051(2), and notwithstanding any other
   92  law, including any provision of chapter 125 or this chapter:
   93         (b) A governmental entity county may not charge an
   94  assessment or fee for stormwater management on a bona fide farm
   95  operation on land classified as agricultural land pursuant to s.
   96  193.461, if the farm operation has a National Pollutant
   97  Discharge Elimination System permit, environmental resource
   98  permit, or works-of-the-district permit or implements best
   99  management practices adopted as rules under chapter 120 by the
  100  Department of Environmental Protection, the Department of
  101  Agriculture and Consumer Services, or a water management
  102  district as part of a statewide or regional program.
  103         (c) For each governmental entity county that, before March
  104  1, 2009, adopted a stormwater utility ordinance or resolution,
  105  adopted an ordinance or resolution establishing a municipal
  106  services benefit unit, or adopted a resolution stating the
  107  governmental entity’s county’s intent to use the uniform method
  108  of collection pursuant to s. 197.3632 for such stormwater
  109  ordinances, the governmental entity county may continue to
  110  charge an assessment or fee for stormwater management on a bona
  111  fide farm operation on land classified as agricultural pursuant
  112  to s. 193.461, if the ordinance or resolution provides credits
  113  against the assessment or fee on a bona fide farm operation for
  114  the water quality or flood control benefit of:
  115         1. The implementation of best management practices adopted
  116  as rules under chapter 120 by the Department of Environmental
  117  Protection, the Department of Agriculture and Consumer Services,
  118  or a water management district as part of a statewide or
  119  regional program;
  120         2. The stormwater quality and quantity measures required as
  121  part of a National Pollutant Discharge Elimination System
  122  permit, environmental resource permit, or works-of-the-district
  123  permit; or
  124         3. The implementation of best management practices or
  125  alternative measures which the landowner demonstrates to the
  126  governmental entity county to be of equivalent or greater
  127  stormwater benefit than those provided by implementation of best
  128  management practices adopted as rules under chapter 120 by the
  129  Department of Environmental Protection, the Department of
  130  Agriculture and Consumer Services, or a water management
  131  district as part of a statewide or regional program, or
  132  stormwater quality and quantity measures required as part of a
  133  National Pollutant Discharge Elimination System permit,
  134  environmental resource permit, or works-of-the-district permit.
  135         (i) The provisions of this subsection that limit a
  136  governmental entity’s county’s authority to adopt or enforce any
  137  ordinance, regulation, rule, or policy, or to charge any
  138  assessment or fee for stormwater management, apply only to a
  139  bona fide farm operation as described in this subsection.
  140         Section 2. Paragraph (c) of subsection (4) of section
  141  206.41, Florida Statutes, is amended, and paragraph (f) is added
  142  to that subsection, to read:
  143         206.41 State taxes imposed on motor fuel.—
  144         (4)
  145         (c)1. Any person who uses any motor fuel for agricultural,
  146  aquacultural, commercial fishing, or commercial aviation
  147  purposes on which fuel the tax imposed by paragraph (1)(e),
  148  paragraph (1)(f), or paragraph (1)(g) has been paid is entitled
  149  to a refund of such tax.
  150         2. For the purposes of this paragraph, “agricultural and
  151  aquacultural purposes” means motor fuel used in any tractor,
  152  vehicle, or other farm equipment which is used exclusively on a
  153  farm or for processing farm products on the farm, and no part of
  154  which fuel is used in any vehicle or equipment driven or
  155  operated upon the public highways of this state. This
  156  restriction does not apply to the movement of a farm vehicle, or
  157  farm equipment, citrus harvesting equipment, or citrus fruit
  158  loaders between farms. The transporting of bees by water and the
  159  operating of equipment used in the apiary of a beekeeper shall
  160  be also deemed an agricultural purpose.
  161         3. For the purposes of this paragraph, “commercial fishing
  162  and aquacultural purposes” means motor fuel used in the
  163  operation of boats, vessels, or equipment used exclusively for
  164  the taking of fish, crayfish, oysters, shrimp, or sponges from
  165  salt or fresh waters under the jurisdiction of the state for
  166  resale to the public, and no part of which fuel is used in any
  167  vehicle or equipment driven or operated upon the highways of
  168  this state; however, the term may in no way be construed to
  169  include fuel used for sport or pleasure fishing.
  170         4. For the purposes of this paragraph, “commercial aviation
  171  purposes” means motor fuel used in the operation of aviation
  172  ground support vehicles or equipment, no part of which fuel is
  173  used in any vehicle or equipment driven or operated upon the
  174  public highways of this state.
  175         (f) The portion of the tax imposed by paragraph (1)(g)
  176  which results from the collection of fuel sales tax paid by a
  177  county sheriff’s office for fuel used in motor vehicles operated
  178  by the sheriff’s office shall be returned to the sheriff’s
  179  office. The sheriff’s office shall use the proceeds to offset
  180  ongoing fuel costs. A sheriff’s office, if licensed as a local
  181  government user, may take a credit on the monthly diesel fuel
  182  tax return not to exceed the tax imposed under paragraphs (1)(b)
  183  and (g) on those gallons which would otherwise be eligible for
  184  refund.
  185         Section 3. Subsection (3) is added to section 206.625,
  186  Florida Statutes, to read:
  187         206.625 Return of tax to municipalities, counties, and
  188  school districts.—
  189         (3) Those portions of the county fuel tax imposed by s.
  190  206.41(1)(b) which result from the collection of the taxes paid
  191  by a county sheriff’s office for fuel used in motor vehicles
  192  operated by the sheriff’s office shall be returned to the
  193  sheriff’s office. The sheriff’s office shall use the proceeds to
  194  offset ongoing fuel costs.
  195         Section 4. Paragraph (a) of subsection (5) of section
  196  316.515, Florida Statutes, is amended to read:
  197         316.515 Maximum width, height, length.—
  198         (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
  199  AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.—
  200         (a) Notwithstanding any other provisions of law, straight
  201  trucks, agricultural tractors, citrus harvesting equipment,
  202  citrus fruit loaders, and cotton module movers, not exceeding 50
  203  feet in length, or any combination of up to and including three
  204  implements of husbandry, including the towing power unit, and
  205  any single agricultural trailer with a load thereon or any
  206  agricultural implements attached to a towing power unit, or a
  207  self-propelled agricultural implement or an agricultural
  208  tractor, is authorized for the purpose of transporting peanuts,
  209  grains, soybeans, citrus, cotton, hay, straw, or other
  210  perishable farm products from their point of production to the
  211  first point of change of custody or of long-term storage, and
  212  for the purpose of returning to such point of production, or for
  213  the purpose of moving such tractors, movers, and implements from
  214  one point of agricultural production to another, by a person
  215  engaged in the production of any such product or custom hauler,
  216  if such vehicle or combination of vehicles otherwise complies
  217  with this section. The Department of Transportation may issue
  218  overlength permits for cotton module movers greater than 50 feet
  219  but not more than 55 feet in overall length. Such vehicles shall
  220  be operated in accordance with all safety requirements
  221  prescribed by law and rules of the Department of Transportation.
  222         Section 5. Section 493.6120, Florida Statutes, is amended
  223  to read:
  224         493.6120 Violations; penalty.—
  225         (1)(a) Except as provided in paragraph (c), a person who
  226  engages in any activity for which this chapter requires a
  227  license and who does not hold the required license commits a
  228  misdemeanor of the first degree, punishable as provided in s.
  229  775.082 or s. 775.083.
  230         (b) A second or subsequent violation of paragraph (a) is a
  231  felony of the third degree, punishable as provided in s.
  232  775.082, s. 775.083, or s. 775.084, and the department may seek
  233  the imposition of a civil penalty not to exceed $10,000.
  234         (c) Paragraph (a) does not apply if the person engages in
  235  unlicensed activity within 90 days after the date of the
  236  expiration of his or her license.
  237         (2)(a) A person who, while impersonating a security
  238  officer, private investigator, recovery agent, or other person
  239  required to have a license under this chapter, knowingly and
  240  intentionally forces another person to assist the impersonator
  241  in an activity within the scope of duty of a professional
  242  licensed under this chapter commits a felony of the third
  243  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  244  775.084.
  245         (b) A person who violates paragraph (a) during the course
  246  of committing a felony commits a felony of the second degree,
  247  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  248         (c) A person who violates paragraph (a) during the course
  249  of committing a felony that results in death or serious bodily
  250  injury to another human being commits a felony of the first
  251  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  252  775.084.
  253         (3)(1)A Any person who violates any provision of this
  254  chapter, except s. 493.6405, subsection (1), or subsection (2),
  255  commits a misdemeanor of the first degree, punishable as
  256  provided in s. 775.082 or s. 775.083.
  257         (4)(2)A Any person who is convicted of any violation of
  258  this chapter is shall not be eligible for licensure for a period
  259  of 5 years.
  260         (5)(3)A Any person who violates or disregards any cease
  261  and desist order issued by the department commits a misdemeanor
  262  of the first degree, punishable as provided in s. 775.082 or s.
  263  775.083. In addition, the department may seek the imposition of
  264  a civil penalty not to exceed $5,000.
  265         (6)(4)A Any person who was an owner, officer, partner, or
  266  manager of a licensed agency at the time of any activity that is
  267  the basis for revocation of the agency or branch office license
  268  and who knew or should have known of the activity, shall have
  269  his or her personal licenses or approval suspended for 3 years
  270  and may not have any financial interest in or be employed in any
  271  capacity by a licensed agency during the period of suspension.
  272         Section 6. Protecting critical infrastructure facilities.—
  273         (1) A licensed security officer who possesses a valid Class
  274  “G” license, or a licensed security agency manager who possesses
  275  a valid Class “G” license, who is on duty, in uniform, providing
  276  security services on the premises of a critical infrastructure
  277  facility, and who has probable cause to believe that a person
  278  has committed or is committing a crime against the client, or
  279  the client’s patron, of the licensed security officer or the
  280  licensed security agency manager, may temporarily detain the
  281  person for the purpose of ascertaining his or her identity and
  282  the circumstances of the activity that is the basis for the
  283  temporary detention. The security officer or security agency
  284  manager may detain the person in a reasonable manner until the
  285  responding law enforcement officer arrives at the premises of
  286  the client and is in the presence of the detainee.
  287         (2) When temporarily detaining a person, the licensed
  288  security officer or security agency manager shall notify the
  289  appropriate law enforcement agency as soon as reasonably
  290  possible. Temporary detention of a person by a licensed security
  291  officer or security agency manager must be done solely for the
  292  purpose of detaining the person before the arrival of a law
  293  enforcement officer. Custody of any person being temporarily
  294  detained shall be immediately transferred to the responding law
  295  enforcement officer.
  296         (3) A licensed security officer or security agency manager
  297  may not detain a person under this section after the arrival of
  298  a law enforcement officer unless the law enforcement officer
  299  requests the security officer or security agency manager to
  300  continue detaining the person. The responsibilities of the
  301  licensed security officer or security agency manager do not
  302  extend beyond the place where the person was first detained or
  303  in the immediate vicinity.
  304         (4) A person may not be temporarily detained under this
  305  section longer than is reasonably necessary to effect the
  306  purposes of this section.
  307         (5) If a licensed security officer or security agency
  308  manager, while detaining a person under this section, observes
  309  that the person temporarily detained is armed with a firearm, a
  310  concealed weapon, or a destructive device that poses a threat to
  311  the safety of the security officer or security agency manager,
  312  or any person for whom the security officer or security agency
  313  manager is responsible for providing protection, or if the
  314  detainee admits to having a weapon in his or her possession, the
  315  security officer or security agency manager may conduct a search
  316  of the person and his or her belongings only to the extent
  317  necessary for the purpose of disclosing the presence of a
  318  weapon. If the search reveals such a weapon, the weapon shall be
  319  seized and transferred to the responding law enforcement
  320  officer.
  321         (6) As used in this section, the term “critical
  322  infrastructure facility” means any one of the following, if it
  323  employs measures such as fences, barriers, or guard posts that
  324  are designed to exclude unauthorized persons and is determined
  325  by a state or federal authority to be so vital to the state that
  326  the incapacity or destruction of the facility would have a
  327  debilitating impact on security, state economic stability, state
  328  public health or safety, or any combination of those matters:
  329         (a) A chemical manufacturing facility;
  330         (b) A refinery;
  331         (c) An electrical power plant as defined in s. 403.031,
  332  Florida Statutes, including a substation, switching station,
  333  electrical control center, or electric transmission or
  334  distribution facility;
  335         (d) A water intake structure, water treatment facility,
  336  wastewater treatment plant, or pump station;
  337         (e) A natural gas transmission compressor station;
  338         (f) A liquid natural gas terminal or storage facility;
  339         (g) A telecommunications central switching office;
  340         (h) A deepwater port or railroad switching yard;
  341         (i) A gas processing plant, including a plant used in the
  342  processing, treatment, or fractionation of natural gas; or
  343         (j) A public transportation facility as defined in s.
  344  343.62, Florida Statutes.
  345         (7) A Class “D” or Class “MB” licensee shall perform duties
  346  regulated under this section in a uniform that bears at least
  347  one patch or emblem visible at all times clearly identifying the
  348  employing agency.
  349         Section 7. Paragraph (c) of subsection (16) of section
  350  570.07, Florida Statutes, is amended to read:
  351         570.07 Department of Agriculture and Consumer Services;
  352  functions, powers, and duties.—The department shall have and
  353  exercise the following functions, powers, and duties:
  354         (16) To enforce the state laws and rules relating to:
  355         (c) Registration, labeling, inspection, sale, use,
  356  composition, formulation, wholesale and retail distribution, and
  357  analysis of commercial stock feeds and registration, labeling,
  358  inspection, and analysis of commercial fertilizers;
  359  
  360  In order to ensure uniform health and safety standards, the
  361  adoption of standards and fines in the subject areas of
  362  paragraphs (a)-(n) is expressly preempted to the state and the
  363  department. Any local government enforcing the subject areas of
  364  paragraphs (a)-(n) must use the standards and fines set forth in
  365  the pertinent statutes or any rules adopted by the department
  366  pursuant to those statutes.
  367         Section 8. Paragraph (g) is added to subsection (2) of
  368  section 580.036, Florida Statutes, to read:
  369         580.036 Powers and duties.—
  370         (2) The department is authorized to adopt rules pursuant to
  371  ss. 120.536(1) and 120.54 to enforce the provisions of this
  372  chapter. These rules shall be consistent with the rules and
  373  standards of the United States Food and Drug Administration and
  374  the United States Department of Agriculture, when applicable,
  375  and shall include:
  376         (g) Establishing standards for the sale, use, and
  377  distribution of commercial feed or feedstuff to ensure usage
  378  that is consistent with animal health, safety, and welfare and,
  379  to the extent that meat, poultry, and other animal products may
  380  be affected by commercial feed or feedstuff, with the safety of
  381  these products for human consumption. Such standards, if
  382  adopted, must be developed in consultation with the Commercial
  383  Feed Technical Council created under s. 580.151.
  384         Section 9. This act shall take effect July 1, 2012.