House Bill 2237e2

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                                      CS/HB 2237, Second 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, Second Engrossed



  1         526.311, F.S.; revising enforcement provisions;

  2         transferring from the Department of Legal

  3         Affairs to the Department of Agriculture and

  4         Consumer Services responsibilities as the lead

  5         agency to enforce the Motor Fuel Marketing

  6         Practices Act; revising disposition of funds

  7         collected in civil actions; amending ss.

  8         526.312 and 526.313, F.S., to conform; amending

  9         s. 526.3135, F.S.; specifying certain required

10         reporting by the Division of Standards of the

11         Department of Agriculture and Consumer

12         Services; providing an appropriation; amending

13         s. 531.41, F.S.; authorizing the department to

14         provide by rule for voluntary registration of

15         private weighing and measuring device service

16         agencies and personnel; amending s. 570.07,

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

18         the department's employees' benefit fund;

19         authorizing the department to purchase

20         supplemental food and drink items and set

21         temporary meal expenditure limits, under

22         emergency conditions; providing restrictions;

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

24         definition of "agriculturally depressed area"

25         under the Agricultural Economic Development

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

27         membership of the Agricultural Economic

28         Development Project Review Committee; creating

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

30         Economic Development Program disaster loans;

31         providing criteria for use of loan funds,


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                                      CS/HB 2237, Second Engrossed



  1         eligible crops, and loan applications;

  2         providing requirements for loan security and

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

  4         providing for an equestrian educational sports

  5         program at 4-year state universities; amending

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

  7         to membership appointment and terms of the

  8         Florida Agriculture Center and Horse Park

  9         Authority; renumbering and amending s. 585.89,

10         F.S.; authorizing state agencies and entities

11         to purchase fresh or frozen beef or pork

12         inspected by another state's federally approved

13         inspection program; renumbering and amending s.

14         585.92, F.S.; clarifying provisions relating to

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

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

17         revising the definition of "wild land" in

18         provisions relating to forest protection;

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

20         the Division of Forestry to issue warning

21         citations relating to certain authorized fires;

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

23         providing a penalty for intentional or reckless

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

25         revising timing requirements for inspection and

26         permitting of amusement rides; deleting

27         exemptions from inspection requirements for

28         certain temporary amusement rides at public

29         events; amending s. 828.12, F.S.; revising

30         provisions relating to cruelty to animals;

31         providing authority to the department to


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                                      CS/HB 2237, Second Engrossed



  1         negotiate agreements with certain landowners

  2         for water use in rural areas; amending s.

  3         828.27, F.S.; authorizing counties and

  4         municipalities to enact ordinances prohibiting

  5         or regulating noise from domesticated animals;

  6         providing nonapplicability; providing

  7         penalties; repealing s. 205.1951, F.S.,

  8         relating to local occupational licenses for

  9         establishments regulated under the state meat

10         inspection program; repealing ss. 585.70,

11         585.71, 585.715, 585.72, 585.73, 585.74,

12         585.75, 585.76, 585.77, 585.78, 585.79, 585.80,

13         585.81, 585.82, 585.83, 585.84, 585.85, 585.86,

14         585.87, 585.88, 585.90, 585.902, 585.903,

15         585.904, 585.91, 585.93, and 585.96, F.S.,

16         relating to the state meat inspection program;

17         providing an effective date.

18

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

20

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

22  Florida Statutes, to read:

23         212.02  Definitions.--The following terms and phrases

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

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

26  different meaning:

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

28  plants and animals useful to humans, including the

29  preparation, planting, cultivating, or harvesting of these

30  products or any other practices necessary to accomplish

31  production through the harvest phase, and includes


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                                      CS/HB 2237, Second Engrossed



  1  aquaculture, horticulture, floriculture, viticulture,

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

  3  forms of farm products and farm production.

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

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

  6         253.025  Acquisition of state lands for purposes other

  7  than preservation, conservation, and recreation.--

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

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

10  Internal Improvement Trust Fund may deed property to the

11  Department of Agriculture and Consumer Services, so that the

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

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

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

15  forestry facility resides for money or other more suitable

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

17  purchase of property by the Department of Agriculture and

18  Consumer Services shall follow the requirements of subsections

19  (5)-(9). Any sale shall be at fair market value, and any trade

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

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

22  the Department of Agriculture and Consumer Services is

23  excluded from following the provisions of this chapter and

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

25  acquired for conservation purposes in accordance with s.

26  253.034(6)(a) or (b).

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

28  Agriculture and Consumer Services the Relocation and

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

30  sole purpose of effectuating the orderly relocation of the

31  forestry fire towers and work centers as follows: Crestview


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                                      CS/HB 2237, Second Engrossed



  1  Work Center, Marianna Work Center, Panama City Headquarters,

  2  Tallahassee Headquarters, Southside Towersite, Gainesville

  3  Headquarters, Ocala Work Center, Orlando Headquarters,

  4  Lakeland Headquarters, Dunedin Work Center, Hamner Towersite,

  5  Bradenton Headquarters, Venetia Towersite, Fort Myers

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

  7  Towersite, Mayo Work Center, Benton Towersite, Plymouth

  8  Towersite, Longwood Work Center, Oviedo Towersite, Valrico

  9  Work Center, and Belle Glade Work Center.

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

11  Statutes, is amended to read:

12         482.051  Rules.--The department has authority to adopt

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

14  provisions of this chapter.  Prior to proposing the adoption

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

16  pest control industry concerning the proposed rule.  The

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

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

19  public which require:

20         (5)  That any pesticide used for preconstruction soil

21  treatments for the prevention of subterranean termites be

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

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

24  registered pesticide being applied be carried in a vehicle at

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

26  licensee maintain for 3 years the record of each

27  preconstruction soil treatment, indicating the date of

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

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

30  pesticide applied, the concentration of each substance in the

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


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                                      CS/HB 2237, Second Engrossed



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

  2  section 482.132, Florida Statutes, to read:

  3         482.132  Qualifications for examination and

  4  certification.--

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

  6  operator's certificate must possess the minimum qualifications

  7  specified in one of the following paragraphs:

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

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

10  been certified to perform pest control in the category or

11  categories in which the applicant seeks certification, 1 year

12  of which employment must have been completed in this state

13  during the year immediately preceding application for

14  examination.  Additionally, the application for certification

15  must be submitted to the Department of Agriculture and

16  Consumer Services within 12 months after the date of

17  termination of employment from the Department of Defense.

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

19  Statutes, is amended to read:

20         487.041  Registration.--

21         (3)  The department shall adopt rules governing the

22  procedures for pesticide registration and for the review of

23  data submitted by an applicant for registration of a

24  pesticide. The department shall determine whether a pesticide

25  should be registered, registered with conditions, or tested

26  under field conditions in this state. The department shall

27  determine that all requests for pesticide registrations meet

28  the requirements of current state and federal law. The

29  department, whenever it deems it necessary in the

30  administration of this part, may require the manufacturer or

31  registrant to submit the complete formula, quantities shipped


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                                      CS/HB 2237, Second Engrossed



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

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

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

  4  registered pesticide if new information is made available

  5  which indicates that use of the pesticide has caused an

  6  unreasonable adverse effect on public health or the

  7  environment. Such review shall be conducted upon the request

  8  of the Secretary of the Department of Health in the event of

  9  an unreasonable adverse effect on public health or the

10  Secretary of the Department of Environmental Protection in the

11  event of an unreasonable adverse effect on the environment.

12  Such review may result in modifications, revocation,

13  cancellation or suspension of a pesticide registration. The

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

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

16  pesticide, after notice to the applicant or registrant giving

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

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

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

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

21  final without further procedure. In no event shall

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

23  commission of any offense prohibited under this part.

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

25  Florida Statutes, to read:

26         487.081  Exemptions.--

27         (6)  The Department of Environmental Protection is not

28  authorized to institute proceedings against any property owner

29  or leaseholder of property under the provisions of s.

30  376.307(5) to recover any costs or damages associated with

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


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                                      CS/HB 2237, Second Engrossed



  1  assessment, or remediation of pesticide contamination of soil

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

  3  soil or potable water supplies, subject to the following

  4  conditions:

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

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

  7  property owner or leaseholder, in accordance with state and

  8  federal law, applicable registered labels, and rules on

  9  property classified as agricultural land pursuant to s.

10  193.461;

11         (b)  The property owner or leaseholder maintains

12  records of such pesticide applications and such records are

13  provided to the department upon request;

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

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

16  available to the Department of Environmental Protection;

17         (d)  This subsection does not limit regulatory

18  authority under a federally delegated or approved program; and

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

20  apply retroactively.

21  The department, in consultation with the Secretary of the

22  Department of Environmental Protection, may adopt rules

23  prescribing the format, content, and retention time for

24  records to be maintained under this subsection.

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

26  500.12, Florida Statutes, is amended to read:

27         500.12  Food permits; building permits.--

28         (1)

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

30  department must be accompanied by a fee in an amount

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


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                                      CS/HB 2237, Second Engrossed



  1  except that the fee accompanying an application for a food

  2  permit for operating a bottled water plant may not exceed

  3  $1,000 and the fee accompanying an application for a food

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

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

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

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

  8  indirect costs incurred by the department in carrying out its

  9  permitting, inspection, sampling, enforcement, and

10  administrative responsibilities for those operations. Food

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

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

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

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

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

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

17  Inspection Trust Fund.

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

19  Statutes, is amended to read:

20         500.459  Water vending machines.--

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

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

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

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

25  incurred by the department in carrying out its permitting,

26  inspection, sampling, enforcement, and administrative

27  responsibilities under this section. Such fees shall be

28  deposited in the General Inspection Trust Fund and shall be

29  used for the sole purpose of this section.

30         Section 9.  Subsections (2) and (3) of section 526.311,

31  Florida Statutes, are amended to read:


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                                      CS/HB 2237, Second Engrossed



  1         526.311  Enforcement; civil penalties; injunctive

  2  relief.--

  3         (2)  The Department of Agriculture and Consumer

  4  Services shall investigate any complaints regarding violations

  5  of this act and may request in writing the production of

  6  documents and records as part of its investigation of a

  7  complaint. Trade secrets, as defined in s. 812.081, and

  8  proprietary confidential business information contained in the

  9  documents or records received by the department pursuant to a

10  written request or a Department of Legal Affairs subpoena are

11  confidential and exempt from the provisions of s. 119.07(1)

12  and s. 24(a), Art. I of the State Constitution. If the person

13  upon whom such request was made fails to produce the documents

14  or records within 30 days after the date of the request, the

15  department, through the department's office of general

16  counsel, may of Agriculture and Consumer Services may request

17  that the Department of Legal Affairs issue and serve a

18  subpoena subpoenas to compel the production of such documents

19  and records. If any person shall refuse to comply with a

20  subpoena issued under this section, the department of Legal

21  Affairs may petition a court of competent jurisdiction to

22  enforce the subpoena and assess such sanctions as the court

23  may direct. Refiners shall afford the department of

24  Agriculture and Consumer Services reasonable access to the

25  refiners' posted terminal price.  After completion of an

26  investigation, the Department of Agriculture and Consumer

27  Services shall give the results of its investigation to the

28  Department of Legal Affairs.  The Department of Legal Affairs

29  may then subpoena additional relevant records or testimony if

30  it determines that the Department of Agriculture and Consumer

31  Services' investigation shows a violation has likely occurred.


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                                      CS/HB 2237, Second Engrossed



  1  Any records, documents, papers, maps, books, tapes,

  2  photographs, files, sound recordings, or other business

  3  material, regardless of form or characteristics, obtained by

  4  the a department of Legal Affairs subpoena are confidential

  5  and exempt from the provisions of s. 119.07(1) and s. 24(a),

  6  Art. I of the State Constitution while the investigation is

  7  pending. At the conclusion of an investigation, any matter

  8  determined by the department of Legal Affairs or by a judicial

  9  or administrative body, federal or state, to be a trade secret

10  or proprietary confidential business information held by the

11  department pursuant to such investigation shall be considered

12  confidential and exempt from the provisions of s. 119.07(1)

13  and s. 24(a), Art. I of the State Constitution.  Such

14  materials may be used in any administrative or judicial

15  proceeding so long as the confidential or proprietary nature

16  of the material is maintained.

17         (3)  The civil penalty imposed under this section may

18  be assessed and recovered in a civil action brought by the

19  department of Legal Affairs in any court of competent

20  jurisdiction. If the department of Legal Affairs prevails in a

21  civil action, the court may award it reasonable attorneys'

22  fees as it deems appropriate.  All funds recovered by the

23  department of Legal Affairs shall be deposited into shared

24  equally between the Department of Legal Affairs Trust Fund and

25  the General Inspection Trust Fund.

26         Section 10.  Subsection (2) of section 526.312, Florida

27  Statutes, is amended to read:

28         526.312  Enforcement; private actions; injunctive

29  relief.--

30         (2)  On the application for a temporary restraining

31  order or a preliminary injunction, the court, in its


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                                      CS/HB 2237, Second Engrossed



  1  discretion having due regard for the public interest, may

  2  require or dispense with the requirement of a bond, with or

  3  without surety, as conditions and circumstances may require.

  4  If a bond is required, the amount shall not be greater than

  5  $50,000.  Upon proper application by the plaintiff, the court

  6  shall grant preliminary injunctive relief if the plaintiff

  7  shows:

  8         (a)  That he or she is a proper person to seek the

  9  relief requested.

10         (b)  There exist sufficiently serious questions going

11  to the merits to make such questions a fair ground for

12  litigation; and the court determines, on balance, the

13  hardships imposed on the defendant and the public interest by

14  the issuance of such preliminary injunctive relief will be

15  less than the hardship which would be imposed on the plaintiff

16  if such preliminary injunctive relief were not granted.

17

18  The standards specified in paragraphs (a) and (b) shall also

19  apply to actions for injunctive relief brought by the

20  department of Legal Affairs under s. 526.311.

21         Section 11.  Section 526.313, Florida Statutes, is

22  amended to read:

23         526.313  Limitations period for actions.--Any action

24  brought by the department of Legal Affairs shall be brought

25  within 2 years after the alleged violation occurred or should

26  reasonably have been discovered.  Any action brought by any

27  other person shall be brought within 1 year after the alleged

28  violation occurred or should reasonably have been discovered,

29  except that a private action brought under s. 526.305 for

30  unlawful price discrimination shall be brought within 2 years

31


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                                      CS/HB 2237, Second Engrossed



  1  from the date the alleged violation occurred or should

  2  reasonably have been discovered.

  3         Section 12.  Section 526.3135, Florida Statutes, is

  4  amended to read:

  5         526.3135  Reports by the Division of Standards

  6  Department of Agriculture and Consumer Services.--The Division

  7  of Standards Department of Agriculture and Consumer Services

  8  is directed to compile a report pursuant to s. 570.544 of all

  9  complaints received by the Department of Agriculture and

10  Consumer Services pursuant to this act.  Such report shall

11  contain at least the information required by s.

12  570.544(6)(b)2.-4. and shall be presented to the Speaker of

13  the House of Representatives and the President of the Senate

14  no later than January 1 of each year.

15         Section 13.  There is hereby appropriated $100,000 from

16  the General Revenue Fund and two full-time equivalent

17  positions to the Department of Agriculture and Consumer

18  Services to implement the provisions of Chapter 526, Part I,

19  F.S.

20         Section 14.  Subsection (16) is added to section

21  531.41, Florida Statutes, to read:

22         531.41  Powers and duties of the department.--The

23  department shall:

24         (16)  Provide by rule for the voluntary registration

25  with the department of private weighing and measuring device

26  service agencies or personnel. Such rule shall grant private

27  agencies and personnel that meet all registration requirements

28  and maintain current registered status with the department the

29  authority to place devices that meet all state requirements

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

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


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                                      CS/HB 2237, Second Engrossed



  1  provided such devices are reported to the department as

  2  prescribed by the rule.

  3

  4  The provisions of this chapter and rules adopted thereunder

  5  notwithstanding, scales routinely used by providers of weight

  6  control services shall not be considered commercial weights

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

  8  charges or payments for services rendered by such providers on

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

10         Section 15.  Subsection (34) of section 570.07, Florida

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

12  section, to read:

13         570.07  Department of Agriculture and Consumer

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

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

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

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

18  provisions of chapter 273, the department may deposit moneys

19  received from the disposition of state-owned tangible personal

20  property, specifically livestock maintained and located at the

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

22  benefit fund.

23         (35)  Under emergency conditions, to authorize the

24  purchase of supplemental nutritional food and drink items and

25  set temporary meal expenditure limits for employees engaged in

26  physical activity for prolonged periods of time in excess of

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

28  per day.

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

30  of section 570.242, Florida Statutes, to read:

31


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                                      CS/HB 2237, Second Engrossed



  1         570.242  Definitions.--For purposes of this act, the

  2  following terms shall have the following meanings:

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

  4  which has declining profitability from agricultural

  5  enterprises and one or more of the following characteristics:

  6         (f)  Crop losses or economic depression resulting from

  7  a natural disaster or socioeconomic conditions or events which

  8  negatively impact a crop.

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

10  570.248, Florida Statutes, is amended to read:

11         570.248  Agricultural Economic Development Project

12  Review Committee; powers and duties.--

13         (1)  There is created an Agricultural Economic

14  Development Project Review Committee consisting of five

15  members appointed by the commissioner. The members shall be

16  appointed based upon the recommendations submitted by each

17  entity represented on the committee and shall include:

18         (c)  One representative from Enterprise Florida, Inc

19  the Florida Rural Development Committee.

20         Section 18.  Section 570.249, Florida Statutes, is

21  created to read:

22         570.249  Agricultural Economic Development Program

23  disaster loans.--

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

25  producers who have experienced crop losses from a natural

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

27  restore or replace essential physical property, such as

28  animals, fences, equipment, structural production facilities,

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

30  associated with the disaster year; pay essential family living

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


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                                      CS/HB 2237, Second Engrossed



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

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

  3  $250,000. Applicants must provide at least 10 percent equity.

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

  5  loan program include:

  6         (a)  Crops grown for human consumption.

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

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

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

10         (d)  Specialty crops, such as aquacultural,

11  floricultural, or ornamental nursery crops; Christmas trees;

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

13  eligible crops.

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

15  complete and acceptable farm records and present them as proof

16  of production levels. A borrower must operate in accordance

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

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

19  in a financial management training program and obtain crop

20  insurance.

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

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

23  the committee within 30 days after the date the natural

24  disaster or socioeconomic condition or event occurs or the

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

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

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

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

29  residential homestead owned by the applicant must not be

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

31  applicant must also demonstrate the need for economic


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                                      CS/HB 2237, Second Engrossed



  1  assistance, be worthy of credit according to standards

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

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

  4  the ability to repay the loan.

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

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

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

  8  The specific type of collateral required may vary depending

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

10  circumstances of the applicant.

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

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

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

14  Loans for physical losses to real estate and buildings shall

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

16  conventional credit sources when they are financially able.

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

18  reviewed periodically to determine whether they can return to

19  conventional credit.

20         Section 19.  Section 570.92, Florida Statutes, is

21  created to read:

22         570.92  Equestrian educational sports program.--The

23  department shall establish an equestrian educational sports

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

25  designed to give student riders the opportunity to learn,

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

27  time promoting the state's multibillion dollar equine

28  industry.

29         Section 20.  Subsection (2) of section 570.952, Florida

30  Statutes, is amended to read:

31


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                                      CS/HB 2237, Second Engrossed



  1         570.952  Florida Agriculture Center and Horse Park

  2  Authority.--

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

  4  appointed by the commissioner.

  5         (a)  Members shall include:

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

  7  shall represent the views of the general public toward

  8  agriculture and equine activities in the state.

  9         2.  One representative from the Department of

10  Agriculture and Consumer Services.

11         3.  One representative from Enterprise Florida, Inc.

12         4.  One representative from the Department of

13  Environmental Protection, Office of Greenways and Trails

14  Management.

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

16  Commerce.

17         6.  Two representatives of the tourism or hospitality

18  industry.

19         7.  Three representatives of the commercial agriculture

20  industry.

21         8.  Three representatives from recognized horse breed

22  associations.

23         9.  One representative of the veterinary industry.

24         10.  Three representatives from the competitive equine

25  industry.

26         6.  One public/private partnership expert.

27         7.  One member of a private environmental organization.

28         8.  One fruit and vegetable grower.

29         9.  One citrus grower.

30         10.  One commercial feed producer.

31         11.  One livestock/cattle breeder.


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                                      CS/HB 2237, Second Engrossed



  1         12.  One quarter horse breeder.

  2         13.  One thoroughbred horse breeder.

  3         14.  One standardbred horse breeder.

  4         15.  One Arabian horse breeder.

  5         16.  One color breeds horse breeder.

  6         17.  One licensed veterinarian.

  7         18.  One Paso Fino horse breeder.

  8         19.  One ornamental or nursery stock grower.

  9         20.  One representative from the horse show industry.

10         21.  One representative from the horse sport industry.

11         11.22.  One representative from the horse pleasure and

12  trail riding trailriders industry.

13         12.23.  One representative recommended by from the

14  Board of County Commissioners of Marion County.

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

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

17  three nominees submitted by recognized statewide organizations

18  representing each interest or trade enumerated in this

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

20  appoint persons who otherwise meet the qualifications for

21  nomination and appointment to the authority.

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

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

24  11 members shall be appointed for 2-year terms. Thereafter,

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

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

27  appointment for the remainder of the term.

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

29  three consecutive authority meetings without good cause shall

30  be deemed to have resigned from the authority. The

31  commissioner shall appoint a person representing the same


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                                      CS/HB 2237, Second Engrossed



  1  interest or trade as the resigning member. Current members

  2  shall continue to serve until successors are appointed.

  3         Section 21.  Section 585.89, Florida Statutes, is

  4  renumbered as section 287.0822, Florida Statutes, and

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

  6         287.0822 585.89  Beef and pork; prohibition on

  7  purchase; bid specifications; penalty.--

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

  9  inspected by the United States Department of Agriculture or by

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

11  the United States Department of Agriculture the department

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

13  agency of the state or of any municipality, political

14  subdivision, school district, or special district for

15  consumption in this state or for distribution for consumption

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

17  state or of any municipality, political subdivision, school

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

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

20  inspected and passed by either the United States Department of

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

22  been approved by the United States Department of Agriculture

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

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

25  or imported beef or pork supplied is either domestic or

26  complies with this subsection.

27         Section 22.  Section 585.92, Florida Statutes, is

28  renumbered as section 287.0821, Florida Statutes, and amended

29  to read:

30         287.0821 585.92  All American and Genuine Florida meat

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


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                                      CS/HB 2237, Second Engrossed



  1  of Agriculture, each slaughterhouse or meatpacking or

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

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

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

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

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

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

  8         Section 23.  Subsection (5) of section 590.015, Florida

  9  Statutes, is amended to read:

10         590.015  Definitions.--As used in this chapter, the

11  term:

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

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

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

15         Section 24.  Section 590.14, Florida Statutes, is

16  amended to read:

17         590.14  Warning citation; Notice of violation;

18  penalties.--

19         (1)  If unpredicted atmospheric conditions occur which

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

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

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

23  occurred, the division may issue a warning citation of

24  violation of s. 590.125.

25         (1)(2)  If a division employee determines that a person

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

27  notice of violation indicating the statute violated. This

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

29  the appropriate law enforcement entity for further action if

30  necessary.

31


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                                      CS/HB 2237, Second Engrossed



  1         (2)(3)  In addition to any other penalties provided by

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

  3  authorized fire to escape the boundaries of the authorization

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

  5  the payment of all reasonable costs and expenses incurred in

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

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

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

  9  days after demand, the division may take proper legal

10  proceedings for the collection of the costs and expenses.

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

12  direction are recoverable by that agency.

13         (3)(4)  The department may also impose an

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

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

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

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

18  Fund of the division.

19         (4)(5)  The penalties provided in this section shall

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

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

22  violation.

23         Section 25.  Section 590.28, Florida Statutes, is

24  amended to read:

25         590.28  Intentional or reckless careless burning of

26  lands.--

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

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

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

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

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


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                                      CS/HB 2237, Second Engrossed



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

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

  3  775.083, or s. 775.084.

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

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

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

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

  8  commits a misdemeanor of the second degree, punishable as

  9  provided in s. 775.082 or s. 775.083.

10         Section 26.  Paragraph (b) of subsection (5) and

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

12  Statutes, are amended to read:

13         616.242  Safety standards for amusement rides.--

14         (5)  ANNUAL PERMIT.--

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

16  to the department a written application on a form prescribed

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

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

19  business of the owner.

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

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

22  Amusement Identification Number of the amusement ride.

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

24  amusement ride.

25         4.  An affidavit of compliance that the amusement ride

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

27  ride is in general conformance with the requirements of this

28  section and all applicable rules adopted by the department.

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

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

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


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                                      CS/HB 2237, Second Engrossed



  1  department. The owner shall request inspection and permitting

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

  3  application with the department. The department shall inspect

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

  5  application with the department of the date the affidavit was

  6  executed.

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

  8  nondestructive testing dated and executed no earlier than 60

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

10  the application with the department. The owner shall request

11  inspection and permitting of the amusement ride within 60 days

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

13  department shall inspect and permit the amusement ride within

14  60 days after filing the application with the department of

15  the date the affidavit was executed.

16         6.  A request for inspection.

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

18  department, provide the department a copy of the

19  manufacturer's current recommended operating instructions in

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

21  and any written bulletins in the possession of the owner

22  concerning the safety, operation, or maintenance of the

23  amusement ride.

24         (7)  DEPARTMENT INSPECTIONS.--

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

26  ride must be inspected by the department in accordance with

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

28  addition, each permanent amusement ride must be inspected

29  semi-annually by the department in accordance with subsection

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

31  amusement ride must be inspected by the department in


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                                      CS/HB 2237, Second Engrossed



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

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

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

  4  ride is:

  5         1.  Used at a private event; or

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

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

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

  9         2.3.  A simulator, the capacity of which does not

10  exceed 16 persons.; or

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

12  no more than three amusement rides at the event.

13         Section 27.  Subsection (4) of section 828.12, Florida

14  Statutes, is amended to read:

15         828.12  Cruelty to animals.--

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

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

18  wagering for entertainment or sport purposes shall be guilty

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

20  775.082, s. 775.083, or s. 775.084.  As used in this

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

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

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

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

25  recognized hybrid thereof. The provisions of this subsection

26  shall not apply when tripping is used:

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

28  threat to other livestock or human beings;

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

30  horse when its ownership is unknown; or

31


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                                      CS/HB 2237, Second Engrossed



  1         (c)  For the purpose of administering veterinary care

  2  to the horse.

  3         Section 28.  Subsection (7) of section 828.27, Florida

  4  Statutes, is amended to read:

  5         828.27  Local animal control or cruelty ordinances;

  6  penalty.--

  7         (7)  Nothing contained in this section shall prevent

  8  any county or municipality from enacting any ordinance

  9  relating to animal control or cruelty which is identical to

10  the provisions of this chapter or any other state law, except

11  as to penalty. However, no county or municipal ordinance

12  relating to animal control or cruelty shall conflict with the

13  provisions of this chapter or any other state law.

14  Notwithstanding the provisions of this subsection, the

15  governing body of any county or municipality is authorized to

16  enact ordinances prohibiting or regulating noise from any

17  domesticated animal, violation of which shall be punishable

18  upon conviction by a fine not to exceed $500 or by

19  imprisonment in the county jail for a period not to exceed 60

20  days, or by both such fine and imprisonment, for each

21  violation of such ordinance. This subsection shall not apply

22  to animals on land zoned for agricultural purposes.

23         Section 29.  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, Second Engrossed



  1         Section 30.  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 31.  This act shall take effect July 1, 2000.

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