Senate Bill 2066e1

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  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Agriculture and Consumer Services; amending s.

  4         501.913, F.S., relating to the registration of

  5         brands of antifreeze distributed in the state;

  6         providing that the registrant assumes

  7         responsibility for the product's quality;

  8         amending s. 501.916, F.S.; revising

  9         requirements for labeling antifreeze; amending

10         s. 501.919, F.S.; providing for notice to be

11         given to the violator of ss. 501.91-501.923,

12         F.S.; amending s. 501.922, F.S.; authorizing

13         the department to impose additional penalties;

14         repealing s. 531.54, F.S., relating to salaries

15         and expenses of enforcing ch. 531, F.S., the

16         Weights and Measures Act of 1971; amending s.

17         570.191, F.S., relating to the Agricultural

18         Emergency Eradication Trust Fund; providing for

19         funds to be used for other agricultural

20         interests; repealing s. 570.46(5), F.S.,

21         relating to duties of the Division of Standards

22         with respect to verifying certain testing

23         samples; amending s. 570.48, F.S.; authorizing

24         the Division of Fruit and Vegetables to certify

25         and supervise certain inspectors; repealing s.

26         570.952(5), F.S., relating to the Florida

27         Agriculture Center and Horse Park Authority;

28         amending s. 571.24, F.S., relating to the

29         Florida Agricultural Promotional Campaign;

30         providing for measures to ensure only Florida

31         agricultural products are marketed under logos


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  1         of the promotional campaign; amending s.

  2         571.27, F.S., relating to rules for entering

  3         into contracts for services directly related to

  4         the Florida Agricultural Promotional Campaign;

  5         authorizing the department to determine by rule

  6         the logos to be depicted for use in advertising

  7         agricultural products marketed under the

  8         promotional campaign; amending s. 571.29, F.S.,

  9         relating to the Florida Agricultural

10         Promotional Campaign; relating to unlawful acts

11         pertaining to the promotional campaign;

12         creating s. 571.30, F.S.; providing for

13         injunction remedies to the department for

14         violations of provisions of the Florida

15         Agricultural Promotional Campaign; amending s.

16         588.011, F.S.; revising legal fence

17         requirements; amending s. 589.081, F.S.;

18         revising requirements for payments to counties

19         within the Withlacoochee State Forest and

20         Goethe State Forest by the Division of

21         Forestry; amending s. 593.1141, F.S.;

22         conforming a reference to the Farm Service

23         Agency for purposes of certain agreements of

24         the department; amending s. 616.05, F.S.;

25         providing requirements for fair associations in

26         publishing proposed amendments to a charter;

27         amending s. 616.07, F.S.; providing that

28         property held in trust by a fair association is

29         exempt from special assessments; amending s.

30         616.08, F.S.; clarifying provisions authorizing

31         a fair association to sell, mortgage, or lease


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  1         property; amending s. 616.13, F.S.; revising

  2         certain restrictions on temporary amusement

  3         rides with respect to location of operation;

  4         deleting a license tax imposed on such rides;

  5         amending s. 616.15, F.S.; providing additional

  6         requirements for obtaining a permit to conduct

  7         a public fair or exposition; requiring that the

  8         department give preference to established fair

  9         associations in issuing permits; amending s.

10         616.242, F.S., relating to safety standards for

11         amusement rides; revising requirements for the

12         application for a permit to operate a ride;

13         revising requirements for the department in

14         setting permit fees; requiring that certain

15         notices be posted at entrances to amusement

16         rides; prohibiting bungy catapulting or reverse

17         bungy jumping; amending s. 616.260, F.S.;

18         providing that the Florida State Fair Authority

19         is exempt from special assessments; providing

20         that certain special assessments are not due

21         from a fair association or state fair; amending

22         s. 823.14, F.S.; clarifying the definition of

23         the term "farm product" for purposes of the

24         Florida Right to Farm Act; amending s. 828.12,

25         F.S.; revising provisions relating to cruelty

26         to animals; creating the Pest Exclusion

27         Advisory Committee within the department;

28         providing for membership; providing for

29         governance of the committee; requiring that the

30         committee conduct certain evaluations and

31         studies; requiring a report to the Governor,


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  1         the Legislature, and the Commissioner of

  2         Agriculture; amending s. 828.125, F.S.;

  3         revising provisions relating to the killing or

  4         aggravated abuse of registered breed horses or

  5         cattle; amending s. 212.08, F.S.; providing a

  6         sales tax exemption for racing greyhound feed;

  7         amending s. 581.184, F.S.; establishing a

  8         citrus canker-free buffer zone; amending s.

  9         588.12, F.S.; revising legislative findings of

10         livestock at large; revising definitions;

11         repealing s. 588.14, F.S.; relating to duty of

12         owners; amending s. 588.16, F.S.; amending

13         authority to impound livestock running at

14         large; amending s. 588.17, F.S.; revising

15         disposition of impounded livestock; amending s.

16         588.18, F.S.; revising fees for livestock at

17         large; amending s. 588.19, F.S.; revising

18         procedures for defraying costs incurred in

19         impoundment; amending s. 501.025, F.S.;

20         clarifying provisions relating to home

21         solicitation sale and buyer's right to cancel;

22         amending s. 253.7825, F.S.; providing acreage

23         requirements for a horse park-agricultural

24         center; providing an effective date.

25

26  Be It Enacted by the Legislature of the State of Florida:

27

28         Section 1.  Subsection (1) of section 501.913, Florida

29  Statutes, is amended to read:

30         501.913  Registration.--

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  1         (1)  Each brand of antifreeze to be distributed in this

  2  state shall be registered with the department prior to

  3  distribution.  The person whose name appears on the label, the

  4  manufacturer, or the packager shall make application to the

  5  department on forms provided by the department no later than

  6  July 1 of each year. The registrant assumes, by application to

  7  register the brand, full responsibility for the quality and

  8  quantity of the product sold, offered, or exposed for sale in

  9  this state.

10         Section 2.  Subsection (1) of section 501.916, Florida

11  Statutes, is amended to read:

12         501.916  Mislabeling of antifreeze.--Antifreeze shall

13  be deemed to be mislabeled:

14         (1)  If it does not bear a label that which specifies:

15         (a)  The brand of the product.

16         (b)(a)  The identity of the product.

17         (c)(b)  The name and address of the manufacturer,

18  packager, or distributor, or registrant.

19         (d)(c)  The net quantity of contents (in terms of

20  liquid measure) separately and accurately in a uniform

21  location upon the principal display panel.

22         (e)(d)  A statement warning of any hazard of

23  substantial injury to human beings which may result from the

24  intended use or reasonably foreseeable misuse of the

25  antifreeze.

26         (f)(e)  The primary chemical component functioning as

27  the antifreeze agent.

28         (g)(f)  The appropriate amount, percentage, proportion,

29  or concentration of the antifreeze to be used to provide

30  claimed protection from freezing at a specified degree or

31  degrees of temperature, claimed protection from corrosion, or


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  1  claimed increase of boiling point or protection from

  2  overheating.

  3         Section 3.  Subsection (3) of section 501.919, Florida

  4  Statutes, is amended to read:

  5         501.919  Enforcement; stop-sale order.--

  6         (3)  Nothing in this act shall be construed to require

  7  the department to report for prosecution or for institution of

  8  libel proceedings any minor violations of the act whenever it

  9  believes that the public interest will be best served by a

10  suitable notice of warning in writing to the violator

11  registrant or the person whose name and address appears on the

12  label.

13         Section 4.  Section 501.922, Florida Statutes, is

14  amended to read:

15         501.922  Violation.--

16         (1)  The department may enter an order imposing one or

17  more of the following penalties against any person who

18  violates ss. 501.91-501.923 or who impedes, obstructs, or

19  hinders the department in performing its duties under those

20  sections:

21         (a)  Imposition of an administrative fine of not more

22  than $1,000 per violation for a first-time offender. For a

23  second-time or repeat offender, or any person who willfully

24  and intentionally violates ss. 501.91-501.923, the

25  administrative fine may not exceed $5,000 per violation.

26         (b)  Revocation or suspension of any registration

27  issued by the department. Any period of suspension may not

28  exceed 1 year.

29         (2)  If a registrant in violation of ss. 501.91-501.923

30  fails to pay a fine within 30 days after imposition of the

31  fine, the department may suspend all registrations issued to


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  1  the registrant by the department until the fine is paid. The

  2  registration with the department of any person who violates

  3  this act or fails to comply with any of the provisions of this

  4  act may be subject to suspension or revocation.  Any

  5  suspension shall not exceed 1 year. In addition to any

  6  suspension or revocation, for each violation, the department

  7  may levy a fine which shall not exceed $5,000 per violation.

  8  If the person in violation of ss. 501.91-501.923 fails to pay

  9  the fine within 30 days, then his or her registration may be

10  suspended until such time as the fine is paid.

11         (3)  All fines collected by the department shall be

12  deposited in the General Inspection Trust Fund.

13         Section 5.  Section 531.54, Florida Statutes, is

14  repealed.

15         Section 6.  Section 570.191, Florida Statutes, 1998

16  Supplement, is amended to read:

17         570.191  Agricultural Emergency Eradication Trust

18  Fund.--There is created in the office of the commissioner the

19  Agricultural Emergency Eradication Trust Fund. Funds in the

20  trust fund may be made available upon certification by the

21  commissioner that an agricultural emergency exists and that

22  funds specifically appropriated for the emergency's purpose

23  are exhausted or insufficient to eliminate the agricultural

24  emergency. The term "agricultural emergency" means an animal

25  or plant disease, insect infestation, or plant or pest

26  endangering or threatening the horticultural, aquacultural, or

27  other and agricultural interests in this state.

28         Section 7.  Subsection (5) of section 570.46, Florida

29  Statutes, as amended by section 3 of chapter 98-133, Laws of

30  Florida, is repealed.

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  1         Section 8.  Subsection (7) is added to section 570.48,

  2  Florida Statutes, to read:

  3         570.48  Division of Fruit and Vegetables; powers and

  4  duties; records.--The duties of the Division of Fruit and

  5  Vegetables include, but are not limited to:

  6         (7)  Notwithstanding any other provision of law,

  7  appointing, certifying, licensing, and supervising inspectors

  8  whose duties are to inspect fruit and vegetables that are

  9  regulated by state law, if federal law does not require such

10  inspectors to be licensed or certified by the federal

11  government.

12         Section 9.  Subsections (5) and (6) of section 570.952,

13  Florida Statutes, 1998 Supplement, are amended to read:

14         570.952  Florida Agriculture Center and Horse Park

15  Authority.--

16         (5)  A majority of the members shall constitute a

17  quorum, and action by a majority of a quorum shall be

18  official.

19         (5)(6)  Beginning January 1, 1995, The commissioner

20  shall submit information annually to the Speaker of the House

21  of Representatives and the President of the Senate reporting

22  the activities of the Florida Agriculture Center and Horse

23  Park Authority and the progress of the Florida Agriculture

24  Center and Horse Park, including, but not limited to,

25  pertinent planning, budgeting, and operational information

26  concerning the authority.

27         Section 10.  Section 571.24, Florida Statutes, 1998

28  Supplement, is amended to read:

29         571.24  Purpose; duties of the department

30  division.--The purpose of this part is to authorize the

31  department division to establish and coordinate the Florida


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  1  Agricultural Promotional Campaign.  The duties of the

  2  department division shall include, but are not limited to:

  3         (1)  Developing logos a logo and authorizing the use of

  4  logos as provided by rule that logo.

  5         (2)  Registering participants.

  6         (3)  Assessing and collecting fees.

  7         (4)  Working closely with the Department of Commerce to

  8  explore the feasibility of combining marketing strategies.

  9         (5)  Developing in-kind advertising programs.

10         (6)  Contracting with media representatives for the

11  purpose of dispersing promotional materials.

12         (7)  Assisting the representative of the department who

13  serves on the Florida Agricultural Promotional Campaign

14  Advisory Council.

15         (8)  Designating a division employee to be a member of

16  the Advertising Interagency Coordinating Council.

17         (9)  Adopting rules pursuant to ss. 120.536(1) and

18  120.54 to implement the provisions of this part.

19         (10)  Enforcing and administering the provisions of

20  this part, including measures ensuring that only Florida

21  agricultural or agricultural based products are marketed under

22  the "Fresh From Florida" or "From Florida" logos or other

23  logos of the Florida Agricultural Promotional Campaign.

24         Section 11.  Section 571.27, Florida Statutes, is

25  amended to read:

26         571.27  Rules.--The department is authorized to adopt

27  promulgate rules that implement, make specific, and interpret

28  the provisions of this part, including rules for entering into

29  contracts with advertising agencies for services which are

30  directly related to the Florida Agricultural Promotional

31  Campaign.  Such rules shall establish the procedures for


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  1  negotiating costs with the offerors of such advertising

  2  services who have been determined by the department division

  3  to be qualified on the basis of technical merit, creative

  4  ability, and professional competency.  Such determination of

  5  qualifications shall also include consideration of the

  6  provisions in s. 287.055(3), (4), and (5). The department is

  7  further authorized to determine, by rule, the logos or product

  8  identifiers to be depicted for use in advertising,

  9  publicizing, and promoting the sale of Florida agricultural

10  products or agricultural-based products in the Florida

11  Agricultural Promotional Campaign. The department may also

12  adopt rules not inconsistent with the provisions of this part

13  as in its judgment may be necessary for participant

14  registration, renewal of registration, classes of membership,

15  application forms, as well as other forms and enforcement

16  measures ensuring compliance with this part.

17         Section 12.  Section 571.29, Florida Statutes, is

18  amended to read:

19         571.29  Unlawful acts; administrative remedies;

20  criminal penalties.--

21         (1)  It is unlawful for any person to use, reproduce,

22  or distribute the "Fresh From Florida" or "From Florida" logos

23  or other logos logo of the Florida Agricultural Promotional

24  Campaign without being registered with the department, or to

25  otherwise violate the provisions of this part or any rules

26  adopted under this part.

27         (2)  It is unlawful for any person to use, reproduce,

28  or distribute the "Fresh From Florida" or "From Florida" logos

29  or other logos of the Florida Agricultural Promotional

30  Campaign on any agricultural or agricultural-based products

31  that are not Florida products.


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  1         (3)  The department may enter an order imposing one or

  2  more of the following penalties against any person who

  3  violates any of the provisions of this part or any rules

  4  adopted under this part:

  5         (a)  Issuance of a warning letter.

  6         (b)  Imposition of an administrative fine of not more

  7  than $1,000 per violation for a first time offender. For a

  8  second time offender, or any person who is shown to have

  9  willfully and intentionally violated any provision of this

10  part or any rules adopted under this part, the administrative

11  fine may not exceed $5,000 per violation. The term "per

12  violation" means each incident in which a logo of the Florida

13  Agricultural Promotional Campaign has been used, reproduced,

14  or distributed in any manner inconsistent with the provisions

15  of this part or the rules adopted under this part.

16         (c)  Revocation or suspension of any registration

17  issued by the department.

18

19  The administrative proceedings that could result in the entry

20  of an order imposing any of the penalties specified in

21  paragraphs (a)-(c) shall be conducted in accordance with

22  chapter 120.

23         (1)  Any person who violates any of the provisions of

24  this part or any rule promulgated under this part is subject

25  to the imposition of an administrative fine of up to $1,000

26  for each offense.  Upon repeated violation, the department may

27  seek enforcement pursuant to s. 120.69.

28         (4)(2)  Any person who commits is convicted of a

29  violation of the provisions of this part or rules adopted

30  under this part is, for the first offense, guilty of a

31  misdemeanor of the second degree, punishable as provided in s.


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  1  775.082 or s. 775.083, and is, for each succeeding offense,

  2  guilty of a misdemeanor of the first degree, punishable as

  3  provided in s. 775.082 or s. 775.083.

  4         Section 13.  Section 571.30, Florida Statutes, is

  5  created to read:

  6         571.30 Injunction.--In addition to the remedies

  7  provided in this part and not withstanding the existence of

  8  any adequate remedy at law, the department is authorized to

  9  make application for injunction to a circuit judge, and such

10  circuit judge shall have jurisdiction upon a hearing for cause

11  shown to grant a temporary or permanent injunction, or both,

12  restraining any person from violating or continuing to violate

13  any provisions of this part or from failing or refusing to

14  comply with the requirements of this part or any rule adopted

15  hereunder, such injunction to be issued without bond.

16         Section 14.  Subsection (1) of section 588.011, Florida

17  Statutes, is amended to read:

18         588.011  Legal fence; requirements.--

19         (1)  Any fence or enclosure at least 3 feet in height

20  made of barbed or other soft wire consisting of not less than

21  three strands of wire stretched securely on posts, trees, or

22  other supports, standing not more than 20 feet apart; or when

23  using battens, up to 60 feet apart for nonelectric and 150

24  feet apart for electric, if constructed with high tensile wire

25  in accordance with the manufacturer's specifications, shall be

26  considered as a legal fence.

27         Section 15.  Section 589.081, Florida Statutes, is

28  amended to read:

29         589.081  Withlacoochee State Forest and Goethe State

30  Forest; payment to counties of portion of gross receipts.--The

31  Division of Forestry shall pay 15 percent of the gross


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  1  receipts from Withlacoochee State Forest and the Goethe State

  2  Forest to each county in which a portion of the respective

  3  forest is located Hernando, Citrus, Sumter, Levy, and Pasco

  4  Counties in proportion to the forest acreage located in each

  5  county.  The funds must be equally divided between the board

  6  of county commissioners and the school board of each county.

  7         Section 16.  Section 593.1141, Florida Statutes, is

  8  amended to read:

  9         593.1141  Authority to enter agreements with the Farm

10  Service Agency Agricultural Stabilization and Conservation

11  Service.--The department is authorized to enter into

12  agreements with the Farm Service Agency, "FSA," Agricultural

13  Stabilization and Conservation Service, "ASCS," for the

14  purpose of allowing a cotton grower to tender payment of

15  assessments, including penalties, to the FSA ASCS.

16         Section 17.  Section 616.05, Florida Statutes, is

17  amended to read:

18         616.05  Amendment of charter.--Any fair association

19  desiring to propose an amendment of its charter may do so by

20  resolution as provided in its bylaws.  The proposed amendment

21  shall be submitted to the department for approval.  When

22  approved, the proposed amendment, upon publication of notice

23  in the same manner as provided in s. 616.03, placement on file

24  in the office of the clerk of the circuit court and in the

25  office of the department, the rendering of a decree of the

26  circuit judge approving and allowing the amendment, and being

27  recorded in the clerk's office, shall be incorporated into the

28  original charter.

29         Section 18.  Subsection (1) of section 616.07, Florida

30  Statutes, is amended to read:

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  1         616.07  Members not personally liable; property of

  2  association held in trust; exempt from taxation.--

  3         (1)  No member, officer, director, or trustee of a fair

  4  association shall be personally liable for any of the debts of

  5  the association; and no money or property of a fair

  6  association shall be distributed as profits or dividends among

  7  its members, officers, directors, or trustees, but all money

  8  and property of the association shall, except for the payment

  9  of its just debts and liabilities, be and remain perpetually

10  public property, administered by the association as trustee,

11  to be used exclusively for the legitimate purpose of the

12  association, and shall be, so long as so used, exempt from all

13  forms of taxation, including special assessments.

14         Section 19.  Section 616.08, Florida Statutes, is

15  amended to read:

16         616.08  Additional powers of association.--Every fair

17  association shall have the power to hold, conduct, and operate

18  public fairs and expositions annually and for such purpose to

19  buy, lease, acquire, and occupy lands, erect buildings and

20  improvements of all kinds thereon, and develop those lands,

21  buildings, and improvements; to sell, mortgage, lease, or

22  convey any such property or any part thereof, in its

23  discretion, from time to time for the purpose of public fairs

24  or expositions; to charge and receive compensation for

25  admission to those fairs and expositions, for the sale or

26  renting of space for exhibitions, and for other privileges; to

27  conduct and hold public meetings; to supervise and conduct

28  lectures and all kinds of demonstration work in connection

29  with or for the improvement of agriculture, horticulture,

30  stockraising and poultry raising, and all kinds of farming and

31  matters connected therewith; to hold exhibits of agricultural


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  1  and horticultural products and livestock, chickens, and other

  2  domestic animals; to give certificates or diplomas of

  3  excellence; to promote the progress of the geographical area

  4  it represents and serves and stimulate public interest in the

  5  advantages and development of that area by providing

  6  facilities for agricultural and industrial exhibitions, public

  7  gatherings, cultural activities, and other functions which the

  8  association determines will enhance the educational, physical,

  9  economic, and cultural interests of the public; and generally

10  to do, perform, and carry out all matters, acts, and business

11  usual or proper in connection with public fairs and

12  expositions; but this enumeration of particular powers shall

13  not be in derogation of or limit any special provisions of the

14  charter of the association inserted for the regulation of its

15  business, and the conduct of its affairs of creating,

16  defining, limiting, and regulating the powers of the

17  association or its officers or members; provided, the

18  treasurer or similar officer of the association shall be

19  required to give a good and sufficient bond with a surety

20  company duly authorized under the laws of the state, payable

21  to the association and in an amount equal to the value of the

22  total amount of money and other property in that officer's

23  possession or custody, in addition to the value of any money

24  and property of the association that may reasonably be

25  expected to come into that officer's possession or custody.

26         Section 20.  Section 616.13, Florida Statutes, 1998

27  Supplement, is amended to read:

28         616.13  Restrictions on other amusement rides Licenses

29  upon shows within 5 miles of fair.--A Every person may not

30  engage engaged in the business of providing temporary

31  amusement rides, as defined in s. 616.242, within a 5-mile


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  1  radius 5 miles of and within 30 days before or during any

  2  public fair or exposition being operated by a fair

  3  association, when not operating in connection with that fair

  4  or exposition, except with the written consent of the affected

  5  fair association shall pay a license tax of $1,000 per day.

  6         Section 21.  Subsections (1) and (3) of section 616.15,

  7  Florida Statutes, are amended to read:

  8         616.15  Permit from Department of Agriculture and

  9  Consumer Services required.--

10         (1)  No public fair or exposition may be conducted by a

11  fair association without a permit issued by the department.

12  The permit shall be issued in the following manner: The

13  association shall present to the department an application for

14  the permit, signed by an officer of the association, at least

15  3 months before holding the fair or exposition; this

16  application shall be accompanied by a fee in an amount to be

17  determined by the department not to exceed $366 or be less

18  than $183 for processing the application and making any

19  required investigation.  The fees collected under this

20  subsection shall be deposited in the General Inspection Trust

21  Fund of the State Treasury in a special account to be known as

22  the "Agricultural and Livestock Fair Account." A copy of the

23  application must be sent to each fair association located

24  within 50 miles of the site of the proposed fair or exposition

25  at the same time the application is sent to the department.

26  The department may issue the permit with the advice and

27  counsel of the Agricultural and Livestock Fair Council,

28  provided the application sets forth:

29         (a)  The opening and closing dates of the proposed fair

30  or exposition.

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  1         (b)  The name and address of the owner of the central

  2  amusement attraction to operate during the fair or exposition.

  3         (c)  An affidavit properly executed by the president or

  4  other chief executive officer of the applicant association

  5  certifying the existence of a binding contract entered into by

  6  the association or exposition and the owner of the central

  7  amusement attraction covering the period for which the permit

  8  from the department is applied.  The contract or contracts

  9  between the parties shall be available for inspection by duly

10  authorized agents of the department in administering this

11  chapter.

12         (d)  A statement that the main purpose of the

13  association is to conduct and operate the proposed fair or

14  exposition for the benefit and development of the educational,

15  agricultural, horticultural, livestock, charitable,

16  historical, civic, cultural, scientific, and other resources

17  of the geographical area the fair or exposition represents and

18  serves. The statement shall be in writing, shall be

19  subscribed, and shall be acknowledged by an officer of the

20  association before an officer authorized to take

21  acknowledgments.

22         (e)  A premium list of the current fair or exposition

23  to be conducted or a copy of the previous year's premium list

24  showing all premiums and awards to be offered to exhibitors in

25  various departments of the fair, such as art exhibition, beef

26  cattle, county exhibits, dairy cattle, horticulture, swine,

27  women's department, 4-H Club activities, Future Farmers of

28  America activities, Future Homemakers of America activities,

29  poultry and egg exhibits, and community exhibits, the

30  foregoing being a list of the usual exhibitors of a fair and

31  not to be construed as limiting the premium list to these


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    CS for SB 2066                                 First Engrossed



  1  departments. The list may be submitted separately at any time

  2  not later than 60 days before the holding of the fair or

  3  exposition, and the department shall issue the permit as

  4  provided in this section within 10 days thereafter if the

  5  applicant is properly qualified.

  6         (f)  Proof of liability insurance insuring the

  7  association against liability for injury to persons, in an

  8  amount of not less than $300,000 per occurrence.

  9         (g)  A copy of the most recent review.

10         (h)  A list of all current members of the board of

11  directors of the association and their home addresses.

12         (3)  Notwithstanding any fair association meeting the

13  requirements set forth in subsection (1), the department may

14  order a full investigation to determine whether or not the

15  fair association meets in full the requirements of s. 616.01

16  and accordingly may withhold a permit from, deny a permit to,

17  or withdraw a permit once issued to the association. The

18  department shall also consider whether any proposed fair or

19  exposition, as set forth in an application for a permit, will

20  compete with another public fair or exposition within 50 miles

21  of the proposed fair or exposition with respect to name, dates

22  of operation, or market. The department may deny, withhold, or

23  withdraw a permit from a fair association if the department

24  determines that such fair association will compete with

25  another association. The department shall give preference to

26  existing fair associations with established dates, locations,

27  and names. The determination by the department shall be final.

28         Section 22.  Paragraph (b) of subsection (5), paragraph

29  (a) of subsection (8), and paragraph (a) of subsection (10) of

30  section 616.242, Florida Statutes, 1998 Supplement, are

31  amended, paragraph (i) is redesignated as paragraph (j), a new


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  1  paragraph (i) is added to subsection (11), and paragraph (e)

  2  is added to subsection (17) of said section, to read:

  3         616.242  Safety standards for amusement rides.--

  4         (5)  ANNUAL PERMIT.--

  5         (b)  To apply for an annual permit an owner must submit

  6  to the department a written application on a form prescribed

  7  by rule of the department, which must include the following:

  8         1.  The legal name, address, and primary place of

  9  business of the owner.

10         2.  A description, manufacturer's name, serial number,

11  model number and, if previously assigned, the United States

12  Amusement Identification Number of the amusement ride.

13         3.  A valid certificate of insurance or bond for each

14  amusement ride.

15         4.  An affidavit of compliance that the amusement ride

16  was inspected in person by the affiant and that the amusement

17  ride is in general conformance with the requirements of this

18  section and all applicable rules adopted by the department.

19  The affidavit must be executed by a professional engineer or a

20  qualified inspector no earlier than 60 days before, but not

21  later than, the date of the filing of the application with the

22  department. The owner shall request inspection and permitting

23  of the amusement ride within 60 days of the date of filing the

24  application with the department. The department shall inspect

25  and permit the amusement ride within 60 days of the date the

26  affidavit was executed.

27         5.  If required by subsection (6), an affidavit of

28  nondestructive testing dated and executed no earlier than 60

29  days prior to, but not later than, the date of the filing of

30  the application with the department. The owner shall request

31  inspection and permitting of the amusement ride within 60 days


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    CS for SB 2066                                 First Engrossed



  1  of the date of filing the application with the department. The

  2  department shall inspect and permit the amusement ride within

  3  60 days of the date the affidavit was executed.

  4         6.  A request for inspection.

  5         7.  Upon request, the owner shall, at no cost to the

  6  department, provide the department a copy of the

  7  manufacturer's current recommended operating instructions in

  8  the possession of the owner, the owner's operating fact sheet,

  9  and any written bulletins in the possession of the owner

10  concerning the safety, operation, or maintenance of the

11  amusement ride.

12         (8)  FEES.--

13         (a)  The department may shall by rule establish fees to

14  cover the 100 percent of all costs and expenditures associated

15  with the Bureau of Fair Rides Inspection, including all direct

16  costs, and all indirect costs, and all division, data center,

17  and administrative overhead. The fees must be deposited in the

18  General Inspection Trust Fund.

19         (10)  EXEMPTIONS.--

20         (a)  This section does not apply to:

21         1.  Permanent facilities that employ at least 1,000

22  full-time employees and that maintain full-time, in-house

23  safety inspectors. Furthermore, the permanent facilities must

24  file an affidavit of the annual inspection with the

25  department, on a form prescribed by rule of the department

26  required by paragraph (5)(b). Additionally, the Department of

27  Agriculture and Consumer Services may consult annually with

28  the permanent facilities regarding industry safety programs.

29         2.  Any playground operated by a school, local

30  government, or business licensed under chapter 509, if the

31  playground is an incidental amenity and the operating entity


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    CS for SB 2066                                 First Engrossed



  1  is not primarily engaged in providing amusement, pleasure,

  2  thrills, or excitement.

  3         3.  Museums or other institutions principally devoted

  4  to the exhibition of products of agriculture, industry,

  5  education, science, religion, or the arts.

  6         4.  Conventions or trade shows for the sale or exhibit

  7  of amusement rides if there are a minimum of 15 amusement

  8  rides on display or exhibition, and if any operation of such

  9  amusement rides is limited to the registered attendees of the

10  convention or trade show.

11         5.  Skating rinks, arcades, lazer or paint ball war

12  games, bowling alleys, miniature golf courses, mechanical

13  bulls, inflatable rides, trampolines, ball crawls, exercise

14  equipment, jet skis, paddle boats, air boats, helicopters,

15  airplanes, parasails, hot air or helium balloons whether

16  tethered or untethered, theatres, batting cages, stationary

17  spring-mounted fixtures, rider-propelled merry-go-rounds,

18  games, side shows, live animal rides, or live animal shows.

19         6.  Go-karts operated in competitive sporting events if

20  participation is not open to the public.

21         7.  Nonmotorized playground equipment that is not

22  required to have a manager.

23         8.  Coin-actuated amusement rides designed to be

24  operated by depositing coins, tokens, credit cards, debit

25  cards, bills, or other cash money and which are not required

26  to have a manager, and which have a capacity of six persons or

27  less.

28         9.  Facilities described in s. 549.09(1)(a) when such

29  facilities are operating cars, trucks, or motorcycles only.

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  1         (11)  INSPECTION STANDARDS.--An amusement ride must

  2  conform to and must be inspected by the department in

  3  accordance with the following standards:

  4         (i)  Signs that advise or warn patrons of age

  5  restrictions, size restrictions, health restrictions, weight

  6  limitations, or any other special consideration or use

  7  restrictions required or recommended for the amusement ride by

  8  the manufacturer shall be prominently displayed at the patron

  9  entrance of each amusement ride.

10         (17)  PROHIBITIONS RELATED TO BUNGY OPERATIONS.--The

11  following bungy operations are prohibited:

12         (e)  The practice of bungy catapulting or reverse bungy

13  jumping.

14         Section 23.  Section 616.260, Florida Statutes, is

15  amended to read:

16         616.260  Tax exemption of authority.--It is hereby

17  found and determined that all of the projects authorized by

18  this part constitute essential governmental purposes, and all

19  of the properties, revenues, moneys, and other assets owned

20  and used in the operation of those projects shall be exempt

21  from all taxation, including special assessments, by the state

22  or by any county, municipality, political subdivision, agency,

23  or instrumentality thereof.  However, nothing in this section

24  shall grant any person other than the authority an exemption

25  from the tax imposed in chapter 220, and if property of the

26  authority is leased, the property shall be exempt from ad

27  valorem taxation only if the use by the lessee qualifies the

28  property for exemption under s. 196.199.  The exemption

29  granted by this section shall not be applicable to any tax

30  imposed by chapter 220 on interest, income, or profits on debt

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    CS for SB 2066                                 First Engrossed



  1  obligations owned by corporations.  The property of the

  2  authority shall be subject to the provisions of s. 196.199.

  3         Section 24.  Any special assessment imposed upon a fair

  4  association or state fair by the state, or any county,

  5  municipality, political subdivision, agency, or

  6  instrumentality thereof, which has not been paid as of the

  7  effective date of this act is not due from the fair

  8  association or state fair.

  9         Section 25.  Paragraph (c) of subsection (3) of section

10  823.14, Florida Statutes, is amended to read:

11         823.14  Florida Right to Farm Act.--

12         (3)  DEFINITIONS.--As used in this section:

13         (c)  "Farm product" means any plant, as defined in s.

14  581.011, or animal useful to humans and includes, but is not

15  limited to, any product derived therefrom.

16         Section 26.  Subsection (4) is added to section 828.12,

17  Florida Statutes, to read:

18         828.12  Cruelty to animals.--

19         (4)  A person who intentionally trips, fells, ropes, or

20  lassoes the legs of a horse by any means for the purpose of

21  entertainment or sport shall be guilty of a third degree

22  felony, punishable as provided in s. 775.082, s. 775.083, or

23  s. 775.084.  As used in this subsection, "trip" means any act

24  that consists of the use of any wire, pole, stick, rope or

25  other apparatus to cause a horse to fall or lose its balance,

26  and "horse" means any animal of any registered breed of the

27  genus equus, or any recognized hybrid thereof. The provisions

28  of this subsection shall not apply when tripping is used:

29         (a)  To control a horse that is posing an immediate

30  threat to other livestock or human beings;

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    CS for SB 2066                                 First Engrossed



  1         (b)  For the purpose of identifying ownership of the

  2  horse when its ownership is unknown; or

  3         (c)  For the purpose of administering veterinary care

  4  to the horse.

  5         Section 27.  Section 570.235, Florida Statutes, is

  6  created to read:

  7         570.235  Pest Exclusion Advisory Committee.--

  8         (1)  There is created within the department a Pest

  9  Exclusion Advisory Committee. The advisory committee shall be

10  composed of 24 members.

11         (a)  The Commissioner of Agriculture shall appoint 17

12  members representing the following:

13         1.  Two members from the Florida Department of

14  Agriculture and Consumer Services.

15         2.  Two citizens at large.

16         3.  One member from each of the following agricultural

17  production groups:

18         a.  Row crops.

19         b.  Citrus.

20         c.  Horticulture.

21         d.  Forestry.

22         e.  Cattle.

23         f.  Dairy.

24         g.  Pork.

25         h.  Poultry.

26         i.  Horses.

27         j.  Aquaculture.

28         k.  Apiary.

29         4.  One member representing research programs in the

30  state's land grant institutions.

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    CS for SB 2066                                 First Engrossed



  1         5.  One member representing extension programs in the

  2  state's land grant institutions.

  3         (b)  In addition, the committee shall be composed of

  4  the following 7 members:

  5         1.  Two members representing and appointed by the

  6  Animal and Plant Health Inspection Service, United States

  7  Department of Agriculture.

  8         2.  One member representing and appointed by the

  9  Florida Department of Health.

10         3.  One member representing and appointed by the

11  Florida Department of Environmental Protection.

12         4.  One member representing and appointed by the

13  Florida Game and Fresh Water Fish Commission.

14         5.  One member appointed by the Speaker of the House of

15  Representatives.

16         6.  One member appointed by the President of the

17  Senate.

18         (2)  The advisory committee shall be governed by the

19  provisions of s. 570.0705 and shall have the responsibility of

20  reviewing and evaluating the state's existing and future

21  exclusion, detection, and eradication programs. The

22  Commissioner of Agriculture shall appoint the chair of the

23  committee. In evaluating the programs, the advisory committee

24  shall:

25         (a)  Require the scientific community to provide

26  necessary scientific background on Florida's programs. Using

27  such information, the committee shall evaluate the scientific

28  basis for the programs.

29         (b)  Review current Florida laws and regulations and

30  recommend changes.

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    CS for SB 2066                                 First Engrossed



  1         (c)  Identify exotic plants and pests in foreign

  2  countries that pose a significant threat to consumer safety

  3  and have a high likelihood of being introduced into the state.

  4         (d)  Identify high-risk areas for pest introduction and

  5  offer recommendations for specific programmatic activities to

  6  address such risk.

  7         (e)  Study the possibility of partnerships with other

  8  public and private entities to develop programs, projects, and

  9  activities which may be cost effective and which may assist in

10  implementing a pest exclusion program.

11         (f)  Address any area of concern that is raised

12  regarding the state's pest exclusion, detection, and

13  eradication program.

14         (g)  Make recommendations to the Commissioner of

15  Agriculture, the Governor, the Speaker of the House of

16  Representatives, and the President of the Senate for needs and

17  changes in these programs, including funding requirements and

18  needs.

19         (3)  The committee shall issue a report of its findings

20  to the Commissioner of Agriculture, the Governor, the Speaker

21  of the House of Representatives, and the President of the

22  Senate by January 1, 2001.

23         Section 28.  Subsection (5) of section 828.125, Florida

24  Statutes, is amended to read:

25         828.125  Killing or aggravated abuse of registered

26  breed horses or cattle; offenses; penalties.--Any other

27  provisions of this chapter to the contrary notwithstanding:

28         (5)  This section shall not be construed to abridge,

29  impede, prohibit, or otherwise interfere in any way with the

30  application, implementation, or conduct of recognized

31  livestock husbandry practices or techniques by or at the


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    CS for SB 2066                                 First Engrossed



  1  direction of the owner of the livestock so husbanded; nor

  2  shall any person be held culpable for any act prohibited by

  3  this chapter which results from weather conditions or other

  4  acts of God, providing that the person is in compliance with

  5  recognized livestock husbandry practices.

  6         Section 29.  Paragraph (d) of subsection (7) of section

  7  212.08, Florida Statutes, 1998 Supplement, is amended to read:

  8         212.08  Sales, rental, use, consumption, distribution,

  9  and storage tax; specified exemptions.--The sale at retail,

10  the rental, the use, the consumption, the distribution, and

11  the storage to be used or consumed in this state of the

12  following are hereby specifically exempt from the tax imposed

13  by this chapter.

14         (7)  MISCELLANEOUS EXEMPTIONS.--

15         (d)  Feeds.--Feeds for poultry, ostriches, and

16  livestock, including racehorses, racing greyhounds, and dairy

17  cows, are exempt.

18         Section 30.  Section 581.184, Florida Statutes, is

19  amended to read:

20         581.184  Promulgation of rules; citrus canker

21  eradication; voluntary destruction agreements; buffer zone.--

22         (1)  In addition to the powers and duties set forth

23  under this chapter the department is directed to adopt rules

24  specifying facts and circumstances that, if present, would

25  require the destruction of plants for purposes of eradicating,

26  controlling, or preventing the dissemination of citrus canker

27  disease in the state.  In addition, the department is directed

28  to adopt rules regarding the conditions under which citrus

29  plants can be grown, moved, and planted in this state as may

30  be necessary for the eradication, control, or prevention of

31  the dissemination of citrus canker.  Such rules shall be in


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    CS for SB 2066                                 First Engrossed



  1  effect for any period during which, in the judgment of the

  2  Commissioner of Agriculture, there is the threat of the spread

  3  of citrus canker disease in the state.  Such rules may provide

  4  for the conduct of any activity regulated by such rules

  5  subject to an agreement by persons wishing to engage in such

  6  activity to voluntarily destroy, at their own expense, citrus

  7  plants declared by the department to be imminently dangerous

  8  by reason of being infected or infested with citrus canker or

  9  exposed to infection and likely to communicate same.  The

10  terms of such agreement may also require the destruction of

11  healthy plants under specified conditions.  Any such

12  destruction shall be done after reasonable notice in a manner

13  pursuant to and under conditions set forth in the agreement.

14  Such agreements may include releases and waivers of liability

15  and may require the agreement of other persons.

16         (2)  The department, pursuant to s. 581.031(15) and

17  (17), may create a citrus canker host-free buffer area,

18  delineated by department rule, to retard the spread of citrus

19  canker from known infected areas.  In addition, the department

20  shall develop a compensation plan for the trees removed from

21  the buffer area. Compensation for the trees removed from the

22  buffer area is subject to annual legislative appropriation.

23         Section 31.  Section 588.12, Florida Statutes, is

24  amended to read:

25         588.12  Livestock at large; legislative

26  findings.--There is hereby found and declared a necessity for

27  a statewide livestock law embracing all lands public roads of

28  the state and necessity that its application be uniform

29  throughout the state, except as hereinafter provided.

30         Section 32.  Subsection (3) of section 588.13, Florida

31  Statutes, is amended to read:


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  1         588.13  Definitions.--In construing ss. 588.12-588.25

  2  the following words, phrases, or terms shall be held to mean:

  3         (3)  Livestock "running at large" or "straying" shall

  4  mean any livestock found or being on any public land, or land

  5  belonging to a person other than the owner of the livestock,

  6  without the landowner's permission, and posing a threat to

  7  public safety public road of this state and either apparently

  8  a neglected animal or not under manual control of a person.

  9         Section 33.  Section 588.14, Florida Statutes, is

10  repealed.

11         Section 34.  Section 588.16, Florida Statutes, is

12  amended to read:

13         588.16  Authority to impound livestock running at large

14  or strays.--It shall be the duty of the sheriff or her or his

15  deputies or designees, or any other law enforcement officer of

16  the county, the county animal control center, or state highway

17  patrol officers, where livestock is found to be running at

18  large or straying, to take up, confine, hold, and impound any

19  such livestock, to be disposed of as hereinafter provided.

20         Section 35.  Subsection (1) of section 588.17, Florida

21  Statutes, is amended to read:

22         588.17  Disposition of impounded livestock.--

23         (1)  Upon the impounding of any livestock by the

24  sheriff or his or her deputies or designees, or any other law

25  enforcement officers of the county, the county animal control

26  center, or state highway patrol officers, the sheriff shall

27  forthwith serve written notice upon the owner, advising such

28  owner of the location or place where the livestock is being

29  held and impounded, of the amount due by reason of such

30  impounding, and that unless such livestock be redeemed within

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    CS for SB 2066                                 First Engrossed



  1  3 days from date thereof that the same shall be offered for

  2  sale.

  3         Section 36.  Section 588.18, Florida Statutes, is

  4  amended to read:

  5         588.18  Livestock at large; fees.--The fees allowed for

  6  impounding, serving notice, care and feeding, advertising, and

  7  disposing of impounded animals shall be determined by the

  8  sheriff of each county. Damages done by the sheriff, sheriff's

  9  designees, or any other law enforcement officer in pursuit, or

10  in the capture, handling, or care of the livestock are the

11  sole responsibility of the sheriff or other law enforcement

12  agency. as follows:

13         (1)  For impounding each animal, the sum of $20 and

14  mileage incurred, at the rate of 20 cents per mile.

15         (2)  For serving any notice and making return thereon,

16  the sum of $10 and mileage incurred, at the rate of 20 cents

17  per mile.

18         (3)  For feed and care of impounded animals, the sum of

19  $5 per day per animal.

20         (4)  For advertising or posting notices of sale of

21  impounded animals, the same as provided by law for advertising

22  property for sale under process.

23         (5)  For sale or other dispositions of impounded

24  animals, the sum of $5.

25         (6)  For report of sale of impounded animals, the sum

26  of $2.50.

27         Section 37.  Section 588.19, Florida Statutes, is

28  amended to read:

29         588.19  Failure to secure purchaser or insufficient

30  funds to defray certain costs.--If there be no bidder for such

31  livestock at the sale aforesaid, and the sheriff has been


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    CS for SB 2066                                 First Engrossed



  1  unable to locate the owner through the notice procedures

  2  described in this chapter, the sheriff shall sell the

  3  livestock at the nearest livestock auction yard. The proceeds

  4  from the sale shall be used to reimburse the expenses incurred

  5  in capturing, maintaining and selling the livestock, and in

  6  attempting to locate the owner. Any money remaining after all

  7  expenses are paid shall be given to the owner of the

  8  livestock, if known. the sheriff shall either offer the

  9  livestock for adoption or kill, or cause to be killed, the

10  same and shall dispose of the carcass thereof; if there be any

11  money received by him or her on account of the said disposal,

12  the same shall be disbursed in the manner hereinafter

13  provided; and, if there be no ready sale for said carcass, In

14  the alternative, the sheriff may shall forthwith deliver the

15  carcass to a public institution of the county, state, or

16  municipality within said county or to any private charitable

17  institution, in the order herein set forth, according to their

18  needs.

19         Section 38.  Section 501.025, Florida Statutes, is

20  amended to read:

21         501.025  Home solicitation sale; buyer's right to

22  cancel.--In addition to any other right to revoke an offer,

23  the buyer has the right to cancel a home solicitation sale

24  until midnight of the third business day after the day on

25  which the buyer signs an agreement or offer to purchase.

26  Cancellation is evidenced by the buyer giving written notice

27  of cancellation in person, by telegram, or by mail to the

28  seller at the address stated in the agreement or offer to

29  purchase.  The written notice of cancellation given by mail

30  shall be effective upon postmarking. The notice of

31  cancellation need not take a particular form and is sufficient


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    CS for SB 2066                                 First Engrossed



  1  if it indicates by any form of written expression the

  2  intention of the buyer not to be bound by the home

  3  solicitation sale.  Notice of a buyer's right to cancel must

  4  appear on every note or other evidence of indebtedness given

  5  pursuant to any home solicitation sale. For the purposes of

  6  this section, unless a mortgage also creates the buyer's

  7  promise to pay the secured debt, it is not an evidence of

  8  indebtedness.

  9         Section 39.  Paragraph (a) of subsection (4) of section

10  253.7825, Florida Statutes, is amended to read:

11         253.7825  Recreational uses.--

12         (4)(a)  A horse park-agricultural center may be

13  constructed by or on behalf of the Florida Department of

14  Agriculture and Consumer Services on not more than 500 250

15  acres of former canal lands which meet the criteria for

16  surplus lands and which lie outside the greenways boundary.

17         Section 40.  This act shall take effect July 1, 1999.

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