Senate Bill 1904c1

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    Florida Senate - 2000                           CS for SB 1904

    By the Committee on Agriculture and Consumer Services; and
    Senator Thomas




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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         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.; deleting

14         certain requirements relating to the setting

15         and use of fees for bottled water plants,

16         packaged ice plants, and water vending

17         machines; amending s. 531.41, F.S.; authorizing

18         the department to provide by rule for voluntary

19         registration of private weighing and measuring

20         device service agencies and personnel; amending

21         s. 570.07, F.S.; authorizing the department to

22         purchase supplemental food and drink items and

23         set temporary meal expenditure limits, under

24         emergency conditions; providing restrictions;

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

26         relating to membership appointment and terms of

27         the Florida Agriculture Center and Horse Park

28         Authority; renumbering and amending s. 585.89,

29         F.S.; revising provisions relating to state

30         purchase of beef and pork; renumbering and

31         amending s. 585.92, F.S.; revising provisions

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  1         relating to labeling of meat sold to the state;

  2         repealing ss. 585.70, 585.71, 585.715, 585.72,

  3         585.73, 585.74, 585.75, 585.76, 585.77, 585.78,

  4         585.79, 585.80, 585.81, 585.82, 585.83, 585.84,

  5         585.85, 585.86, 585.87, 585.88, 585.90,

  6         585.902, 585.903, 585.904, 585.91, 585.93,

  7         585.96, F.S., relating to animal and animal

  8         product inspection and labeling; repealing s.

  9         205.1951, F.S., relating to custom

10         slaughtering; amending s. 590.015, F.S.;

11         revising the definition of "wild land" in

12         provisions relating to forest protection;

13         amending s. 590.14, F.S.; deleting a provision

14         allowing the Division of Forestry to issue a

15         warning citation with respect to authorized

16         fires; amending s. 590.28, F.S.; redesignating

17         the offense of careless burning as "reckless"

18         burning; amending s. 616.242, F.S.; revising

19         timing requirements for inspection and

20         permitting of amusement rides; deleting

21         exemptions from inspection requirements for

22         certain temporary amusement rides at public

23         events; amending s. 823.14, F.S.; limiting

24         local government regulations with respect to

25         the Right to Farm Act; providing authority to

26         the Department of Agriculture and Consumer

27         Services to negotiate agreements with certain

28         land owners for water use in rural areas;

29         providing an effective date.

30

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

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

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

  3         253.025  Acquisition of state lands for purposes other

  4  than preservation, conservation, and recreation.--

  5         (13)(a)  The Board of Trustees of the Internal

  6  Improvement Trust Fund may deed property to Notwithstanding

  7  the provisions of this chapter and chapters 259 and 375, the

  8  Department of Agriculture and Consumer Services so that the

  9  department shall be able have the authority, with the consent

10  of the majority of the Governor and Cabinet, to sell, convey,

11  transfer, exchange, trade, or purchase land on which a

12  forestry facility resides for money or other more suitable

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

14  purchase of property by the Department of Agriculture and

15  Consumer Services shall follow the requirements of subsections

16  (5)-(9). Any sale shall be at fair market value, and any trade

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

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

19  the Department of Agriculture and Consumer Services is

20  excluded from following the provisions of this chapter and

21  chapters 259 and 375.

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

23  Agriculture and Consumer Services the Relocation and

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

25  sole purpose of effectuating the orderly relocation of the

26  forestry fire towers and work centers as follows: Crestview

27  Work Center, Marianna Work Center, Panama City Headquarters,

28  Tallahassee Headquarters, Southside Towersite, Gainesville

29  Headquarters, Ocala Work Center, Orlando Headquarters,

30  Lakeland Headquarters, Dunedin Work Center, Hamner Towersite,

31  Bradenton Headquarters, Venetia Towersite, Fort Myers

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

  2  Towersite, Mayo Work Center, Benton Towersite, Plymouth

  3  Towersite, Longwood Work Center, Oviedo Towersite, Valrico

  4  Work Center, and Belle Glade Work Center.

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

  6  Statutes, is amended to read:

  7         482.051  Rules.--The department has authority to adopt

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

  9  provisions of this chapter.  Prior to proposing the adoption

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

11  pest control industry concerning the proposed rule.  The

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

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

14  public which require:

15         (5)  That any pesticide used for preconstruction soil

16  treatments for the prevention of subterranean termites be

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

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

19  registered pesticide being applied be carried in a vehicle at

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

21  licensee maintain for 3 years the record of each

22  preconstruction soil treatment, indicating the date of

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

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

25  pesticide applied, the concentration of each substance in the

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

27         Section 3.  Paragraph (b) of subsection (1) of section

28  500.12, Florida Statutes, is amended to read:

29         500.12  Food permits; building permits.--

30         (1)

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

  2  department must be accompanied by a fee in an amount

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

  4  except that the fee accompanying an application for a food

  5  permit for operating a bottled water plant may not exceed

  6  $1,000 and the fee accompanying an application for a food

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

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

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

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

11  indirect costs incurred by the department in carrying out its

12  permitting, inspection, sampling, enforcement, and

13  administrative responsibilities for those operations. Food

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

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

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

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

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

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

20  Inspection Trust Fund.

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

22  Statutes, is amended to read:

23         500.459  Water vending machines.--

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

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

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

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

28  incurred by the department in carrying out its permitting,

29  inspection, sampling, enforcement, and administrative

30  responsibilities under this section. Such fees shall be

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  1  deposited in the General Inspection Trust Fund and shall be

  2  used for the sole purpose of this section.

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

  4  Florida Statutes, to read:

  5         531.41  Powers and duties of the department.--The

  6  department shall:

  7         (16)  Provide by rule for the voluntary registration

  8  with the department of private weighing and measuring device

  9  service agencies or personnel. Such rule shall grant private

10  agencies and personnel that meet all registration requirements

11  and maintain current registered status with the department the

12  authority to place devices that meet all state requirements

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

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

15  provided such devices are reported to the department as

16  prescribed by the rule.

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18  The provisions of this chapter and rules adopted thereunder

19  notwithstanding, scales routinely used by providers of weight

20  control services shall not be considered commercial weights

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

22  charges or payments for services rendered by such providers on

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

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

25  Florida Statutes, to read:

26         570.07  Department of Agriculture and Consumer

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

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

29         (35)  Under emergency conditions, to authorize the

30  purchase of supplemental nutritional food and drink items and

31  set temporary meal expenditure limits for employees engaged in

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  1  physical activity for prolonged periods of time in excess of

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

  3  per day.

  4         Section 7.  Subsection (2) of section 570.952, Florida

  5  Statutes, is amended to read:

  6         570.952  Florida Agriculture Center and Horse Park

  7  Authority.--

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

  9  appointed by the commissioner.

10         (a)  Members shall include:

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

12  shall represent the views of the general public toward

13  agriculture and equine activities in the state.

14         2.  One representative from the Department of

15  Agriculture and Consumer Services.

16         3.  One representative from Enterprise Florida, Inc.

17         4.  One representative from the Department of

18  Environmental Protection, Office of Greenways and Trails

19  Management.

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

21  Commerce.

22         6.  Two representatives of the tourism or hospitality

23  industry.

24         7.  Three representatives of the commercial agriculture

25  industry.

26         8.  Three representatives from recognized horse breed

27  associations.

28         9.  One representative of the veterinary industry.

29         10.  Three representatives from the competitive equine

30  industry.

31         6.  One public/private partnership expert.

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  1         7.  One member of a private environmental organization.

  2         8.  One fruit and vegetable grower.

  3         9.  One citrus grower.

  4         10.  One commercial feed producer.

  5         11.  One livestock/cattle breeder.

  6         12.  One quarter horse breeder.

  7         13.  One thoroughbred horse breeder.

  8         14.  One standardbred horse breeder.

  9         15.  One Arabian horse breeder.

10         16.  One color breeds horse breeder.

11         17.  One licensed veterinarian.

12         18.  One Paso Fino horse breeder.

13         19.  One ornamental or nursery stock grower.

14         20.  One representative from the horse show industry.

15         21.  One representative from the horse sport industry.

16         11.22.  One representative from the horse pleasure and

17  trail riding trailriders industry.

18         12.23.  One representative recommended by from the

19  Board of County Commissioners of Marion County.

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

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

22  three nominees submitted by recognized statewide organizations

23  representing each interest or trade enumerated in this

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

25  appoint persons who otherwise meet the qualifications for

26  nomination and appointment to the authority.

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

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

29  11 members shall be appointed for 2-year terms. Thereafter,

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

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

  2  appointment for the remainder of the term.

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

  4  three consecutive authority meetings without good cause shall

  5  be deemed to have resigned from the authority. The

  6  commissioner shall appoint a person representing the same

  7  interest or trade as the resigning member. Current members

  8  shall continue to serve until successors are appointed.

  9         Section 8.  Section 585.89, Florida Statutes, is

10  transferred, renumbered as section 287.1395, Florida Statutes,

11  and amended to read:

12         287.1395 585.89  Beef and pork; prohibition on

13  purchase; bid specifications; penalty.--

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

15  inspected by the United States Department of Agriculture or

16  any other state's United States Department of

17  Agriculture-approved program the department shall not be

18  purchased, or caused to be purchased, by any agency of the

19  state or of any municipality, political subdivision, school

20  district, or special district for consumption in this state or

21  for distribution for consumption in this state. Bid

22  invitations issued by any agency of the state or of any

23  municipality, political subdivision, school district, or

24  special district for the purchase of fresh or frozen beef or

25  pork must specify that only beef or pork inspected and passed

26  by either the United States Department of Agriculture or any

27  other state's United States Department of Agriculture-approved

28  program the department will be accepted. The supplier or

29  vendor shall certify on the invoice that the fresh or frozen

30  beef or pork or imported beef or pork supplied is either

31  domestic or complies with this subsection.

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  1         (2)  All bid invitations for purchase of fresh or

  2  frozen meats of any kind by any agency of the state or of any

  3  municipality, political subdivision, school district, or

  4  special district using state or local funds shall include the

  5  words: " 'All American' and 'Genuine Florida' meats or meat

  6  products shall be granted preference as allowed by Section

  7  287.082, Florida Statutes."

  8         (3)  Any person who knowingly violates or causes to be

  9  violated the provisions of this section shall be personally

10  liable to the affected public agency for any funds spent in

11  violation of the provisions of this section.

12         Section 9.  Section 585.92, Florida Statutes, is

13  transferred, renumbered as section 287.1396, Florida Statutes,

14  and amended to read:

15         287.1396 585.92  All American and Genuine Florida meat

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

17  of Agriculture, each slaughterhouse or meatpacking or

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

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

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

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

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

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

24         Section 10.  Sections 585.70, 585.71, 585.715, 585.72,

25  585.73, 585.74, 585.75, 585.76, 585.77, 585.78, 585.79,

26  585.80, 585.81, 585.82, 585.83, 585.84, 585.85, 585.86,

27  585.87, 585.88, 585.90, 585.902, 585.903, 585.904, 585.91,

28  585.93, 585.96, and 205.1951, Florida Statutes, are repealed.

29         Section 11.  Subsection (5) of section 590.015, Florida

30  Statutes, is amended to read:

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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 12.  Section 590.14, Florida Statutes, is

  7  amended to read:

  8         590.14  Warning citation; Notice of violation;

  9  penalties.--

10         (1)  If unpredicted atmospheric conditions occur which

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

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

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

14  occurred, the division may issue a warning citation of

15  violation of s. 590.125.

16         (1)(2)  If a division employee determines that a person

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

18  notice of violation indicating the statute violated. This

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

20  the appropriate law enforcement entity for further action if

21  necessary.

22         (2)(3)  In addition to any other penalties provided by

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

24  authorized fire to escape the boundaries of the authorization

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

26  the payment of all reasonable costs and expenses incurred in

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

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

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

30  days after demand, the division may take proper legal

31  proceedings for the collection of the costs and expenses.

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

  2  direction are recoverable by that agency.

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

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

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

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

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

  8  Fund of the division.

  9         (4)(5)  The penalties provided in this section shall

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

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

12  violation.

13         Section 13.  Section 590.28, Florida Statutes, is

14  amended to read:

15         590.28  Intentional or reckless careless burning of

16  lands.--

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

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

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

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

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

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

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

24  775.083, or s. 775.084.

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

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

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

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

29  commits a misdemeanor of the second degree, punishable as

30  provided in s. 775.082 or s. 775.083.

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  1         Section 14.  Paragraph (b) of subsection (5) and

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

  3  Statutes, are amended to read:

  4         616.242  Safety standards for amusement rides.--

  5         (5)  ANNUAL PERMIT.--

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

  7  to the department a written application on a form prescribed

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

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

10  business of the owner.

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

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

13  Amusement Identification Number of the amusement ride.

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

15  amusement ride.

16         4.  An affidavit of compliance that the amusement ride

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

18  ride is in general conformance with the requirements of this

19  section and all applicable rules adopted by the department.

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

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

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

23  department. The owner shall request inspection and permitting

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

25  application with the department. The department shall inspect

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

27  application with the department of the date the affidavit was

28  executed.

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

30  nondestructive testing dated and executed no earlier than 60

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

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  1  the application with the department. The owner shall request

  2  inspection and permitting of the amusement ride within 60 days

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

  4  department shall inspect and permit the amusement ride within

  5  60 days after filing the application with the department of

  6  the date the affidavit was executed.

  7         6.  A request for inspection.

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

  9  department, provide the department a copy of the

10  manufacturer's current recommended operating instructions in

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

12  and any written bulletins in the possession of the owner

13  concerning the safety, operation, or maintenance of the

14  amusement ride.

15         (7)  DEPARTMENT INSPECTIONS.--

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

17  ride must be inspected by the department in accordance with

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

19  addition, each permanent amusement ride must be inspected

20  semi-annually by the department in accordance with subsection

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

22  amusement ride must be inspected by the department in

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

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

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

26  ride is:

27         1.  Used at a private event; or

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

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

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

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  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 15.  Subsection (6) is added to section 823.14,

  6  Florida Statutes, to read:

  7         823.14  Florida Right to Farm Act.--

  8         (6)  LIMITATION OF LOCAL GOVERNMENT REGULATIONS.--A

  9  local government may not adopt any ordinance, regulation,

10  rule, or policy to prohibit, restrict, regulate, or otherwise

11  limit the continuing agricultural use of any land currently

12  engaged in bona fide production of a farm product as produced

13  by those agricultural industries enumerated in s. 570.02(1).

14         Section 16.  The Department of Agriculture and Consumer

15  Services may negotiate agreements with landowners for water

16  use in rural areas if there is no major diminishment on state

17  water supplies caused by such agreement.

18         Section 17.  This act shall take effect July 1, 2000.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1904

  3

  4  The Committee Substitute for Senate Bill 1904 is different
    from Senate Bill 1904 in that it:
  5
    *     Deletes an exemption from food permit requirements for
  6        certain egg processing plants;

  7  *     Repeals obsolete sections of the statutes pertaining to
          meat inspection which is no longer regulated by the
  8        state;

  9  *     Deletes a provision that the Division of Forestry of the
          Department of Agriculture and Consumer Services may
10        issue a warning citation if an authorized fire escapes
          from the boundaries of an authorized area, if the fire
11        does not leave the land owned or controlled by the
          authorization holder, and if no damage has occurred;
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    *     Redesignates the offense of careless burning as
13        "reckless" burning;

14  *     Limits local government regulations with respect to the
          Right to Farm Act; and
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    *     Authorizes the Department of Agriculture and Consumer
16        Services to negotiate agreements with landowners for
          water use in rural areas.
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