Senate Bill 1904c2

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    Florida Senate - 2000                    CS for CS for SB 1904

    By the Committees on Natural Resources; Agriculture and
    Consumer Services; and Senator Thomas




    312-2010-00

  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.; 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.; allowing the department to

22         deposit money from the sale of certain personal

23         property in the employees' benefit funds;

24         authorizing the department to purchase

25         supplemental food and drink items and set

26         temporary meal expenditure limits, under

27         emergency conditions; providing restrictions;

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

29         relating to membership appointment and terms of

30         the Florida Agriculture Center and Horse Park

31         Authority; renumbering and amending s. 585.89,

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  1         F.S.; revising provisions relating to state

  2         purchase of beef and pork; renumbering and

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

  4         relating to labeling of meat sold to the state;

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

  6         585.73, 585.74, 585.75, 585.76, 585.77, 585.78,

  7         585.79, 585.80, 585.81, 585.82, 585.83, 585.84,

  8         585.85, 585.86, 585.87, 585.88, 585.90,

  9         585.902, 585.903, 585.904, 585.91, 585.93,

10         585.96, F.S., relating to animal and animal

11         product inspection and labeling; repealing s.

12         205.1951, F.S., relating to custom

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

14         revising the definition of "wild land" in

15         provisions relating to forest protection;

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

17         allowing the Division of Forestry to issue a

18         warning citation with respect to authorized

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

20         the offense of careless burning as "reckless"

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

22         timing requirements for inspection and

23         permitting of amusement rides; deleting

24         exemptions from inspection requirements for

25         certain temporary amusement rides at public

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

27         local government regulations with respect to

28         the Right to Farm Act; providing authority to

29         the Department of Agriculture and Consumer

30         Services to negotiate agreements with certain

31         land owners for water use in rural areas;

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  1         amending s. 570.242, F.S.; modifying the

  2         definition of the term "agriculturally

  3         repressed area"; amending s. 570.248, F.S.;

  4         revising the membership of the Agricultural

  5         Economic Development Project Review Committee;

  6         creating s. 570.249, F.S.; creating the

  7         Agricultural Economic Development Program

  8         Disaster Loans; creating s. 570.911, F.S.;

  9         providing for an equestrian educational sports

10         program at 4-year state universities;

11         providing an effective date.

12

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

14

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

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

17         253.025  Acquisition of state lands for purposes other

18  than preservation, conservation, and recreation.--

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

20  Improvement Trust Fund may deed property to Notwithstanding

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

22  Department of Agriculture and Consumer Services so that the

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

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

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

26  forestry facility resides for money or other more suitable

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

28  purchase of property by the Department of Agriculture and

29  Consumer Services shall follow the requirements of subsections

30  (5)-(9). Any sale shall be at fair market value, and any trade

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

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

  2  the Department of Agriculture and Consumer Services is

  3  excluded from following the provisions of this chapter and

  4  chapters 259 and 375. This exclusion does not apply to lands

  5  acquired for conservation purposes in accordance with s.

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

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

  8  Agriculture and Consumer Services the Relocation and

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

10  sole purpose of effectuating the orderly relocation of the

11  forestry fire towers and work centers as follows: Crestview

12  Work Center, Marianna Work Center, Panama City Headquarters,

13  Tallahassee Headquarters, Southside Towersite, Gainesville

14  Headquarters, Ocala Work Center, Orlando Headquarters,

15  Lakeland Headquarters, Dunedin Work Center, Hamner Towersite,

16  Bradenton Headquarters, Venetia Towersite, Fort Myers

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

18  Towersite, Mayo Work Center, Benton Towersite, Plymouth

19  Towersite, Longwood Work Center, Oviedo Towersite, Valrico

20  Work Center, and Belle Glade Work Center.

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

22  Statutes, is amended to read:

23         482.051  Rules.--The department has authority to adopt

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

25  provisions of this chapter.  Prior to proposing the adoption

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

27  pest control industry concerning the proposed rule.  The

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

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

30  public which require:

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  1         (5)  That any pesticide used for preconstruction soil

  2  treatments for the prevention of subterranean termites be

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

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

  5  registered pesticide being applied be carried in a vehicle at

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

  7  licensee maintain for 3 years the record of each

  8  preconstruction soil treatment, indicating the date of

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

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

11  pesticide applied, the concentration of each substance in the

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

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

14  500.12, Florida Statutes, is amended to read:

15         500.12  Food permits; building permits.--

16         (1)

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

18  department must be accompanied by a fee in an amount

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

20  except that the fee accompanying an application for a food

21  permit for operating a bottled water plant may not exceed

22  $1,000 and the fee accompanying an application for a food

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

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

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

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

27  indirect costs incurred by the department in carrying out its

28  permitting, inspection, sampling, enforcement, and

29  administrative responsibilities for those operations. Food

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

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

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

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

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

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

  5  Inspection Trust Fund.

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

  7  Statutes, is amended to read:

  8         500.459  Water vending machines.--

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

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

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

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

13  incurred by the department in carrying out its permitting,

14  inspection, sampling, enforcement, and administrative

15  responsibilities under this section. Such fees shall be

16  deposited in the General Inspection Trust Fund and shall be

17  used for the sole purpose of this section.

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

19  Florida Statutes, to read:

20         531.41  Powers and duties of the department.--The

21  department shall:

22         (16)  Provide by rule for the voluntary registration

23  with the department of private weighing and measuring device

24  service agencies or personnel. Such rule shall grant private

25  agencies and personnel that meet all registration requirements

26  and maintain current registered status with the department the

27  authority to place devices that meet all state requirements

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

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

30  provided such devices are reported to the department as

31  prescribed by the rule.

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  1

  2  The provisions of this chapter and rules adopted thereunder

  3  notwithstanding, scales routinely used by providers of weight

  4  control services shall not be considered commercial weights

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

  6  charges or payments for services rendered by such providers on

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

  8         Section 6.  Subsection (34) of section 570.07, Florida

  9  Statutes, is amended and subsection (35) is added to that

10  section to read:

11         570.07  Department of Agriculture and Consumer

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

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

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

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

16  provisions of chapter 273, the department may deposit moneys

17  received from the disposition of state-owned tangible personal

18  property, specifically livestock maintained and located at the

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

20  benefit fund.

21         (35)  Under emergency  conditions, to authorize the

22  purchase of supplemental nutritional food and drink items and

23  set temporary meal expenditure limits for employees engaged in

24  physical activity for prolonged periods of time in excess of

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

26  per day.

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

28  Statutes, is amended to read:

29         570.952  Florida Agriculture Center and Horse Park

30  Authority.--

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

  2  appointed by the commissioner.

  3         (a)  Members shall include:

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

  5  shall represent the views of the general public toward

  6  agriculture and equine activities in the state.

  7         2.  One representative from the Department of

  8  Agriculture and Consumer Services.

  9         3.  One representative from Enterprise Florida, Inc.

10         4.  One representative from the Department of

11  Environmental Protection, Office of Greenways and Trails

12  Management.

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

14  Commerce.

15         6.  Two representatives of the tourism or hospitality

16  industry.

17         7.  Three representatives of the commercial agriculture

18  industry.

19         8.  Three representatives from recognized horse breed

20  associations.

21         9.  One representative of the veterinary industry.

22         10.  Three representatives from the competitive equine

23  industry.

24         6.  One public/private partnership expert.

25         7.  One member of a private environmental organization.

26         8.  One fruit and vegetable grower.

27         9.  One citrus grower.

28         10.  One commercial feed producer.

29         11.  One livestock/cattle breeder.

30         12.  One quarter horse breeder.

31         13.  One thoroughbred horse breeder.

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  1         14.  One standardbred horse breeder.

  2         15.  One Arabian horse breeder.

  3         16.  One color breeds horse breeder.

  4         17.  One licensed veterinarian.

  5         18.  One Paso Fino horse breeder.

  6         19.  One ornamental or nursery stock grower.

  7         20.  One representative from the horse show industry.

  8         21.  One representative from the horse sport industry.

  9         11.22.  One representative from the horse pleasure and

10  trail riding trailriders industry.

11         12.23.  One representative recommended by from the

12  Board of County Commissioners of Marion County.

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

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

15  three nominees submitted by recognized statewide organizations

16  representing each interest or trade enumerated in this

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

18  appoint persons who otherwise meet the qualifications for

19  nomination and appointment to the authority.

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

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

22  11 members shall be appointed for 2-year terms. Thereafter,

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

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

25  appointment for the remainder of the term.

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

27  three consecutive authority meetings without good cause shall

28  be deemed to have resigned from the authority. The

29  commissioner shall appoint a person representing the same

30  interest or trade as the resigning member. Current members

31  shall continue to serve until successors are appointed.

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  1         Section 8.  Section 585.89, Florida Statutes, is

  2  transferred, renumbered as section 287.1395, Florida Statutes,

  3  and amended to read:

  4         287.1395 585.89  Beef and pork; prohibition on

  5  purchase; bid specifications; penalty.--

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

  7  inspected by the United States Department of Agriculture or

  8  any other state's United States Department of

  9  Agriculture-approved program the department shall not be

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

11  state or of any municipality, political subdivision, school

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

13  for distribution for consumption in this state. Bid

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

15  municipality, political subdivision, school district, or

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

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

18  by either the United States Department of Agriculture or any

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

20  program the department will be accepted. The supplier or

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

22  beef or pork or imported beef or pork supplied is either

23  domestic or complies with this subsection.

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

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

26  municipality, political subdivision, school district, or

27  special district using state or local funds shall include the

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

29  products shall be granted preference as allowed by Section

30  287.082, Florida Statutes."

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

  2  violated the provisions of this section shall be personally

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

  4  violation of the provisions of this section.

  5         Section 9.  Section 585.92, Florida Statutes, is

  6  transferred, renumbered as section 287.1396, Florida Statutes,

  7  and amended to read:

  8         287.1396 585.92  All American and Genuine Florida meat

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

10  of Agriculture, each slaughterhouse or meatpacking or

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

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

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

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

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

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

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

18  585.73, 585.74, 585.75, 585.76, 585.77, 585.78, 585.79,

19  585.80, 585.81, 585.82, 585.83, 585.84, 585.85, 585.86,

20  585.87, 585.88, 585.90, 585.902, 585.903, 585.904, 585.91,

21  585.93, 585.96, and 205.1951, Florida Statutes, are repealed.

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

23  Statutes, is amended to read:

24         590.015  Definitions.--As used in this chapter, the

25  term:

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

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

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

29         Section 12.  Section 590.14, Florida Statutes, is

30  amended to read:

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  1         590.14  Warning citation; Notice of violation;

  2  penalties.--

  3         (1)  If unpredicted atmospheric conditions occur which

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

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

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

  7  occurred, the division may issue a warning citation of

  8  violation of s. 590.125.

  9         (1)(2)  If a division employee determines that a person

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

11  notice of violation indicating the statute violated. This

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

13  the appropriate law enforcement entity for further action if

14  necessary.

15         (2)(3)  In addition to any other penalties provided by

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

17  authorized fire to escape the boundaries of the authorization

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

19  the payment of all reasonable costs and expenses incurred in

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

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

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

23  days after demand, the division may take proper legal

24  proceedings for the collection of the costs and expenses.

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

26  direction are recoverable by that agency.

27         (3)(4)  The department may also impose an

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

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

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

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

  2  Fund of the division.

  3         (4)(5)  The penalties provided in this section shall

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

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

  6  violation.

  7         Section 13.  Section 590.28, Florida Statutes, is

  8  amended to read:

  9         590.28  Intentional or reckless careless burning of

10  lands.--

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

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

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

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

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

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

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

18  775.083, or s. 775.084.

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

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

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

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

23  commits a misdemeanor of the second degree, punishable as

24  provided in s. 775.082 or s. 775.083.

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

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

27  Statutes, are amended to read:

28         616.242  Safety standards for amusement rides.--

29         (5)  ANNUAL PERMIT.--

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

  2  to the department a written application on a form prescribed

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

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

  5  business of the owner.

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

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

  8  Amusement Identification Number of the amusement ride.

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

10  amusement ride.

11         4.  An affidavit of compliance that the amusement ride

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

13  ride is in general conformance with the requirements of this

14  section and all applicable rules adopted by the department.

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

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

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

18  department. The owner shall request inspection and permitting

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

20  application with the department. The department shall inspect

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

22  application with the department of the date the affidavit was

23  executed.

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

25  nondestructive testing dated and executed no earlier than 60

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

27  the application with the department. The owner shall request

28  inspection and permitting of the amusement ride within 60 days

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

30  department shall inspect and permit the amusement ride within

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  1  60 days after filing the application with the department of

  2  the date the affidavit was executed.

  3         6.  A request for inspection.

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

  5  department, provide the department a copy of the

  6  manufacturer's current recommended operating instructions in

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

  8  and any written bulletins in the possession of the owner

  9  concerning the safety, operation, or maintenance of the

10  amusement ride.

11         (7)  DEPARTMENT INSPECTIONS.--

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

13  ride must be inspected by the department in accordance with

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

15  addition, each permanent amusement ride must be inspected

16  semi-annually by the department in accordance with subsection

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

18  amusement ride must be inspected by the department in

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

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

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

22  ride is:

23         1.  Used at a private event; or

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

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

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

27         2.3.  A simulator, the capacity of which does not

28  exceed 16 persons.; or

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

30  no more than three amusement rides at the event.

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

  2  Florida Statutes, to read:

  3         823.14  Florida Right to Farm Act.--

  4         (6)  LIMITATION OF LOCAL GOVERNMENT REGULATIONS.--The

  5  provisions of this subsection do not apply to powers of local

  6  approved environmental programs authorized by law in s.

  7  403.182. A local government may not adopt laws, ordinances,

  8  regulations, rules, or policies to prohibit, restrict,

  9  regulate, or otherwise limit any continuing farm operation on

10  land currently engaged in bona fide production of a farm

11  product as produced by those agricultural industries

12  enumerated in s. 570.02(1), except as otherwise provided for

13  in this section and s. 487.051(2).

14         Section 16.  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 17.  Paragraph (f) is added to subsection (1)

24  of section 570.242, Florida Statutes, to read:

25         570.242  Definitions.--For purposes of this act, the

26  following terms shall have the following meanings:

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

28  which has declining profitability from agricultural

29  enterprises and one or more of the following characteristics:

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  1         (f)  Crop losses or economic depression resulting from

  2  a natural disaster or socioeconomic conditions or events which

  3  negatively impact a crop.

  4         Section 18.  Paragraph (c) of subsection (1) of section

  5  570.248, Florida Statutes, is amended to read:

  6         570.248  Agricultural Economic Development Project

  7  Review Committee; powers and duties.--

  8         (1)  There is created an Agricultural Economic

  9  Development Project Review Committee consisting of five

10  members appointed by the commissioner. The members shall be

11  appointed based upon the recommendations submitted by each

12  entity represented on the committee and shall include:

13         (c)  One representative from Enterprise Florida, Inc.

14  the Florida Rural Development Committee.

15         Section 19.  Section 570.249, Florida Statutes, is

16  created to read:

17         570.249  Agricultural Economic Development Program

18  Disaster Loans.--

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

20  producers who have experienced crop losses from a natural

21  disaster or a socio-economic condition or event may be used to

22  restore or replace essential physical property, such as

23  animals, fences, equipment, structural production facilities,

24  or orchard trees; pay all or part of production costs

25  associated with the disaster year; pay essential family living

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

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

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

29  $250,000. Applicants must provide at least 10 percent equity.

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

31  loan program include:

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  1         (a)  Crops grown for human consumption;

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

  3  including, but not limited to, grain, seed, and forage crops;

  4         (c)  Crops grown for fiber, except for trees; and

  5         (d)  Speciality crops, such as aquacultural,

  6  floricultural, or ornamental nursery crops; Christmas trees;

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

  8  eligible crops.

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

10  complete and acceptable farm records and present them as proof

11  of production levels. A borrower must operate in accordance

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

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

14  in a financial management training program and obtain crop

15  insurance.

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

17  under this section an applicant must submit an application to

18  the committee within 30 days after the natural disaster or

19  socio-economic condition or event occurs or the date the crop

20  damage becomes apparent. An applicant must be a citizen of the

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

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

23  have a total net worth of less than the $100,000. The value of

24  any residental homestead owned by the applicant must not be

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

26  applicant must also demonstrate the need for economic

27  assistance, be worthy of credit according to standards

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

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

30  the ability to repay the loan.

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

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

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

  4  The specific type of collateral required may vary depending

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

  6  circumstances of the applicant.

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

  8  livestock, and non-real-estate losses shall normally be repaid

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

10  Loans for physical losses to real estate and buildings shall

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

12  conventional credit sources when they are financially able.

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

14  reviewed periodically to determine whether they can return to

15  conventional credit.

16         Section 20.  Section 570.911, Florida Statutes, is

17  created to read:

18         570.911  Equestrian educational sports program.--The

19  Department of Agriculture and Consumer Services shall

20  establish an equestrian educational sports program with one or

21  more accredited 4-year state universities designed to give

22  student riders the opportunity to learn, compete, and succeed

23  at the collegiate level, while at the same time promoting the

24  state's multi-billion dollar equine industry.

25         Section 21.  This act shall take effect July 1, 2000.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                            CS/SB 1904

  3

  4  The committee substitute provides that:

  5  1.    The Board of Trustees of the Internal Improvement Trust
          Fund may deed certain property to the Department of
  6        Agriculture and Consumer Services. The department may
          sell certain property and such sale is excluded from
  7        following the provisions of ch. 253, 259, and 375, F.S.;
          however, the exclusion does not apply to lands acquired
  8        for conservation purposes.

  9  2.    The department may deposit moneys received from the
          disposition of state-owned tangible personal property,
10        specifically livestock maintained and located at the
          Doyle E. Conner Agricultural Complex, in the employees'
11        benefit fund.

12  3.    Local governments may not adopt laws, ordinances,
          regulations, rules, or policies to prohibit, restrict,
13        regulate, or otherwise limit any continuing farm
          operation on land currently engaged in bona fide
14        production of a farm product. These provisions do not
          apply to the powers of local approved environmental
15        programs.

16  4.    The department may negotiate agreements with landowners
          for water supply under certain conditions.
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    5.    Amends the definition of "agriculturally depressed area"
18        to mean a rural area that has one or more of certain
          specified characteristics including crop losses or
19        economic depression resulting from a natural disaster or
          socioeconomic conditions or events which negatively
20        impact a crop.

21  6.    Creates an Agricultural Economic Development Disaster
          Loan Program. Specifies uses of loan funds. Provides for
22        security requirements and loan repayment.

23  7.    Provides that the department shall establish an
          equestrian educational sports program with one or more
24        accredited 4-year state universities designed to give
          student riders the opportunity to learn, compete, and
25        succeed at the collegiate level, while at the same time
          promoting the state's multi-billion equine industry.
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