House Bill 2237c1

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    Florida House of Representatives - 2000             CS/HB 2237

        By the Committees on General Government Appropriations,
    Agriculture and Representatives Putnam, Peaden, Bainter,
    Harrington, Spratt, J. Miller, Stansel and Patterson




  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Agriculture and Consumer Services; amending s.

  4         212.02, F.S.; defining "agricultural

  5         production"; amending s. 253.025, F.S.;

  6         clarifying provisions relating to conveyance of

  7         state lands to the department for forestry

  8         facilities; deleting references to specific

  9         fire tower sites and work centers with respect

10         to use of the department's Relocation and

11         Construction Trust Fund; amending s. 482.051,

12         F.S.; revising authority of the department to

13         adopt rules relating to pesticides used for

14         preconstruction treatments; amending s.

15         482.132, F.S.; providing for pest control

16         operator certification of qualified United

17         States Department of Defense employees;

18         amending s. 487.081, F.S.; waiving liability

19         for pesticide contamination when pesticides are

20         used in accordance with state and federal law;

21         providing for inspection of records; providing

22         rulemaking authority; providing retroactive

23         application; amending ss. 500.12 and 500.459,

24         F.S.; deleting certain requirements relating to

25         the setting and use of fees for bottled water

26         plants, packaged ice plants, and water vending

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

28         the department to provide by rule for voluntary

29         registration of private weighing and measuring

30         device service agencies and personnel; amending

31         s. 570.07, F.S.; authorizing deposit of certain

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  1         moneys in the department's employees' benefit

  2         fund; authorizing the department to purchase

  3         supplemental food and drink items and set

  4         temporary meal expenditure limits, under

  5         emergency conditions; providing restrictions;

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

  7         definition of "agriculturally depressed area"

  8         under the Agricultural Economic Development

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

10         membership of the Agricultural Economic

11         Development Project Review Committee; creating

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

13         Economic Development Program disaster loans;

14         providing criteria for use of loan funds,

15         eligible crops, and loan applications;

16         providing requirements for loan security and

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

18         providing for an equestrian educational sports

19         program at 4-year state universities; amending

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

21         to membership appointment and terms of the

22         Florida Agriculture Center and Horse Park

23         Authority; renumbering and amending s. 585.89,

24         F.S.; authorizing state agencies and entities

25         to purchase fresh or frozen beef or pork

26         inspected by another state's federally approved

27         inspection program; renumbering and amending s.

28         585.92, F.S.; clarifying provisions relating to

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

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

31         revising the definition of "wild land" in

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  1         provisions relating to forest protection;

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

  3         the Division of Forestry to issue warning

  4         citations relating to certain authorized fires;

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

  6         providing a penalty for intentional or reckless

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

  8         revising timing requirements for inspection and

  9         permitting of amusement rides; deleting

10         exemptions from inspection requirements for

11         certain temporary amusement rides at public

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

13         local government regulation of farm operations

14         on certain agricultural land, under the Florida

15         Right to Farm Act; amending s. 828.12, F.S.;

16         revising provisions relating to cruelty to

17         animals; providing authority to the department

18         to negotiate agreements with certain landowners

19         for water use in rural areas; repealing s.

20         205.1951, F.S., relating to local occupational

21         licenses for establishments regulated under the

22         state meat inspection program; repealing ss.

23         585.70, 585.71, 585.715, 585.72, 585.73,

24         585.74, 585.75, 585.76, 585.77, 585.78, 585.79,

25         585.80, 585.81, 585.82, 585.83, 585.84, 585.85,

26         585.86, 585.87, 585.88, 585.90, 585.902,

27         585.903, 585.904, 585.91, 585.93, and 585.96,

28         F.S., relating to the state meat inspection

29         program; providing an effective date.

30

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

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  1         Section 1.  Subsection (34) is added to section 212.02,

  2  Florida Statutes, to read:

  3         212.02  Definitions.--The following terms and phrases

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

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

  6  different meaning:

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

  8  plants and animals useful to humans, including the

  9  preparation, planting, cultivating, or harvesting of these

10  products or any other practices necessary to accomplish

11  production through the harvest phase, and includes

12  aquaculture, horticulture, floriculture, viticulture,

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

14  forms of farm products and farm production.

15         Section 2.  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)  Notwithstanding the provisions of this chapter

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

21  Internal Improvement Trust Fund may deed property to the

22  Department of Agriculture and Consumer Services, so that the

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

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

25  convey, 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 shall 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 3.  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 4.  Paragraph (g) is added to subsection (2) of

14  section 482.132, Florida Statutes, to read:

15         482.132  Qualifications for examination and

16  certification.--

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

18  operator's certificate must possess the minimum qualifications

19  specified in one of the following paragraphs:

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

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

22  been certified to perform pest control in the category or

23  categories in which the applicant seeks certification, 1 year

24  of which employment must have been completed in this state

25  during the year immediately preceding application for

26  examination.  Additionally, the application for certification

27  must be submitted to the Department of Agriculture and

28  Consumer Services within 12 months after the date of

29  termination of employment from the Department of Defense.

30         Section 5.  Subsection (6) is added to section 487.081,

31  Florida Statutes, to read:

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  1         487.081  Exemptions.--

  2         (6)  Notwithstanding any provision of law, the

  3  Department of Environmental Protection is not authorized to

  4  institute proceedings against any person under the provisions

  5  of s. 376.307(5) to recover any costs or damages associated

  6  with pesticide contamination of soil or water, or the

  7  evaluation, assessment, or remediation of pesticide

  8  contamination of soil or water, including sampling, analysis,

  9  and restoration of soil or potable water supplies, where the

10  pesticide contamination of soil or water is determined to be

11  the result of the use of pesticides in accordance with state

12  and federal law, applicable registered labels, and rules of

13  the department; provided the property owner or leaseholder

14  maintains records of such pesticide applications and such

15  records are provided to the department for inspection upon

16  request.  The department may adopt rules prescribing the

17  format, content, and retention time for records to be

18  maintained under this subsection. This subsection is remedial

19  in nature and shall apply retroactively.  This subsection does

20  not limit regulatory authority under a federally delegated or

21  approved program.

22         Section 6.  Paragraph (b) of subsection (1) of section

23  500.12, Florida Statutes, is amended to read:

24         500.12  Food permits; building permits.--

25         (1)

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

27  department must be accompanied by a fee in an amount

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

29  except that the fee accompanying an application for a food

30  permit for operating a bottled water plant may not exceed

31  $1,000 and the fee accompanying an application for a food

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

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

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

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

  5  indirect costs incurred by the department in carrying out its

  6  permitting, inspection, sampling, enforcement, and

  7  administrative responsibilities for those operations. Food

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

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

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

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

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

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

14  Inspection Trust Fund.

15         Section 7.  Subsection (4) of section 500.459, Florida

16  Statutes, is amended to read:

17         500.459  Water vending machines.--

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

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

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

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

22  incurred by the department in carrying out its permitting,

23  inspection, sampling, enforcement, and administrative

24  responsibilities under this section. Such fees shall be

25  deposited in the General Inspection Trust Fund and shall be

26  used for the sole purpose of this section.

27         Section 8.  Subsection (16) is added to section 531.41,

28  Florida Statutes, to read:

29         531.41  Powers and duties of the department.--The

30  department shall:

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  1         (16)  Provide by rule for the voluntary registration

  2  with the department of private weighing and measuring device

  3  service agencies or personnel. Such rule shall grant private

  4  agencies and personnel that meet all registration requirements

  5  and maintain current registered status with the department the

  6  authority to place devices that meet all state requirements

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

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

  9  provided such devices are reported to the department as

10  prescribed by the rule.

11

12  The provisions of this chapter and rules adopted thereunder

13  notwithstanding, scales routinely used by providers of weight

14  control services shall not be considered commercial weights

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

16  charges or payments for services rendered by such providers on

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

18         Section 9.  Subsection (34) of section 570.07, Florida

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

20  section, to read:

21         570.07  Department of Agriculture and Consumer

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

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

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

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

26  provisions of chapter 273, the department may deposit moneys

27  received from the disposition of state-owned tangible personal

28  property, specifically livestock maintained and located at the

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

30  benefit fund.

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  1         (35)  Under emergency conditions, to authorize the

  2  purchase of supplemental nutritional food and drink items and

  3  set temporary meal expenditure limits for employees engaged in

  4  physical activity for prolonged periods of time in excess of

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

  6  per day.

  7         Section 10.  Paragraph (f) is added to subsection (1)

  8  of section 570.242, Florida Statutes, to read:

  9         570.242  Definitions.--For purposes of this act, the

10  following terms shall have the following meanings:

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

12  which has declining profitability from agricultural

13  enterprises and one or more of the following characteristics:

14         (f)  Crop losses or economic depression resulting from

15  a natural disaster or socioeconomic conditions or events which

16  negatively impact a crop.

17         Section 11.  Paragraph (c) of subsection (1) of section

18  570.248, Florida Statutes, is amended to read:

19         570.248  Agricultural Economic Development Project

20  Review Committee; powers and duties.--

21         (1)  There is created an Agricultural Economic

22  Development Project Review Committee consisting of five

23  members appointed by the commissioner. The members shall be

24  appointed based upon the recommendations submitted by each

25  entity represented on the committee and shall include:

26         (c)  One representative from Enterprise Florida, Inc

27  the Florida Rural Development Committee.

28         Section 12.  Section 570.249, Florida Statutes, is

29  created to read:

30         570.249  Agricultural Economic Development Program

31  disaster loans.--

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

  2  producers who have experienced crop losses from a natural

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

  4  restore or replace essential physical property, such as

  5  animals, fences, equipment, structural production facilities,

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

  7  associated with the disaster year; pay essential family living

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

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

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

11  $250,000. Applicants must provide at least 10 percent equity.

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

13  loan program include:

14         (a)  Crops grown for human consumption.

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

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

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

18         (d)  Specialty crops, such as aquacultural,

19  floricultural, or ornamental nursery crops; Christmas trees;

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

21  eligible crops.

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

23  complete and acceptable farm records and present them as proof

24  of production levels. A borrower must operate in accordance

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

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

27  in a financial management training program and obtain crop

28  insurance.

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

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

31  the committee within 30 days after the date the natural

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  1  disaster or socioeconomic condition or event occurs or the

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

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

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

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

  6  residential homestead owned by the applicant must not be

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

  8  applicant must also demonstrate the need for economic

  9  assistance, be worthy of credit according to standards

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

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

12  the ability to repay the loan.

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

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

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

16  The specific type of collateral required may vary depending

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

18  circumstances of the applicant.

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

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

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

22  Loans for physical losses to real estate and buildings shall

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

24  conventional credit sources when they are financially able.

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

26  reviewed periodically to determine whether they can return to

27  conventional credit.

28         Section 13.  Section 570.92, Florida Statutes, is

29  created to read:

30         570.92  Equestrian educational sports program.--The

31  department shall establish an equestrian educational sports

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

  2  designed to give student riders the opportunity to learn,

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

  4  time promoting the state's multibillion dollar equine

  5  industry.

  6         Section 14.  Subsection (2) of section 570.952, Florida

  7  Statutes, is amended to read:

  8         570.952  Florida Agriculture Center and Horse Park

  9  Authority.--

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

11  appointed by the commissioner.

12         (a)  Members shall include:

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

14  shall represent the views of the general public toward

15  agriculture and equine activities in the state.

16         2.  One representative from the Department of

17  Agriculture and Consumer Services.

18         3.  One representative from Enterprise Florida, Inc.

19         4.  One representative from the Department of

20  Environmental Protection, Office of Greenways and Trails

21  Management.

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

23  Commerce.

24         6.  Two representatives of the tourism or hospitality

25  industry.

26         7.  Three representatives of the commercial agriculture

27  industry.

28         8.  Three representatives from recognized horse breed

29  associations.

30         9.  One representative of the veterinary industry.

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  1         10.  Three representatives from the competitive equine

  2  industry.

  3         6.  One public/private partnership expert.

  4         7.  One member of a private environmental organization.

  5         8.  One fruit and vegetable grower.

  6         9.  One citrus grower.

  7         10.  One commercial feed producer.

  8         11.  One livestock/cattle breeder.

  9         12.  One quarter horse breeder.

10         13.  One thoroughbred horse breeder.

11         14.  One standardbred horse breeder.

12         15.  One Arabian horse breeder.

13         16.  One color breeds horse breeder.

14         17.  One licensed veterinarian.

15         18.  One Paso Fino horse breeder.

16         19.  One ornamental or nursery stock grower.

17         20.  One representative from the horse show industry.

18         21.  One representative from the horse sport industry.

19         11.22.  One representative from the horse pleasure and

20  trail riding trailriders industry.

21         12.23.  One representative recommended by from the

22  Board of County Commissioners of Marion County.

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

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

25  three nominees submitted by recognized statewide organizations

26  representing each interest or trade enumerated in this

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

28  appoint persons who otherwise meet the qualifications for

29  nomination and appointment to the authority.

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

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

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  1  11 members shall be appointed for 2-year terms. Thereafter,

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

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

  4  appointment for the remainder of the term.

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

  6  three consecutive authority meetings without good cause shall

  7  be deemed to have resigned from the authority. The

  8  commissioner shall appoint a person representing the same

  9  interest or trade as the resigning member. Current members

10  shall continue to serve until successors are appointed.

11         Section 15.  Section 585.89, Florida Statutes, is

12  renumbered as section 287.0822, Florida Statutes, and

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

14         287.0822 585.89  Beef and pork; prohibition on

15  purchase; bid specifications; penalty.--

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

17  inspected by the United States Department of Agriculture or by

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

19  the United States Department of Agriculture the department

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

21  agency of the state or of any municipality, political

22  subdivision, school district, or special district for

23  consumption in this state or for distribution for consumption

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

25  state or of any municipality, political subdivision, school

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

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

28  inspected and passed by either the United States Department of

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

30  been approved by the United States Department of Agriculture

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

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

  2  or imported beef or pork supplied is either domestic or

  3  complies with this subsection.

  4         Section 16.  Section 585.92, Florida Statutes, is

  5  renumbered as section 287.0821, Florida Statutes, and amended

  6  to read:

  7         287.0821 585.92  All American and Genuine Florida meat

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

  9  of Agriculture, each slaughterhouse or meatpacking or

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

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

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

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

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

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

16         Section 17.  Subsection (5) of section 590.015, Florida

17  Statutes, is amended to read:

18         590.015  Definitions.--As used in this chapter, the

19  term:

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

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

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

23         Section 18.  Section 590.14, Florida Statutes, is

24  amended to read:

25         590.14  Warning citation; Notice of violation;

26  penalties.--

27         (1)  If unpredicted atmospheric conditions occur which

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

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

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

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  1  occurred, the division may issue a warning citation of

  2  violation of s. 590.125.

  3         (1)(2)  If a division employee determines that a person

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

  5  notice of violation indicating the statute violated. This

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

  7  the appropriate law enforcement entity for further action if

  8  necessary.

  9         (2)(3)  In addition to any other penalties provided by

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

11  authorized fire to escape the boundaries of the authorization

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

13  the payment of all reasonable costs and expenses incurred in

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

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

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

17  days after demand, the division may take proper legal

18  proceedings for the collection of the costs and expenses.

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

20  direction are recoverable by that agency.

21         (3)(4)  The department may also impose an

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

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

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

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

26  Fund of the division.

27         (4)(5)  The penalties provided in this section shall

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

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

30  violation.

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  1         Section 19.  Section 590.28, Florida Statutes, is

  2  amended to read:

  3         590.28  Intentional or reckless careless burning of

  4  lands.--

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

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

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

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

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

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

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

12  775.083, or s. 775.084.

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

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

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

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

17  commits a misdemeanor of the second degree, punishable as

18  provided in s. 775.082 or s. 775.083.

19         Section 20.  Paragraph (b) of subsection (5) and

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

21  Statutes, are amended to read:

22         616.242  Safety standards for amusement rides.--

23         (5)  ANNUAL PERMIT.--

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

25  to the department a written application on a form prescribed

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

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

28  business of the owner.

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

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

31  Amusement Identification Number of the amusement ride.

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

  2  amusement ride.

  3         4.  An affidavit of compliance that the amusement ride

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

  5  ride is in general conformance with the requirements of this

  6  section and all applicable rules adopted by the department.

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

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

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

10  department. The owner shall request inspection and permitting

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

12  application with the department. The department shall inspect

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

14  application with the department of the date the affidavit was

15  executed.

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

17  nondestructive testing dated and executed no earlier than 60

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

19  the application with the department. The owner shall request

20  inspection and permitting of the amusement ride within 60 days

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

22  department shall inspect and permit the amusement ride within

23  60 days after filing the application with the department of

24  the date the affidavit was executed.

25         6.  A request for inspection.

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

27  department, provide the department a copy of the

28  manufacturer's current recommended operating instructions in

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

30  and any written bulletins in the possession of the owner

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  1  concerning the safety, operation, or maintenance of the

  2  amusement ride.

  3         (7)  DEPARTMENT INSPECTIONS.--

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

  5  ride must be inspected by the department in accordance with

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

  7  addition, each permanent amusement ride must be inspected

  8  semi-annually by the department in accordance with subsection

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

10  amusement ride must be inspected by the department in

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

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

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

14  ride is:

15         1.  Used at a private event; or

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

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

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

19         2.3.  A simulator, the capacity of which does not

20  exceed 16 persons.; or

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

22  no more than three amusement rides at the event.

23         Section 21.  Subsection (6) is added to section 823.14,

24  Florida Statutes, to read:

25         823.14  Florida Right to Farm Act.--

26         (6)  LIMITATION ON LOCAL GOVERNMENT REGULATION.--It is

27  the intent of the Legislature to eliminate duplication of

28  regulatory authority over farm operations.  Except as

29  otherwise provided for in this section and s. 487.051(2), and

30  notwithstanding any other provision of law, a local government

31  may not adopt any ordinance, regulation, rule, or policy to

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  1  prohibit, restrict, regulate, or otherwise limit any activity

  2  of a farm operation on land classified as agricultural land,

  3  pursuant to s. 193.461, where such activity is subject to

  4  regulation by a state agency or water management district.

  5         Section 22.  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 23.  The Department of Agriculture and Consumer

26  Services is authorized to negotiate agreements with landowners

27  for water supply in rural areas, provided that:

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

29  property owned or controlled by the department; and

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

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

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

  2  the agreement.

  3         Section 24.  Repealing ss. 205.1951, 585.70, 585.71,

  4  585.715, 585.72, 585.73, 585.74, 585.75, 585.76, 585.77,

  5  585.78, 585.79, 585.80, 585.81, 585.82, 585.83, 585.84,

  6  585.85, 585.86, 585.87, 585.88, 585.90, 585.902, 585.903,

  7  585.904, 585.91, 585.93, and 585.96, Florida Statutes.

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

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