House Bill 2237e1

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                                       CS/HB 2237, First Engrossed



  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. 487.041, F.S.; authorizing the

19         department to review and evaluate registered

20         pesticides if new information is made available

21         indicating adverse effects on public health or

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

23         liability for pesticide contamination when

24         pesticides are used in accordance with state

25         and federal law; providing for inspection of

26         records; providing rulemaking authority;

27         providing retroactive application; amending ss.

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

29         requirements relating to the setting and use of

30         fees for bottled water plants, packaged ice

31         plants, and water vending machines; amending s.


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                                       CS/HB 2237, First Engrossed



  1         531.41, F.S.; authorizing the department to

  2         provide by rule for voluntary registration of

  3         private weighing and measuring device service

  4         agencies and personnel; amending s. 570.07,

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

  6         the department's employees' benefit fund;

  7         authorizing the department to purchase

  8         supplemental food and drink items and set

  9         temporary meal expenditure limits, under

10         emergency conditions; providing restrictions;

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

12         definition of "agriculturally depressed area"

13         under the Agricultural Economic Development

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

15         membership of the Agricultural Economic

16         Development Project Review Committee; creating

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

18         Economic Development Program disaster loans;

19         providing criteria for use of loan funds,

20         eligible crops, and loan applications;

21         providing requirements for loan security and

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

23         providing for an equestrian educational sports

24         program at 4-year state universities; amending

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

26         to membership appointment and terms of the

27         Florida Agriculture Center and Horse Park

28         Authority; renumbering and amending s. 585.89,

29         F.S.; authorizing state agencies and entities

30         to purchase fresh or frozen beef or pork

31         inspected by another state's federally approved


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                                       CS/HB 2237, First Engrossed



  1         inspection program; renumbering and amending s.

  2         585.92, F.S.; clarifying provisions relating to

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

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

  5         revising the definition of "wild land" in

  6         provisions relating to forest protection;

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

  8         the Division of Forestry to issue warning

  9         citations relating to certain authorized fires;

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

11         providing a penalty for intentional or reckless

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

13         revising timing requirements for inspection and

14         permitting of amusement rides; deleting

15         exemptions from inspection requirements for

16         certain temporary amusement rides at public

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

18         local government regulation of farm operations

19         on certain agricultural land, under the Florida

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

21         revising provisions relating to cruelty to

22         animals; providing authority to the department

23         to negotiate agreements with certain landowners

24         for water use in rural areas; repealing s.

25         205.1951, F.S., relating to local occupational

26         licenses for establishments regulated under the

27         state meat inspection program; repealing ss.

28         585.70, 585.71, 585.715, 585.72, 585.73,

29         585.74, 585.75, 585.76, 585.77, 585.78, 585.79,

30         585.80, 585.81, 585.82, 585.83, 585.84, 585.85,

31         585.86, 585.87, 585.88, 585.90, 585.902,


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                                       CS/HB 2237, First Engrossed



  1         585.903, 585.904, 585.91, 585.93, and 585.96,

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

  3         program; providing an effective date.

  4

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

  6

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

  8  Florida Statutes, to read:

  9         212.02  Definitions.--The following terms and phrases

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

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

12  different meaning:

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

14  plants and animals useful to humans, including the

15  preparation, planting, cultivating, or harvesting of these

16  products or any other practices necessary to accomplish

17  production through the harvest phase, and includes

18  aquaculture, horticulture, floriculture, viticulture,

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

20  forms of farm products and farm production.

21         Section 2.  Paragraphs (a) and (d) of subsection (13)

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

23         253.025  Acquisition of state lands for purposes other

24  than preservation, conservation, and recreation.--

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

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

27  Internal Improvement Trust Fund may deed property to the

28  Department of Agriculture and Consumer Services, so that the

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

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

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


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                                       CS/HB 2237, First Engrossed



  1  forestry facility resides for money or other more suitable

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

  3  purchase of property by the Department of Agriculture and

  4  Consumer Services shall follow the requirements of subsections

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

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

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

  8  the Department of Agriculture and Consumer Services is

  9  excluded from following the provisions of this chapter and

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

11  acquired for conservation purposes in accordance with s.

12  253.034(6)(a) or (b).

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

14  Agriculture and Consumer Services the Relocation and

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

16  sole purpose of effectuating the orderly relocation of the

17  forestry fire towers and work centers as follows: Crestview

18  Work Center, Marianna Work Center, Panama City Headquarters,

19  Tallahassee Headquarters, Southside Towersite, Gainesville

20  Headquarters, Ocala Work Center, Orlando Headquarters,

21  Lakeland Headquarters, Dunedin Work Center, Hamner Towersite,

22  Bradenton Headquarters, Venetia Towersite, Fort Myers

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

24  Towersite, Mayo Work Center, Benton Towersite, Plymouth

25  Towersite, Longwood Work Center, Oviedo Towersite, Valrico

26  Work Center, and Belle Glade Work Center.

27         Section 3.  Subsection (5) of section 482.051, Florida

28  Statutes, is amended to read:

29         482.051  Rules.--The department has authority to adopt

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

31  provisions of this chapter.  Prior to proposing the adoption


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                                       CS/HB 2237, First Engrossed



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

  2  pest control industry concerning the proposed rule.  The

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

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

  5  public which require:

  6         (5)  That any pesticide used for preconstruction soil

  7  treatments for the prevention of subterranean termites be

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

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

10  registered pesticide being applied be carried in a vehicle at

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

12  licensee maintain for 3 years the record of each

13  preconstruction soil treatment, indicating the date of

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

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

16  pesticide applied, the concentration of each substance in the

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

18         Section 4.  Paragraph (g) is added to subsection (2) of

19  section 482.132, Florida Statutes, to read:

20         482.132  Qualifications for examination and

21  certification.--

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

23  operator's certificate must possess the minimum qualifications

24  specified in one of the following paragraphs:

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

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

27  been certified to perform pest control in the category or

28  categories in which the applicant seeks certification, 1 year

29  of which employment must have been completed in this state

30  during the year immediately preceding application for

31  examination.  Additionally, the application for certification


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                                       CS/HB 2237, First Engrossed



  1  must be submitted to the Department of Agriculture and

  2  Consumer Services within 12 months after the date of

  3  termination of employment from the Department of Defense.

  4         Section 5.  Subsection (3) of section 487.041, Florida

  5  Statutes, is amended to read:

  6         487.041  Registration.--

  7         (3)  The department shall adopt rules governing the

  8  procedures for pesticide registration and for the review of

  9  data submitted by an applicant for registration of a

10  pesticide. The department shall determine whether a pesticide

11  should be registered, registered with conditions, or tested

12  under field conditions in this state. The department shall

13  determine that all requests for pesticide registrations meet

14  the requirements of current state and federal law. The

15  department, whenever it deems it necessary in the

16  administration of this part, may require the manufacturer or

17  registrant to submit the complete formula, quantities shipped

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

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

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

21  registered pesticide if new information is made available

22  which indicates that use of the pesticide has caused an

23  unreasonable adverse effect on public health or the

24  environment. Such review shall be conducted upon the request

25  of the Secretary of the Department of Health in the event of

26  an unreasonable adverse effect on public health or the

27  Secretary of the Department of Environmental Protection in the

28  event of an unreasonable adverse effect on the environment.

29  Such review may result in modifications, revocation,

30  cancellation or suspension of a pesticide registration. The

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


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                                       CS/HB 2237, First Engrossed



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

  2  pesticide, after notice to the applicant or registrant giving

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

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

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

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

  7  final without further procedure. In no event shall

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

  9  commission of any offense prohibited under this part.

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

11  Florida Statutes, to read:

12         487.081  Exemptions.--

13         (6)  The Department of Environmental Protection is not

14  authorized to institute proceedings against any property owner

15  or leaseholder of property under the provisions of s.

16  376.307(5) to recover any costs or damages associated with

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

18  assessment, or remediation of pesticide contamination of soil

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

20  soil or potable water supplies, subject to the following

21  conditions:

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

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

24  property owner or leaseholder, in accordance with state and

25  federal law, applicable registered labels, and rules on

26  property classified as agricultural land pursuant to s.

27  193.461;

28         (b)  The property owner or leaseholder maintains

29  records of such pesticide applications and such records are

30  provided to the department upon request;

31


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                                       CS/HB 2237, First Engrossed



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

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

  3  available to the Department of Environmental Protection;

  4         (d)  This subsection does not limit regulatory

  5  authority under a federally delegated or approved program; and

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

  7  apply retroactively.

  8  The department, in consultation with the Secretary of the

  9  Department of Environmental Protection, may adopt rules

10  prescribing the format, content, and retention time for

11  records to be maintained under this subsection.

12         Section 7.  Paragraph (b) of subsection (1) of section

13  500.12, Florida Statutes, is amended to read:

14         500.12  Food permits; building permits.--

15         (1)

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

17  department must be accompanied by a fee in an amount

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

19  except that the fee accompanying an application for a food

20  permit for operating a bottled water plant may not exceed

21  $1,000 and the fee accompanying an application for a food

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

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

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

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

26  indirect costs incurred by the department in carrying out its

27  permitting, inspection, sampling, enforcement, and

28  administrative responsibilities for those operations. Food

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

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

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


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                                       CS/HB 2237, First Engrossed



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

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

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

  4  Inspection Trust Fund.

  5         Section 8.  Subsection (4) of section 500.459, Florida

  6  Statutes, is amended to read:

  7         500.459  Water vending machines.--

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

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

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

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

12  incurred by the department in carrying out its permitting,

13  inspection, sampling, enforcement, and administrative

14  responsibilities under this section. Such fees shall be

15  deposited in the General Inspection Trust Fund and shall be

16  used for the sole purpose of this section.

17         Section 9.  Subsection (16) is added to section 531.41,

18  Florida Statutes, to read:

19         531.41  Powers and duties of the department.--The

20  department shall:

21         (16)  Provide by rule for the voluntary registration

22  with the department of private weighing and measuring device

23  service agencies or personnel. Such rule shall grant private

24  agencies and personnel that meet all registration requirements

25  and maintain current registered status with the department the

26  authority to place devices that meet all state requirements

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

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

29  provided such devices are reported to the department as

30  prescribed by the rule.

31


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                                       CS/HB 2237, First Engrossed



  1  The provisions of this chapter and rules adopted thereunder

  2  notwithstanding, scales routinely used by providers of weight

  3  control services shall not be considered commercial weights

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

  5  charges or payments for services rendered by such providers on

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

  7         Section 10.  Subsection (34) of section 570.07, Florida

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

  9  section, to read:

10         570.07  Department of Agriculture and Consumer

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

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

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

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

15  provisions of chapter 273, the department may deposit moneys

16  received from the disposition of state-owned tangible personal

17  property, specifically livestock maintained and located at the

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

19  benefit fund.

20         (35)  Under emergency conditions, to authorize the

21  purchase of supplemental nutritional food and drink items and

22  set temporary meal expenditure limits for employees engaged in

23  physical activity for prolonged periods of time in excess of

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

25  per day.

26         Section 11.  Paragraph (f) is added to subsection (1)

27  of section 570.242, Florida Statutes, to read:

28         570.242  Definitions.--For purposes of this act, the

29  following terms shall have the following meanings:

30

31


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                                       CS/HB 2237, First Engrossed



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

  2  which has declining profitability from agricultural

  3  enterprises and one or more of the following characteristics:

  4         (f)  Crop losses or economic depression resulting from

  5  a natural disaster or socioeconomic conditions or events which

  6  negatively impact a crop.

  7         Section 12.  Paragraph (c) of subsection (1) of section

  8  570.248, Florida Statutes, is amended to read:

  9         570.248  Agricultural Economic Development Project

10  Review Committee; powers and duties.--

11         (1)  There is created an Agricultural Economic

12  Development Project Review Committee consisting of five

13  members appointed by the commissioner. The members shall be

14  appointed based upon the recommendations submitted by each

15  entity represented on the committee and shall include:

16         (c)  One representative from Enterprise Florida, Inc

17  the Florida Rural Development Committee.

18         Section 13.  Section 570.249, Florida Statutes, is

19  created to read:

20         570.249  Agricultural Economic Development Program

21  disaster loans.--

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

23  producers who have experienced crop losses from a natural

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

25  restore or replace essential physical property, such as

26  animals, fences, equipment, structural production facilities,

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

28  associated with the disaster year; pay essential family living

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

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

31


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                                       CS/HB 2237, First Engrossed



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

  2  $250,000. Applicants must provide at least 10 percent equity.

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

  4  loan program include:

  5         (a)  Crops grown for human consumption.

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

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

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

  9         (d)  Specialty crops, such as aquacultural,

10  floricultural, or ornamental nursery crops; Christmas trees;

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

12  eligible crops.

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

14  complete and acceptable farm records and present them as proof

15  of production levels. A borrower must operate in accordance

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

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

18  in a financial management training program and obtain crop

19  insurance.

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

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

22  the committee within 30 days after the date the natural

23  disaster or socioeconomic condition or event occurs or the

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

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

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

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

28  residential homestead owned by the applicant must not be

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

30  applicant must also demonstrate the need for economic

31  assistance, be worthy of credit according to standards


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                                       CS/HB 2237, First Engrossed



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

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

  3  the ability to repay the loan.

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

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

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

  7  The specific type of collateral required may vary depending

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

  9  circumstances of the applicant.

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

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

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

13  Loans for physical losses to real estate and buildings shall

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

15  conventional credit sources when they are financially able.

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

17  reviewed periodically to determine whether they can return to

18  conventional credit.

19         Section 14.  Section 570.92, Florida Statutes, is

20  created to read:

21         570.92  Equestrian educational sports program.--The

22  department shall establish an equestrian educational sports

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

24  designed to give student riders the opportunity to learn,

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

26  time promoting the state's multibillion dollar equine

27  industry.

28         Section 15.  Subsection (2) of section 570.952, Florida

29  Statutes, is amended to read:

30         570.952  Florida Agriculture Center and Horse Park

31  Authority.--


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                                       CS/HB 2237, First Engrossed



  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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                                       CS/HB 2237, First Engrossed



  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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                                       CS/HB 2237, First Engrossed



  1         Section 16.  Section 585.89, Florida Statutes, is

  2  renumbered as section 287.0822, Florida Statutes, and

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

  4         287.0822 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 by

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

  9  the United States Department of Agriculture the department

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

11  agency of the state or of any municipality, political

12  subdivision, school district, or special district for

13  consumption in this state or for distribution for consumption

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

15  state or of any municipality, political subdivision, school

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

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

18  inspected and passed by either the United States Department of

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

20  been approved by the United States Department of Agriculture

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

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

23  or imported beef or pork supplied is either domestic or

24  complies with this subsection.

25         Section 17.  Section 585.92, Florida Statutes, is

26  renumbered as section 287.0821, Florida Statutes, and amended

27  to read:

28         287.0821 585.92  All American and Genuine Florida meat

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

30  of Agriculture, each slaughterhouse or meatpacking or

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


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                                       CS/HB 2237, First Engrossed



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

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

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

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

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

  6         Section 18.  Subsection (5) of section 590.015, Florida

  7  Statutes, is amended to read:

  8         590.015  Definitions.--As used in this chapter, the

  9  term:

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

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

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

13         Section 19.  Section 590.14, Florida Statutes, is

14  amended to read:

15         590.14  Warning citation; Notice of violation;

16  penalties.--

17         (1)  If unpredicted atmospheric conditions occur which

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

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

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

21  occurred, the division may issue a warning citation of

22  violation of s. 590.125.

23         (1)(2)  If a division employee determines that a person

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

25  notice of violation indicating the statute violated. This

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

27  the appropriate law enforcement entity for further action if

28  necessary.

29         (2)(3)  In addition to any other penalties provided by

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

31  authorized fire to escape the boundaries of the authorization


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                                       CS/HB 2237, First Engrossed



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

  2  the payment of all reasonable costs and expenses incurred in

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

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

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

  6  days after demand, the division may take proper legal

  7  proceedings for the collection of the costs and expenses.

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

  9  direction are recoverable by that agency.

10         (3)(4)  The department may also impose an

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

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

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

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

15  Fund of the division.

16         (4)(5)  The penalties provided in this section shall

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

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

19  violation.

20         Section 20.  Section 590.28, Florida Statutes, is

21  amended to read:

22         590.28  Intentional or reckless careless burning of

23  lands.--

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

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

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

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

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

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

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

31  775.083, or s. 775.084.


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

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

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

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

  5  commits a misdemeanor of the second degree, punishable as

  6  provided in s. 775.082 or s. 775.083.

  7         Section 21.  Paragraph (b) of subsection (5) and

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

  9  Statutes, are amended to read:

10         616.242  Safety standards for amusement rides.--

11         (5)  ANNUAL PERMIT.--

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

13  to the department a written application on a form prescribed

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

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

16  business of the owner.

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

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

19  Amusement Identification Number of the amusement ride.

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

21  amusement ride.

22         4.  An affidavit of compliance that the amusement ride

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

24  ride is in general conformance with the requirements of this

25  section and all applicable rules adopted by the department.

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

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

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

29  department. The owner shall request inspection and permitting

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

31  application with the department. The department shall inspect


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                                       CS/HB 2237, First Engrossed



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

  2  application with the department of the date the affidavit was

  3  executed.

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

  5  nondestructive testing dated and executed no earlier than 60

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

  7  the application with the department. The owner shall request

  8  inspection and permitting of the amusement ride within 60 days

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

10  department shall inspect and permit the amusement ride within

11  60 days after filing the application with the department of

12  the date the affidavit was executed.

13         6.  A request for inspection.

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

15  department, provide the department a copy of the

16  manufacturer's current recommended operating instructions in

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

18  and any written bulletins in the possession of the owner

19  concerning the safety, operation, or maintenance of the

20  amusement ride.

21         (7)  DEPARTMENT INSPECTIONS.--

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

23  ride must be inspected by the department in accordance with

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

25  addition, each permanent amusement ride must be inspected

26  semi-annually by the department in accordance with subsection

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

28  amusement ride must be inspected by the department in

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

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

31


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                                       CS/HB 2237, First Engrossed



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

  2  ride is:

  3         1.  Used at a private event; or

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

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

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

  7         2.3.  A simulator, the capacity of which does not

  8  exceed 16 persons.; or

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

10  no more than three amusement rides at the event.

11         Section 22.  Subsection (6) is added to section 823.14,

12  Florida Statutes, to read:

13         823.14  Florida Right to Farm Act.--

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

15  the intent of the Legislature to eliminate duplication of

16  regulatory authority over farm operations as expressed herein.

17  Except as otherwise provided for in this section and s.

18  487.051(2), and notwithstanding any other provision of law, a

19  local government may not adopt any ordinance, regulation, rule

20  or policy to prohibit, restrict, regulate or otherwise limit

21  an activity of a bona fide farm operation on land classified

22  as agricultural land pursuant to s. 193.461, where such

23  activity is regulated by a state agency or water management

24  district, including through application of best management

25  practices developed and implemented by the Department of

26  Environmental Protection, the Department of Agriculture and

27  Consumer Services or water management districts, as part of a

28  statewide or regional regulatory program, or where such

29  activity is specifically exempt from such regulation under

30  state law or rules promulgated thereunder. Nothing in this

31


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                                       CS/HB 2237, First Engrossed



  1  subsection shall be construed to limit the powers and duties

  2  provided for in s. 373.4592.

  3         Section 23.  Subsection (4) of section 828.12, Florida

  4  Statutes, is amended to read:

  5         828.12  Cruelty to animals.--

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

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

  8  wagering for entertainment or sport purposes shall be guilty

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

10  775.082, s. 775.083, or s. 775.084.  As used in this

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

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

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

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

15  recognized hybrid thereof. The provisions of this subsection

16  shall not apply when tripping is used:

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

18  threat to other livestock or human beings;

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

20  horse when its ownership is unknown; or

21         (c)  For the purpose of administering veterinary care

22  to the horse.

23         Section 24.  The Department of Agriculture and Consumer

24  Services is authorized to negotiate agreements with landowners

25  for water supply in rural areas, provided that:

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

27  property owned or controlled by the department; and

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

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

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

31  the agreement.


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                                       CS/HB 2237, First Engrossed



  1         Section 25.  Repealing ss. 205.1951, 585.70, 585.71,

  2  585.715, 585.72, 585.73, 585.74, 585.75, 585.76, 585.77,

  3  585.78, 585.79, 585.80, 585.81, 585.82, 585.83, 585.84,

  4  585.85, 585.86, 585.87, 585.88, 585.90, 585.902, 585.903,

  5  585.904, 585.91, 585.93, and 585.96, Florida Statutes.

  6         Section 26.  This act shall take effect July 1, 2000.

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