Senate Bill sb1922er

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    2001 Legislature                 CS for SB 1922, 2nd Engrossed



  1

  2         An act relating to agriculture and consumer

  3         services; amending s. 121.0515, F.S., relating

  4         to special risk membership; revising criteria

  5         for firefighters; amending s. 120.80, F.S.;

  6         providing that marketing orders under ch. 527,

  7         F.S., are not rules; amending s. 125.27, F.S.;

  8         authorizing the Department of Agriculture and

  9         Consumer Services to lease or lend equipment to

10         governmental entities that have fire/rescue

11         responsibilities; limiting liability for civil

12         damages resulting from use or possession of

13         such equipment; amending s. 193.461, F.S.;

14         providing that, for purposes of the income

15         methodology approach to such assessment,

16         certain litter containment and animal waste

17         nutrient containment structures shall be

18         considered a part of the average yields per

19         acre and have no separately assessable

20         contributory value; amending s. 201.15, F.S.;

21         authorizing the department to adopt rules

22         regarding the distribution of funds for best

23         management practices; amending s. 316.228,

24         F.S.; revising requirements for lamps on

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

26         redefining the term "goat" to include certain

27         additional farm equipment for purposes of the

28         annual license tax imposed on trucks; amending

29         s. 403.714, F.S.; deleting a requirement that

30         the department coordinate development of

31         uniform product specifications for compost used


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  1         by state agencies; amending s. 487.041, F.S.;

  2         authorizing the department to require and

  3         review data relating to the claims of pesticide

  4         products used as preventive treatment for

  5         termites; authorizing the department to adopt

  6         rules; amending s. 500.09, F.S.; authorizing

  7         fees for certain reinspection of food

  8         establishments; amending s. 500.12, F.S.;

  9         increasing the maximum fee for a food permit;

10         limiting the use of such fees; amending ss.

11         502.012, 502.014, F.S.; revising references

12         relating to the pasteurized milk ordinance and

13         milk sanitation; deleting a requirement that a

14         copy of a federal temporary marketing permit

15         for milk and milk products be forwarded to the

16         department; amending s. 502.053, F.S.;

17         clarifying milk testing requirements; amending

18         s. 502.091, F.S.; authorizing the department to

19         forgo the grading of certain milk products in

20         an emergency; providing for labeling; amending

21         s. 503.041, F.S.; providing that an attempted

22         or purported transfer of a frozen dessert plant

23         license is grounds for its suspension or

24         revocation; repealing ss. 504.21, 504.22,

25         504.23, 504.24, 504.25, 504.26, 504.27, 504.28,

26         504.29, 504.31, 504.32, 504.33, 504.34, 504.35,

27         504.36, F.S.; eliminating the Florida Organic

28         Farming and Food Law; providing an effective

29         date; repealing ss. 536.20, 536.21, 536.22,

30         F.S., relating to timber and lumber; repealing

31         s. 570.381, F.S., relating to Appaloosa racing;


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  1         amending ss. 550.2625, 550.2633, F.S.;

  2         conforming cross-references; amending s.

  3         570.07, F.S.; authorizing the department to

  4         conduct investigations of violations of laws

  5         relating to consumer protection; amending s.

  6         503.071, F.S.; providing for the embargo,

  7         detainment, or destruction of food or food

  8         processing equipment of a frozen dessert

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

10         clarifying powers and duties of the department

11         relating to the development of agribusinesses;

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

13         aquacultural crops eligible for Agricultural

14         Economic Development Program disaster loans;

15         revising loan application requirements;

16         directing the department to establish an

17         agribusiness market development grant program;

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

19         of the Animal Industry Technical Council;

20         amending s. 580.031, F.S.; revising

21         definitions; amending s. 580.051, F.S.;

22         revising label requirements for feed; amending

23         s. 580.065, F.S.; revising feed laboratory

24         procedures; amending s. 580.091, F.S.; removing

25         intent language regarding feed sampling and

26         analysis; amending s. 580.112, F.S.; expanding

27         prohibited acts; amending s. 581.211, F.S.;

28         providing a penalty for violation of rules

29         relating to plant industry; amending s.

30         585.145, F.S.; prescribing requirements with

31         respect to veterinarians who may inspect


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  1         animals for disease; amending s. 585.155, F.S.;

  2         revising vaccination requirements for calves;

  3         amending s. 589.19, F.S.; naming a state

  4         forest; amending s. 616.242, F.S.; providing

  5         additional exemptions from amusement ride

  6         safety standards; amending s. 828.22, F.S.;

  7         creating the "Humane Slaughter Act"; revising

  8         provisions relating to humane slaughter and

  9         livestock euthanasia; amending s. 828.23, F.S.;

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

11         revising provisions relating to prohibited

12         acts; amending s. 828.25, F.S.; revising

13         provisions relating to administration of the

14         act by the department; creating s. 828.251,

15         F.S.; directing the department to make current

16         technical information available to

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

18         providing for humane treatment of nonambulatory

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

20         penalties; amending ss. 427.804, 559.921, F.S.;

21         conforming cross-references; creating s.

22         604.60, F.S.; providing that certain

23         agricultural growers or producers shall have a

24         right to recover damages as a result of willful

25         and knowing damage or destruction of specified

26         agricultural products; providing considerations

27         and limits in award of damages; providing for

28         costs and attorney's fees; amending s. 810.09,

29         F.S.; prohibiting trespass upon specified

30         legally posted agricultural sites; providing a

31         penalty; reenacting ss. 260.0125(5)(b) and


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  1         810.011(5)(b), F.S., to incorporate the

  2         amendment to s. 810.09, F.S., in references

  3         thereto; repealing s. 570.544(10) and (11),

  4         F.S., relating to authority of the Division of

  5         Consumer Services of the department to conduct

  6         investigations of violations of laws relating

  7         to consumer protection; creating s. 373.621,

  8         F.S.; providing consideration for certain

  9         applicants who implement water conservation

10         practices; amending section 601.48, F.S.;

11         eliminating provisions relating to inspection

12         of processed citrus products for grade and

13         subsequent grading and designation thereof;

14         authorizing the Florida Department of Citrus or

15         its successor, to collect dues, contributions,

16         or any other financial payment upon request by

17         and on behalf of any not-for-profit

18         corporation; amending s. 232.246, F.S.;

19         authorizing Agriscience Foundations I to count

20         as a science credit; providing an effective

21         date; abolishing specified authorities and

22         councils advisory to the department; creating

23         s. 570.085, F.S.; creating an agricultural

24         water conservation program within the

25         department; designating the official citrus

26         archive of Florida; providing for severability;

27         requiring the Department of Agriculture and

28         Consumer Services to administer a residential

29         citrus canker compensation program; providing

30         for sources of funds; providing for homeowners

31         to receive compensation for citrus trees


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  1         removed on or after a specified date as part of

  2         a citrus canker eradication program; providing

  3         eligibility criteria for receiving

  4         compensation; specifying the amount of

  5         compensation provided under the program,

  6         subject to availability of funds; requiring

  7         that the department notify homeowners of the

  8         program and develop a dispute-resolution

  9         process; creating the "Rural and Family Lands

10         Protection Act"; defining terms; creating s.

11         570.70, F.S.; providing legislative intent;

12         creating s. 570.71, F.S.; providing for the

13         purchase of rural-lands-protection easements by

14         the Department of Agriculture and Consumer

15         Services; providing criteria; providing for

16         resource conservation agreements and

17         agricultural protection agreements; prescribing

18         allowable land uses; providing for an

19         application process; providing for the sale of

20         an easement; requiring the department to adopt

21         rules; authorizing the use of specified funds;

22         authorizing the removal of property from lists

23         and maps; providing for the deposit of funds;

24         directing the completion of a needs assessment

25         and a report; amending s. 163.3177, F.S.;

26         directing the department to authorize up to

27         five local governments to designate rural land

28         stewardship areas; requiring a written

29         agreement; providing requirements for

30         comprehensive plan amendments for such

31         designations; providing that owners of land


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  1         within such areas may convey development rights

  2         in return for the assignment of transferable

  3         rural land use credits; providing requirements

  4         with respect to such credits; specifying

  5         incentives that should be provided such

  6         landowners; requiring reports; providing

  7         intent; providing effective dates.

  8

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

10

11         Section 1.  Subsection (2) of section 121.0515, Florida

12  Statutes, is amended to read:

13         121.0515  Special risk membership.--

14         (2)  CRITERIA.--A member, to be designated as a special

15  risk member, must meet the following criteria:

16         (a)  The member must be employed as a law enforcement

17  officer and be certified, or required to be certified, in

18  compliance with s. 943.1395; however, sheriffs and elected

19  police chiefs shall be excluded from meeting the certification

20  requirements of this paragraph.  In addition, the member's

21  duties and responsibilities must include the pursuit,

22  apprehension, and arrest of law violators or suspected law

23  violators; or the member must be an active member of a bomb

24  disposal unit whose primary responsibility is the location,

25  handling, and disposal of explosive devices; or the member

26  must be the supervisor or command officer of a member or

27  members who have such responsibilities; provided, however,

28  administrative support personnel, including, but not limited

29  to, those whose primary duties and responsibilities are in

30  accounting, purchasing, legal, and personnel, shall not be

31  included;


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  1         (b)  The member must be employed as a firefighter and

  2  be certified, or required to be certified, in compliance with

  3  s. 633.35 and be employed solely within the fire department of

  4  a local government the employer or an agency of state

  5  government with firefighting responsibilities.  In addition,

  6  the member's duties and responsibilities must include

  7  on-the-scene fighting of fires or direct supervision of

  8  firefighting units or aerial firefighting surveillance

  9  performed by fixed-wing aircraft pilots employed by the

10  Division of Forestry of the Department of Agriculture and

11  Consumer Services, or the member must be the supervisor or

12  command officer of a member or members who have such

13  responsibilities; provided, however, administrative support

14  personnel, including, but not limited to, those whose primary

15  duties and responsibilities are in accounting, purchasing,

16  legal, and personnel, shall not be included;

17         (c)  The member must be employed as a correctional

18  officer and be certified, or required to be certified, in

19  compliance with s. 943.1395.  In addition, the member's

20  primary duties and responsibilities must be the custody, and

21  physical restraint when necessary, of prisoners or inmates

22  within a prison, jail, or other criminal detention facility,

23  or while on work detail outside the facility, or while being

24  transported; or the member must be the supervisor or command

25  officer of a member or members who have such responsibilities;

26  provided, however, administrative support personnel,

27  including, but not limited to, those whose primary duties and

28  responsibilities are in accounting, purchasing, legal, and

29  personnel, shall not be included; however, wardens and

30  assistant wardens, as defined by rule, shall participate in

31  the Special Risk Class;


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  1         (d)  The member must be employed by a licensed Advance

  2  Life Support (ALS) or Basic Life Support (BLS) employer as an

  3  emergency medical technician or a paramedic and be certified

  4  in compliance with s. 401.27.  In addition, the member's

  5  primary duties and responsibilities must include on-the-scene

  6  emergency medical care.  However, administrative support

  7  personnel, including, but not limited to, those whose primary

  8  responsibilities are in accounting, purchasing, legal, and

  9  personnel, shall not be included;

10         (e)  The member must be employed as a community-based

11  correctional probation officer and be certified, or required

12  to be certified, in compliance with s. 943.1395.  In addition,

13  the member's primary duties and responsibilities must be the

14  supervised custody, surveillance, control, investigation, and

15  counseling of assigned inmates, probationers, parolees, or

16  community controllees within the community; or the member must

17  be the supervisor of a member or members who have such

18  responsibilities. Administrative support personnel, including,

19  but not limited to, those whose primary duties and

20  responsibilities are in accounting, purchasing, legal

21  services, and personnel management, shall not be included;

22  however, probation and parole circuit and deputy circuit

23  administrators shall participate in the Special Risk Class; or

24         (f)  The member must be employed in one of the

25  following classes and must spend at least 75 percent of his or

26  her time performing duties which involve contact with patients

27  or inmates in a correctional or forensic facility or

28  institution:

29         1.  Dietitian (class codes 5203 and 5204).

30         2.  Public health nutrition consultant (class code

31  5224).


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  1         3.  Psychological specialist (class codes 5230 and

  2  5231).

  3         4.  Psychologist (class code 5234).

  4         5.  Senior psychologist (class codes 5237 and 5238).

  5         6.  Regional mental health consultant (class code

  6  5240).

  7         7.  Psychological Services Director--DCF (class code

  8  5242).

  9         8.  Pharmacist (class codes 5245 and 5246).

10         9.  Senior pharmacist (class codes 5248 and 5249).

11         10.  Dentist (class code 5266).

12         11.  Senior dentist (class code 5269).

13         12.  Registered nurse (class codes 5290 and 5291).

14         13.  Senior registered nurse (class codes 5292 and

15  5293).

16         14.  Registered nurse specialist (class codes 5294 and

17  5295).

18         15.  Clinical associate (class codes 5298 and 5299).

19         16.  Advanced registered nurse practitioner (class

20  codes 5297 and 5300).

21         17.  Advanced registered nurse practitioner specialist

22  (class codes 5304 and 5305).

23         18.  Registered nurse supervisor (class codes 5306 and

24  5307).

25         19.  Senior registered nurse supervisor (class codes

26  5308 and 5309).

27         20.  Registered nursing consultant (class codes 5312

28  and 5313).

29         21.  Quality management program supervisor (class code

30  5314).

31


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  1         22.  Executive nursing director (class codes 5320 and

  2  5321).

  3         23.  Speech and hearing therapist (class code 5406); or

  4         24.  Pharmacy manager (class code 5251).

  5         Section 2.  Paragraph (a) of subsection (2) of section

  6  120.80, Florida Statutes, is amended to read:

  7         120.80  Exceptions and special requirements;

  8  agencies.--

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

10         (a)  Agricultural Marketing orders under chapter 527,

11  chapter 573, or chapter 601 are not rules.

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

13  Florida Statutes, to read:

14         125.27  Countywide forest fire protection; authority of

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

16  assessments; disposition.--

17         (3)  The Department of Agriculture and Consumer

18  Services may lease, loan, or otherwise make available, without

19  charge, to state, county, and local governmental entities that

20  have fire/rescue responsibilities, new or used fire protection

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

22  items received from public or private entities. The

23  department, and those private or public entities providing at

24  no cost, or de minimus cost, such items for loan or lease

25  through the department, shall not be held liable for civil

26  damages resulting from use or possession of such items.

27  Private or public entities that donate fire/rescue equipment,

28  vehicles, or supplies directly to state, county, or local

29  governmental entities having fire/rescue responsibilities

30  shall not be held liable for civil damages resulting from use

31  or possession of such items.


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  1         Section 4.  Effective January 1, 2002, paragraph (c) of

  2  subsection (6) of section 193.461, Florida Statutes, is

  3  amended to read:

  4         193.461  Agricultural lands; classification and

  5  assessment; mandated eradication or quarantine program.--

  6         (6)

  7         (c)1.  For purposes of the income methodology approach

  8  to assessment of property used for agricultural purposes,

  9  irrigation systems, including pumps and motors, physically

10  attached to the land shall be considered a part of the average

11  yields per acre and shall have no separately assessable

12  contributory value.

13         2.  Litter containment structures located on producing

14  poultry farms and animal waste nutrient containment structures

15  located on producing dairy farms shall be assessed by the

16  methodology described in subparagraph 1.

17         Section 5.  Subsection (8) of section 201.15, Florida

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

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

20         201.15  Distribution of taxes collected.--All taxes

21  collected under this chapter shall be distributed as follows

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

23  215.20(1), except that such service charge shall not be levied

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

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

26  required to pay any amounts relating to the bonds:

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

28  collected under this chapter shall be paid into the State

29  Treasury and divided equally to the credit of the Department

30  of Environmental Protection Water Quality Assurance Trust Fund

31  to address water quality impacts associated with


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  1  nonagricultural nonpoint sources and to the credit of the

  2  Department of Agriculture and Consumer Services General

  3  Inspection Trust Fund to address water quality impacts

  4  associated with agricultural nonpoint sources, respectively.

  5  These funds shall be used for research, development,

  6  demonstration, and implementation of suitable best management

  7  practices or other measures used to achieve water quality

  8  standards in surface waters and water segments identified

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

10  92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best

11  management practices and other measures may include cost-share

12  grants, technical assistance, implementation tracking, and

13  conservation leases or other agreements for water quality

14  improvement. The Department of Environmental Protection and

15  the Department of Agriculture and Consumer Services may adopt

16  rules governing the distribution of funds for implementation

17  of best management practices. The unobligated balance of funds

18  received from the distribution of taxes collected under this

19  chapter to address water quality impacts associated with

20  nonagricultural nonpoint sources will be excluded when

21  calculating the unobligated balance of the Water Quality

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

23  applicable excise tax rate.

24         Section 6.  Subsection (2) of section 316.228, Florida

25  Statutes, is amended to read:

26         316.228  Lamps or flags on projecting load.--

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

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

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

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

31  such vehicle must have securely fixed as close as practical to


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  1  the end of any such projection one amber strobe-type lamp

  2  equipped with a multidirectional type lens so mounted as to be

  3  visible from the rear and both sides of the projecting load.

  4  If the mounting of one strobe lamp cannot be accomplished so

  5  that it is visible from the rear and both sides of the

  6  projecting load, multiple strobe lights must be used to meet

  7  the visibility requirements of this subsection. The strobe

  8  lamp must flash at a rate of at least 60 flashes per minute

  9  and must be plainly visible from a distance of at least 500

10  feet to the rear and sides of the projecting load at any time

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

12  the day or night when the vehicle is operated on any highway

13  or parked on the shoulder or immediately adjacent to the

14  traveled portion of any public roadway.  The projecting load

15  must also be marked with a red flag as described in subsection

16  (1).

17         Section 7.  Paragraph (d) of subsection (3) of section

18  320.08, Florida Statutes, is amended to read:

19         320.08  License taxes.--Except as otherwise provided

20  herein, there are hereby levied and imposed annual license

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

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

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

24  the department or its agent upon the registration or renewal

25  of registration of the following:

26         (3)  TRUCKS.--

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

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

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

30  such harvesting operations, and which is not principally

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


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  1  a motor vehicle designed, constructed, and used principally

  2  for the transportation of citrus fruit within citrus groves or

  3  for the transportation of crops on farms, and which can also

  4  be used for the hauling of associated equipment or supplies,

  5  including required sanitary equipment, and the towing of farm

  6  trailers.

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

  8  Statutes, is amended to read:

  9         403.714  Duties of state agencies.--

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

11  the Department of Transportation, the department, and the

12  Department of Management Services and local governments, are

13  required to procure compost products when they can be

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

15  products, provided the compost products meet all applicable

16  state standards, specifications, and regulations. The

17  Department of Agriculture and Consumer Services shall

18  coordinate the development of uniform product specifications

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

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

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

22  planting projects, recultivation and erosion control programs,

23  and other projects. The Department of Agriculture and Consumer

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

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

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

27  person contracting with such agency with respect to work

28  performed under contract. Such summary shall describe the use

29  of compost products in relation to similar products such as

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

31  Department of Agriculture and Consumer Services shall


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  1  establish a work group of state agency and local government

  2  personnel to design an appropriate reporting mechanism. The

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

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

  5         Section 9.  Paragraph (e) is added to subsection (4) of

  6  section 487.041, Florida Statutes, to read:

  7         487.041  Registration.--

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

  9  under this section, has the power to:

10         (e)  Require data demonstrating the efficacy of

11  pesticide products containing label statements that include

12  directions for use as preventive treatments for termites for

13  new construction. The department shall review the data and

14  determine if the data supports label claims of termite

15  prevention or protection from termite damage. Label claims for

16  protection from damage must be supported by data that shows

17  the product will prevent damage to a structure and its

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

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

20  cannot be registered or reregistered. The department shall

21  adopt rules specifying performance standards and acceptable

22  test conditions for data submitted in support of an efficacy

23  claim, or may reference such performance standards and test

24  conditions established by the United States Environmental

25  Protection Agency.

26         Section 10.  Subsection (7) of section 500.09, Florida

27  Statutes, is amended to read:

28         500.09  Rulemaking; analytical work.--

29         (7)  The department may establish and collect

30  reasonable fees for laboratory services performed pursuant to

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


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  1  a food establishment when the reinspection is conducted for

  2  the purpose of verifying compliance with the provisions of

  3  this chapter or rules promulgated thereunder. Such fees shall

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

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

  6  services provided.

  7         Section 11.  Paragraph (b) of subsection (1) of section

  8  500.12, Florida Statutes, is amended to read:

  9         500.12  Food permits; building permits.--

10         (1)

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

12  department must be accompanied by a fee in an amount

13  determined by department rule, which may not exceed $500 and

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

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

16  application for a food permit for operating a bottled water

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

18  application for a food permit for operating a packaged ice

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

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

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

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

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

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

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

26  department may issue the food permit. The moneys collected

27  shall be deposited in the General Inspection Trust Fund.

28         Section 12.  Subsection (15) of section 502.012,

29  Florida Statutes, is amended to read:

30         502.012  Definitions.--The following definitions shall

31  apply in the interpretation and enforcement of this law:


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

  2  Pasteurized Milk Ordinance, 1993 Recommendations of United

  3  States Public Health Service/Food and Drug Administration

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

  5  as adopted by department rule.

  6         Section 13.  Paragraph (b) of subsection (2) and

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

  8  amended to read:

  9         502.014  Powers and duties.--

10         (2)

11         (b)  The department shall designate employees who shall

12  be certified by the United States Food and Drug Administration

13  as state milk sanitation rating officers, sampling

14  surveillance officers, and laboratory evaluation officers in

15  accordance with the requirements published in "Methods of

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

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

18  "Procedures Governing the Cooperative State-Public Health

19  Service/Food and Drug Administration Program for Certification

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

21  adopted by department rule. These officers shall conduct

22  routine sanitation compliance survey ratings of milk

23  producers, milk plants, laboratories, receiving stations,

24  transfer stations, and manufacturers of single-service

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

26  made in accordance with the recommendations of the United

27  States Food and Drug Administration published in Standard

28  Methods for the Examination of Dairy Products.

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

30  permit from the United States Food and Drug Administration for

31  milk and milk products that do not conform to existing


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  1  standards and definitions shall immediately forward a copy of

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

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

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

  5  interest of the state to do so.

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

  7  issuance of a state temporary marketing permit for milk and

  8  milk products that do not conform to existing standards and

  9  definitions.

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

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

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

13  shall cover all costs of issuing the state permit or

14  processing the federal permit.

15         Section 14.  Paragraph (c) of subsection (2) of section

16  502.053, Florida Statutes, is amended to read:

17         502.053  Permits; requirements; exemptions; temporary

18  permits.--

19         (2)  REQUIREMENTS.--

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

21  of the pasteurized milk ordinance and its appendices, each

22  milk plant operator in the state shall be responsible for

23  routine testing and inspection of raw milk shipped from

24  outside the state prior to processing and shall notify the

25  department when such testing and inspection indicates a

26  violation of the standards contained in the pasteurized milk

27  ordinance.

28         Section 15.  Paragraph (a) of subsection (1) of section

29  502.091, Florida Statutes, is amended to read:

30         502.091  Milk and milk products which may be sold.--

31


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

  2  certified pasteurized milk shall be sold to the final consumer

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

  4  establishments.

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

  6  authorize the sale of reconstituted pasteurized milk products,

  7  or pasteurized milk and milk products that which have not been

  8  graded, or the grade of that which is unknown, in which case

  9  such milk and milk products shall be appropriately labeled, as

10  determined by the department. "ungraded."

11         Section 16.  Subsection (1) of section 503.041, Florida

12  Statutes, is amended to read:

13         503.041  License fee; report required; penalty.--

14         (1)  Each frozen dessert plant that manufactures frozen

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

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

17  license. Any attempted or purported transfer of such license

18  is grounds for suspension or revocation of the license.

19         Section 17.  Sections 504.21, 504.22, 504.23, 504.24,

20  504.25, 504.26, 504.27, 504.28, 504.29, 504.31, 504.32,

21  504.33, 504.34, 504.35, 504.36, Florida Statutes, are

22  repealed. This section shall take effect December 31, 2002.

23         Section 18.  Sections 536.20, 536.21, and 536.22,

24  Florida Statutes, are repealed.

25         Section 19.  Section 570.381, Florida Statutes, is

26  repealed.

27         Section 20.  Subsection (7) of section 550.2625,

28  Florida Statutes, is amended to read:

29         550.2625  Horseracing; minimum purse requirement,

30  Florida breeders' and owners' awards.--

31         (7)


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  1         (b)  The division shall deposit these collections to

  2  the credit of the Florida Quarter Horse Racing Promotion Trust

  3  Fund in a special account to be known as the "Florida

  4  Appaloosa Racing Promotion Fund."  The Department of

  5  Agriculture and Consumer Services shall administer the funds

  6  and adopt suitable and reasonable rules for the administration

  7  thereof.  The moneys in the Florida Appaloosa Racing Promotion

  8  Fund shall be allocated solely for supplementing and

  9  augmenting purses and prizes and for the general promotion of

10  owning and breeding of racing Appaloosas in this state; and

11  such moneys may not be used to defray any expense of the

12  Department of Agriculture and Consumer Services in the

13  administration of this chapter, except that the moneys

14  generated by Appaloosa registration fees received pursuant to

15  s. 570.381 may be used as provided in paragraph (5)(b) of that

16  section.

17         Section 21.  Subsection (2) of section 550.2633,

18  Florida Statutes, is amended to read:

19         550.2633  Horseracing; distribution of abandoned

20  interest in or contributions to pari-mutuel pools.--

21         (2)  All moneys or other property which has escheated

22  to and become the property of the state as provided herein and

23  which is held by a permitholder authorized to conduct

24  pari-mutuel pools in this state shall be paid annually by the

25  permitholder to the recipient designated in this subsection

26  within 60 days after the close of the race meeting of the

27  permitholder.  Section 550.1645 notwithstanding, such moneys

28  shall be paid by the permitholder as follows:

29         (a)  Funds from any harness horse races shall be paid

30  to the Florida Standardbred Breeders and Owners Association

31  and shall be used for the payment of breeders' awards,


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  1  stallion awards, stallion stakes, additional purses, and

  2  prizes for, and for the general promotion of owning and

  3  breeding of, Florida-bred standardbred horses, as provided for

  4  in s. 550.2625.

  5         (b)  Except as provided in paragraph paragraphs (c) and

  6  (d), funds from quarter horse races shall be paid to the

  7  Florida Quarter Horse Breeders and Owners Association and

  8  shall be allocated solely for supplementing and augmenting

  9  purses and prizes and for the general promotion of owning and

10  breeding of racing quarter horses in this state, as provided

11  for in s. 550.2625.

12         (c)  Funds for Appaloosa races conducted under a

13  quarter horse racing permit shall be deposited into the

14  Florida Quarter Horse Racing Promotion Trust Fund in a special

15  account to be known as the "Florida Appaloosa Racing Promotion

16  Fund" and shall be used for the payment of breeders' awards

17  and stallion awards as provided for in s. 570.381.

18         (c)(d)  Funds for Arabian horse races conducted under a

19  quarter horse racing permit shall be deposited into the

20  Florida Quarter Horse Racing Promotion Trust Fund in a special

21  account to be known as the "Florida Arabian Horse Racing

22  Promotion Fund" and shall be used for the payment of breeders'

23  awards and stallion awards as provided for in s. 570.382.

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

25  to section 570.07, Florida Statutes, to read:

26         570.07  Department of Agriculture and Consumer

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

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

29         (36)  If the department, by its own inquiry or as a

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

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


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  1  occurred or is occurring, to conduct an investigation,

  2  subpoena witnesses and evidence, and administer oaths and

  3  affirmations. If, as a result of the investigation, the

  4  department has reason to believe a violation of chapter 501

  5  has occurred, the department with the coordination of the

  6  Department of Legal Affairs and any state attorney, if the

  7  violation has occurred or is occurring within her or his

  8  judicial circuit, shall have the authority to bring an action

  9  in accordance with the provisions of chapter 501.

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

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

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

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

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

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

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

17  commence legal proceedings in circuit court to enjoin the act

18  or practice or the sale of the product or service and may seek

19  appropriate relief on behalf of consumers. Upon application by

20  the department, a hearing shall be held within 3 days after

21  the commencement of the proceedings.

22         (38)  To repair or build structures, from existing

23  appropriations authority, notwithstanding chapters 216 and

24  255, not to exceed a cost of $250,000 per structure.  These

25  structures must meet all applicable building codes.

26         Section 23.  Subsection (6) is added to section

27  503.071, Florida Statutes, to read:

28         503.071  Penalty, injunction, and administrative

29  fines.--

30         (6)  Frozen dessert manufacturers are subject to the

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


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

  2  the provisions of this section.

  3         Section 24.  Subsection (4) of section 570.244, Florida

  4  Statutes, is amended to read:

  5         570.244  Department of Agriculture and Consumer

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

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

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

  9  the power and duty to:

10         (4)  Facilitate economic growth through the development

11  of new agribusinesses such as value-added processing plants

12  and associated enterprises using raw products which are

13  produced in the state.

14         Section 25.  Effective upon this act becoming a law,

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

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

17  (7) is added to that section, to read:

18         570.249  Agricultural Economic Development Program

19  disaster loans and grants and aid.--

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

21  loan program include:

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

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

24  cultivation and harvesting, ornamental fish farming, and

25  commercial fishing; aquacultural, floricultural, or ornamental

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

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

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

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

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

31  natural disaster or socioeconomic condition or event occurs or


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

  2  citizen of the United States and, a bona fide resident of the

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

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

  5  value of any residential homestead owned by the applicant must

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

  7  applicant must also demonstrate the need for economic

  8  assistance, be worthy of credit according to standards

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

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

11  the ability to repay the loan.

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

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

14  property or product acquired, produced, or refinanced with

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

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

17  particular circumstances of the applicant.

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

19  grant program to provide aid to agribusinesses to assist in

20  market development.

21         Section 26.  Subsection (1) of section 570.38, Florida

22  Statutes, is amended to read:

23         570.38  Animal Industry Technical Council.--

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

25  Council is hereby created in the department and shall be

26  composed of 14 11 members as follows:

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

28  agricultural markets, meat processing and packing

29  establishments, veterinary medicine, and poultry

30  representatives who serve on the State Agricultural Advisory

31  Council and three additional representatives from the beef


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

  2  representing other animal industries in the state, who shall

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

  4  their successors are duly qualified and appointed.

  5         (b)  Each additional beef cattle representative shall

  6  be appointed subject to the qualifications and by the

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

  8  council by the beef cattle representative.  If a vacancy

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

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

11  appointment.

12         Section 27.  Section 580.031, Florida Statutes, is

13  amended to read:

14         580.031  Definitions of words and terms.--As used in

15  this chapter, the term:

16         (1)  "Brand name" means any word, name, symbol, or

17  device, or combination thereof, identifying the commercial

18  feed of a distributor and distinguishing it from the

19  commercial feed of others.

20         (2)  "Commercial feed" means all materials or

21  combinations of materials that are distributed or intended to

22  be distributed for use as feed or for mixing in a feed for

23  animals other than humans, except:

24         (a)  Unmixed whole seeds, including physically altered

25  entire unmixed seeds, when such seeds are not chemically

26  changed or are not adulterated within the meaning of s.

27  580.071.

28         (b)  Unground hay, straw, stover, silage, cobs, husks,

29  and hulls, and individual chemical compounds or substances,

30  when such commodities, compounds, or substances are unmixed

31


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  1  with other substances and are not adulterated within the

  2  meaning of s. 580.071.

  3         (c)  Feed mixed by the consumer for the consumer's own

  4  use made entirely or in part from products raised on the

  5  consumer's farm, except as is provided by rules of the

  6  department.

  7         (d)  Any material or combination of materials that is

  8  distributed for use as feed for domestic pets such as but not

  9  limited to: dogs, cats, gerbils, hamsters, birds, fish,

10  reptiles, and amphibians.

11         (3)  "Consumer" or "customer" means the person who

12  purchases or receives commercial feed or feedstuff for feeding

13  to animals.

14         (4)  "Cooperative" means any corporation organized

15  under the provisions of chapter 618 or chapter 619 for the

16  mutual benefit of its members who are producers of milk, and

17  which sells, distributes, or provides feed for dairy cows or

18  feed ingredients for such feed only to its members.

19         (5)  "Customer-formula feed" means a commercial feed

20  consisting of a mixture of commercial feeds or feed

21  ingredients, each batch of which is manufactured according to

22  the specific instructions of the final customer, is

23  distributed only to that customer, and is not redistributed.

24         (6)  "Department" means the Department of Agriculture

25  and Consumer Services.

26         (7)  "Distribute" means to offer for sale, sell,

27  barter, or exchange commercial feed or feedstuff or to supply,

28  furnish, or otherwise provide commercial feed or feedstuff for

29  use by any consumer or customer in the state.

30         (8)  "Distributor" means any person who distributes

31  commercial feed or feedstuff. It does not include persons who


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  1  sell brand name feed at retail on behalf of a registrant who

  2  manufactures such feed.

  3         (9)  "Drug" means any article intended for use in the

  4  diagnosis, cure, mitigation, treatment, or prevention of

  5  disease in animals other than humans and articles other than

  6  feed intended to affect the structure or any function of the

  7  animal body.

  8         (10)  "Feedstuff" means edible materials, other than

  9  commercial feed, which are distributed for animal consumption

10  and which contribute energy or nutrients, or both, to an

11  animal diet. The term includes ingredients as defined in this

12  section. The term does not include any material or combination

13  of materials that is distributed for use as feed for domestic

14  pets such as but not limited to: dogs, cats, gerbils,

15  hamsters, birds, fish, reptiles, and amphibians.

16         (11)  "Good management practices" means procedures for

17  manufacture, distribution, transportation, sampling,

18  inspection, and analysis of feed which are designed to prevent

19  contamination of the feed by toxins, drugs, bacteria, or other

20  harmful substances.

21         (12)  "Hazard-analysis critical-control-point program"

22  means the identification of points in the manufacture,

23  distribution, transportation, sampling, inspection, and

24  analysis of feed at which there is a risk of contamination

25  that could be harmful to humans and other animals and the

26  identification of methods of preventing contamination at these

27  points.

28         (13)  "Ingredient" means each of the constituent

29  materials used to make a commercial feed.

30         (14)  "Integrated poultry operation" means a business

31  enterprise that owns all stages of poultry production and


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  1  manufactures and distributes commercial feed or feedstuff for

  2  consumption by animals owned by the business enterprise. An

  3  integrated poultry operation does not sell feed commercially.

  4         (15)  "Label" means a display of written, printed, or

  5  graphic matter upon or affixed to the container in which a

  6  product is distributed, or on the invoice accompanying the

  7  product.

  8         (16)  "Labeling" means all labels and other written,

  9  printed, or graphic matter upon an article or any of its

10  containers or wrappers, or accompanying commercial feed or

11  feedstuff.

12         (17)  "Manufacture" means the grinding, mixing, or

13  blending, or further processing, of a commercial feed for

14  distribution.

15         (18)  "Medicated feed" means a commercial feed or

16  customer-formula feed that contains a drug.

17         (19)  "Member of a cooperative" means, in the case of a

18  stock association, the owner of at least one share of voting

19  stock, and, in the case of a nonstock association, a person

20  who has been issued a membership certificate upon the payment

21  of a membership fee of at least $1,000, or who has an

22  outstanding obligation of not less than $1,000 owed to the

23  member by the cooperative in accordance with the bylaws of the

24  cooperative, and who is entitled to voting powers within the

25  cooperative.

26         (20)  "Percent" or "percentage" means percentage by

27  weight.

28         (21)  "Product name" means the name of the commercial

29  feed which identifies it as to kind, class, or specific use.

30         (22)  "Quality-assurance/quality-control plan" means a

31  system of activities designed to provide assurance that the


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  1  commercial feed or feedstuff meets defined standards of

  2  quality and to provide control of the quality of the

  3  commercial feed or feedstuff.

  4         (23)  "Registrant" means any person issued a master

  5  registration by the department.

  6         (24)  "Ton" means a net weight of 2,000 pounds

  7  avoirdupois.

  8

  9  Except as provided by law or rule, all terms used in

10  connection with commercial feed or feedstuff have the meanings

11  ascribed to them by the Association of American Feed Control

12  Officials.

13         Section 28.  Section 580.051, Florida Statutes, is

14  amended to read:

15         580.051  Labels; requirements; penalty.--

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

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

18  integrated poultry operation or by a cooperative to its

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

20  information required by the federal Food and Drug

21  Administration and the following information:

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

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

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

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

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

27  the commercial feed contains a drug.

28         1.  The department may require feeding directions and

29  precautionary statements to be placed on the label for the

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

31  necessary.


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

  2  following:

  3         a.  Any feeding directions prescribed by the department

  4  to ensure safe usage.

  5         b.  The stated purpose of the medication contained in

  6  the feed as stated in the claim statement.

  7         c.  The established name of each active drug

  8  ingredient.

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

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

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

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

13  require.

14         (e)  The guaranteed analysis stated in terms that

15  advise the consumer of the composition of the feed or

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

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

18  be determinable by laboratory methods approved by the

19  department.

20         1.  The guaranteed analysis, listing the minimum

21  percentage of crude protein, minimum percentage of crude fat,

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

23  percent mineral ingredients are present, the minimum or

24  maximum percentages of mineral elements or compounds as

25  provided by rule.

26         2.  Vitamin ingredients, when guaranteed, shall be

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

28  the list shall include the following: maximum or minimum

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

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

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


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

  2  constituents are declared. All mixtures that contain mineral

  3  or vitamin ingredients generally regarded as dietary factors

  4  essential for the normal nutrition of animals and that are

  5  sold or represented for the primary purpose of supplying these

  6  minerals or vitamins as additions to rations in which these

  7  same mineral or vitamin factors may be deficient shall be

  8  classified as mineral or vitamin supplements. Products sold

  9  solely as mineral or vitamin supplements and guaranteed as

10  specified in this section need not show guarantees for

11  protein, fat, and fiber.

12         3.  Other nutritional substances or elements

13  determinable by laboratory methods may be guaranteed by

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

15  department as may be provided by rule.

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

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

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

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

20  which perform a similar nutritional function.

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

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

23  bearing all information required by the federal Food and Drug

24  Administration and the following:

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

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

27  feed.

28         (c)  The date of delivery.

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

30  feed and each other ingredient used in the mixture.

31


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  1         (e)  Adequate directions and precautionary statements

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

  3  that is medicated.

  4         (3)  Feed distributed by an integrated poultry

  5  operation or by a cooperative to its members shall be

  6  accompanied by a legible label bearing information required by

  7  the federal Food and Drug Administration.

  8         (4)(3)  When a commercial feed is distributed in this

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

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

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

12  furnished to the customer at time of delivery.

13         (5)(4)  The amount of $100 shall be paid to the

14  department as penalty for the distribution of any commercial

15  feed that is not accompanied with the label required under

16  this chapter. The proceeds from any such penalty payments

17  shall be deposited by the department in the General Inspection

18  Trust Fund.

19         Section 29.  Subsections (1), (2), and (3) of section

20  580.065, Florida Statutes, are amended to read:

21         580.065  Laboratory certifications; application; fees;

22  requirements; reporting; refusal or cancellation of

23  certification.--

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

25  standards that a laboratory must meet to become certified in

26  any of the following areas of testing:

27         1.  Nutrient.

28         2.  Mycotoxins.

29         3.  Microbiological organisms.

30         4.  Pesticide residues.

31         5.  Drugs Drug residues.


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

  2  published by the Association of Official Analytical Chemists,

  3  the United States Environmental Protection Agency, the United

  4  States Food and Drug Administration, or other generally

  5  recognized authorities in developing the standards for these

  6  laboratory certifications.

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

  8  department in any of the testing categories must complete and

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

10  fee for each of the desired certifications. A single

11  application may be used to apply for more than one

12  certification. The department shall furnish the application

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

14  laboratory will comply with all provisions of this chapter and

15  applicable rules. The registration form shall identify the

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

17  business, the location of the laboratory, and other

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

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

20  an authorized officer or agent, if a corporation.

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

22  certification granted to the laboratory to signify that

23  administrative requirements have been met.

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

25  testing must renew each certification annually. Renewal must

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

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

28  The laboratory must complete and return the renewal form with

29  the appropriate fee for the desired annual certification as

30  indicated on the form. Failure to timely renew certification

31  shall result in the expiration of the certification on the


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

  2  expiration date on the certificate shall be accompanied by a

  3  $50 late charge. Any renewal received 30 days or more beyond

  4  the expiration date on the certificate shall be returned to

  5  the laboratory, and the laboratory shall apply to the

  6  department as if it were the initial application for

  7  certification.

  8         (d)  Certification shall be conditioned on the

  9  laboratory's compliance with all provisions of this chapter

10  and rules thereof, including:

11         1.  Submitting quarterly reports to the department

12  containing the results of the commercial feed and feedstuff

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

14  results of each sample submitted for analysis by each

15  registrant, the registration number of the registrant

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

17  any additional information the department may require by rule.

18         2.  Reporting immediately to the department each sample

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

20  chapter and in the rules thereof.

21         3.  Participating in the quarterly check-sample program

22  administered by the department, when required.

23         4.  Maintaining a bookkeeping system and records that

24  will allow the department to verify the accuracy of the

25  reports required in this chapter and to examine such records

26  at reasonable times.

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

28  subsection may result in the suspension or revocation of one

29  or more of the laboratory's testing certifications.

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

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


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

  2  acceptable variation established by rule for each check-sample

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

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

  5  required to process additional check samples during the

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

  7  the laboratory's check samples are outside the acceptable

  8  variation level during the probationary period, that test

  9  category certification shall be revoked and the laboratory may

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

11  the date of the revocation.

12         Section 30.  Section 580.091, Florida Statutes, is

13  amended to read:

14         580.091  Inspection; sampling; analysis; exemption.--

15         (1)(a)  The department may inspect, sample, or analyze

16  commercial feed and feedstuff to ascertain compliance with

17  this chapter and rules adopted pursuant to this chapter.

18         (b)  The department is authorized to enter upon any

19  public or business premises and any transport vehicle during

20  regular business hours in order to have access to commercial

21  feed or feedstuff and records relating to its origin,

22  transport, manufacture, distribution, and sale.

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

24  and feed ingredients tested by a laboratory that has been

25  certified by the department or must be exempt from the

26  certified laboratory testing requirements, as provided in this

27  chapter, to ensure that all commercial feed and feedstuff

28  comply with the provisions of this chapter. The sampling

29  frequency and analysis requirements shall be determined by

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

31  horse, swine, and other agriculture feed.


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  1         (a)  Unless otherwise provided in this chapter, the

  2  department shall not require distributors of 300 tons or less

  3  of poultry, dairy cow, beef cattle, horse, swine, or other

  4  agriculture feed per year to submit more than one sample of

  5  each such feed per year for analysis.

  6         (b)  If a registrant distributes more than one type of

  7  commercial feed, the sampling requirement for mycotoxins shall

  8  be determined by the combined tonnage of feed distributed by

  9  that registrant and shall be the most stringent of the

10  sampling requirements for the types of feed distributed.

11         (c)  Integrated poultry operations and cooperatives

12  shall not be required to submit their feed samples for

13  nutrient analysis. However, poultry and dairy feed sold by

14  enterprises other than integrated poultry operations or

15  cooperatives shall be subject to nutrient analysis as required

16  by the department.

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

18  department not require sampling and analysis any more rigorous

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

20  Laboratory Quarterly Reports or official department records.

21         (d)(e)  Notwithstanding provisions to the contrary in

22  this subsection, if the department finds that circumstances

23  exist which threaten the health of commercial livestock or the

24  public, the department may require more frequent analysis of

25  feed. In such case, the department must notify affected

26  registrants of the need for additional analysis and the

27  estimated time period for which the analysis will be required

28  to protect animal or public health.

29         (e)(f)  The department shall work with registrants in

30  the feed industry to develop a system of reporting commercial

31  feed or feedstuff that has been rejected due to adulteration.


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  1         (3)  The department shall encourage the use of good

  2  management practices and hazard-analysis

  3  critical-control-point programs in the manufacture,

  4  distribution, transportation, sampling, inspection, and

  5  analysis of commercial feed and feedstuff.

  6         (a)  If critical control points have been identified

  7  and good management practices have been implemented, the

  8  department shall conduct an onsite evaluation of the program

  9  to ensure the application of the established program.

10  Registrants demonstrating adequate control of feed

11  manufacture, distribution, transportation, and sampling

12  processes and infrequent adulteration or other violations

13  shall be subject to reduced sampling frequencies and analysis

14  requirements that the department shall establish by rule.

15         (b)  The department may require periodic reports to

16  document the continued and appropriate use of good management

17  practices and hazard analysis of critical control points. The

18  department shall work with the industry in determining the

19  appropriate level of such reporting.

20         (4)  Sampling and analysis must be conducted in

21  accordance with methods published by the Association of

22  Official Analytical Chemists, the United States Environmental

23  Protection Agency, the United States Food and Drug

24  Administration, or other generally recognized authorities. In

25  any instance where methods do not exist, the department shall

26  adopt by rule the methods that are to be official in this

27  state.

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

29  certified laboratory testing requirements by submitting its

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

31  testing protocols, to the department for review and approval


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  1  or disapproval. The department shall furnish the form for

  2  requesting the exemption, which form shall require the

  3  registrant to comply with all applicable provisions of this

  4  chapter and related rules.

  5         (a)  Upon approval of a registrant's

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

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

  8  compliance with the plan and the testing protocols submitted.

  9  The department shall send the registrant a letter of exemption

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

11  compliance with the material submitted and with this chapter.

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

13  plan laboratory facility shall be subject to evaluation every

14  3 years. Application for renewal must be submitted on a form

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

16  expiration date of the current approval letter. Any renewal

17  application received after the expiration date on the approval

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

19  timely renew certification shall result in the expiration of

20  the approval and imposition of the requirement to have all

21  feed samples tested by a department-certified laboratory.

22         (c)  The department shall charge a fee for any

23  evaluation, in an amount to cover the direct and indirect

24  costs associated with such evaluation and approval.

25         (d)  Registrants with approved programs must comply

26  with all applicable provisions of this chapter and rules,

27  including:

28         1.  Maintaining records of all laboratory test results

29  for 3 years or as required by federal regulation, whichever is

30  longer.

31


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  1         2.  Allowing department personnel access to records and

  2  laboratory facilities during reasonable hours for inspection

  3  purposes.

  4         3.  Providing to the department the results of any

  5  check-sample program the registrant may be using.

  6         Section 31.  Subsection (14) is added to section

  7  580.112, Florida Statutes, to read:

  8         580.112  Certain acts prohibited.--The following acts,

  9  or the causing thereof knowingly, within the state are

10  prohibited:

11         (14)  The distribution of a feed or feedstuff which is

12  prohibited by the federal law or regulation.

13         Section 32.  Paragraph (a) of subsection (1) of section

14  581.211, Florida Statutes, is amended to read:

15         581.211  Penalties for violations.--

16         (1)  Any person who:

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

18  rules adopted under this chapter;

19

20  commits a misdemeanor of the first degree, punishable as

21  provided in s. 775.082 or s. 775.083.

22         Section 33.  Subsection (4) is added to section

23  585.145, Florida Statutes, to read:

24         585.145  Control of animal diseases.--

25         (4)  Official certificates of veterinary inspection may

26  be completed only by a veterinarian accredited under the

27  National Veterinary Accreditation Program. The department may,

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

29  issue health certificates for the importation, movement, or

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

31  required by this section for one of the following causes;


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

  2  practice veterinary medicine in the state;

  3         (b)  Forging, counterfeiting, altering, or

  4  misrepresenting an official certificate of veterinary

  5  inspection; or

  6         (c)  Failure to report, or the negligent handling of,

  7  any reportable disease.

  8         Section 34.  Paragraphs (a), (c), and (d) of subsection

  9  (2) of section 585.155, Florida Statutes, are amended to read:

10         585.155  Whole-herd and calf vaccination.--

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

12  abortus vaccine shall be permanently identified at the time of

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

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

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

16  followed by the last numeral of the year.

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

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

19         (c)(d)  Duplicate reports covering these vaccinations

20  shall be immediately furnished to the department and shall

21  constitute the official record of vaccination.

22         Section 35.  Section 589.19, Florida Statutes, is

23  amended to read:

24         589.19  Creation of certain state forests; naming of

25  certain state forests.--

26         (1)  When the Board of Trustees of the Internal

27  Improvement Trust Fund, any state agency, or any agency

28  created by state law, authorized to accept reforestation lands

29  in the name of the state, approve the recommendations of the

30  Division of Forestry in reference to the acquisition of land

31  and acquire such land, the said board, state agency, or agency


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  1  created by state law, may formally designate and dedicate any

  2  area as a reforestation project, or state forest, and where so

  3  designated and dedicated such area shall be under the

  4  administration of the division which shall be authorized to

  5  manage and administer said area according to the purpose for

  6  which it was designated and dedicated.

  7         (2)  The first state forest acquired by the Board of

  8  Trustees of the Internal Improvement Trust Fund in Baker

  9  County is to be named the John M. Bethea State Forest.  This

10  is to honor Mr. John M. Bethea who was Florida's fourth state

11  forester and whose distinguished career in state government

12  spanned 46 years and who is a native of Baker County.

13         Section 36.  Paragraph (a) of subsection (10) of

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

15         616.242  Safety standards for amusement rides.--

16         (10)  EXEMPTIONS.--

17         (a)  This section does not apply to:

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

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

20  safety inspectors. Furthermore, the permanent facilities must

21  file an affidavit of the annual inspection with the

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

23  Additionally, the Department of Agriculture and Consumer

24  Services may consult annually with the permanent facilities

25  regarding industry safety programs.

26         2.  Any playground operated by a school, local

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

28  playground is an incidental amenity and the operating entity

29  is not primarily engaged in providing amusement, pleasure,

30  thrills, or excitement.

31


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  1         3.  Museums or other institutions principally devoted

  2  to the exhibition of products of agriculture, industry,

  3  education, science, religion, or the arts.

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

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

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

  7  amusement rides is limited to the registered attendees of the

  8  convention or trade show.

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

10  games, bowling alleys, miniature golf courses, mechanical

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

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

13  airplanes, parasails, hot air or helium balloons whether

14  tethered or untethered, theatres, batting cages, stationary

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

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

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

18  participation is not open to the public.

19         7.  Nonmotorized playground equipment that is not

20  required to have a manager.

21         8.  Coin-actuated amusement rides designed to be

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

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

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

25  less.

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

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

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

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

30  and that cannot exceed a speed of 4 miles per hour.

31


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  1         11.  Mechanically driven vehicles that pull train cars,

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

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

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

  5  per hour.

  6         Section 37.  Section 828.22, Florida Statutes, is

  7  amended to read:

  8         828.22  Humane Slaughter Act; humane slaughter and

  9  livestock euthanasia; requirements requirement.--

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

11  Slaughter Act."

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

13  use of humane methods in the killing slaughter of livestock

14  prevents needless suffering, results in safer and better

15  working conditions for persons engaged in the slaughtering

16  industry or other livestock operations, brings about

17  improvement of products and economy in slaughtering or other

18  livestock operations, and produces other benefits for

19  producers, processors, and consumers which tend to expedite

20  the orderly flow of livestock and their products.

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

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

23  the handling of livestock in connection with slaughter shall

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

25  methods of slaughter shall conform generally to those employed

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

27  to those authorized by the Federal Humane Slaughter Act of

28  1958, and regulations thereunder.

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

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

31  religious freedom of any person or group.  Notwithstanding any


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

  2  protect freedom of religion, ritual slaughter and the handling

  3  or other preparation of livestock for ritual slaughter are

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

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

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

  7         Section 38.  Section 828.23, Florida Statutes, is

  8  amended to read:

  9         828.23  Definitions; ss. 828.22-828.26.--As used in ss.

10  828.22-828.26, the following words shall have the meaning

11  indicated:

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

13  and Consumer Services.

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

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

16  whole or in part.

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

18  livestock animals for any purpose.

19         (4)(3)  "Slaughterer" means any person other than a

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

21  animal control agency, who kills regularly engaged in the

22  commercial slaughtering of livestock.

23         (5)(4)  "Livestock" means cattle, calves, sheep, swine,

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

25  domestic animal that which can or may be used in the

26  preparation of animal and for the preparation of meat or meat

27  products. For the purposes of ss. 828.22-828.26, "livestock"

28  does not include poultry and aquatic species.

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

30  of slaughtering, or of manufacturing or preparing meat or meat

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


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  1  manufacturing or preparing livestock products for sale by such

  2  person or others.

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

  4  facility commonly known as a stockyard, conducted or operated

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

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

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

  8  sale or shipment.

  9         (6)(7)  "Humane method" means either:

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

11  effectively rendered insensitive to pain by electrical or

12  chemical means or by a penetrating captive bolt or gunshot

13  with appropriate caliber and placement rendered insensible to

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

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

16  thrown, cast, or cut; or

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

18  any religious faith whereby the animal suffers loss of

19  consciousness by anemia of the brain caused by the

20  simultaneous and instantaneous severance of the carotid

21  arteries with a sharp instrument.

22         Section 39.  Section 828.24, Florida Statutes, is

23  amended to read:

24         828.24  Prohibited acts; exemption.--

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

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

27  operator shall shackle, hoist, or otherwise bring livestock

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

29  injury or pain.

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

31  kill any animal prior to rendering the animal insensitive to


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

  2  slaughter any livestock except by a humane method.

  3         (3)  Nothing in this section precludes the enforcement

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

  5  apply to any person, firm or corporation slaughtering or

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

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

  8         Section 40.  Section 828.25, Florida Statutes, is

  9  amended to read:

10         828.25  Administration; rules and regulations;

11  inspection; fees.--

12         (1)  The department shall administer the provisions of

13  ss. 828.22-828.26 this act. It shall adopt promulgate and may

14  from time to time revise rules, and regulations which rules

15  must shall conform substantially to and must not be less

16  restrictive than the rules and regulations promulgated by the

17  Secretary of Agriculture of the United States pursuant to the

18  Federal Humane Slaughter Act of 1958, Pub. L. No. 85-765, 72

19  Stat. 862, and any amendments thereto; provided, however, that

20  the use of a manually operated hammer, sledge or poleax is

21  declared to be an inhumane method of slaughter within the

22  meaning of this act.

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

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

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

26  premises of any slaughterer for the purposes of verifying

27  compliance or noncompliance with the provisions of ss.

28  828.22-828.26 this act.

29         (3)  The department has the authority to conduct

30  inspections of the premises of slaughterers at random

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


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

  2  Additional inspections shall be made not less frequently than

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

  4         Section 41.  Section 828.251, Florida Statutes, is

  5  created to read:

  6         828.251  Instruction.--The department, in conjunction

  7  with the State University System, the American Veterinary

  8  Medical Association, and humane animal groups, shall make

  9  available to slaughterers the most current technical

10  information. Such information may be in video or manual

11  format, or another widely accepted media format.

12         Section 42.  Section 828.252, Florida Statutes, is

13  created to read:

14         828.252  Nonambulatory animals.--This section

15  acknowledges that natural emergencies may arise and that, even

16  under recognized best-management practices, injury may occur.

17  In all cases, nonambulatory animals must be dealt with in a

18  humane manner.

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

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

21  unassisted.

22         (2)  A person may not buy, sell, give, receive,

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

24  hours, or drag any nonambulatory animal unless the

25  nonambulatory animal has been humanely euthanized, except in

26  such cases where providing proper care requires that the

27  animal be moved.

28         Section 43.  Section 828.26, Florida Statutes, is

29  amended to read:

30         828.26  Penalties Penalty.--

31


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

  2  828.22-828.26 and any rule associated with these sections

  3  shall be subject to an administrative fine of up to $10,000

  4  for each violation. No slaughterer found by the department in

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

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

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

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

  9  comply with this provision shall be a misdemeanor of the

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

11         (2)  Unless otherwise provided, any person who violates

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

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

14  775.083. Upon failure to be in compliance with the provisions

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

16  first inspection required under s. 828.25, the department

17  shall direct the slaughterer to cease slaughtering livestock.

18  Failure to comply with this directive shall be a misdemeanor

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

20  and constituting a separate offense for each day of continued

21  slaughtering operations beyond the first week following

22  mailing of such directive to the slaughterer by the

23  department.

24         (3)  Nothing in this section precludes the enforcement

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

26         Section 44.  Subsection (10) of section 427.804,

27  Florida Statutes, is amended to read:

28         427.804  Repair of nonconforming assistive technology

29  devices; refund or replacement of devices after attempt to

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

31  investigation; limitation of rights.--


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  1         (10)  The department shall process consumer complaints

  2  pursuant to ss. 570.07 and s. 570.544.

  3         Section 45.  Subsection (2) of section 559.921, Florida

  4  Statutes, is amended to read:

  5         559.921  Remedies.--

  6         (2)  The department shall process consumer complaints

  7  according to ss. 570.07 and s. 570.544.

  8         Section 46.  Effective October 1, 2001, section 604.60,

  9  Florida Statutes, is created to read:

10         604.60  Damage or destruction of agricultural crops;

11  civil action.--

12         (1)  Any private, public, or commercial agricultural

13  grower or producer who grows or produces any agricultural

14  product, as defined in s. 468.382(7), for personal, research,

15  or commercial purposes or for testing or research purposes in

16  a product development program conducted in conjunction or

17  coordination with a private research facility, a university,

18  or any federal, state, or local government agency who suffers

19  damages as a result of another person's willful and knowing

20  damage or destruction of any such agricultural product has a

21  cause of action for damages equal to double the amount of the

22  value of the product damaged or destroyed, including the cost

23  of any experimental product replication, and for any other

24  relief a court of competent jurisdiction deems appropriate,

25  including, but not limited to, compensatory and punitive

26  damages.  In awarding damages under this section, the courts

27  shall consider the market value of the product prior to damage

28  or destruction, and production, research, testing,

29  replacement, and product development costs directly related to

30  the product that has been damaged or destroyed as part of the

31  value of the product.  The prevailing party in any action


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  1  brought pursuant to this section is entitled to an award of

  2  reasonable attorney's fees and court costs.

  3         Section 47.  Effective October 1, 2001, section 810.09,

  4  Florida Statutes, is amended to read:

  5         810.09  Trespass on property other than structure or

  6  conveyance.--

  7         (1)(a)  A person who, without being authorized,

  8  licensed, or invited, willfully enters upon or remains in any

  9  property other than a structure or conveyance:

10         1.  As to which notice against entering or remaining is

11  given, either by actual communication to the offender or by

12  posting, fencing, or cultivation as described in s. 810.011;

13  or

14         2.  If the property is the unenclosed curtilage of a

15  dwelling and the offender enters or remains with the intent to

16  commit an offense thereon, other than the offense of trespass,

17

18  commits the offense of trespass on property other than a

19  structure or conveyance.

20         (b)  As used in this section, the term "unenclosed

21  curtilage" means the unenclosed land or grounds, and any

22  outbuildings, that are directly and intimately adjacent to and

23  connected with the dwelling and necessary, convenient, and

24  habitually used in connection with that dwelling.

25         (2)(a)  Except as provided in this subsection, trespass

26  on property other than a structure or conveyance is a

27  misdemeanor of the first degree, punishable as provided in s.

28  775.082 or s. 775.083.

29         (b)  If the offender defies an order to leave,

30  personally communicated to the offender by the owner of the

31  premises or by an authorized person, or if the offender


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  1  willfully opens any door, fence, or gate or does any act that

  2  exposes animals, crops, or other property to waste,

  3  destruction, or freedom; unlawfully dumps litter on property;

  4  or trespasses on property other than a structure or

  5  conveyance, the offender commits a misdemeanor of the first

  6  degree, punishable as provided in s. 775.082 or s. 775.083.

  7         (c)  If the offender is armed with a firearm or other

  8  dangerous weapon during the commission of the offense of

  9  trespass on property other than a structure or conveyance, he

10  or she is guilty of a felony of the third degree, punishable

11  as provided in s. 775.082, s. 775.083, or s. 775.084.  Any

12  owner or person authorized by the owner may, for prosecution

13  purposes, take into custody and detain, in a reasonable

14  manner, for a reasonable length of time, any person when he or

15  she reasonably believes that a violation of this paragraph has

16  been or is being committed, and that the person to be taken

17  into custody and detained has committed or is committing such

18  violation.  In the event a person is taken into custody, a law

19  enforcement officer shall be called as soon as is practicable

20  after the person has been taken into custody. The taking into

21  custody and detention in compliance with the requirements of

22  this paragraph does not result in criminal or civil liability

23  for false arrest, false imprisonment, or unlawful detention.

24         (d)  The offender commits a felony of the third degree,

25  punishable as provided in s. 775.082, s. 775.083, or s.

26  775.084, if the property trespassed is a construction site

27  that is legally posted and identified in substantially the

28  following manner: "THIS AREA IS A DESIGNATED CONSTRUCTION

29  SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A

30  FELONY."

31


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  1         (e)  The offender commits a felony of the third degree,

  2  punishable as provided in s. 775.082, s. 775.083, or s.

  3  775.084, if the property trespassed upon is commercial

  4  horticulture property and the property is legally posted and

  5  identified in substantially the following manner: "THIS AREA

  6  IS DESIGNATED COMMERCIAL PROPERTY FOR HORTICULTURE PRODUCTS,

  7  AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY."

  8         (f)  The offender commits a felony of the third degree,

  9  punishable as provided in s. 775.082, s. 775.083, or s.

10  775.084, if the property trespassed upon is an agricultural

11  site for testing or research purposes that is legally posted

12  and identified in substantially the following manner:  "THIS

13  AREA IS A DESIGNATED AGRICULTURAL SITE FOR TESTING OR RESEARCH

14  PURPOSES, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A

15  FELONY."

16         (g)(f)  Any person who in taking or attempting to take

17  any animal described in s. 372.001(3) or (4), or in killing,

18  attempting to kill, or endangering any animal described in s.

19  585.01(13) knowingly propels or causes to be propelled any

20  potentially lethal projectile over or across private land

21  without authorization commits trespass, a felony of the third

22  degree, punishable as provided in s. 775.082, s. 775.083, or

23  s. 775.084.  For purposes of this paragraph, the term

24  "potentially lethal projectile" includes any projectile

25  launched from any firearm, bow, crossbow, or similar tensile

26  device.  This section shall not apply to any governmental

27  agent or employee acting within the scope of his or her

28  official duties.

29         (3)  As used in this section, the term "authorized

30  person" or "person authorized" means any owner, or his or her

31  agent, or any law enforcement officer whose department has


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  1  received written authorization from the owner, or his or her

  2  agent, to communicate an order to leave the property in the

  3  case of a threat to public safety or welfare.

  4         Section 48.  Effective October 1, 2001, for the purpose

  5  of incorporating the amendment to section 810.09, Florida

  6  Statutes, in references thereto, paragraph (b) of subsection

  7  (5) of section 260.0125, Florida Statutes, is reenacted to

  8  read:

  9         260.0125  Limitation on liability of private landowners

10  whose property is designated as part of the statewide system

11  of greenways and trails.--

12         (5)

13         (b)  Such notices must comply with s. 810.011(5) and

14  shall constitute a warning to unauthorized persons to remain

15  off the private property and not to depart from the designated

16  greenway or trail. Any person who commits such an unauthorized

17  entry commits a trespass as provided in s. 810.09.

18         Section 49.  Effective October 1, 2001, for the purpose

19  of incorporating the amendment to section 810.09, Florida

20  Statutes, in references thereto, paragraph (b) of subsection

21  (5) of section 810.011, Florida Statutes, is reenacted to

22  read:

23         810.011  Definitions.--As used in this chapter:

24         (5)

25         (b)  It shall not be necessary to give notice by

26  posting on any enclosed land or place not exceeding 5 acres in

27  area on which there is a dwelling house in order to obtain the

28  benefits of ss. 810.09 and 810.12 pertaining to trespass on

29  enclosed lands.

30         Section 50.  Subsections (10) and (11) of section

31  570.544, Florida Statutes, are repealed.


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  1         Section 51.  Section 373.621, Florida Statutes, is

  2  created to read:

  3         373.621  Water conservation.--The Legislature

  4  recognizes the significant value of water conservation in the

  5  protection and efficient use of water resources.  Accordingly,

  6  consideration in the administration of s. 373.223, s. 373.233

  7  and s. 373.236 shall be given to applicants who implement

  8  water conservation practices pursuant to s. 570.085 or other

  9  applicable water conservation measures as determined by the

10  department or a water management district.

11         Section 52.  Section 601.48, Florida Statutes, is

12  amended to read:

13         601.48  Grading processed citrus products.--

14         (1)  All processed citrus products for which grade

15  standards may be established, if sold, shipped, or offered for

16  sale or shipment, except as provided in s. 601.50, shall be

17  inspected for grade in a registered processing plant, and

18  shall be graded according to standards established by the

19  Department of Citrus, and the grade of such processed citrus

20  products shall be designated on the immediate container

21  thereof in such manner as the Department of Citrus may by rule

22  prescribe.

23         (1)(2)  If such processed citrus products meet the

24  requirements of the two highest grades as established by the

25  Department of Citrus or, at the option of the processor, the

26  two highest grades established by the United States Department

27  of Agriculture, the processor shall have the privilege, in

28  lieu of the grade declaration requirements of subsection (1),

29  of using labels, brands, or trademarks properly registered

30  with the Department of Citrus, as provided in subsection (3),

31  to represent state or U.S. grades.


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  1         (2)(3)  In accordance with such rules as the Department

  2  of Citrus may prescribe, licensed citrus fruit dealers in this

  3  state shall be entitled to register labels, brands, or

  4  trademarks for grade identification purposes.  The department

  5  shall maintain a record of all labels, brands, and trademarks

  6  registered for grade identification purposes, which record may

  7  be purged as necessary.

  8         (3)(4)  The grade labeling requirements of this section

  9  shall not apply to intrastate shipments of processed citrus

10  products between licensed citrus fruit dealers who are

11  operators of processing plants duly registered under s.

12  601.40.

13         Section 53.  The Florida Department of Citrus, or its

14  successor, may collect dues, contributions, or any other

15  financial payment upon request by and on behalf of any

16  not-for-profit corporation and, its related not-for-profit

17  corporations, located in this state which receives payments or

18  dues from its members.  Such not-for-profit corporation must

19  be engaged, to the exclusion of agricultural commodities other

20  than citrus, in market news and grower education solely for

21  citrus growers, and must have at least 5,000 members who are

22  engaged in growing citrus in this state for commercial sale.

23         Section 54.  Paragraph (c) of subsection (1) of section

24  232.246, Florida Statutes, is amended to read:

25         232.246  General requirements for high school

26  graduation.--

27         (1)  Graduation requires successful completion of

28  either a minimum of 24 academic credits in grades 9 through 12

29  or an International Baccalaureate curriculum. The 24 credits

30  shall be distributed as follows:

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  1         (c)  Three credits in science, two of which must have a

  2  laboratory component. The State Board of Education may grant

  3  an annual waiver of the laboratory requirement to a school

  4  district that certifies that its laboratory facilities are

  5  inadequate, provided the district submits a capital outlay

  6  plan to provide adequate facilities and makes the funding of

  7  this plan a priority of the school board.  Effective July 1,

  8  2001, Agriscience Foundations I, the core course in secondary

  9  Agriscience and Natural Resources programs, counts as one of

10  the science credits.

11         Section 55.  The following councils and authorities,

12  created pursuant to section 570.0705, Florida Statutes, and

13  chapter 90-487, Laws of Florida, are abolished:

14         (1)  Agriculture and Livestock Fair Council.

15         (2)  Florida City State Farmers Market Advisory

16  Committee.

17         (3)  Fort Myers State Farmers Market Advisory Council.

18         (4)  Fort Pierce State Farmers Market Advisory Council.

19         (5)  Gadsden County State Farmers Market Advisory

20  Council.

21         (6)  Immokalee State Farmers Market Advisory Council.

22         (7)  Nitrate Bill Best Management Practices Advisory

23  Group.

24         (8)  Palatka State Farmers Market Advisory Council.

25         (9)  Plant City State Farmers Market Advisory Council.

26         (10)  Pompano Beach Farmers Market Authority.

27         (11)  Racing Quarter Horse Advisory Council.

28         (12)  Sanford State Farmers Market Advisory Council.

29         (13)  Seed Potato Advisory Council.

30         (14)  Starke State Farmers Market Advisory Council.

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  1         (15)  Suwanee Valley State Farmers Market Advisory

  2  Council.

  3         (16)  Trenton State Farmers Market Advisory Council.

  4         (17)  Tropical Soda Apple Task Force.

  5         (18)  Wauchula State Farmers Market Advisory Council.

  6         Section 56.  Section 570.085, Florida Statutes, is

  7  created to read:

  8         570.085  Department of Agriculture and Consumer

  9  Services; agricultural water conservation.--The department

10  shall establish an agricultural water conservation program

11  that includes the following:

12         (1)  A cost share program, coordinated where

13  appropriate with the United States Department of Agriculture

14  and other federal, state, regional, and local agencies, for

15  irrigation system retrofit and application of mobile

16  irrigation laboratory evaluations for water conservation as

17  provided in this section and, where applicable, for water

18  quality improvement pursuant to s. 403.067(7)(d).

19         (2)  The development and implementation of voluntary

20  interim measures or best management practices, adopted by

21  rule, which provide for increased efficiencies in the use and

22  management of water for agricultural production.  In the

23  process of developing and adopting rules for interim measures

24  or best management practices, the department shall consult

25  with the Department of Environmental Protection and the water

26  management districts.  Such rules may also include a system to

27  assure the implementation of the practices, including

28  recordkeeping requirements.  As new information regarding

29  efficient agricultural water use and management becomes

30  available, the department shall reevaluate and revise as

31  needed, the interim measures or best management practices.


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  1  The interim measures or best management practices may include

  2  irrigation retrofit, implementation of mobile irrigation

  3  laboratory evaluations and recommendations, water resource

  4  augmentation, and integrated water management systems for

  5  drought management and flood control and should, to the

  6  maximum extent practicable, be designed to qualify for

  7  regulatory incentives and other incentives, as determined by

  8  the agency having applicable statutory authority.

  9         (3)  Provision of assistance to the water management

10  districts in the development and implementation of a

11  consistent, to the extent practicable, methodology for the

12  efficient allocation of water for agricultural irrigation.

13         Section 57.  Official citrus archive.--The Florida

14  Citrus Archives, dedicated to Thomas B. Mack and located at

15  Florida Southern College in Lakeland, are designated as the

16  official citrus archive of Florida.

17         Section 58.  If any clause, section, or provision of

18  this act shall be declared unconstitutional or invalid for any

19  reason, it shall be eliminated from this act, and the

20  remaining portion of the act shall be in full force and effect

21  and be as valid as if such invalid portion thereof had not

22  been incorporated therein.

23         Section 59.  (1)  The Department of Agriculture and

24  Consumer Services shall provide compensation to eligible

25  homeowners whose citrus trees have been removed under a citrus

26  canker eradication program. Funds to pay this compensation may

27  be derived from both state and federal matching sources, and

28  shall be specifically appropriated by law. Eligible homeowners

29  shall be compensated subject to the availability of

30  appropriated funds.

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  1         (2)  To be eligible to receive compensation under the

  2  program, a homeowner must:

  3         (a)  Be the homeowner of record on the effective date

  4  of this act for residential property where one or more citrus

  5  trees have been removed as part of a citrus canker eradication

  6  program;

  7         (b)  Have had one or more citrus trees removed from the

  8  property by a tree-cutting contractor as part of a citrus

  9  canker eradication program on or after January 1, 1995; and

10         (c)  Have received no commercial compensation and is

11  not eligible to receive commercial compensation from the

12  United States Department of Agriculture for citrus trees

13  removed as part of a citrus canker eradication program.

14         (3)  The amount of compensation for each tree removed

15  from residential property by the citrus canker eradication

16  program shall be $100 per tree. If the homeowner's property is

17  eligible for a Shade Dade or a Shade Florida Card, the

18  homeowner may not receive compensation under this section for

19  the first citrus tree removed from the property as part of a

20  citrus canker eradication program.

21         (4)  The specification of a per-tree amount paid for

22  the residential citrus canker compensation program does not

23  limit the amount of any other compensation that may be paid by

24  another entity or pursuant to court order for the removal of

25  citrus trees as part of a citrus canker eradication program.

26         (5)  Of the funds appropriated to the department under

27  this section, the department may use up to $500,000 to

28  administer the residential citrus canker compensation program.

29  Specifically, the department shall:

30         (a)  Take reasonable steps to identify and notify

31  owners of citrus trees removed as part of a citrus canker


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  1  eradication program of the availability of the compensation

  2  program.

  3         (b)  Notify homeowners of the manner in which the owner

  4  may request funding.

  5         (c)  Develop a compensation request form and make it

  6  available to eligible homeowners.

  7         (d)  Develop a process to resolve disputes relating to

  8  compensation. The department's decision is final and is not

  9  subject to chapter 120, Florida Statutes.

10         Section 60.  Short title.--Sections 60 through 64 of

11  this act may be cited as the "Rural and Family Lands

12  Protection Act."

13         Section 61.  Definitions.--As used in sections 62 and

14  63 of this act, the term "department" means the Department of

15  Agriculture and Consumer Services.

16         Section 62.  Section 570.70, Florida Statutes, is

17  created to read:

18         570.70  Legislative findings.--The Legislature finds

19  and declares that:

20         (1)  A thriving rural economy with a strong

21  agricultural base, healthy natural environment, and viable

22  rural communities is an essential part of Florida. Rural areas

23  also include the largest remaining intact ecosystems and best

24  examples of remaining wildlife habitats as well as a majority

25  of privately owned land targeted by local, state, and federal

26  agencies for natural-resource protection.

27         (2)  The growth of Florida's population can result in

28  agricultural and rural lands being converted into residential

29  or commercial development.

30

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  1         (3)  The agricultural, rural, natural-resource, and

  2  commodity values of rural lands are vital to the state's

  3  economy, productivity, rural heritage, and quality of life.

  4         (4)  The Legislature further recognizes the need for

  5  enhancing the ability of rural landowners to obtain economic

  6  value from their property, protecting rural character,

  7  controlling urban sprawl, and providing necessary open space

  8  for agriculture and the natural environment, and the

  9  importance of maintaining and protecting Florida's rural

10  economy through innovative planning and development strategies

11  in rural areas and the use of incentives that reward

12  landowners for good stewardship of land and natural resources.

13         (5)  The purpose of this act is to bring under public

14  protection lands that serve to limit subdivision and

15  conversion of agricultural and natural areas that provide

16  economic, open space, water, and wildlife benefits by

17  acquiring land or related interests in land such as perpetual,

18  less-than-fee acquisitions, agricultural protection

19  agreements, and resource conservation agreements and

20  innovative planning and development strategies in rural areas.

21         Section 63.  Section 570.71, Florida Statutes, is

22  created to read:

23         570.71  Conservation easements and agreements.--

24         (1)  The department, on behalf of the Board of Trustees

25  of the Internal Improvement Trust Fund, may allocate moneys to

26  acquire perpetual, less-than-fee interest in land, to enter

27  into agricultural protection agreements, and to enter into

28  resource conservation agreements for the following public

29  purposes:

30         (a)  Promotion and improvement of wildlife habitat;

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  1         (b)  Protection and enhancement of water bodies,

  2  aquifer recharge areas, wetlands, and watersheds;

  3         (c)  Perpetuation of open space on lands with

  4  significant natural areas; or

  5         (d)  Protection of agricultural lands threatened by

  6  conversion to other uses.

  7         (2)  To achieve the purposes of this act, beginning no

  8  sooner than July 1, 2002, and every year thereafter, the

  9  department may accept applications for project proposals that:

10         (a)  Purchase conservation easements, as defined in s.

11  704.06.

12         (b)  Purchase rural-lands-protection easements pursuant

13  to this act.

14         (c)  Fund resource conservation agreements pursuant to

15  this act.

16         (d)  Fund agricultural protection agreements pursuant

17  to this act.

18

19  No funds may be expended to implement this subsection prior to

20  July 1, 2002.

21         (3)  Rural-lands-protection easements shall be a

22  perpetual right or interest in agricultural land which is

23  appropriate to retain such land in predominantly its current

24  state and to prevent the subdivision and conversion of such

25  land into other uses. This right or interest in property shall

26  prohibit only the following:

27         (a)  Construction or placing of buildings, roads,

28  billboards or other advertising, utilities, or structures,

29  except those structures and unpaved roads necessary for the

30  agricultural operations on the land or structures necessary

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  1  for other activities allowed under the easement, and except

  2  for linear facilities described in s. 704.06(11);

  3         (b)  Subdivision of the property;

  4         (c)  Dumping or placing of trash, waste, or offensive

  5  materials; and

  6         (d)  Activities that affect the natural hydrology of

  7  the land or that detrimentally affect water conservation,

  8  erosion control, soil conservation, or fish or wildlife

  9  habitat, except those required for environmental restoration;

10  federal, state, or local government regulatory programs; or

11  best management practices.

12         (4)  Resource conservation agreements will be contracts

13  for services which provide annual payments to landowners for

14  services that actively improve habitat and water restoration

15  or conservation on their lands over and above that which is

16  already required by law or which provide recreational

17  opportunities. They will be for a term of not less than 5

18  years and not more than 10 years. Property owners will become

19  eligible to enter into a resource conservation agreement only

20  upon entering into a conservation easement or rural lands

21  protection easement.

22         (5)  Agricultural protection agreements shall be for

23  terms of 30 years and will provide payments to landowners

24  having significant natural areas on their land. Public access

25  and public recreational opportunities may be negotiated at the

26  request of the landowner.

27         (a)  For the length of the agreement, the landowner

28  shall agree to prohibit:

29         1.  Construction or placing of buildings, roads,

30  billboards or other advertising, utilities, or structures,

31  except those structures and unpaved roads necessary for the


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  1  agricultural operations on the land or structures necessary

  2  for other activities allowed under the easement, and except

  3  for linear facilities described in s. 704.06(11);

  4         2.  Subdivision of the property;

  5         3.  Dumping or placing of trash, waste, or offensive

  6  materials; and

  7         4.  Activities that affect the natural hydrology of the

  8  land, or that detrimentally affect water conservation, erosion

  9  control, soil conservation, or fish or wildlife habitat.

10         (b)  As part of the agricultural protection agreement,

11  the parties shall agree that the state shall have a right to

12  buy a conservation easement or rural land protection easement

13  at the end of the 30-year term or prior to the landowner

14  transferring or selling the property, whichever occurs later.

15  If the landowner tenders the easement for the purchase and the

16  state does not timely exercise its right to buy the easement,

17  the landowner shall be released from the agricultural

18  agreement. The purchase price of the easement shall be

19  established in the agreement and shall be based on the value

20  of the easement at the time the agreement is entered into,

21  plus a reasonable escalator multiplied by the number of full

22  calendar years following the date of the commencement of the

23  agreement. The landowner may transfer or sell the property

24  before the expiration of the 30-year term, but only if the

25  property is sold subject to the agreement and the buyer

26  becomes the successor in interest to the agricultural

27  protection agreement. Upon mutual consent of the parties, a

28  landowner may enter into a perpetual easement at any time

29  during the term of an agricultural protection agreement.

30

31


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  1         (6)  Payment for conservation easements and rural land

  2  protection easements shall be a lump-sum payment at the time

  3  the easement is entered into.

  4         (7)  Landowners entering into an agricultural

  5  protection agreement may receive up to 50 percent of the

  6  purchase price at the time the agreement is entered into and

  7  remaining payments on the balance shall be equal annual

  8  payments over the term of the agreement.

  9         (8)  Payments for the resource conservation agreements

10  shall be equal annual payments over the term of the agreement.

11         (9)  Easements purchased pursuant to this act may not

12  prevent landowners from transferring the remaining fee value

13  with the easement.

14         (10)  The department, in consultation with the

15  Department of Environmental Protection, the water management

16  districts, the Department of Community Affairs, and the

17  Florida Fish and Wildlife Conservation Commission, shall adopt

18  rules that establish an application process, a process and

19  criteria for setting priorities for use of funds consistent

20  with the purposes specified in s. 570.71(1) and giving

21  preference to ranch and timber lands managed using sustainable

22  practices, an appraisal process, and a process for title

23  review and compliance and approval of the rules by the Board

24  of Trustees of the Internal Improvement Trust Fund.

25         (11)  If a landowner objects to having his property

26  included in any lists or maps developed to implement this act,

27  the department shall remove the property from any such lists

28  or maps upon receipt of the landowner's written request to do

29  so.

30         (12)  The department is authorized to use funds from

31  the following sources to implement this act:


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  1         (a)  State funds;

  2         (b)  Federal funds;

  3         (c)  Other governmental entities;

  4         (d)  Nongovernmental organizations; or

  5         (e)  Private individuals.

  6

  7  Any such funds provided shall be deposited into the

  8  Conservation and Recreation Lands Program Trust Fund within

  9  the Department of Agriculture and Consumer Services and used

10  for the purposes of this act.

11         (13)  No more than ten percent of any funds made

12  available to implement this act shall be expended for resource

13  conservation agreements and agricultural protection

14  agreements.

15         (14)  The department, in consultation with the

16  Department of Environmental Protection, the Fish and Wildlife

17  Conservation Commission, and the water management districts

18  shall conduct a study to determine and prioritize needs for

19  implementing the act.

20         (a)  The department may contract with the Florida

21  Natural Areas Inventory for an analysis of the geographic

22  distribution of certain types of natural resources, or

23  resource-based land uses that have been identified for

24  acquisition by previous conservation and recreation land

25  acquisition programs.

26         (b)  The needs assessment shall locate areas of the

27  state where existing privately-owned ranch and timber lands

28  containing resources of the type identified in (a) can be

29  preserved or protected through implementation of the Rural and

30  Family Lands Protection Act.

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  1         (c)  The department shall report its findings to the

  2  Governor, President of the Senate, and Speaker of the House of

  3  Representatives by December 31, 2001. At a minimum, the report

  4  must include a prioritization of the types of resources to be

  5  preserved or protected, the location of privately-owned ranch

  6  and timber lands containing such resources that could be

  7  preserved or protected by easements or agreements pursuant to

  8  this act, and the funding needs for the program.

  9         Section 64.  Subsection (11) of section 163.3177,

10  Florida Statutes, is amended to read:

11         163.3177  Required and optional elements of

12  comprehensive plan; studies and surveys.--

13         (11)(a)  The Legislature recognizes the need for

14  innovative planning and development strategies which will

15  address the anticipated demands of continued urbanization of

16  Florida's coastal and other environmentally sensitive areas,

17  and which will accommodate the development of less populated

18  regions of the state which seek economic development and which

19  have suitable land and water resources to accommodate growth

20  in an environmentally acceptable manner.  The Legislature

21  further recognizes the substantial advantages of innovative

22  approaches to development which may better serve to protect

23  environmentally sensitive areas, maintain the economic

24  viability of agricultural and other predominantly rural land

25  uses, and provide for the cost-efficient delivery of public

26  facilities and services.

27         (b)  It is the intent of the Legislature that the local

28  government comprehensive plans and plan amendments adopted

29  pursuant to the provisions of this part provide for a planning

30  process which allows for land use efficiencies within existing

31  urban areas and which also allows for the conversion of rural


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  1  lands to other uses, where appropriate and consistent with the

  2  other provisions of this part and the affected local

  3  comprehensive plans, through the application of innovative and

  4  flexible planning and development strategies and creative land

  5  use planning techniques, which may include, but not be limited

  6  to, urban villages, new towns, satellite communities,

  7  area-based allocations, clustering and open space provisions,

  8  mixed-use development, and sector planning.

  9         (c)  It is the further intent of the Legislature that

10  local government comprehensive plans and implementing land

11  development regulations shall provide strategies which

12  maximize the use of existing facilities and services through

13  redevelopment, urban infill development, and other strategies

14  for urban revitalization.

15         (d)1.  The department, in cooperation with the

16  Department of Agriculture and Consumer Services, shall provide

17  assistance to local governments in the implementation of this

18  paragraph and s. 9J-5.006(5)(l), Florida Administrative Code.

19  Implementation of those provisions shall include a process by

20  which the department may authorize up to five local

21  governments to designate all or portions of lands classified

22  in the future land use element as predominantly agricultural,

23  rural, open, open-rural, or a substantively equivalent land

24  use, as a rural land stewardship area within which planning

25  and economic incentives are applied to encourage the

26  implementation of innovative and flexible planning and

27  development strategies and creative land use planning

28  techniques, including those contained in Rule 9J-5.006(5)(l),

29  Florida Administrative Code.

30         2.  The department shall encourage participation by

31  local governments of different sizes and rural


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  1  characteristics.  It is the intent of the Legislature that

  2  rural land stewardship areas be used to further the following

  3  broad principles of rural sustainability:  restoration and

  4  maintenance of the economic value of rural land; control of

  5  urban sprawl; identification and protection of ecosystems,

  6  habitats, and natural resources; promotion of rural economic

  7  activity; maintenance of the viability of Florida's

  8  agricultural economy; and protection of the character of rural

  9  areas of Florida.

10         3.  A local government may apply to the department in

11  writing requesting consideration for authorization to

12  designate a rural land stewardship area and shall describe its

13  reasons for applying for the authorization with supporting

14  documentation regarding its compliance with criteria set forth

15  in this section.

16         4.  In selecting a local government, the department

17  shall, by written agreement:

18         a.  Ensure that the local government has expressed its

19  intent to designate a rural land stewardship area pursuant to

20  the provisions of this subsection and clarify that the rural

21  land stewardship area is intended.

22         b.  Ensure that the local government has the financial

23  and administrative capabilities to implement a rural land

24  stewardship area.

25         5.  The written agreement shall include the basis for

26  the authorization and provide criteria for evaluating the

27  success of the authorization including the extent the rural

28  land stewardship area enhances rural land values; control

29  urban sprawl; provides necessary open space for agriculture

30  and protection of the natural environment; promotes rural

31  economic activity; and maintains rural character and the


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  1  economic viability of agriculture.  The department may

  2  terminate the agreement at any time if it determines that the

  3  local government is not meeting the terms of the agreement.

  4         6.  A rural land stewardship area shall be not less

  5  than 50,000 acres and shall not exceed 250,000 acres in size,

  6  shall be located outside of municipalities and established

  7  urban growth boundaries, and shall be designated by plan

  8  amendment.  The plan amendment designating a rural land

  9  stewardship area shall be subject to review by the Department

10  of Community Affairs pursuant to s. 163.3184, F.S., and shall

11  provide for the following:

12         a.  Criteria for the designation of receiving areas

13  within rural land stewardship areas in which innovative

14  planning and development strategies may be applied.  Criteria

15  shall at a minimum provide for the following:  adequacy of

16  suitable land to accommodate development so as to avoid

17  conflict with environmentally sensitive areas, resources, and

18  habitats; compatibility between and transition from higher

19  density uses to lower intensity rural uses; the establishment

20  of receiving area service boundaries which provide for a

21  separation between receiving areas and other land uses within

22  the rural land stewardship area through limitations on the

23  extension of services; and connection of receiving areas with

24  the rest of the rural land stewardship area using rural design

25  and rural road corridors.

26         b.  Goals, objectives, and policies setting forth the

27  innovative planning and development strategies to be applied

28  within rural land stewardship areas pursuant to the provisions

29  of this section.

30         c.  A process for the implementation of innovative

31  planning and development strategies within the rural land


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  1  stewardship area, including those described in this subsection

  2  and s. 9J-5.006(5)(l), Florida Administrative Code, which

  3  provide for a functional mix of land uses and which are

  4  applied through the adoption by the local government of zoning

  5  and land development regulations applicable to the rural land

  6  stewardship area.

  7         d.  A process which encourages visioning pursuant to s.

  8  163.3167(11) to ensure that innovative planning and

  9  development strategies comply with the provisions of this

10  section.

11         e.  The control of sprawl through the use of innovative

12  strategies and creative land use techniques consistent with

13  the provisions of this subsection and rural 9J-5.006(5)(l),

14  Florida Administrative Code.

15         7.  A receiving area shall be designated by the

16  adoption of a land development regulation.  Prior to the

17  designation of a receiving area, the local government shall

18  provide the Department of Community Affairs a period of 30

19  days in which to review a proposed receiving area for

20  consistency with the rural land stewardship area plan

21  amendment and to provide comments to the local government.

22         8.  Upon the adoption of a plan amendment creating a

23  rural land stewardship area, the local government shall, by

24  ordinance, assign to the area a certain number of credits, to

25  be known as "transferable rural land use credits," which shall

26  not constitute a right to develop land, nor increase density

27  of land, except as provided by this section.  The total amount

28  of transferrable rural land use credits assigned to the rural

29  land stewardship area must correspond to the 25-year or

30  greater projected population of the rural land stewardship

31


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  1  area.  Transferable rural land use credits are subject to the

  2  following limitations:

  3         a.  Transferable rural land use credits may only exist

  4  within a rural land stewardship area.

  5         b.  Transferable rural land use credits may only be

  6  used on lands designated as receiving areas and then solely

  7  for the purpose of implementing innovative planning and

  8  development strategies and creative land use planning

  9  techniques adopted by the local government pursuant to this

10  section.

11         c.  Transferable rural land use credits assigned to a

12  parcel of land within a rural land stewardship area shall

13  cease to exist if the parcel of land is removed from the rural

14  land stewardship area by plan amendment.

15         d.  Neither the creation of the rural land stewardship

16  area by plan amendment nor the assignment of transferable

17  rural land use credits by the local government shall operate

18  to displace the underlying density of land uses assigned to a

19  parcel of land within the rural land stewardship area;

20  however, if transferable rural land use credits are

21  transferred from a parcel for use within a designated

22  receiving area, the underlying density assigned to the parcel

23  of land shall cease to exist.

24         e.  The underlying density on each parcel of land

25  located within a rural land stewardship area shall not be

26  increased or decreased by the local government, except as a

27  result of the conveyance or use of transferable rural land use

28  credits, as long as the parcel remains within the rural land

29  stewardship area.

30

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  1         f.  Transferable rural land use credits shall cease to

  2  exist on a parcel of land where the underlying density

  3  assigned to the parcel of land is utilized.

  4         g.  An increase in the density of use on a parcel of

  5  land located within a designated receiving area may occur only

  6  through the assignment or use of transferable rural land use

  7  credits and shall not require a plan amendment.

  8         h.  A change in the density of land use on parcels

  9  located within receiving areas shall be specified in a

10  development order which reflects the total number of

11  transferable rural land use credits assigned to the parcel of

12  land and the infrastructure and support services necessary to

13  provide for a functional mix of land uses corresponding to the

14  plan of development.

15         i.  Land within a rural land stewardship area may be

16  removed from the rural land stewardship area through a plan

17  amendment.

18         j.  Transferable rural land use credits may be assigned

19  at different ratios of credits per acre according to the land

20  use remaining following the transfer of credits, with the

21  highest number of credits per acre assigned to preserve

22  environmentally valuable land and a lesser number of credits

23  to be assigned to open space and agricultural land.

24         k.  The use or conveyance of transferable rural land

25  use credits must be recorded in the public records of the

26  county in which the property is located as a covenant or

27  restrictive easement running with the land in favor of the

28  county and either the Department of Environmental Protection,

29  Department of Agriculture and Consumer Services, a water

30  management district, or a recognized statewide land trust.

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  1         9.  Owners of land within rural land stewardship areas

  2  should be provided incentives to enter into rural land

  3  stewardship agreements, pursuant to existing law and rules

  4  adopted thereto, with state agencies, water management

  5  districts, and local governments to achieve mutually agreed

  6  upon conservation objectives.  Such incentives may include,

  7  but not be limited to, the following:

  8         a.  Opportunity to accumulate transferable mitigation

  9  credits.

10         b.  Extended permit agreements.

11         c.  Opportunities for recreational leases and

12  ecotourism.

13         d.  Payment for specified land management services on

14  publicly owned land, or property under covenant or restricted

15  easement in favor of a public entity.

16         e.  Option agreements for sale to government, in either

17  fee or easement, upon achievement of conservation objectives.

18         10.  The department shall report to the Legislature on

19  an annual basis on the results of implementation of rural land

20  stewardship areas authorized by the department, including

21  successes and failures in achieving the intent of the

22  Legislature as expressed in this paragraph.  It is further the

23  intent of the Legislature that the success of authorized rural

24  land stewardship areas be substantiated before implemention

25  occurs on a statewide basis.

26         (e)(d)  The implementation of this subsection shall be

27  subject to the provisions of this chapter, chapters 186 and

28  187, and applicable agency rules.

29         (f)(e)  The department may adopt rules necessary to

30  shall implement the provisions of this subsection by rule.

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  1         Section 65.  Except as otherwise provided in this act,

  2  this act shall take effect July 1, 2001.

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