Florida Senate - 2016                                    SB 1310
       
       
        
       By Senator Hutson
       
       6-01116-16                                            20161310__
    1                        A bill to be entitled                      
    2         An act relating to agriculture; amending s. 163.3162,
    3         F.S.; providing sole authority to regulate the burning
    4         of agricultural crops on certain lands to the
    5         Department of Agriculture and Consumer Services;
    6         creating s. 580.0365, F.S.; preempting regulatory
    7         authority over commercial feed and feedstuff to the
    8         department; amending s. 581.211, F.S.; providing
    9         penalties for certain handling of plant pests without
   10         a special permit from the Division of Plant Industry
   11         within the department; specifying that moneys
   12         collected must be deposited into the Plant Industry
   13         Trust Fund; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (5) is added to section 163.3162,
   18  Florida Statutes, to read:
   19         163.3162 Agricultural Lands and Practices.—
   20         (5) BURNING OF AGRICULTURAL CROPS.—The Department of
   21  Agriculture and Consumer Services has the sole authority to
   22  regulate the burning of agricultural crops on land classified as
   23  agricultural land pursuant to s. 193.461.
   24         Section 2. Section 580.0365, Florida Statutes, is created
   25  to read:
   26         580.0365 Preemption of regulatory authority over commercial
   27  feed and feedstuff.—In order to provide for uniform regulation
   28  throughout the state, the state preempts all regulation over
   29  commercial feed and feedstuff to the department. Notwithstanding
   30  any other provision of law, the authority to regulate, inspect,
   31  sample, and analyze any commercial feed or feedstuff distributed
   32  in this state or to exercise the powers and duties under this
   33  chapter, including the assessment of any penalties for
   34  violations of this chapter, is preempted to the department. If
   35  any rule adopted by, or final order of, the department relating
   36  to commercial feed and feedstuff is in conflict with any other
   37  provision or restriction under a local ordinance or
   38  administrative rule adopted by, or final order of, an entity or
   39  agency other than the department, this section shall govern and
   40  such local ordinance, rule, or order is preempted.
   41         Section 3. Subsections (4) and (5) are added to section
   42  581.211, Florida Statutes, to read:
   43         581.211 Penalties for violations.—
   44         (4) A person who knowingly acquires, imports, possesses,
   45  sells or offers to sell, trades or offers to trade, barters or
   46  offers to barter, moves or causes to be moved, introduces, or
   47  releases a plant pest in this state without a special permit
   48  from the division:
   49         (a) Commits a misdemeanor of the first degree, punishable
   50  as provided in s. 775.082 or s. 775.083;
   51         (b) Is subject to an administrative fine pursuant to s.
   52  570.971 in the Class II category for each violation of this
   53  chapter;
   54         (c) May have a certificate of registration or certificate
   55  of inspection suspended or revoked; and
   56         (d) Is liable for the payment of all reasonable costs and
   57  expenses incurred by the department in a plant pest control or
   58  eradication program. Moneys collected pursuant to this section
   59  shall be deposited into the Plant Industry Trust Fund.
   60         (5) A person who knowingly acquires, imports, possesses,
   61  sells or offers to sell, trades or offers to trade, barters or
   62  offers to barter, moves or causes to be moved, introduces, or
   63  releases a plant pest in this state without a special permit
   64  from the division that results in the issuance of a declaration
   65  of an agricultural emergency by the Commissioner of Agriculture
   66  or the implementation of a control or eradication program by the
   67  department or the United States Department of Agriculture:
   68         (a) Commits a felony of the second degree, punishable as
   69  provided in s. 775.082 or s. 775.083;
   70         (b) Is subject to an administrative fine pursuant to s.
   71  570.971 in the Class IV category for each violation of this
   72  chapter;
   73         (c) May have a certificate of registration or certificate
   74  of inspection suspended or revoked; and
   75         (d) Is liable for the payment of all reasonable costs and
   76  expenses incurred by the department in a plant pest control or
   77  eradication program. Moneys collected pursuant to this section
   78  shall be deposited into the Plant Industry Trust Fund.
   79         Section 4. This act shall take effect July 1, 2016.