CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Putnam offered the following:

12

13         Amendment (with title amendment) 

14         On page 15 of the bill, between lines 10 and 11,

15

16  insert:

17         Section 9.  Subsection (34) is added to section 212.02,

18  Florida Statutes, to read:

19         212.02  Definitions.--The following terms and phrases

20  when used in this chapter have the meanings ascribed to them

21  in this section, except where the context clearly indicates a

22  different meaning:

23         (34)  "Agricultural production" means the production of

24  plants and animals useful to humans, including the

25  preparation, planting, cultivating, or harvesting of these

26  products or any other practices necessary to accomplish

27  production through the harvest phase, and includes

28  aquaculture, horticulture, floriculture, viticulture,

29  forestry, dairy, livestock, poultry, bees, and any and all

30  forms of farm products and farm production.

31         Section 10.  Paragraphs (a) and (d) of subsection (13)

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





  1  of section 253.025, Florida Statutes, are amended to read:

  2         253.025  Acquisition of state lands for purposes other

  3  than preservation, conservation, and recreation.--

  4         (13)(a)  Notwithstanding the provisions of this chapter

  5  and chapters 259 and 375, The Board of Trustees of the

  6  Internal Improvement Trust Fund may deed property to the

  7  Department of Agriculture and Consumer Services, so that the

  8  department shall be able shall have the authority, with the

  9  consent of the majority of the Governor and Cabinet, to sell,

10  convey, transfer, exchange, trade, or purchase land on which a

11  forestry facility resides for money or other more suitable

12  property on which to relocate the facility. Any sale or

13  purchase of property by the Department of Agriculture and

14  Consumer Services shall follow the requirements of subsections

15  (5)-(9). Any sale shall be at fair market value, and any trade

16  shall ensure that the state is getting at least an equal value

17  for the property. Except as provided in subsections (5)-(9),

18  the Department of Agriculture and Consumer Services is

19  excluded from following the provisions of this chapter and

20  chapters 259 and 375. This exclusion shall not apply to lands

21  acquired for conservation purposes in accordance with s.

22  253.034(6)(a) or (b).

23         (d)  There is hereby created in the Department of

24  Agriculture and Consumer Services the Relocation and

25  Construction Trust Fund.  The trust fund is to be used for the

26  sole purpose of effectuating the orderly relocation of the

27  forestry fire towers and work centers as follows: Crestview

28  Work Center, Marianna Work Center, Panama City Headquarters,

29  Tallahassee Headquarters, Southside Towersite, Gainesville

30  Headquarters, Ocala Work Center, Orlando Headquarters,

31  Lakeland Headquarters, Dunedin Work Center, Hamner Towersite,

                                  2

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





  1  Bradenton Headquarters, Venetia Towersite, Fort Myers

  2  Headquarters, Naples Work Center, Philpot Towersite, Sand Hill

  3  Towersite, Mayo Work Center, Benton Towersite, Plymouth

  4  Towersite, Longwood Work Center, Oviedo Towersite, Valrico

  5  Work Center, and Belle Glade Work Center.

  6         Section 11.  Subsection (5) of section 482.051, Florida

  7  Statutes, is amended to read:

  8         482.051  Rules.--The department has authority to adopt

  9  rules pursuant to ss. 120.536(1) and 120.54 to implement the

10  provisions of this chapter.  Prior to proposing the adoption

11  of a rule, the department shall counsel with members of the

12  pest control industry concerning the proposed rule.  The

13  department shall adopt rules for the protection of the health,

14  safety, and welfare of pest control employees and the general

15  public which require:

16         (5)  That any pesticide used for preconstruction soil

17  treatments for the prevention of subterranean termites be

18  applied in the amount, concentration, and treatment area in

19  accordance with the label; that a copy of the label of the

20  registered pesticide being applied be carried in a vehicle at

21  the site where the pesticide is being applied; and that the

22  licensee maintain for 3 years the record of each

23  preconstruction soil treatment, indicating the date of

24  treatment, the location or address of the property treated,

25  the total square footage of the structure treated, the type of

26  pesticide applied, the concentration of each substance in the

27  mixture applied, and the total amount of pesticide applied.

28         Section 12.  Paragraph (g) is added to subsection (2)

29  of section 482.132, Florida Statutes, to read:

30         482.132  Qualifications for examination and

31  certification.--

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





  1         (2)  Each applicant for examination for a pest control

  2  operator's certificate must possess the minimum qualifications

  3  specified in one of the following paragraphs:

  4         (g)  Three years' full-time employment as a service

  5  employee of the United States Department of Defense, who has

  6  been certified to perform pest control in the category or

  7  categories in which the applicant seeks certification, 1 year

  8  of which employment must have been completed in this state

  9  during the year immediately preceding application for

10  examination.  Additionally, the application for certification

11  must be submitted to the Department of Agriculture and

12  Consumer Services within 12 months after the date of

13  termination of employment from the Department of Defense.

14         Section 13.  Subsection (3) of section 487.041, Florida

15  Statutes, is amended to read:

16         487.041  Registration.--

17         (3)  The department shall adopt rules governing the

18  procedures for pesticide registration and for the review of

19  data submitted by an applicant for registration of a

20  pesticide. The department shall determine whether a pesticide

21  should be registered, registered with conditions, or tested

22  under field conditions in this state. The department shall

23  determine that all requests for pesticide registrations meet

24  the requirements of current state and federal law. The

25  department, whenever it deems it necessary in the

26  administration of this part, may require the manufacturer or

27  registrant to submit the complete formula, quantities shipped

28  into or manufactured in the state for distribution and sale,

29  evidence of the efficacy and the safety of any pesticide, and

30  other relevant data. The department may review and evaluate a

31  registered pesticide if new information is made available

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





  1  which indicates that use of the pesticide has caused an

  2  unreasonable adverse effect on public health or the

  3  environment. Such review shall be conducted upon the request

  4  of the Secretary of the Department of Health in the event of

  5  an unreasonable adverse effect on public health or the

  6  Secretary of the Department of Environmental Protection in the

  7  event of an unreasonable adverse effect on the environment.

  8  Such review may result in modifications, revocation,

  9  cancellation or suspension of a pesticide registration. The

10  department, for reasons of adulteration, misbranding, or other

11  good cause, may refuse or revoke the registration of any

12  pesticide, after notice to the applicant or registrant giving

13  the reason for the decision. The applicant may then request a

14  hearing, pursuant to chapter 120, on the intention of the

15  department to refuse or revoke registration, and, upon his or

16  her failure to do so, the refusal or revocation shall become

17  final without further procedure. In no event shall

18  registration of a pesticide be construed as a defense for the

19  commission of any offense prohibited under this part.

20         Section 14.  Subsection (6) is added to section

21  487.081, Florida Statutes, to read:

22         487.081  Exemptions.--

23         (6)  The Department of Environmental Protection is not

24  authorized to institute proceedings against any property owner

25  or leaseholder of property under the provisions of s.

26  376.307(5) to recover any costs or damages associated with

27  pesticide contamination of soil or water, or the evaluation,

28  assessment, or remediation of pesticide contamination of soil

29  or water, including sampling, analysis, and restoration of

30  soil or potable water supplies, subject to the following

31  conditions:

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





  1         (a)  The pesticide contamination of soil or water is

  2  determined to be the result of the use of pesticides by the

  3  property owner or leaseholder, in accordance with state and

  4  federal law, applicable registered labels, and rules on

  5  property classified as agricultural land pursuant to s.

  6  193.461;

  7         (b)  The property owner or leaseholder maintains

  8  records of such pesticide applications and such records are

  9  provided to the department upon request;

10         (c)  In the event of pesticide contamination of soil or

11  water, the department, upon request, shall make such records

12  available to the Department of Environmental Protection;

13         (d)  This subsection does not limit regulatory

14  authority under a federally delegated or approved program; and

15         (e)  This subsection is remedial in nature and shall

16  apply retroactively.

17  The department, in consultation with the Secretary of the

18  Department of Environmental Protection, may adopt rules

19  prescribing the format, content, and retention time for

20  records to be maintained under this subsection.

21         Section 15.  Paragraph (b) of subsection (1) of section

22  500.12, Florida Statutes, is amended to read:

23         500.12  Food permits; building permits.--

24         (1)

25         (b)  An application for a food permit from the

26  department must be accompanied by a fee in an amount

27  determined by department rule, which may not exceed $350,

28  except that the fee accompanying an application for a food

29  permit for operating a bottled water plant may not exceed

30  $1,000 and the fee accompanying an application for a food

31  permit for operating a packaged ice plant may not exceed $250.

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





  1  The fee for operating a bottled water plant or a packaged ice

  2  plant shall be set by rule of the department in an amount

  3  sufficient to meet, but not exceed, the total direct and

  4  indirect costs incurred by the department in carrying out its

  5  permitting, inspection, sampling, enforcement, and

  6  administrative responsibilities for those operations. Food

  7  permits must be renewed annually on or before January 1. If an

  8  application for renewal of a food permit is not received by

  9  the department within 30 days after its due date, a late fee,

10  in an amount not exceeding $100, must be paid in addition to

11  the food permit fee before the department may issue the food

12  permit. The moneys collected shall be deposited in the General

13  Inspection Trust Fund.

14         Section 16.  Subsection (4) of section 500.459, Florida

15  Statutes, is amended to read:

16         500.459  Water vending machines.--

17         (4)  FEES.--A person seeking an operating permit must

18  pay the department a fee not exceeding $200, which fee shall

19  be set by rule of the department in an amount sufficient to

20  meet, but not exceed, the total direct and indirect costs

21  incurred by the department in carrying out its permitting,

22  inspection, sampling, enforcement, and administrative

23  responsibilities under this section. Such fees shall be

24  deposited in the General Inspection Trust Fund and shall be

25  used for the sole purpose of this section.

26         Section 17.  Subsections (2) and (3) of section

27  526.311, Florida Statutes, are amended to read:

28         526.311  Enforcement; civil penalties; injunctive

29  relief.--

30         (2)  The Department of Agriculture and Consumer

31  Services shall investigate any complaints regarding violations

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





  1  of this act and may request in writing the production of

  2  documents and records as part of its investigation of a

  3  complaint. Trade secrets, as defined in s. 812.081, and

  4  proprietary confidential business information contained in the

  5  documents or records received by the department pursuant to a

  6  written request or a Department of Legal Affairs subpoena are

  7  confidential and exempt from the provisions of s. 119.07(1)

  8  and s. 24(a), Art. I of the State Constitution. If the person

  9  upon whom such request was made fails to produce the documents

10  or records within 30 days after the date of the request, the

11  department, through the department's office of general

12  counsel, may of Agriculture and Consumer Services may request

13  that the Department of Legal Affairs issue and serve a

14  subpoena subpoenas to compel the production of such documents

15  and records. If any person shall refuse to comply with a

16  subpoena issued under this section, the department of Legal

17  Affairs may petition a court of competent jurisdiction to

18  enforce the subpoena and assess such sanctions as the court

19  may direct. Refiners shall afford the department of

20  Agriculture and Consumer Services reasonable access to the

21  refiners' posted terminal price.  After completion of an

22  investigation, the Department of Agriculture and Consumer

23  Services shall give the results of its investigation to the

24  Department of Legal Affairs.  The Department of Legal Affairs

25  may then subpoena additional relevant records or testimony if

26  it determines that the Department of Agriculture and Consumer

27  Services' investigation shows a violation has likely occurred.

28  Any records, documents, papers, maps, books, tapes,

29  photographs, files, sound recordings, or other business

30  material, regardless of form or characteristics, obtained by

31  the a department of Legal Affairs subpoena are confidential

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





  1  and exempt from the provisions of s. 119.07(1) and s. 24(a),

  2  Art. I of the State Constitution while the investigation is

  3  pending. At the conclusion of an investigation, any matter

  4  determined by the department of Legal Affairs or by a judicial

  5  or administrative body, federal or state, to be a trade secret

  6  or proprietary confidential business information held by the

  7  department pursuant to such investigation shall be considered

  8  confidential and exempt from the provisions of s. 119.07(1)

  9  and s. 24(a), Art. I of the State Constitution.  Such

10  materials may be used in any administrative or judicial

11  proceeding so long as the confidential or proprietary nature

12  of the material is maintained.

13         (3)  The civil penalty imposed under this section may

14  be assessed and recovered in a civil action brought by the

15  department of Legal Affairs in any court of competent

16  jurisdiction. If the department of Legal Affairs prevails in a

17  civil action, the court may award it reasonable attorneys'

18  fees as it deems appropriate.  All funds recovered by the

19  department of Legal Affairs shall be deposited into shared

20  equally between the Department of Legal Affairs Trust Fund and

21  the General Inspection Trust Fund.

22         Section 18.  Subsection (2) of section 526.312, Florida

23  Statutes, is amended to read:

24         526.312  Enforcement; private actions; injunctive

25  relief.--

26         (2)  On the application for a temporary restraining

27  order or a preliminary injunction, the court, in its

28  discretion having due regard for the public interest, may

29  require or dispense with the requirement of a bond, with or

30  without surety, as conditions and circumstances may require.

31  If a bond is required, the amount shall not be greater than

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





  1  $50,000.  Upon proper application by the plaintiff, the court

  2  shall grant preliminary injunctive relief if the plaintiff

  3  shows:

  4         (a)  That he or she is a proper person to seek the

  5  relief requested.

  6         (b)  There exist sufficiently serious questions going

  7  to the merits to make such questions a fair ground for

  8  litigation; and the court determines, on balance, the

  9  hardships imposed on the defendant and the public interest by

10  the issuance of such preliminary injunctive relief will be

11  less than the hardship which would be imposed on the plaintiff

12  if such preliminary injunctive relief were not granted.

13

14  The standards specified in paragraphs (a) and (b) shall also

15  apply to actions for injunctive relief brought by the

16  department of Legal Affairs under s. 526.311.

17         Section 19.  Section 526.313, Florida Statutes, is

18  amended to read:

19         526.313  Limitations period for actions.--Any action

20  brought by the department of Legal Affairs shall be brought

21  within 2 years after the alleged violation occurred or should

22  reasonably have been discovered.  Any action brought by any

23  other person shall be brought within 1 year after the alleged

24  violation occurred or should reasonably have been discovered,

25  except that a private action brought under s. 526.305 for

26  unlawful price discrimination shall be brought within 2 years

27  from the date the alleged violation occurred or should

28  reasonably have been discovered.

29         Section 20.  Section 526.3135, Florida Statutes, is

30  amended to read:

31         526.3135  Reports by the Division of Standards

                                  10

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





  1  Department of Agriculture and Consumer Services.--The Division

  2  of Standards Department of Agriculture and Consumer Services

  3  is directed to compile a report pursuant to s. 570.544 of all

  4  complaints received by the Department of Agriculture and

  5  Consumer Services pursuant to this act.  Such report shall

  6  contain at least the information required by s.

  7  570.544(6)(b)2.-4. and shall be presented to the Speaker of

  8  the House of Representatives and the President of the Senate

  9  no later than January 1 of each year.

10         Section 21.  There is hereby appropriated $100,000 from

11  the General Revenue Fund and two full-time equivalent

12  positions to the Department of Agriculture and Consumer

13  Services to implement the provisions of Chapter 526, Part I,

14  F.S.

15         Section 22.  Subsection (16) is added to section

16  531.41, Florida Statutes, to read:

17         531.41  Powers and duties of the department.--The

18  department shall:

19         (16)  Provide by rule for the voluntary registration

20  with the department of private weighing and measuring device

21  service agencies or personnel. Such rule shall grant private

22  agencies and personnel that meet all registration requirements

23  and maintain current registered status with the department the

24  authority to place devices that meet all state requirements

25  into commercial service until such time as the devices can be

26  inspected and tested as provided for in subsection (10),

27  provided such devices are reported to the department as

28  prescribed by the rule.

29

30  The provisions of this chapter and rules adopted thereunder

31  notwithstanding, scales routinely used by providers of weight

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





  1  control services shall not be considered commercial weights

  2  and measures when used to determine human weight or to compute

  3  charges or payments for services rendered by such providers on

  4  the basis of said weight, measure, or count.

  5         Section 23.  Subsection (34) of section 570.07, Florida

  6  Statutes, is amended, and subsection (35) is added to said

  7  section, to read:

  8         570.07  Department of Agriculture and Consumer

  9  Services; functions, powers, and duties.--The department shall

10  have and exercise the following functions, powers, and duties:

11         (34)  To adopt policies creating, and providing for the

12  operation of, an employees' benefit fund. Notwithstanding the

13  provisions of chapter 273, the department may deposit moneys

14  received from the disposition of state-owned tangible personal

15  property, specifically livestock maintained and located at the

16  Doyle E. Conner Agricultural Complex, in the employees'

17  benefit fund.

18         (35)  Under emergency conditions, to authorize the

19  purchase of supplemental nutritional food and drink items and

20  set temporary meal expenditure limits for employees engaged in

21  physical activity for prolonged periods of time in excess of

22  the rate established by s. 112.061(6), but not to exceed $50

23  per day.

24         Section 24.  Paragraph (f) is added to subsection (1)

25  of section 570.242, Florida Statutes, to read:

26         570.242  Definitions.--For purposes of this act, the

27  following terms shall have the following meanings:

28         (1)  "Agriculturally depressed area" means a rural area

29  which has declining profitability from agricultural

30  enterprises and one or more of the following characteristics:

31         (f)  Crop losses or economic depression resulting from

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





  1  a natural disaster or socioeconomic conditions or events which

  2  negatively impact a crop.

  3         Section 25.  Paragraph (c) of subsection (1) of section

  4  570.248, Florida Statutes, is amended to read:

  5         570.248  Agricultural Economic Development Project

  6  Review Committee; powers and duties.--

  7         (1)  There is created an Agricultural Economic

  8  Development Project Review Committee consisting of five

  9  members appointed by the commissioner. The members shall be

10  appointed based upon the recommendations submitted by each

11  entity represented on the committee and shall include:

12         (c)  One representative from Enterprise Florida, Inc

13  the Florida Rural Development Committee.

14         Section 26.  Section 570.249, Florida Statutes, is

15  created to read:

16         570.249  Agricultural Economic Development Program

17  disaster loans.--

18         (1)  USE OF LOAN FUNDS.--Loan funds to agricultural

19  producers who have experienced crop losses from a natural

20  disaster or a socioeconomic condition or event may be used to

21  restore or replace essential physical property, such as

22  animals, fences, equipment, structural production facilities,

23  and orchard trees; pay all or part of production costs

24  associated with the disaster year; pay essential family living

25  expenses; and restructure farm debts. Funds may be issued as

26  direct loans, or as loan guarantees for up to 90 percent of

27  the total loan, in amounts not less than $30,000 nor more than

28  $250,000. Applicants must provide at least 10 percent equity.

29         (2)  ELIGIBLE CROPS.--Crops eligible for the emergency

30  loan program include:

31         (a)  Crops grown for human consumption.

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





  1         (b)  Crops planted and grown for livestock consumption,

  2  including, but not limited to, grain, seed, and forage crops.

  3         (c)  Crops grown for fiber, except for trees.

  4         (d)  Specialty crops, such as aquacultural,

  5  floricultural, or ornamental nursery crops; Christmas trees;

  6  turf for sod; industrial crops; and seed crops used to produce

  7  eligible crops.

  8         (3)  FARMING INFORMATION.--A borrower must keep

  9  complete and acceptable farm records and present them as proof

10  of production levels. A borrower must operate in accordance

11  with a farm plan that he or she develops and that is approved

12  by the commissioner. A borrower may be required to participate

13  in a financial management training program and obtain crop

14  insurance.

15         (4)  LOAN APPLICATION.--In order to qualify for a loan

16  under this section, an applicant must submit an application to

17  the committee within 30 days after the date the natural

18  disaster or socioeconomic condition or event occurs or the

19  crop damage becomes apparent. An applicant must be a citizen

20  of the United States, a bona fide resident of the state and,

21  together with the applicant's spouse and their dependents,

22  have a total net worth of less than $100,000. The value of any

23  residential homestead owned by the applicant must not be

24  included in determining the applicant's net worth. An

25  applicant must also demonstrate the need for economic

26  assistance, be worthy of credit according to standards

27  established by the commissioner, prove that he or she cannot

28  obtain commercial credit, and demonstrate that he or she has

29  the ability to repay the loan.

30         (5)  LOAN SECURITY REQUIREMENTS.--All loans must be

31  fully collateralized. A first lien is required on all property

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





  1  or product acquired, produced, or refinanced with loan funds.

  2  The specific type of collateral required may vary depending

  3  upon the loan purpose, repayment ability, and the particular

  4  circumstances of the applicant.

  5         (6)  LOAN REPAYMENT.--Repayment of loans for crops,

  6  livestock, and non-real-estate losses shall normally be made

  7  within 7 years or, in special circumstances, within 20 years.

  8  Loans for physical losses to real estate and buildings shall

  9  not exceed 30 years. Borrowers are expected to return to

10  conventional credit sources when they are financially able.

11  Loans are a temporary source of credit and borrowers must be

12  reviewed periodically to determine whether they can return to

13  conventional credit.

14         Section 27.  Section 570.92, Florida Statutes, is

15  created to read:

16         570.92  Equestrian educational sports program.--The

17  department shall establish an equestrian educational sports

18  program with one or more accredited 4-year state universities,

19  designed to give student riders the opportunity to learn,

20  compete, and succeed at the collegiate level while at the same

21  time promoting the state's multibillion dollar equine

22  industry.

23         Section 28.  Subsection (2) of section 570.952, Florida

24  Statutes, is amended to read:

25         570.952  Florida Agriculture Center and Horse Park

26  Authority.--

27         (2)  The authority shall be composed of 21 23 members

28  appointed by the commissioner.

29         (a)  Members shall include:

30         1.  Three citizens-at-large One citizen-at-large, who

31  shall represent the views of the general public toward

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





  1  agriculture and equine activities in the state.

  2         2.  One representative from the Department of

  3  Agriculture and Consumer Services.

  4         3.  One representative from Enterprise Florida, Inc.

  5         4.  One representative from the Department of

  6  Environmental Protection, Office of Greenways and Trails

  7  Management.

  8         5.  One member of the Ocala/Marion County Chamber of

  9  Commerce.

10         6.  Two representatives of the tourism or hospitality

11  industry.

12         7.  Three representatives of the commercial agriculture

13  industry.

14         8.  Three representatives from recognized horse breed

15  associations.

16         9.  One representative of the veterinary industry.

17         10.  Three representatives from the competitive equine

18  industry.

19         6.  One public/private partnership expert.

20         7.  One member of a private environmental organization.

21         8.  One fruit and vegetable grower.

22         9.  One citrus grower.

23         10.  One commercial feed producer.

24         11.  One livestock/cattle breeder.

25         12.  One quarter horse breeder.

26         13.  One thoroughbred horse breeder.

27         14.  One standardbred horse breeder.

28         15.  One Arabian horse breeder.

29         16.  One color breeds horse breeder.

30         17.  One licensed veterinarian.

31         18.  One Paso Fino horse breeder.

                                  16

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





  1         19.  One ornamental or nursery stock grower.

  2         20.  One representative from the horse show industry.

  3         21.  One representative from the horse sport industry.

  4         11.22.  One representative from the horse pleasure and

  5  trail riding trailriders industry.

  6         12.23.  One representative recommended by from the

  7  Board of County Commissioners of Marion County.

  8         (b)  With the exception of department employees and the

  9  citizen-at-large, each member shall be selected from two or

10  three nominees submitted by recognized statewide organizations

11  representing each interest or trade enumerated in this

12  section. In the absence of nominations, the commissioner shall

13  appoint persons who otherwise meet the qualifications for

14  nomination and appointment to the authority.

15         (b)(c)  Initially, the commissioner shall appoint 11

16  members 12 members shall be appointed for 4-year terms and 10

17  11 members shall be appointed for 2-year terms. Thereafter,

18  each member shall be appointed for a term of 4 years from the

19  date of appointment, except that a vacancy shall be filled by

20  appointment for the remainder of the term.

21         (c)(d)  Any member of the authority who fails to attend

22  three consecutive authority meetings without good cause shall

23  be deemed to have resigned from the authority. The

24  commissioner shall appoint a person representing the same

25  interest or trade as the resigning member. Current members

26  shall continue to serve until successors are appointed.

27         Section 29.  Section 585.89, Florida Statutes, is

28  renumbered as section 287.0822, Florida Statutes, and

29  subsection (1) of said section is amended to read:

30         287.0822 585.89  Beef and pork; prohibition on

31  purchase; bid specifications; penalty.--

                                  17

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





  1         (1)  Fresh or frozen beef or pork that has not been

  2  inspected by the United States Department of Agriculture or by

  3  another state's inspection program which has been approved by

  4  the United States Department of Agriculture the department

  5  shall not be purchased, or caused to be purchased, by any

  6  agency of the state or of any municipality, political

  7  subdivision, school district, or special district for

  8  consumption in this state or for distribution for consumption

  9  in this state. Bid invitations issued by any agency of the

10  state or of any municipality, political subdivision, school

11  district, or special district for the purchase of fresh or

12  frozen beef or pork must specify that only beef or pork

13  inspected and passed by either the United States Department of

14  Agriculture or by another state's inspection program which has

15  been approved by the United States Department of Agriculture

16  the department will be accepted. The supplier or vendor shall

17  certify on the invoice that the fresh or frozen beef or pork

18  or imported beef or pork supplied is either domestic or

19  complies with this subsection.

20         Section 30.  Section 585.92, Florida Statutes, is

21  renumbered as section 287.0821, Florida Statutes, and amended

22  to read:

23         287.0821 585.92  All American and Genuine Florida meat

24  or meat products.--As allowed by the United States Department

25  of Agriculture, each slaughterhouse or meatpacking or

26  processing plant in the state or other person vending any meat

27  or meat product, the meat of which is entirely produced in the

28  United States, may label such meat or meat product "All

29  American", and any such vendor selling any such meat or meat

30  product, the meat of which is entirely produced in the state,

31  may label such meat or meat product "Genuine Florida."

                                  18

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





  1         Section 31.  Subsection (5) of section 590.015, Florida

  2  Statutes, is amended to read:

  3         590.015  Definitions.--As used in this chapter, the

  4  term:

  5         (5)  "Wild land" means any public or private managed or

  6  unmanaged forest, urban/interface, pasture or range land,

  7  recreation lands, or any other land at risk of wildfire.

  8         Section 32.  Section 590.14, Florida Statutes, is

  9  amended to read:

10         590.14  Warning citation; Notice of violation;

11  penalties.--

12         (1)  If unpredicted atmospheric conditions occur which

13  cause an authorized fire to escape from the boundaries of the

14  authorized area, if the fire does not leave the land owned or

15  controlled by the authorization holder, and if no damage has

16  occurred, the division may issue a warning citation of

17  violation of s. 590.125.

18         (1)(2)  If a division employee determines that a person

19  has violated chapter 589 or chapter 590, he or she may issue a

20  notice of violation indicating the statute violated. This

21  notice will be filed with the division and a copy forwarded to

22  the appropriate law enforcement entity for further action if

23  necessary.

24         (2)(3)  In addition to any other penalties provided by

25  law, any person who causes a wildfire or permits any

26  authorized fire to escape the boundaries of the authorization

27  or to burn past the time of the authorization is liable for

28  the payment of all reasonable costs and expenses incurred in

29  suppressing the fire or $150, whichever is greater. All costs

30  and expenses incurred by the division shall be payable to the

31  division. When such costs and expenses are not paid within 30

                                  19

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





  1  days after demand, the division may take proper legal

  2  proceedings for the collection of the costs and expenses.

  3  Those costs incurred by an agency acting at the division's

  4  direction are recoverable by that agency.

  5         (3)(4)  The department may also impose an

  6  administrative fine, not to exceed $1,000 per violation of any

  7  section of chapter 589 or chapter 590. The fine shall be based

  8  upon the degree of damage and prior violation record of the

  9  person. The fines shall be deposited in the Incidental Trust

10  Fund of the division.

11         (4)(5)  The penalties provided in this section shall

12  extend to both the actual violator and the person or persons,

13  firm, or corporation causing, directing, or permitting the

14  violation.

15         Section 33.  Section 590.28, Florida Statutes, is

16  amended to read:

17         590.28  Intentional or reckless careless burning of

18  lands.--

19         (1)  Whoever intentionally burns, sets fire to, or

20  causes to be burned or causes any fire to be set to, any wild

21  land or vegetative land clearing debris not owned by, or in

22  the lawful possession of, the person setting such fire or

23  burning such lands or causing such fire to be set or lands to

24  be burned without complying with s. 590.125, commits a felony

25  of the third degree, punishable as provided in s. 775.082, s.

26  775.083, or s. 775.084.

27         (2)  Whoever recklessly carelessly burns, sets fire to,

28  or causes to be burned any wild lands not owned by, or in the

29  lawful possession of, the person setting the fire or burning

30  the lands or causing the fire to be set or lands to be burned,

31  commits a misdemeanor of the second degree, punishable as

                                  20

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





  1  provided in s. 775.082 or s. 775.083.

  2         Section 34.  Paragraph (b) of subsection (5) and

  3  paragraph (a) of subsection (7) of section 616.242, Florida

  4  Statutes, are amended to read:

  5         616.242  Safety standards for amusement rides.--

  6         (5)  ANNUAL PERMIT.--

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

  8  to the department a written application on a form prescribed

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

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

11  business of the owner.

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

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

14  Amusement Identification Number of the amusement ride.

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

16  amusement ride.

17         4.  An affidavit of compliance that the amusement ride

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

19  ride is in general conformance with the requirements of this

20  section and all applicable rules adopted by the department.

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

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

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

24  department. The owner shall request inspection and permitting

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

26  application with the department. The department shall inspect

27  and permit the amusement ride within 60 days after filing the

28  application with the department of the date the affidavit was

29  executed.

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

31  nondestructive testing dated and executed no earlier than 60

                                  21

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





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

  2  the application with the department. The owner shall request

  3  inspection and permitting of the amusement ride within 60 days

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

  5  department shall inspect and permit the amusement ride within

  6  60 days after filing the application with the department of

  7  the date the affidavit was executed.

  8         6.  A request for inspection.

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

10  department, provide the department a copy of the

11  manufacturer's current recommended operating instructions in

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

13  and any written bulletins in the possession of the owner

14  concerning the safety, operation, or maintenance of the

15  amusement ride.

16         (7)  DEPARTMENT INSPECTIONS.--

17         (a)  In order to obtain an annual permit, an amusement

18  ride must be inspected by the department in accordance with

19  subsection (11) and receive an inspection certificate. In

20  addition, each permanent amusement ride must be inspected

21  semi-annually by the department in accordance with subsection

22  (11) and receive an inspection certificate, and each temporary

23  amusement ride must be inspected by the department in

24  accordance with subsection (11), and must receive an

25  inspection certificate each time the ride is set up or moved

26  to a new location in this state unless the temporary amusement

27  ride is:

28         1.  Used at a private event; or

29         2.  Used at a public event when there are no more than

30  three amusement rides at the event, and the capacity of each

31  amusement ride at the event does not exceed eight persons;

                                  22

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





  1         2.3.  A simulator, the capacity of which does not

  2  exceed 16 persons.; or

  3         4.  A kiddie train used at a public event if there are

  4  no more than three amusement rides at the event.

  5         Section 35.  Subsection (4) of section 828.12, Florida

  6  Statutes, is amended to read:

  7         828.12  Cruelty to animals.--

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

  9  lassos the legs of a horse by any means for the purpose of

10  wagering for entertainment or sport purposes shall be guilty

11  of a third degree felony, punishable as provided in s.

12  775.082, s. 775.083, or s. 775.084.  As used in this

13  subsection, "trip" means any act that consists of the use of

14  any wire, pole, stick, rope, or other apparatus to cause a

15  horse to fall or lose its balance, and "horse" means any

16  animal of any registered breed of the genus Equus, or any

17  recognized hybrid thereof. The provisions of this subsection

18  shall not apply when tripping is used:

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

20  threat to other livestock or human beings;

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

22  horse when its ownership is unknown; or

23         (c)  For the purpose of administering veterinary care

24  to the horse.

25         Section 36.  Subsection (7) of section 828.27, Florida

26  Statutes, is amended to read:

27         828.27  Local animal control or cruelty ordinances;

28  penalty.--

29         (7)  Nothing contained in this section shall prevent

30  any county or municipality from enacting any ordinance

31  relating to animal control or cruelty which is identical to

                                  23

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





  1  the provisions of this chapter or any other state law, except

  2  as to penalty. However, no county or municipal ordinance

  3  relating to animal control or cruelty shall conflict with the

  4  provisions of this chapter or any other state law.

  5  Notwithstanding the provisions of this subsection, the

  6  governing body of any county or municipality is authorized to

  7  enact ordinances prohibiting or regulating noise from any

  8  domesticated animal, violation of which shall be punishable

  9  upon conviction by a fine not to exceed $500 or by

10  imprisonment in the county jail for a period not to exceed 60

11  days, or by both such fine and imprisonment, for each

12  violation of such ordinance. This subsection shall not apply

13  to animals on land zoned for agricultural purposes.

14         Section 37.  The Department of Agriculture and Consumer

15  Services is authorized to negotiate agreements with landowners

16  for water supply in rural areas, provided that:

17         (1)  The water to be supplied is currently available to

18  property owned or controlled by the department; and

19         (2)  The intended use and quantity are not inconsistent

20  with any permit required under part II of chapter 373, Florida

21  Statutes, for the source of supply in effect at the time of

22  the agreement.

23         Section 38.  Repealing ss. 205.1951, 585.70, 585.71,

24  585.715, 585.72, 585.73, 585.74, 585.75, 585.76, 585.77,

25  585.78, 585.79, 585.80, 585.81, 585.82, 585.83, 585.84,

26  585.85, 585.86, 585.87, 585.88, 585.90, 585.902, 585.903,

27  585.904, 585.91, 585.93, and 585.96, Florida Statutes.

28

29

30  ================ T I T L E   A M E N D M E N T ===============

31  And the title is amended as follows:

                                  24

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





  1         On page 2, line 22 after the semicolon,

  2

  3  insert:

  4         amending s. 212.02, F.S.; defining

  5         "agricultural production"; amending s. 253.025,

  6         F.S.; clarifying provisions relating to

  7         conveyance of state lands to the department for

  8         forestry facilities; deleting references to

  9         specific fire tower sites and work centers with

10         respect to use of the department's Relocation

11         and Construction Trust Fund; amending s.

12         482.051, F.S.; revising authority of the

13         department to adopt rules relating to

14         pesticides used for preconstruction treatments;

15         amending s. 482.132, F.S.; providing for pest

16         control operator certification of qualified

17         United States Department of Defense employees;

18         amending s. 487.041, F.S.; authorizing the

19         department to review and evaluate registered

20         pesticides if new information is made available

21         indicating adverse effects on public health or

22         environment; amending s. 487.081, F.S.; waiving

23         liability for pesticide contamination when

24         pesticides are used in accordance with state

25         and federal law; providing for inspection of

26         records; providing rulemaking authority;

27         providing retroactive application; amending ss.

28         500.12 and 500.459, F.S.; deleting certain

29         requirements relating to the setting and use of

30         fees for bottled water plants, packaged ice

31         plants, and water vending machines; amending s.

                                  25

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





  1         526.311, F.S.; revising enforcement provisions;

  2         transferring from the Department of Legal

  3         Affairs to the Department of Agriculture and

  4         Consumer Services responsibilities as the lead

  5         agency to enforce the Motor Fuel Marketing

  6         Practices Act; revising disposition of funds

  7         collected in civil actions; amending ss.

  8         526.312 and 526.313, F.S., to conform; amending

  9         s. 526.3135, F.S.; specifying certain required

10         reporting by the Division of Standards of the

11         Department of Agriculture and Consumer

12         Services; providing an appropriation; amending

13         s. 531.41, F.S.; authorizing the department to

14         provide by rule for voluntary registration of

15         private weighing and measuring device service

16         agencies and personnel; amending s. 570.07,

17         F.S.; authorizing deposit of certain moneys in

18         the department's employees' benefit fund;

19         authorizing the department to purchase

20         supplemental food and drink items and set

21         temporary meal expenditure limits, under

22         emergency conditions; providing restrictions;

23         amending s. 570.242, F.S.; revising the

24         definition of "agriculturally depressed area"

25         under the Agricultural Economic Development

26         Act; amending s. 570.248, F.S.; revising

27         membership of the Agricultural Economic

28         Development Project Review Committee; creating

29         s. 570.249, F.S.; providing for Agricultural

30         Economic Development Program disaster loans;

31         providing criteria for use of loan funds,

                                  26

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





  1         eligible crops, and loan applications;

  2         providing requirements for loan security and

  3         loan repayment; creating s. 570.92, F.S.;

  4         providing for an equestrian educational sports

  5         program at 4-year state universities; amending

  6         s. 570.952, F.S.; revising provisions relating

  7         to membership appointment and terms of the

  8         Florida Agriculture Center and Horse Park

  9         Authority; renumbering and amending s. 585.89,

10         F.S.; authorizing state agencies and entities

11         to purchase fresh or frozen beef or pork

12         inspected by another state's federally approved

13         inspection program; renumbering and amending s.

14         585.92, F.S.; clarifying provisions relating to

15         "All American" and "Genuine Florida" meat or

16         meat products; amending s. 590.015, F.S.;

17         revising the definition of "wild land" in

18         provisions relating to forest protection;

19         amending s. 590.14, F.S.; deleting authority of

20         the Division of Forestry to issue warning

21         citations relating to certain authorized fires;

22         clarifying a penalty; amending s. 590.28, F.S.;

23         providing a penalty for intentional or reckless

24         burning of lands; amending s. 616.242, F.S.;

25         revising timing requirements for inspection and

26         permitting of amusement rides; deleting

27         exemptions from inspection requirements for

28         certain temporary amusement rides at public

29         events; amending s. 828.12, F.S.; revising

30         provisions relating to cruelty to animals;

31         providing authority to the department to

                                  27

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                                                   HOUSE AMENDMENT

                                    Bill No. CS for CS for SB 1114

    Amendment No. ___ (for drafter's use only)





  1         negotiate agreements with certain landowners

  2         for water use in rural areas; amending s.

  3         828.27, F.S.; authorizing counties and

  4         municipalities to enact ordinances prohibiting

  5         or regulating noise from domesticated animals;

  6         providing nonapplicability; providing

  7         penalties; repealing s. 205.1951, F.S.,

  8         relating to local occupational licenses for

  9         establishments regulated under the state meat

10         inspection program; repealing ss. 585.70,

11         585.71, 585.715, 585.72, 585.73, 585.74,

12         585.75, 585.76, 585.77, 585.78, 585.79, 585.80,

13         585.81, 585.82, 585.83, 585.84, 585.85, 585.86,

14         585.87, 585.88, 585.90, 585.902, 585.903,

15         585.904, 585.91, 585.93, and 585.96, F.S.,

16         relating to the state meat inspection program;

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  28

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