House Bill hb1915

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    Florida House of Representatives - 2001                HB 1915

        By the Committee on Agriculture & Consumer Affairs and
    Representative Spratt





  1                      A bill to be entitled

  2         An act relating to agriculture and consumer

  3         services; amending s. 120.80, F.S.; providing

  4         that marketing orders under ch. 527, F.S., are

  5         not rules; amending s. 125.27, F.S.;

  6         authorizing the Department of Agriculture and

  7         Consumer Services to lease or loan equipment to

  8         governmental entities that have fire/rescue

  9         responsibilities; limiting liability for civil

10         damages resulting from use or possession of

11         such equipment; amending s. 201.15, F.S.;

12         authorizing the department to adopt rules

13         regarding the distribution of funds for best

14         management practices; amending s. 316.228,

15         F.S.; revising requirements for lamps on

16         projecting loads; amending s. 320.08, F.S.;

17         revising definition of a truck known as a

18         "goat"; amending s. 403.714, F.S.; deleting

19         requirement that the department coordinate

20         development of uniform product specifications

21         for compost used by state agencies; amending s.

22         487.041, F.S.; authorizing the department to

23         require and review data relating to the claims

24         of pesticide products used as preventive

25         treatment for termites; authorizing the

26         department to adopt rules; amending s. 500.09,

27         F.S.; authorizing fees for certain reinspection

28         of food establishments; amending s. 500.12,

29         F.S.; increasing the maximum food establishment

30         operating permit fee; providing use of such

31         fee; amending ss. 502.012 and 502.014, F.S.;

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  1         revising references relating to the pasteurized

  2         milk ordinance and milk sanitation; deleting

  3         requirement that a copy of a federal temporary

  4         marketing permit for milk and milk products be

  5         forwarded to the department; amending s.

  6         502.053, F.S.; clarifying milk testing

  7         requirements; amending s. 502.091, F.S.;

  8         authorizing the department to forgo the grading

  9         of certain milk products in an emergency;

10         providing for labeling; amending s. 503.041,

11         F.S.; providing that attempting to transfer a

12         frozen dessert plant license is grounds for

13         license suspension or revocation; amending s.

14         570.07, F.S.; authorizing the department to

15         repair or build structures; providing

16         restrictions; authorizing the department to

17         conduct investigations of violations of laws

18         relating to consumer protection; amending s.

19         503.071, F.S.; providing for the embargo,

20         detainment, or destruction of food or food

21         processing equipment of a frozen dessert

22         manufacturer; amending s. 570.244, F.S.;

23         clarifying powers and duties of the department

24         relating to the development of agribusinesses;

25         amending s. 570.249, F.S.; clarifying

26         aquacultural crops eligible for Agricultural

27         Economic Development Program disaster loans;

28         revising loan application requirements;

29         directing the department to establish an

30         agribusiness market development grant program;

31         amending s. 570.38, F.S.; increasing membership

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  1         of the Animal Industry Technical Council;

  2         amending s. 580.051, F.S.; revising label

  3         requirements for commercial feed; providing a

  4         penalty; amending s. 580.065, F.S.; revising

  5         feed laboratory standards and procedures;

  6         amending s. 580.091, F.S.; removing intent

  7         language regarding feed sampling and analysis;

  8         revising department procedures relating to

  9         approval of a quality-assurance/quality-control

10         plan; amending s. 580.112, F.S.; prohibiting

11         distribution of a feed or feedstuff that is

12         prohibited by federal law or regulation;

13         amending s. 581.211, F.S.; providing a penalty

14         for violation of rules relating to plant

15         industry; amending s. 585.002, F.S.; limiting

16         local government regulation with respect to the

17         humane care and treatment of livestock and

18         poultry; amending s. 585.145, F.S.; providing

19         for qualification of accredited veterinarians

20         to provide official certificates of veterinary

21         inspection; providing conditions for denial of

22         authority to issue such certificates; amending

23         s. 585.155, F.S.; revising vaccination

24         requirements for calves; amending s. 616.242,

25         F.S.; providing additional exemptions from

26         amusement ride safety standards; amending s.

27         633.557, F.S.; revising exemptions from

28         contractor requirements for certain farm

29         buildings; amending s. 828.22, F.S.; creating

30         the "Humane Slaughter Act"; revising provisions

31         relating to humane slaughter and livestock

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  1         euthanasia; amending s. 828.23, F.S.; revising

  2         definitions; amending s. 828.24, F.S.; revising

  3         provisions relating to prohibited acts;

  4         amending s. 828.25, F.S.; revising provisions

  5         relating to administration of the act by the

  6         department; creating s. 828.251, F.S.;

  7         directing the department to make current

  8         technical information available to

  9         slaughterers; creating s. 828.252, F.S.;

10         providing for humane treatment of nonambulatory

11         animals; amending s. 828.26, F.S.; revising

12         penalties; amending ss. 427.804 and 559.921,

13         F.S.; correcting cross references; repealing s.

14         570.544(10) and (11), F.S., relating to

15         authority of the Division of Consumer Services

16         of the department to conduct investigations of

17         violations of laws relating to consumer

18         protection; providing effective dates.

19

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

21

22         Section 1.  Subsection (2) of section 120.80, Florida

23  Statutes, is amended to read:

24         120.80  Exceptions and special requirements;

25  agencies.--

26         (2)  DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.--

27         (a)  Any Agricultural marketing orders under chapter

28  527, chapter 573, or chapter 601 are not rules.

29         Section 2.  Subsection (3) is added to section 125.27,

30  Florida Statutes, to read:

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  1         125.27  Countywide forest fire protection; authority of

  2  the Division of Forestry; state funding; county fire control

  3  assessments; supplemental agreements; lease or donation of

  4  equipment, etc disposition.--

  5         (3)  The Department of Agriculture and Consumer

  6  Services may lease, loan, or otherwise make available to

  7  state, county, and local governmental entities that have

  8  fire/rescue responsibilities, new or used fire protection

  9  equipment, vehicles, or supplies, which shall include all such

10  items received from public or private entities. The

11  department, and those private or public entities providing

12  such items for loan or lease through the department, shall not

13  be held liable for civil damage resulting from use or

14  possession of such items. Private or public entities that

15  donate equipment, vehicles, or supplies directly to state,

16  county, or local governmental entities having fire/rescue

17  responsibilities shall not be held liable for civil damage

18  resulting from use or possession of such items.

19         Section 3.  Subsection (8) of section 201.15, Florida

20  Statutes, as amended by chapters 99-247, 2000-151, 2000-170,

21  and 2000-197, Laws of Florida, is amended to read:

22         201.15  Distribution of taxes collected.--All taxes

23  collected under this chapter shall be distributed as follows

24  and shall be subject to the service charge imposed in s.

25  215.20(1), except that such service charge shall not be levied

26  against any portion of taxes pledged to debt service on bonds

27  to the extent that the amount of the service charge is

28  required to pay any amounts relating to the bonds:

29         (8)  One-half of one percent of the remaining taxes

30  collected under this chapter shall be paid into the State

31  Treasury and divided equally to the credit of the Department

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  1  of Environmental Protection Water Quality Assurance Trust Fund

  2  to address water quality impacts associated with

  3  nonagricultural nonpoint sources and to the credit of the

  4  Department of Agriculture and Consumer Services General

  5  Inspection Trust Fund to address water quality impacts

  6  associated with agricultural nonpoint sources, respectively.

  7  These funds shall be used for research, development,

  8  demonstration, and implementation of suitable best management

  9  practices or other measures used to achieve water quality

10  standards in surface waters and water segments identified

11  pursuant to ss. 303(d) of the Clean Water Act, Pub. L. No.

12  92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best

13  management practices and other measures may include cost-share

14  grants, technical assistance, implementation tracking, and

15  conservation leases or other agreements for water quality

16  improvement. The Department of Environmental Protection and

17  the Department of Agriculture and Consumer Services may adopt

18  rules governing the distribution of funds for implementation

19  of best management practices. The unobligated balance of funds

20  received from the distribution of taxes collected under this

21  chapter to address water quality impacts associated with

22  nonagricultural nonpoint sources will be excluded when

23  calculating the unobligated balance of the Water Quality

24  Assurance Trust Fund as it relates to the determination of the

25  applicable excise tax rate.

26         Section 4.  Subsection (2) of section 316.228, Florida

27  Statutes, is amended to read:

28         316.228  Lamps or flags on projecting load.--

29         (2)  Any commercial motor vehicle or trailer, except as

30  stated in s. 316.515(7), transporting a load of unprocessed

31  logs or, long pulpwood, poles, or posts which load extends

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  1  extend more than 4 feet beyond the rear of the body or bed of

  2  such vehicle, must have securely fixed as close as practicable

  3  practical to the end of any such projection one amber

  4  strobe-type lamp equipped with a multidirectional type lens so

  5  mounted as to be visible from the rear and both sides of the

  6  projecting load. If the mounting of one strobe lamp cannot be

  7  accomplished so that it is visible from the rear and both

  8  sides of the projecting load, multiple strobe lamps must be

  9  used to meet the visibility requirements of this subsection.

10  The strobe lamp must flash at a rate of at least 60 flashes

11  per minute and must be plainly visible from a distance of at

12  least 500 feet to the rear and sides of the projecting load at

13  any time of the day or night. The lamp must be operating at

14  any time of the day or night when the vehicle is operated on

15  any highway or parked on the shoulder or immediately adjacent

16  to the traveled portion of any public roadway. The projecting

17  load must also be marked with a red flag as described in

18  subsection (1).

19         Section 5.  Paragraph (d) of subsection (3) of section

20  320.08, Florida Statutes, is amended to read:

21         320.08  License taxes.--Except as otherwise provided

22  herein, there are hereby levied and imposed annual license

23  taxes for the operation of motor vehicles, mopeds, motorized

24  bicycles as defined in s. 316.003(2), and mobile homes, as

25  defined in s. 320.01, which shall be paid to and collected by

26  the department or its agent upon the registration or renewal

27  of registration of the following:

28         (3)  TRUCKS.--

29         (d)  A truck defined as a "goat," or any other vehicle

30  when used in the field by a farmer or in the woods for the

31  purpose of harvesting a crop, including naval stores, during

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  1  such harvesting operations, and which is not principally

  2  operated upon the roads of the state: $7.50 flat.  A "goat" is

  3  a motor vehicle designed, constructed, and used principally

  4  for the transportation of citrus fruit within citrus groves or

  5  crops on farms, and may also be used for the hauling of

  6  associated equipment or supplies, including required sanitary

  7  equipment, and the towing of farm trailers.

  8         Section 6.  Subsection (3) of section 403.714, Florida

  9  Statutes, is amended to read:

10         403.714  Duties of state agencies.--

11         (3)  All state agencies, including, but not limited to,

12  the Department of Transportation, the department, and the

13  Department of Management Services and local governments, are

14  required to procure compost products when they can be

15  substituted for, and cost no more than, regular soil amendment

16  products, provided the compost products meet all applicable

17  state standards, specifications, and regulations. The

18  Department of Agriculture and Consumer Services shall

19  coordinate the development of uniform product specifications

20  for procurement and use of compost by all state agencies. This

21  product preference shall apply to, but not be limited to, the

22  construction of highway projects, road rights-of-way, highway

23  planting projects, recultivation and erosion control programs,

24  and other projects. The Department of Agriculture and Consumer

25  Services shall prepare an annual summary on the use of compost

26  products by any state agency, political subdivision, or agency

27  of a political subdivision which is using state funds, or any

28  person contracting with such agency with respect to work

29  performed under contract. Such summary shall describe the use

30  of compost products in relation to similar products such as

31  top soil, fill dirt, sand, peat, and fertilizer. The

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  1  Department of Agriculture and Consumer Services shall

  2  establish a work group of state agency and local government

  3  personnel to design an appropriate reporting mechanism. The

  4  report shall be submitted to the Governor, the President of

  5  the Senate, and the Speaker of the House of Representatives.

  6         Section 7.  Paragraph (e) is added to subsection (4) of

  7  section 487.041, Florida Statutes, to read:

  8         487.041  Registration.--

  9         (4)  The department, in addition to its other duties

10  under this section, has the power to:

11         (e)  Require data demonstrating the efficacy of

12  pesticide products containing label statements that include

13  directions for use as preventive treatments for termites for

14  new construction. The department shall review the data and

15  determine if the data supports label claims of termite

16  prevention or protection from termite damage. Label claims for

17  protection from damage must be supported by data that shows

18  the product will prevent damage to a structure and its

19  contents for a minimum of 5 years under Florida conditions. If

20  the data does not support such label claims, then the product

21  cannot be registered or reregistered. The department shall

22  adopt rules specifying performance standards and acceptable

23  test conditions for data submitted in support of an efficacy

24  claim, or may reference such performance standards and test

25  conditions established by the United States Environmental

26  Protection Agency.

27         Section 8.  Subsection (7) of section 500.09, Florida

28  Statutes, is amended to read:

29         500.09  Rulemaking; analytical work.--

30         (7)  The department may establish and collect

31  reasonable fees for laboratory services performed pursuant to

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  1  subsection (6) or to recover the cost of each reinspection of

  2  a food establishment when the reinspection is conducted for

  3  the purpose of verifying compliance with the provisions of

  4  this chapter or rules promulgated thereunder. Such fees shall

  5  be deposited in the department's General Inspection Trust Fund

  6  and shall be used solely for the recovery of costs for the

  7  services provided.

  8         Section 9.  Paragraph (b) of subsection (1) of section

  9  500.12, Florida Statutes, is amended to read:

10         500.12  Food permits; building permits.--

11         (1)

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

13  department must be accompanied by a fee in an amount

14  determined by department rule, which may not exceed $1,000 and

15  shall be used solely for the recovery of costs for the

16  services provided $350, except that the fee accompanying an

17  application for a food permit for operating a bottled water

18  plant may not exceed $1,000 and the fee accompanying an

19  application for a food permit for operating a packaged ice

20  plant may not exceed $250. The fee for operating a bottled

21  water plant or a packaged ice plant shall be set by rule of

22  the department. Food permits must be renewed annually on or

23  before January 1. If an application for renewal of a food

24  permit is not received by the department within 30 days after

25  its due date, a late fee, in an amount not exceeding $100,

26  must be paid in addition to the food permit fee before the

27  department may issue the food permit. The moneys collected

28  shall be deposited in the General Inspection Trust Fund.

29         Section 10.  Subsection (15) of section 502.012,

30  Florida Statutes, is amended to read:

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  1         502.012  Definitions.--The following definitions shall

  2  apply in the interpretation and enforcement of this law:

  3         (15)  "Pasteurized milk ordinance" means the Grade A

  4  Pasteurized Milk Ordinance, 1993 Recommendations of United

  5  States Public Health Service/Food and Drug Administration

  6  Publication No. 229, including and all associated appendices,

  7  as adopted by department rule.

  8         Section 11.  Paragraph (b) of subsection (2) and

  9  subsection (5) of section 502.014, Florida Statutes, are

10  amended to read:

11         502.014  Powers and duties.--

12         (2)

13         (b)  The department shall designate employees who shall

14  be certified by the United States Food and Drug Administration

15  as state milk sanitation rating officers, sampling

16  surveillance officers, and laboratory evaluation officers in

17  accordance with the requirements published in "Methods of

18  Making Sanitation Ratings of Milk Supplies, 1989 Revision,"

19  "Evaluation of Milk Laboratories, 1985 Revision," and

20  "Procedures Governing the Cooperative State-Public Health

21  Service/Food and Drug Administration Program for Certification

22  of Interstate Milk Shippers, 1991 Revision," respectively, as

23  adopted by department rule. These officers shall conduct

24  routine sanitation compliance survey ratings of milk

25  producers, milk plants, laboratories, receiving stations,

26  transfer stations, and manufacturers of single-service

27  containers for milk and milk products. These ratings shall be

28  made in accordance with the recommendations of the United

29  States Food and Drug Administration published in Standard

30  Methods for the Examination of Dairy Products.

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  1         (5)(a)  A person who obtains a temporary marketing

  2  permit from the United States Food and Drug Administration for

  3  milk and milk products that do not conform to existing

  4  standards and definitions shall immediately forward a copy of

  5  the permit to the department. The department may allow the

  6  person to operate in the state under the authority of the

  7  federal permit if the department determines that it is in the

  8  interest of the state to do so.

  9         (a)(b)  The department shall adopt criteria for

10  issuance of a state temporary marketing permit for milk and

11  milk products that do not conform to existing standards and

12  definitions.

13         (b)(c)  The department shall establish a fee, not to

14  exceed $100, for the issuance of a state temporary marketing

15  permit or the use of a federal permit in the state. The fee

16  shall cover all costs of issuing the state permit or

17  processing the federal permit.

18         Section 12.  Paragraph (c) of subsection (2) of section

19  502.053, Florida Statutes, is amended to read:

20         502.053  Permits; requirements; exemptions; temporary

21  permits.--

22         (2)  REQUIREMENTS.--

23         (c)  In addition to the testing required in Appendix N

24  of the pasteurized milk ordinance and its appendices, each

25  milk plant operator in the state shall be responsible for

26  routine testing and inspection of raw milk shipped from

27  outside the state prior to processing and shall notify the

28  department when such testing and inspection indicates a

29  violation of the standards contained in the pasteurized milk

30  ordinance.

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  1         Section 13.  Paragraph (a) of subsection (1) of section

  2  502.091, Florida Statutes, is amended to read:

  3         502.091  Milk and milk products which may be sold.--

  4         (1)  Only Grade A pasteurized milk and milk products or

  5  certified pasteurized milk shall be sold to the final consumer

  6  or to restaurants, soda fountains, grocery stores, or similar

  7  establishments.

  8         (a)  In an emergency, however, the department may

  9  authorize the sale of reconstituted pasteurized milk products,

10  or pasteurized milk and milk products which have not been

11  graded, or the grade of which is unknown, in which case such

12  milk and milk products shall be appropriately labeled, as

13  determined by the department. "ungraded."

14         Section 14.  Subsection (1) of section 503.041, Florida

15  Statutes, is amended to read:

16         503.041  License fee; report required; penalty.--

17         (1)  Each frozen dessert plant that manufactures frozen

18  desserts or other products defined in this chapter, or offers

19  these products for sale in this state must hold a valid

20  license. Any attempted or purported transfer of such license

21  is grounds for suspension or revocation of such license.

22         Section 15.  Subsections (36), (37), and (38) are added

23  to section 570.07, Florida Statutes, to read:

24         570.07  Department of Agriculture and Consumer

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

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

27         (36)  To repair or build structures from existing

28  appropriation authority, notwithstanding chapters 216 and 255,

29  not to exceed a cost of $250,000 per structure. These

30  structures must meet all applicable building codes.

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  1         (37)  If the department, by its own inquiry or as a

  2  result of complaints, has reason to believe that a violation

  3  of the laws of the state relating to consumer protection has

  4  occurred or is occurring, the department may conduct an

  5  investigation, subpoena witnesses and evidence, and administer

  6  oaths and affirmations. If, as a result of the investigation,

  7  the department has reason to believe a violation of chapter

  8  501 has occurred, the department shall have the authority to

  9  bring an action in accordance with the provisions of chapter

10  501.

11         (38)  If the department, by its own inquiry or as a

12  result of complaints, has reason to believe that a violation

13  of the laws of the state relating to consumer protection has

14  occurred or is occurring, that the interests of the consumers

15  of this state have been damaged or are being damaged, or that

16  the public health, safety, or welfare is endangered or is

17  likely to be endangered by any consumer product or service,

18  the department may commence legal proceedings in circuit court

19  to enjoin the act or practice or the sale of the product or

20  service and may seek appropriate relief on behalf of

21  consumers. Upon application by the department, a hearing shall

22  be held within 3 days after the commencement of the

23  proceedings.

24         Section 16.  Subsection (6) is added to section

25  503.071, Florida Statutes, to read:

26         503.071  Penalty, injunction, and administrative

27  fines.--

28         (6)  Frozen dessert manufacturers are subject to the

29  provisions of s. 500.172, relating to embargoing, detaining,

30  or destroying food or food processing equipment, as well as

31  the provisions of this section.

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  1         Section 17.  Subsection (4) of section 570.244, Florida

  2  Statutes, is amended to read:

  3         570.244  Department of Agriculture and Consumer

  4  Services; powers and duties.--For the accomplishment of the

  5  purposes specified in this act, the department shall have all

  6  powers and duties necessary, including, but not limited to,

  7  the power and duty to:

  8         (4)  Facilitate economic growth through the development

  9  of new agribusinesses such as value-added processing plants

10  and associated enterprises using raw products which are

11  produced in the state.

12         Section 18.  Effective upon this act becoming a law,

13  paragraph (d) of subsection (2) and subsections (4) and (5) of

14  section 570.249, Florida Statutes, are amended, and subsection

15  (7) is added to said section, to read:

16         570.249  Agricultural Economic Development Program

17  disaster loans and grants and aid.--

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

19  loan program include:

20         (d)  Specialty crops, such as seafood and aquaculture,

21  including, but not limited to, the products of shellfish

22  cultivation and harvesting, ornamental fish farming, and

23  commercial fishing; aquacultural, floricultural, or ornamental

24  nursery crops; Christmas trees; turf for sod; industrial

25  crops; and seed crops used to produce eligible crops.

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

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

28  the department committee within 90 30 days after the date the

29  natural disaster or socioeconomic condition or event occurs or

30  the crop damage becomes apparent. An applicant must be a

31  citizen of the United States, a bona fide resident of the

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  1  state, and, together with the applicant's spouse and their

  2  dependents, have a total net worth of less than $100,000. The

  3  value of any residential homestead owned by the applicant must

  4  not be included in determining the applicant's net worth. An

  5  applicant must also demonstrate the need for economic

  6  assistance, be worthy of credit according to standards

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

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

  9  the ability to repay the loan.

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

11  secured fully collateralized. A first lien is required on all

12  property or product acquired, produced, or refinanced with

13  loan funds. The specific type of collateral required may vary

14  depending upon the loan purpose, repayment ability, and the

15  particular circumstances of the applicant.

16         (7)  GRANTS AND AID.--The department shall establish a

17  grant program to provide aid to agribusinesses to assist in

18  market development.

19         Section 19.  Subsection (1) of section 570.38, Florida

20  Statutes, is amended to read:

21         570.38  Animal Industry Technical Council.--

22         (1)  COMPOSITION.--The Animal Industry Technical

23  Council is hereby created in the department and shall be

24  composed of 14 11 members as follows:

25         (a)  The beef cattle, swine, dairy, horse, independent

26  agricultural markets, meat processing and packing

27  establishments, veterinary medicine, and poultry

28  representatives who serve on the State Agricultural Advisory

29  Council and three additional representatives from the beef

30  cattle industry, as well as three at-large members

31  representing other animal industries in the state, who shall

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  1  be appointed by the commissioner for 4-year terms or until

  2  their successors are duly qualified and appointed.

  3         (b)  Each additional beef cattle representative shall

  4  be appointed subject to the qualifications and by the

  5  procedure as prescribed in s. 570.23 for membership to the

  6  council by the beef cattle representative.  If a vacancy

  7  occurs in these three positions, it shall be filled for the

  8  remainder of the term in the same manner as an initial

  9  appointment.

10         Section 20.  Section 580.051, Florida Statutes, is

11  amended to read:

12         580.051  Labels; requirements; penalty.--

13         (1)  Any commercial feed distributed in this state,

14  except a customer-formula feed and feed distributed through an

15  integrated poultry operation or by a cooperative to its

16  members, shall be accompanied by a legible label bearing all

17  information required by the United States Food and Drug

18  Administration and the following information:

19         (a)  An accurate statement of the net weight.

20         (b)  The name and principal address of the registrant.

21         (c)  The brand name and product name, if any, under

22  which the commercial feed is distributed. The word "medicated"

23  shall be incorporated as part of the brand or product name if

24  the commercial feed contains a drug.

25         1.  The department may require feeding directions and

26  precautionary statements to be placed on the label for the

27  safe and effective use of medicated and other feed as deemed

28  necessary.

29         2.  Labels on medicated feed shall include all of the

30  following:

31

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  1         a.  Any feeding directions prescribed by the department

  2  to ensure safe usage.

  3         b.  The stated purpose of the medication contained in

  4  the feed as stated in the claim statement.

  5         c.  The established name of each active drug

  6  ingredient.

  7         d.  The level of each drug used in the final mixture

  8  expressed in metric units as well as the required avoirdupois.

  9         (d)  The date of manufacture or expiration date of

10  commercial feed sold at retail as the department may by rule

11  require.

12         (e)  The guaranteed analysis stated in terms that

13  advise the consumer of the composition of the feed or

14  feedstuff or support claims made in the labeling. In all

15  cases, the elements or compounds listed in the analysis must

16  be determinable by laboratory methods approved by the

17  department.

18         1.  The guaranteed analysis, listing the minimum

19  percentage of crude protein, minimum percentage of crude fat,

20  and maximum percentage of crude fiber and, when more than 10

21  percent mineral ingredients are present, the minimum or

22  maximum percentages of mineral elements or compounds as

23  provided by rule.

24         2.  Vitamin ingredients, when guaranteed, shall be

25  shown in amounts and terms provided by rule. For mineral feed,

26  the list shall include the following: maximum or minimum

27  percentages of calcium (Ca), phosphorus (P), salt (NaCl), iron

28  (Fe), copper (Cu), cobalt (Co), magnesium (Mg), manganese

29  (Mn), potassium (K), selenium (Se), zinc (Zn), and fluorine

30  (F) if ingredients used as sources of any of these

31  constituents are declared. All mixtures that contain mineral

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  1  or vitamin ingredients generally regarded as dietary factors

  2  essential for the normal nutrition of animals and that are

  3  sold or represented for the primary purpose of supplying these

  4  minerals or vitamins as additions to rations in which these

  5  same mineral or vitamin factors may be deficient shall be

  6  classified as mineral or vitamin supplements. Products sold

  7  solely as mineral or vitamin supplements and guaranteed as

  8  specified in this section need not show guarantees for

  9  protein, fat, and fiber.

10         3.  Other nutritional substances or elements

11  determinable by laboratory methods may be guaranteed by

12  permission of, or shall be guaranteed at the request of, the

13  department as may be provided by rule.

14         (f)  The common or usual name of each ingredient used

15  in the manufacture of the commercial feed; however, for all

16  commercial feed except horse feed, the department by rule may

17  permit the use of collective terms for a group of ingredients

18  which perform a similar nutritional function.

19         (2)  Customer-formula feed shall be accompanied by a

20  label, invoice, delivery slip, or other shipping document,

21  bearing all information required by the United States Food and

22  Drug Administration and the following:

23         (a)  The name and address of the manufacturer.

24         (b)  The name and address of the customer ordering the

25  feed.

26         (c)  The date of delivery.

27         (d)  The product name and net weight of each commercial

28  feed and each other ingredient used in the mixture.

29         (e)  Adequate directions and precautionary statements

30  for the safe and effective use of all customer-formula feed

31  that is medicated.

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  1         (3)  Feed distributed by an integrated poultry

  2  operation or by a cooperative to its members shall be

  3  accompanied by a legible label bearing the information

  4  required by the United States Food and Drug Administration.

  5         (4)(3)  When a commercial feed is distributed in this

  6  state in bags or other containers, a label shall be placed on

  7  or affixed to each container; when a commercial feed is

  8  distributed in bulk, a label shall accompany delivery and be

  9  furnished to the customer at time of delivery.

10         (5)(4)  The amount of $100 shall be paid to the

11  department as penalty for the distribution of any commercial

12  feed that is not accompanied with the label required under

13  this chapter. The proceeds from any such penalty payments

14  shall be deposited by the department in the General Inspection

15  Trust Fund.

16         Section 21.  Subsections (1), (2), and (3) of section

17  580.065, Florida Statutes, are amended to read:

18         580.065  Laboratory certifications; application; fees;

19  requirements; reporting; refusal or cancellation of

20  certification.--

21         (1)(a)  The department by rule shall establish the

22  standards that a laboratory must meet to become certified in

23  any of the following areas of testing:

24         1.  Nutrient.

25         2.  Mycotoxins.

26         3.  Microbiological organisms.

27         4.  Pesticide residues.

28         5.  Drugs Drug residues.

29         (b)  The department shall be guided by the methods

30  published by the Association of Official Analytical Chemists,

31  the United States Environmental Protection Agency, the United

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  1  States Food and Drug Administration, or other generally

  2  recognized authorities in developing the standards for these

  3  laboratory certifications.

  4         (2)(a)  Any laboratory wanting to be certified by the

  5  department in any of the testing categories must complete and

  6  return an application with a $100 application fee and a $300

  7  fee for each of the desired certifications. A single

  8  application may be used to apply for more than one

  9  certification. The department shall furnish the application

10  forms, which must require the distributor to state that the

11  laboratory will comply with all provisions of this chapter and

12  applicable rules. The registration form shall identify the

13  laboratory's name, the name of the owner or owners of the

14  business, the location of the laboratory, and other

15  information as required by rule of the department. The form

16  shall be signed by the owner, a partner, if a partnership, or

17  an authorized officer or agent, if a corporation.

18         (b)  The department shall mail a certificate for each

19  certification granted to the laboratory to signify that

20  administrative requirements have been met.

21         (c)  Each laboratory that is certified in any area of

22  testing must renew each certification annually. Renewal must

23  be submitted on a form provided by the department at least 30

24  days prior to the expiration date of the current certificate.

25  The laboratory must complete and return the renewal form with

26  the appropriate fee for the desired annual certification as

27  indicated on the form. Failure to timely renew certification

28  shall result in the expiration of the certification on the

29  date stated on the certificate. Any renewal received after the

30  expiration date on the certificate shall be accompanied by a

31  $50 late charge. Any renewal received 30 days or more beyond

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  1  the expiration date on the certificate shall be returned to

  2  the laboratory, and the laboratory shall apply to the

  3  department as if it were the initial application for

  4  certification.

  5         (d)  Certification shall be conditioned on the

  6  laboratory's compliance with all provisions of this chapter

  7  and rules thereof, including:

  8         1.  Submitting quarterly reports to the department

  9  containing the results of the commercial feed and feedstuff

10  analyses for that quarter, including, but not limited to, the

11  results of each sample submitted for analysis by each

12  registrant, the registration number of the registrant

13  submitting the samples, the number of violative samples, and

14  any additional information the department may require by rule.

15         2.  Reporting immediately to the department each sample

16  that is found to be in violation of the standards in this

17  chapter and in the rules thereof.

18         3.  Participating in the quarterly check-sample program

19  administered by the department, when required.

20         4.  Maintaining a bookkeeping system and records that

21  will allow the department to verify the accuracy of the

22  reports required in this chapter and to examine such records

23  at reasonable times.

24         (e)  Failure to submit reports as required in this

25  subsection may result in the suspension or revocation of one

26  or more of the laboratory's testing certifications.

27         (3)  The department may shall operate a check-sample

28  program for all testing certifications. If 30 percent or more

29  of a laboratory's check-sample results are outside the

30  acceptable variation established by rule for each check-sample

31  test, the laboratory must pay a $100 fine and shall be placed

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  1  on probation for the next quarter. The laboratory may shall be

  2  required to process additional check samples during the

  3  probationary period. If 20 percent or more of the results of

  4  the laboratory's check samples are outside the acceptable

  5  variation level during the probationary period, that test

  6  category certification shall be revoked and the laboratory may

  7  not apply again for the same certification for 1 year after

  8  the date of the revocation.

  9         Section 22.  Paragraph (d) of subsection (2) and

10  paragraphs (a) and (b) of subsection (5) of section 580.091,

11  Florida Statutes, are amended to read:

12         580.091  Inspection; sampling; analysis; exemption.--

13         (2)  All registrants must have samples of their feed

14  and feed ingredients tested by a laboratory that has been

15  certified by the department or must be exempt from the

16  certified laboratory testing requirements, as provided in this

17  chapter, to ensure that all commercial feed and feedstuff

18  comply with the provisions of this chapter. The sampling

19  frequency and analysis requirements shall be determined by

20  rule of the department for poultry, dairy cow, beef cattle,

21  horse, swine, and other agriculture feed.

22         (d)  It is the intent of the Legislature that the

23  department not require sampling and analysis any more rigorous

24  than the level of sampling and analysis reflected in the Feed

25  Laboratory Quarterly Reports or official department records.

26         (5)  A registrant may apply for an exemption from the

27  certified laboratory testing requirements by submitting its

28  quality-assurance/quality-control plan, including laboratory

29  testing protocols, to the department for review and approval

30  or disapproval. The department shall furnish the form for

31  requesting the exemption, which form shall require the

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  1  registrant to comply with all applicable provisions of this

  2  chapter and related rules.

  3         (a)  Upon approval of a registrant's

  4  quality-assurance/quality-control plan, the department shall

  5  conduct an evaluation of the registrant's facility to verify

  6  compliance with the plan and the testing protocols submitted.

  7  The department shall send the registrant a letter of exemption

  8  if it finds that adequate measures are in place to assure

  9  compliance with the material submitted and with this chapter.

10         (b)  The registrant's quality-assurance/quality-control

11  plan laboratory facility shall be subject to evaluation every

12  3 years. Application for renewal must be submitted on a form

13  provided by the department at least 30 days prior to the

14  expiration date of the current approval letter. Any renewal

15  application received after the expiration date on the approval

16  letter shall be accompanied by a $50 late charge. Failure to

17  timely renew certification shall result in the expiration of

18  the approval and imposition of the requirement to have all

19  feed samples tested by a department-certified laboratory.

20         Section 23.  Subsection (14) is added to section

21  580.112, Florida Statutes, to read:

22         580.112  Certain acts prohibited.--The following acts,

23  or the causing thereof knowingly, within the state are

24  prohibited:

25         (14)  The distribution of a feed or feedstuff that is

26  prohibited by federal law or regulation.

27         Section 24.  Paragraph (a) of subsection (1) of section

28  581.211, Florida Statutes, is amended to read:

29         581.211  Penalties for violations.--

30         (1)  Any person who:

31

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  1         (a)  Violates any provision of this chapter or the

  2  rules adopted under this chapter;

  3

  4  commits a misdemeanor of the first degree, punishable as

  5  provided in s. 775.082 or s. 775.083.

  6         Section 25.  Subsection (6) is added to section

  7  585.002, Florida Statutes, to read:

  8         585.002  Department control; continuance of powers,

  9  duties, rules, orders, etc.--

10         (6)  Except as otherwise provided in this chapter, and

11  notwithstanding any other provision of law, a local government

12  or other state agency may not adopt any ordinance, regulation,

13  rule, or policy for the humane care and treatment of

14  livestock, as defined by s. 585.01(13), and poultry housed or

15  pastured in the state where such activity is regulated through

16  implemented best management practices developed or adopted by

17  the department under chapter 120 as part of a statewide or

18  regional program.

19         Section 26.  Subsection (3) of section 585.145, Florida

20  Statutes, is renumbered as subsection (4), and a new

21  subsection (3) is added to said section to read:

22         585.145  Control of animal diseases.--

23         (3)  Official certificates of veterinary inspection may

24  only be completed by a veterinarian accredited under the

25  National Veterinary Accreditation Program. The department may,

26  as prescribed by rule, deny a veterinarian the authority to

27  issue such certificates for the importation, movement, or

28  transfer of ownership of animals into or within the state as

29  required by this section for one of the following causes:

30         (a)  The revocation of such veterinarian's license to

31  practice veterinary medicine in the state;

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  1         (b)  The forgery, counterfeiting, alteration, or

  2  misrepresentation of an official certificate of veterinary

  3  inspection; or

  4         (c)  The failure to report or the negligent handling of

  5  any reportable disease.

  6         Section 27.  Paragraphs (a) and (c) of subsection (2)

  7  of section 585.155, Florida Statutes, are amended to read:

  8         585.155  Whole-herd and calf vaccination.--

  9         (2)(a)  All calves officially vaccinated with Brucella

10  abortus vaccine shall be permanently identified at the time of

11  vaccination with the official shield tattoo "V," registered by

12  the United States Department of Agriculture, in the right ear,

13  preceded by the numeral of the quarter of the year and

14  followed by the last numeral of the year.

15         (c)  Heifer calves must be vaccinated when not less

16  than 4 months and not more than 10 months of age.

17         Section 28.  Paragraph (a) of subsection (10) of

18  section 616.242, Florida Statutes, is amended to read:

19         616.242  Safety standards for amusement rides.--

20         (10)  EXEMPTIONS.--

21         (a)  This section does not apply to:

22         1.  Permanent facilities that employ at least 1,000

23  full-time employees and that maintain full-time, in-house

24  safety inspectors. Furthermore, the permanent facilities must

25  file an affidavit of the annual inspection with the

26  department, on a form prescribed by rule of the department.

27  Additionally, the Department of Agriculture and Consumer

28  Services may consult annually with the permanent facilities

29  regarding industry safety programs.

30         2.  Any playground operated by a school, local

31  government, or business licensed under chapter 509, if the

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  1  playground is an incidental amenity and the operating entity

  2  is not primarily engaged in providing amusement, pleasure,

  3  thrills, or excitement.

  4         3.  Museums or other institutions principally devoted

  5  to the exhibition of products of agriculture, industry,

  6  education, science, religion, or the arts.

  7         4.  Conventions or trade shows for the sale or exhibit

  8  of amusement rides if there are a minimum of 15 amusement

  9  rides on display or exhibition, and if any operation of such

10  amusement rides is limited to the registered attendees of the

11  convention or trade show.

12         5.  Skating rinks, arcades, lazer or paint ball war

13  games, bowling alleys, miniature golf courses, mechanical

14  bulls, inflatable rides, trampolines, ball crawls, exercise

15  equipment, jet skis, paddle boats, air boats, helicopters,

16  airplanes, parasails, hot air or helium balloons whether

17  tethered or untethered, theatres, batting cages, stationary

18  spring-mounted fixtures, rider-propelled merry-go-rounds,

19  games, side shows, live animal rides, or live animal shows.

20         6.  Go-karts operated in competitive sporting events if

21  participation is not open to the public.

22         7.  Nonmotorized playground equipment that is not

23  required to have a manager.

24         8.  Coin-actuated amusement rides designed to be

25  operated by depositing coins, tokens, credit cards, debit

26  cards, bills, or other cash money and which are not required

27  to have a manager, and which have a capacity of six persons or

28  less.

29         9.  Facilities described in s. 549.09(1)(a) when such

30  facilities are operating cars, trucks, or motorcycles only.

31

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  1         10.  Battery-powered cars or other vehicles that are

  2  designed to be operated by children 7 years of age or under

  3  and that do not exceed a speed of 4 miles per hour.

  4         11.  Mechanically driven vehicles that pull train cars,

  5  carts, wagons, or other similar vehicles, that are not

  6  confined to a metal track or confined to an area but are

  7  steered by an operator and do not exceed a speed of 4 miles

  8  per hour.

  9         Section 29.  Subsection (1) of section 633.557, Florida

10  Statutes, is amended to read:

11         633.557  Exemptions; nonresidential farm buildings farm

12  outbuildings; standpipe systems installed by plumbing

13  contractors.--

14         (1)  This act does not apply to owners of property who

15  are building or improving nonresidential farm buildings as

16  defined in s. 604.50 farm outbuildings. The Department of

17  Agriculture and Consumer Services shall have exclusive

18  authority to adopt by rule, pursuant to chapter 120,

19  exceptions to nonresidential farm buildings exempted by this

20  subsection when reasonably necessary to preserve public

21  health, safety, and welfare.

22         Section 30.  Section 828.22, Florida Statutes, is

23  amended to read:

24         828.22  Humane Slaughter Act; humane slaughter and

25  livestock euthanasia; requirements requirement.--

26         (1)  Sections 828.22-828.26 may be cited as the "Humane

27  Slaughter Act."

28         (2)(a)(1)  The Legislature of this state finds that the

29  use of humane methods in the killing slaughter of livestock

30  prevents needless suffering, results in safer and better

31  working conditions for persons engaged in the slaughtering

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  1  industry or other livestock operations, brings about

  2  improvement of products and economy in slaughtering or other

  3  livestock operations, and produces other benefits for

  4  producers, processors, and consumers which tend to expedite

  5  the orderly flow of livestock and their products.

  6         (b)(2)  It is therefore declared to be the policy of

  7  this state to require that the slaughter of all livestock and

  8  the handling of livestock in connection with slaughter shall

  9  be carried out only by humane methods and to provide that

10  methods of slaughter shall conform generally to those employed

11  in other states where humane slaughter is required by law and

12  to those authorized by the Federal Humane Slaughter Act of

13  1958, and regulations thereunder.

14         (3)  Nothing in ss. 828.22-828.26 this act shall be

15  construed to prohibit, abridge, or in any way hinder the

16  religious freedom of any person or group.  Notwithstanding any

17  other provision of ss. 828.22-828.26 this act, in order to

18  protect freedom of religion, ritual slaughter and the handling

19  or other preparation of livestock for ritual slaughter are

20  exempted from the terms of ss. 828.22-828.26 this act.  For

21  the purposes of this action the term "ritual slaughter" means

22  slaughter in accordance with s. 828.23(3)(7)(b).

23         Section 31.  Section 828.23, Florida Statutes, is

24  amended to read:

25         828.23  Definitions; ss. 828.22-828.26.--As used in ss.

26  828.22-828.26, the following words shall have the meaning

27  indicated:

28         (1)  "Department" means the Department of Agriculture

29  and Consumer Services.

30

31

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  1         (2)  "Person" means any individual, partnership,

  2  corporation, or association doing business in this state, in

  3  whole or in part.

  4         (3)  "Slaughter" means the act of killing one or more

  5  livestock animals for any purpose.

  6         (4)(3)  "Slaughterer" means any person other than a

  7  licensed veterinarian, or an employee of a humane society or

  8  animal control agency, who kills regularly engaged in the

  9  commercial slaughtering of livestock.

10         (5)(4)  "Livestock" means cattle, calves, sheep, swine,

11  horses, mules, goats, ostriches, rheas, emus, and any other

12  domestic animal which can or may be used in the preparation of

13  animal and for the preparation of meat or meat products. For

14  the purposes of ss. 828.22-828.26, "livestock" does not

15  include poultry and aquatic species.

16         (5)  "Packer" means any person engaged in the business

17  of slaughtering, or of manufacturing or preparing meat or meat

18  products for sale, either by such person or others; or of

19  manufacturing or preparing livestock products for sale by such

20  person or others.

21         (6)  "Stockyard" means any place, establishment, or

22  facility commonly known as a stockyard, conducted or operated

23  for compensation or profit as a public market, consisting of

24  pens, or other enclosures, and their appurtenances, for the

25  handling, keeping, and holding of livestock for the purpose of

26  sale or shipment.

27         (6)(7)  "Humane method" means either:

28         (a)  A method whereby the animal is rapidly and

29  effectively rendered insensitive to pain by electrical or

30  chemical means or by a penetrating captive bolt or gunshot

31  with appropriate caliber and placement rendered insensible to

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  1  pain by mechanical, electrical, chemical, or other means that

  2  are rapid and effective, before being shackled, hoisted,

  3  thrown, cast, or cut; or

  4         (b)  A method in accordance with ritual requirements of

  5  any religious faith whereby the animal suffers loss of

  6  consciousness by anemia of the brain caused by the

  7  simultaneous and instantaneous severance of the carotid

  8  arteries with a sharp instrument.

  9         Section 32.  Section 828.24, Florida Statutes, is

10  amended to read:

11         828.24  Prohibited acts; exemption.--

12         (1)  No person shall kill an animal in any way except

13  by an approved humane method slaughterer, packer, or stockyard

14  operator shall shackle, hoist, or otherwise bring livestock

15  into position for slaughter, by any method which shall cause

16  injury or pain.

17         (2)  No person shall shackle or hoist with intent to

18  kill any animal prior to rendering the animal insensitive to

19  pain slaughterer, packer, or stockyard operator shall bleed or

20  slaughter any livestock except by a humane method.

21         (3)  Nothing in this section precludes the enforcement

22  of s. 828.12 relating to cruelty to animals This act shall not

23  apply to any person, firm or corporation slaughtering or

24  processing for sale within the state not more than 20 head of

25  cattle nor more than 35 head of hogs per week.

26         Section 33.  Section 828.25, Florida Statutes, is

27  amended to read:

28         828.25  Administration; rules and regulations;

29  inspection; fees.--

30         (1)  The department shall administer the provisions of

31  ss. 828.22-828.26 this act.  It shall promulgate and may from

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  1  time to time revise rules and regulations which shall conform

  2  substantially to and are not less restrictive than the rules

  3  and regulations promulgated by the Secretary of Agriculture of

  4  the United States pursuant to the Federal Humane Slaughter Act

  5  of 1958, Pub. L. No. 85-765, 72 Stat. 862, and any amendments

  6  thereto; provided, however, that the use of a manually

  7  operated hammer, sledge or poleax is declared to be an

  8  inhumane method of slaughter within the meaning of this act.

  9         (2)  The department may appoint any member of its staff

10  as an official inspector for the purposes of ss. 828.22-828.26

11  this act.  Such inspector shall have the power to enter the

12  premises of any slaughterer for the purposes of verifying

13  compliance or noncompliance with the provisions of ss.

14  828.22-828.26 this act.

15         (3)  The department has the authority to conduct

16  inspections of the premises of slaughterers at random

17  intervals. As soon as practicable after October 1, 1961, an

18  inspection shall be made of the premises of each slaughterer.

19  Additional inspections shall be made not less frequently than

20  quarterly.  No fee shall be charged for such inspection.

21         Section 34.  Section 828.251, Florida Statutes, is

22  created to read:

23         828.251  Instruction.--The department, in conjunction

24  with the State University System, the American Veterinary

25  Medical Association, and humane animal groups, shall make

26  available to slaughterers the most current technical

27  information. Such information may be in video or manual

28  format, or another widely accepted media format.

29         Section 35.  Section 828.252, Florida Statutes, is

30  created to read:

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  1         828.252  Nonambulatory animals.--This section

  2  acknowledges that natural emergencies may arise or, even under

  3  recognized best management practices, injury may result. In

  4  all cases, nonambulatory animals shall be dealt with in a

  5  humane manner.

  6         (1)  As used in this section, the term "nonambulatory

  7  animal" means any livestock that is unable to stand and walk

  8  unassisted.

  9         (2)  No person shall buy, sell, give, receive,

10  transfer, market, hold without providing proper care within 24

11  hours, or drag any nonambulatory animal unless the

12  nonambulatory animal has been humanely euthanized, except in

13  such cases where providing proper care requires that the

14  animal be moved.

15         Section 36.  Section 828.26, Florida Statutes, is

16  amended to read:

17         828.26  Penalties Penalty.--

18         (1)  Any person who violates the provisions of ss.

19  828.22-828.26 and any rule associated with said sections shall

20  be subject to an administrative fine of up to $10,000 for each

21  violation. No slaughterer found by the department in

22  accordance with the above not to be in compliance with the

23  provisions of this act shall sell any meat or meat products to

24  any public agency in the state, or to any institution

25  supported by state, county, or municipal funds. Failure to

26  comply with this provision shall be a misdemeanor of the

27  second degree, punishable as provided in s. 775.083.

28         (2)  Unless otherwise provided, any person violating

29  any provision of ss. 828.22-828.26 commits a misdemeanor of

30  the second degree, punishable as provided in s. 775.082 or s.

31  775.083. Upon failure to be in compliance with the provisions

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  1  of this act after a period of 1 year from the date of the

  2  first inspection required under s. 828.25, the department

  3  shall direct the slaughterer to cease slaughtering livestock.

  4  Failure to comply with this directive shall be a misdemeanor

  5  of the second degree, punishable as provided in s. 775.083,

  6  and constituting a separate offense for each day of continued

  7  slaughtering operations beyond the first week following

  8  mailing of such directive to the slaughterer by the

  9  department.

10         (3)  Nothing in this section precludes the enforcement

11  of s. 828.12, relating to cruelty to animals.

12         Section 37.  Subsection (10) of section 427.804,

13  Florida Statutes, is amended to read:

14         427.804  Repair of nonconforming assistive technology

15  devices; refund or replacement of devices after attempt to

16  repair; sale or lease of returned device; arbitration;

17  investigation; limitation of rights.--

18         (10)  The department shall process consumer complaints

19  pursuant to ss. 570.07 and s. 570.544.

20         Section 38.  Subsection (2) of section 559.921, Florida

21  Statutes, is amended to read:

22         559.921  Remedies.--

23         (2)  The department shall process consumer complaints

24  according to ss. 570.07 and s. 570.544.

25         Section 39.  Subsections (10) and (11) of section

26  570.544, Florida Statutes, are repealed.

27         Section 40.  Except as otherwise provided herein, this

28  act shall take effect July 1, 2001.

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  2                          HOUSE SUMMARY

  3
      Revises various provisions relating to agriculture and
  4    consumer services. Authorizes the Department of
      Agriculture and Consumer Services to require and review
  5    data relating to the claims of preventive treatment for
      termites. Increases from $350 to $1,000 the food
  6    establishment operating permit fee. Provides for use of
      such fee. Provides that an attempt to transfer a frozen
  7    dessert plant manufacturing license is grounds for
      suspension or revocation of such license. Provides for
  8    the embargo, detainment, or destruction of food or food
      processing equipment of a frozen dessert manufacturer
  9    under certain conditions. Revises label requirements for
      commercial feed, revises certain feed laboratory
10    standards and procedures, and prohibits distribution of a
      feed or feedstuff that is prohibited by federal law or
11    regulation. Authorizes the department to repair and build
      structures when the cost does not exceed $250,000 per
12    structure. Authorizes the department, rather than the
      Division of Consumer Services, to conduct certain
13    investigations of violations of consumer protection laws.
      Provides for qualification of accredited veterinarians to
14    provide official certificates of veterinary inspection.
      Specifies conditions for denial of authority to issue
15    such certificates. Creates the "Humane Slaughter Act,"
      revising various provisions, including definitions,
16    prohibited acts, and penalties, relating to humane
      slaughter and livestock euthanasia. Limits local
17    government regulation relating to the humane care and
      treatment of livestock and poultry. See bill for details.
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