Senate Bill 1904

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    Florida Senate - 2000                                  SB 1904

    By Senator Thomas





    3-1172-00

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Agriculture and Consumer Services; amending s.

  4         253.025, F.S.; clarifying provisions relating

  5         to conveyance of state lands to the department

  6         for forestry facilities; deleting references to

  7         specific fire tower sites and work centers with

  8         respect to use of the department's Relocation

  9         and Construction Trust Fund; amending s.

10         482.051, F.S.; revising authority of the

11         department to adopt rules relating to

12         pesticides used for preconstruction treatments;

13         amending ss. 500.12, 500.459, F.S.; providing

14         an exemption from food permit requirements for

15         certain egg processing plants; deleting certain

16         requirements relating to the setting and use of

17         fees for bottled water plants, packaged ice

18         plants, and water vending machines; amending s.

19         531.41, F.S.; authorizing the department to

20         provide by rule for voluntary registration of

21         private weighing and measuring device service

22         agencies and personnel; amending s. 570.07,

23         F.S.; authorizing the department to purchase

24         supplemental food and drink items and set

25         temporary meal expenditure limits, under

26         emergency conditions; providing restrictions;

27         amending s. 570.952, F.S.; revising provisions

28         relating to membership appointment and terms of

29         the Florida Agriculture Center and Horse Park

30         Authority; amending s. 590.015, F.S.; revising

31         the definition of "wild land" in provisions

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  1         relating to forest protection; amending s.

  2         616.242, F.S.; revising timing requirements for

  3         inspection and permitting of amusement rides;

  4         deleting exemptions from inspection

  5         requirements for certain temporary amusement

  6         rides at public events; providing an effective

  7         date.

  8

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

10

11         Section 1.  Paragraphs (a) and (d) of subsection (13)

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

13         253.025  Acquisition of state lands for purposes other

14  than preservation, conservation, and recreation.--

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

16  and chapters 259 and 375, the Board of Trustees of the

17  Internal Improvement Trust Fund Department of Agriculture and

18  Consumer Services shall have the authority, with the consent

19  of the majority of the Governor and Cabinet, shall convey

20  property to the Department of Agriculture and Consumer

21  Services to permit the department to sell, convey, transfer,

22  exchange, trade, or purchase land on which a forestry facility

23  resides for money or other more suitable property on which to

24  relocate the facility. Any sale or purchase of property by the

25  Department of Agriculture and Consumer Services shall follow

26  the requirements of subsections (5)-(9). Any sale shall be at

27  fair market value, and any trade shall ensure that the state

28  is getting at least an equal value for the property.

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

30  Agriculture and Consumer Services the Relocation and

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

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    Florida Senate - 2000                                  SB 1904
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  1  sole purpose of effectuating the orderly relocation of the

  2  forestry fire towers and work centers as follows: Crestview

  3  Work Center, Marianna Work Center, Panama City Headquarters,

  4  Tallahassee Headquarters, Southside Towersite, Gainesville

  5  Headquarters, Ocala Work Center, Orlando Headquarters,

  6  Lakeland Headquarters, Dunedin Work Center, Hamner Towersite,

  7  Bradenton Headquarters, Venetia Towersite, Fort Myers

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

  9  Towersite, Mayo Work Center, Benton Towersite, Plymouth

10  Towersite, Longwood Work Center, Oviedo Towersite, Valrico

11  Work Center, and Belle Glade Work Center.

12         Section 2.  Subsection (5) of section 482.051, Florida

13  Statutes, is amended to read:

14         482.051  Rules.--The department has authority to adopt

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

16  provisions of this chapter.  Prior to proposing the adoption

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

18  pest control industry concerning the proposed rule.  The

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

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

21  public which require:

22         (5)  That any pesticide used for preconstruction soil

23  treatments for the prevention of subterranean termites be

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

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

26  registered pesticide being applied be carried in a vehicle at

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

28  licensee maintain for 3 years the record of each

29  preconstruction soil treatment, indicating the date of

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

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

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  1  pesticide applied, the concentration of each substance in the

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

  3         Section 3.  Paragraphs (a) and (b) of subsection (1) of

  4  section 500.12, Florida Statutes, are amended to read:

  5         500.12  Food permits; building permits.--

  6         (1)(a)  A food permit from the department is required

  7  of any person who operates a food establishment or retail food

  8  store, except:

  9         1.  Persons operating minor food outlets, including,

10  but not limited to, video stores, that sell commercially

11  prepackaged, nonpotentially hazardous candy, chewing gum,

12  soda, or popcorn, provided the shelf space for those items

13  does not exceed 12 linear feet and no other food is sold by

14  the minor food outlet.

15         2.  Persons subject to continuous, onsite federal or

16  state inspection.

17         3.  Persons selling only legumes in the shell, either

18  parched, roasted, or boiled.

19         4.  Shell egg processing plants which are under

20  continuous inspection by the United States Food and Drug

21  Administration.

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

23  department must be accompanied by a fee in an amount

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

25  except that the fee accompanying an application for a food

26  permit for operating a bottled water plant may not exceed

27  $1,000 and the fee accompanying an application for a food

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

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

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

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

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  1  indirect costs incurred by the department in carrying out its

  2  permitting, inspection, sampling, enforcement, and

  3  administrative responsibilities for those operations. Food

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

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

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

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

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

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

10  Inspection Trust Fund.

11         Section 4.  Subsection (4) of section 500.459, Florida

12  Statutes, is amended to read:

13         500.459  Water vending machines.--

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

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

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

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

18  incurred by the department in carrying out its permitting,

19  inspection, sampling, enforcement, and administrative

20  responsibilities under this section. Such fees shall be

21  deposited in the General Inspection Trust Fund and shall be

22  used for the sole purpose of this section.

23         Section 5.  Subsection (16) is added to section 531.41,

24  Florida Statutes, to read:

25         531.41  Powers and duties of the department.--The

26  department shall:

27         (16)  Provide by rule for the voluntary registration

28  with the department of private weighing and measuring device

29  service agencies or personnel. Such rule shall grant private

30  agencies and personnel that meet all registration requirements

31  and maintain current registered status with the department the

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  1  authority to place devices that meet all state requirements

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

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

  4  provided such devices are reported to the department as

  5  prescribed by the rule.

  6

  7  The provisions of this chapter and rules adopted thereunder

  8  notwithstanding, scales routinely used by providers of weight

  9  control services shall not be considered commercial weights

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

11  charges or payments for services rendered by such providers on

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

13         Section 6.  Subsection (35) is added to section 570.07,

14  Florida Statutes, to read:

15         570.07  Department of Agriculture and Consumer

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

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

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 7.  Subsection (2) of section 570.952, Florida

25  Statutes, is amended to read:

26         570.952  Florida Agriculture Center and Horse Park

27  Authority.--

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

29  appointed by the commissioner.

30         (a)  Members shall include:

31

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

  2  shall represent the views of the general public toward

  3  agriculture and equine activities in the state.

  4         2.  One representative from the Department of

  5  Agriculture and Consumer Services.

  6         3.  One representative from Enterprise Florida, Inc.

  7         4.  One representative from the Department of

  8  Environmental Protection, Office of Greenways and Trails

  9  Management.

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

11  Commerce.

12         6.  Two representatives of the tourism or hospitality

13  industry.

14         7.  Three representatives of the commercial agriculture

15  industry.

16         8.  Three representatives from recognized horse breed

17  associations.

18         9.  One representative of the veterinary industry.

19         10.  Three representatives from the competitive equine

20  industry.

21         6.  One public/private partnership expert.

22         7.  One member of a private environmental organization.

23         8.  One fruit and vegetable grower.

24         9.  One citrus grower.

25         10.  One commercial feed producer.

26         11.  One livestock/cattle breeder.

27         12.  One quarter horse breeder.

28         13.  One thoroughbred horse breeder.

29         14.  One standardbred horse breeder.

30         15.  One Arabian horse breeder.

31         16.  One color breeds horse breeder.

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  1         17.  One licensed veterinarian.

  2         18.  One Paso Fino horse breeder.

  3         19.  One ornamental or nursery stock grower.

  4         20.  One representative from the horse show industry.

  5         21.  One representative from the horse sport industry.

  6         11.22.  One representative from the horse pleasure and

  7  trail riding trailriders industry.

  8         12.23.  One representative recommended by from the

  9  Board of County Commissioners of Marion County.

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

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

12  three nominees submitted by recognized statewide organizations

13  representing each interest or trade enumerated in this

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

15  appoint persons who otherwise meet the qualifications for

16  nomination and appointment to the authority.

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

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

19  11 members shall be appointed for 2-year terms. Thereafter,

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

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

22  appointment for the remainder of the term.

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

24  three consecutive authority meetings without good cause shall

25  be deemed to have resigned from the authority. The

26  commissioner shall appoint a person representing the same

27  interest or trade as the resigning member. Current members

28  shall continue to serve until successors are appointed.

29         Section 8.  Subsection (5) of section 590.015, Florida

30  Statutes, is amended to read:

31

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    Florida Senate - 2000                                  SB 1904
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  1         590.015  Definitions.--As used in this chapter, the

  2  term:

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

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

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

  6         Section 9.  Paragraph (b) of subsection (5) and

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

  8  Statutes, are amended to read:

  9         616.242  Safety standards for amusement rides.--

10         (5)  ANNUAL PERMIT.--

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

12  to the department a written application on a form prescribed

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

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

15  business of the owner.

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

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

18  Amusement Identification Number of the amusement ride.

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

20  amusement ride.

21         4.  An affidavit of compliance that the amusement ride

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

23  ride is in general conformance with the requirements of this

24  section and all applicable rules adopted by the department.

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

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

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

28  department. The owner shall request inspection and permitting

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

30  application with the department. The department shall inspect

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

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  1  application with the department of the date the affidavit was

  2  executed.

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

  4  nondestructive testing dated and executed no earlier than 60

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

  6  the application with the department. The owner shall request

  7  inspection and permitting of the amusement ride within 60 days

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

  9  department shall inspect and permit the amusement ride within

10  60 days after filing the application with the department of

11  the date the affidavit was executed.

12         6.  A request for inspection.

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

14  department, provide the department a copy of the

15  manufacturer's current recommended operating instructions in

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

17  and any written bulletins in the possession of the owner

18  concerning the safety, operation, or maintenance of the

19  amusement ride.

20         (7)  DEPARTMENT INSPECTIONS.--

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

22  ride must be inspected by the department in accordance with

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

24  addition, each permanent amusement ride must be inspected

25  semi-annually by the department in accordance with subsection

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

27  amusement ride must be inspected by the department in

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

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

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

31  ride is:

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  1         1.  Used at a private event; or

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

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

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

  5         2.3.  A simulator, the capacity of which does not

  6  exceed 16 persons.; or

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

  8  no more than three amusement rides at the event.

  9         Section 10.  This act shall take effect July 1, 2000.

10

11            *****************************************

12                       LEGISLATIVE SUMMARY

13
      Clarifies provisions relating to conveyance of state
14    lands to the Department of Agriculture and Consumer
      Services. Removes references to specific fire tower sites
15    and work centers from provisions relating to the
      department's Relocation and Construction Trust Fund.
16    Revises department authority to adopt rules relating to
      pesticides used for preconstruction treatments. Provides
17    an exemption from food permit requirements for federally
      inspected egg processing plants. Removes certain
18    requirements relating to the fees for bottled water
      plants, packaged ice plants, and water vending machines.
19    Authorizes the department to provide by rule for
      voluntary registration of private weighing and measuring
20    device service agencies and personnel. Authorizes the
      department, under emergency conditions, to purchase
21    supplemental food and drink items and set certain
      temporary meal expenditure limits. Revises appointment of
22    members of the Florida Agriculture Center and Horse Park
      Authority. Revises the definition of "wild land,"
23    relating to forest protection. Revises timing
      requirements for inspection and permitting of amusement
24    rides. Removes exemptions from inspection requirements
      for certain temporary rides at public events.
25

26

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29

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