HB 1717

CS

CHAMBER ACTION

1	The State Resources Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to agriculture; amending s. 193.451, F.S.;
7	clarifying the value for purpose of assessment for ad
8	valorem taxes of certain property leased by the Department
9	of Agriculture and Consumer Services; providing intent for
10	retroactive application; amending s. 212.02, F.S.;
11	revising definitions relating to farm equipment; amending
12	s. 212.08, F.S.; conforming terminology; amending ss.
13	372.921 and 372.922, F.S.; conforming provisions relating
14	to regulatory authority over the possession, control,
15	care, and maintenance of bison; creating s. 450.175, F.S.;
16	providing a part title; repealing s. 450.211, F.S.,
17	relating to the advisory committee for the Legislative
18	Commission on Migrant Labor; amending s. 487.2031, F.S.;
19	revising definition of the term "material safety data
20	sheet" for purposes of the Florida Agricultural Worker
21	Safety Act; creating s. 487.2042, F.S.; providing for
22	investigation of complaints; providing criteria for the
23	commencement of an investigation; providing for exemption
24	from civil liability under certain circumstances;
25	providing penalties for making a false complaint; amending
26	s. 502.014, F.S.; deleting a duty of the department
27	relating to issuance of a temporary marketing permit for
28	milk and milk products and a fee therefor; amending s.
29	502.091, F.S.; deleting reference to a milk type no longer
30	produced; amending s. 503.011, F.S.; updating a reference
31	in the definition of "frozen desserts"; amending s.
32	531.39, F.S.; deleting an outdated reference relating to
33	state standards for weights and measures; amending s.
34	531.47, F.S.; revising provisions relating to packages on
35	which information is required; amending s. 531.49, F.S.;
36	revising provisions relating to advertising packaged
37	commodities; amending s. 570.07, F.S.; clarifying the
38	power of the department relating to standards and fines;
39	providing an additional power of the department; creating
40	s. 570.076, F.S.; authorizing the department to adopt
41	rules establishing the Environmental Stewardship
42	Certification Program; providing program standards;
43	providing requirements for receipt of an agricultural
44	certification; authorizing the Soil and Water Conservation
45	Council to develop and recommend additional criteria;
46	authorizing the department and the Institute of Food and
47	Agricultural Sciences at the University of Florida to
48	develop, deliver, and certify completion of a curriculum;
49	authorizing agreements with third-party providers to
50	administer or implement the program; amending s. 570.9135,
51	F.S.; correcting a reference; amending s. 570.952, F.S.;
52	revising the membership of the Florida Agriculture Center
53	and Horse Park Authority; providing criteria for
54	expiration of terms; deleting requirement of submission of
55	information to the Legislature; amending s. 581.011, F.S.;
56	defining the term "invasive plant"; amending s. 581.083,
57	F.S.; prohibiting the cultivation of nonnative plants for
58	purposes of fuel production or purposes other than
59	agriculture in plantings greater than a specified size,
60	except under a special permit issued by the department;
61	providing an exemption; requiring application for a
62	special permit and a fee therefor; requiring an applicant
63	to show proof of security through a bond or certificate of
64	deposit; defining the term "certificate of deposit";
65	requiring removal and destruction of plants under certain
66	circumstances; specifying circumstances under which the
67	department may issue a final order for plant removal and
68	destruction; requiring reimbursement of costs and expenses
69	for plant removal and destruction by the department;
70	providing requirements for maintenance of a bond or
71	certificate of deposit by a permitholder; providing
72	requirements relating to assignment and cancellation of a
73	bond or certificate of deposit; authorizing requirement
74	for an annual bond or certificate of deposit and an
75	increase or decrease in the amount of security required;
76	authorizing the department to verify statements and
77	accounts with respect to cultivated acreage; providing for
78	suspension or revocation of a special permit under certain
79	circumstances; amending s. 585.002, F.S.; providing for
80	department regulatory authority over the possession,
81	control, care, and maintenance of bison; providing an
82	exception; amending s. 590.125, F.S.; clarifying liability
83	with respect to prescribed burning; providing for obsolete
84	agricultural equipment to be assessed at its salvage value
85	for purposes of ad valorem taxation; defining the term
86	"agricultural equipment"; providing a procedure for a
87	taxpayer to claim the right of assessment; authorizing the
88	property appraiser to require information establishing a
89	taxpayer's right to the classification; providing
90	severability; providing an effective date.
91
92	Be It Enacted by the Legislature of the State of Florida:
93
94	Section 1.  Subsection (3) is added to section 193.451,
95	Florida Statutes, to read:
96	193.451  Annual growing of agricultural crops, nonbearing
97	fruit trees, nursery stock; taxability.--
98	(3)  Personal property leased or subleased by the
99	Department of Agriculture and Consumer Services and utilized in
100	the inspection, grading, or classification of citrus fruit shall
101	be deemed to have value for purposes of assessment for ad
102	valorem property taxes no greater than its market value as
103	salvage. It is the expressed intent of the Legislature that this
104	subsection shall have retroactive application to December 31,
105	2003.
106	Section 2.  Subsections (30) through (34) of section
107	212.02, Florida Statutes, are amended to read:
108	212.02  Definitions.--The following terms and phrases when
109	used in this chapter have the meanings ascribed to them in this
110	section, except where the context clearly indicates a different
111	meaning:
112	(30)  "Power Self-propelled farm equipment" means moving or
113	stationary equipment that contains within itself the means for
114	its own propulsion or power and, including, but not limited to,
115	tractors.
116	(31)  "Power-drawn farm equipment" means equipment that is
117	pulled, dragged, or otherwise attached to self-propelled
118	equipment, including, but not limited to, disks, harrows, hay
119	balers, and mowers.
120	(32)  "Power-driven farm equipment" means moving or
121	stationary equipment that is dependent upon an external power
122	source to perform its functions function, including, but not
123	limited to, conveyors, augers, feeding systems, and pumps.
124	(31)(33)  "Forest" means the land stocked by trees of any
125	size used in the production of forest products, or formerly
126	having such tree cover, and not currently developed for
127	nonforest use.
128	(32)(34)  "Agricultural production" means the production of
129	plants and animals useful to humans, including the preparation,
130	planting, cultivating, or harvesting of these products or any
131	other practices necessary to accomplish production through the
132	harvest phase, and includes aquaculture, horticulture,
133	floriculture, viticulture, forestry, dairy, livestock, poultry,
134	bees, and any and all forms of farm products and farm
135	production.
136	Section 3.  Subsection (3) of section 212.08, Florida
137	Statutes, is amended to read:
138	212.08  Sales, rental, use, consumption, distribution, and
139	storage tax; specified exemptions.--The sale at retail, the
140	rental, the use, the consumption, the distribution, and the
141	storage to be used or consumed in this state of the following
142	are hereby specifically exempt from the tax imposed by this
143	chapter.
144	(3)  EXEMPTIONS, PARTIAL; CERTAIN FARM EQUIPMENT.--There
145	shall be taxable at the rate of 2.5 percent the sale, rental,
146	lease, use, consumption, or storage for use in this state of
147	power self-propelled, power-drawn, or power-driven farm
148	equipment used exclusively on a farm or in a forest in the
149	agricultural production of crops or products as produced by
150	those agricultural industries included in s. 570.02(1), or for
151	fire prevention and suppression work with respect to such crops
152	or products. Harvesting may not be construed to include
153	processing activities. This exemption is not forfeited by moving
154	farm equipment between farms or forests. However, this exemption
155	shall not be allowed unless the purchaser, renter, or lessee
156	signs a certificate stating that the farm equipment is to be
157	used exclusively on a farm or in a forest for agricultural
158	production or for fire prevention and suppression, as required
159	by this subsection. Possession by a seller, lessor, or other
160	dealer of a written certification by the purchaser, renter, or
161	lessee certifying the purchaser's, renter's, or lessee's
162	entitlement to an exemption permitted by this subsection
163	relieves the seller from the responsibility of collecting the
164	tax on the nontaxable amounts, and the department shall look
165	solely to the purchaser for recovery of such tax if it
166	determines that the purchaser was not entitled to the exemption.
167	Section 4.  Subsection (8) of section 372.921, Florida
168	Statutes, is amended to read:
169	372.921  Exhibition or sale of wildlife.--
170	(8)  This section shall not apply to the possession,
171	control, care, and maintenance of ostriches, emus, and rheas,
172	and bison domesticated and confined for commercial farming
173	purposes, except those kept and maintained on hunting preserves
174	or game farms or primarily for exhibition purposes in zoos,
175	carnivals, circuses, and other such establishments where such
176	species are kept primarily for display to the public.
177	Section 5.  Subsection (6) of section 372.922, Florida
178	Statutes, is amended to read:
179	372.922  Personal possession of wildlife.--
180	(6)  This section shall not apply to the possession,
181	control, care, and maintenance of ostriches, emus, and rheas,
182	and bison domesticated and confined for commercial farming
183	purposes, except those kept and maintained on hunting preserves
184	or game farms or primarily for exhibition purposes in zoos,
185	carnivals, circuses, and other such establishments where such
186	species are kept primarily for display to the public.
187	Section 6.  Section 450.175, Florida Statutes, is created
188	to read:
189	450.175  Part title.--Part II of this chapter may be cited
190	as the "Alfredo Bahena Act."
191	Section 7.  Section 450.211, Florida Statutes, is repealed.
192	Section 8.  Subsection (7) of section 487.2031, Florida
193	Statutes, is amended to read:
194	487.2031  Definitions.--For the purposes of this part, the
195	term:
196	(7)  "Material safety data sheet" means written,
197	electronic, or printed material concerning an agricultural
198	pesticide that sets forth the following information:
199	(a)  The chemical name and the common name of the
200	agricultural pesticide.
201	(b)  The hazards or other risks in the use of the
202	agricultural pesticide, including:
203	1.  The potential for fire, explosions, corrosivity, and
204	reactivity.
205	2.  The known acute health effects and chronic health
206	effects of exposure to the agricultural pesticide, including
207	those medical conditions that are generally recognized as being
208	aggravated by exposure to the agricultural pesticide.
209	3.  The primary routes of entry and symptoms of
210	overexposure.
211	(c)  The proper handling practices, necessary personal
212	protective equipment, and other proper or necessary safety
213	precautions in circumstances that involve the use of or exposure
214	to the agricultural pesticide, including appropriate emergency
215	treatment in case of overexposure.
216	(d)  The emergency procedures for spills, fire, disposal,
217	and first aid.
218	(e)  A description of the known specific potential health
219	risks posed by the agricultural pesticide, which is written in
220	lay terms and is intended to alert any person who reads the
221	information.
222	(f)  The year and month, if available, that the information
223	was compiled and the name, address, and emergency telephone
224	number of the manufacturer responsible for preparing the
225	information.
226	Section 9.  Section 487.2042, Florida Statutes, is created
227	to read:
228	487.2042  Submission and investigation of complaints.--
229	(1)  The department shall cause to be investigated any
230	complaint which is filed under this part if the complaint is in
231	writing, signed by the complainant, and is legally sufficient. A
232	complaint is legally sufficient if it contains ultimate facts
233	which show that a violation of this part, or the rules adopted
234	under this part, may have occurred. In order to determine legal
235	sufficiency, the department may require supporting information
236	or documentation. The department may investigate an anonymous
237	complaint or a complaint made by a confidential informant if the
238	complaint is in writing and is legally sufficient, if the
239	alleged violation of law or rules is substantial, and if the
240	department has reason to believe, after preliminary inquiry,
241	that the alleged violations in the complaint are true. The
242	department may initiate an investigation if it has reasonable
243	cause to believe that a person has violated this part or the
244	rules adopted under this part.
245	(2)  A privilege against civil liability is hereby granted
246	to any complainant or any witness with regard to information
247	furnished with respect to any investigation or proceeding
248	pursuant to this part, unless the complainant or witness acted
249	in bad faith or with malice in providing such information.
250	(3)  Whoever knowingly makes a false complaint in writing
251	under this part commits a misdemeanor of the second degree,
252	punishable as provided in s. 775.082, s. 775.083, or s. 837.06.
253	Section 10.  Section 502.014, Florida Statutes, is amended
254	to read:
255	502.014  Powers and duties.--
256	(1)  The department shall administer and enforce all
257	regulatory laws currently in effect governing:
258	(a)  The production, processing, and distribution of milk
259	and milk products.
260	(b)  The sanitation and sanitary practices of
261	establishments where food and drink, including milk and milk
262	products, are sold for consumption on the premises, except food
263	service establishments regulated under chapters 381 and 509.
264	(c)  The sanitary and healthful condition of the food and
265	drink sold or offered for sale by establishments under the
266	department's jurisdiction pursuant to paragraph (b).
267	(d)  The laboratory work of testing and analyzing milk and
268	milk products.
269	(2)(a)  The department shall conduct onsite inspections of
270	dairy farms and milk plants, and collect test samples of milk
271	and milk products, as required by this chapter.
272	(b)  The department shall designate employees who shall be
273	certified by the United States Food and Drug Administration as
274	state milk sanitation rating officers, sampling surveillance
275	officers, and laboratory evaluation officers in accordance with
276	the requirements published in "Methods of Making Sanitation
277	Ratings of Milk Supplies," "Evaluation of Milk Laboratories,"
278	and "Procedures Governing the Cooperative State-Public Health
279	Service/Food and Drug Administration Program for Certification
280	of Interstate Milk Shippers," respectively, as adopted by
281	department rule. These officers shall conduct routine sanitation
282	compliance survey ratings of milk producers, milk plants,
283	laboratories, receiving stations, transfer stations, and
284	manufacturers of single-service containers for milk and milk
285	products. These ratings shall be made in accordance with the
286	recommendations of the United States Food and Drug
287	Administration published in Standard Methods for the Examination
288	of Dairy Products.
289	(3)  The department shall manage a program to issue permits
290	to persons who test milk or milk products for milkfat content by
291	weight, volume, chemical, electronic, or other means when the
292	result of such test is used as a basis for payment for the milk
293	or milk products.
294	(4)  The department shall define by rule "cottage cheese,"
295	"dry-curd cottage cheese," and "lowfat cottage cheese." The
296	department shall periodically update these definitions to
297	maintain conformity with the federal definitions.
298	(5)(a)  The department shall adopt criteria for issuance of
299	a state temporary marketing permit for milk and milk products
300	that do not conform to existing standards and definitions.
301	(b)  The department shall establish a fee, not to exceed
302	$100, for the issuance of a state temporary marketing permit or
303	the use of a federal permit in the state. The fee shall cover
304	all costs of issuing the state permit or processing the federal
305	permit.
306	(5)(6)  The department may impound any reconstituted or
307	recombined milk or any adulterated or misbranded milk or milk
308	product to prevent its use for human consumption, and may
309	dispose of it in a manner that does not create a nuisance.
310	(6)(7)  The department has authority to adopt rules
311	pursuant to ss. 120.536(1) and 120.54 to implement and enforce
312	the provisions of this chapter. In adopting these rules, the
313	department shall be guided by and may conform to the definitions
314	and standards of the administrative procedures and provisions of
315	the pasteurized milk ordinance. The rules shall include, but are
316	not limited to:
317	(a)  Standards for milk and milk products.
318	(b)  Provisions for the production, transportation,
319	processing, handling, sampling, examination, grading, labeling,
320	and sale of all milk and milk products and imitation and
321	substitute milk and milk products sold for public consumption in
322	this state.
323	(c)  Provisions for the inspection of dairy herds, dairy
324	farms, and milk plants.
325	(d)  Provisions for the issuance and revocation of permits
326	issued by the department pursuant to this chapter.
327	(7)(8)  The department shall not conduct routine tests or
328	inspections on raw milk that is shipped from outside the state.
329	Nothing in this subsection shall be construed to limit the
330	authority of the department to review industry records or sample
331	milk at any stage of production, processing, or distribution in
332	cases of suspected hazard to public health.
333	Section 11.  Subsection (1) of section 502.091, Florida
334	Statutes, is amended to read:
335	502.091  Milk and milk products which may be sold.--
336	(1)  Only Grade A pasteurized milk and milk products or
337	certified pasteurized milk shall be sold to the final consumer
338	or to restaurants, soda fountains, grocery stores, or similar
339	establishments.
340	(a)  In an emergency, however, the department may authorize
341	the sale of reconstituted pasteurized milk products, or
342	pasteurized milk and milk products that have not been graded or
343	the grade of that is unknown, in which case such milk and milk
344	products shall be appropriately labeled, as determined by the
345	department.
346	(b)  If the department determines that milk is fit for
347	human consumption even though it is less than Grade A because
348	the producer failed to comply with the sanitation or bacterial
349	standards defined in this chapter, or if any specific shipment
350	of milk fails to comply with standards of the pasteurized milk
351	ordinance, the department may issue a permit allowing the milk
352	to be used in ungraded products, such as frozen desserts, which
353	are being processed by such milk plant. During processing of
354	such milk, it shall be pasteurized at a temperature of at least
355	175° F. for at least 15 seconds or at least 160° F. for at least
356	least 30 minutes.
357	Section 12.  Subsection (2) of section 503.011, Florida
358	Statutes, is amended to read:
359	503.011  Definitions.--The following definitions shall
360	apply in the interpretation and enforcement of this chapter:
361	(2)  "Frozen desserts" means the foods which conform to the
362	provisions of "definitions and standards of identity for frozen
363	desserts," United States Food and Drug Administration, 21 C.F.R.
364	part 135 (2004) (1990), and foods, defined by rule of the
365	department, which resemble but do not conform to federal
366	definitions. The term also includes, but is not limited to,
367	"quiescently frozen confection," "quiescently frozen dairy
368	confection," and "frozen dietary dairy dessert and frozen
369	dietary dessert."
370	Section 13.  Section 531.39, Florida Statutes, is amended
371	to read:
372	531.39  State standards.--Weights and measures that are
373	traceable to the United States prototype standards supplied by
374	the Federal Government (Pub. L. No. 89-164, 1965), or approved
375	as being satisfactory by the National Institute of Standards and
376	Technology, shall be the state primary standards of weights and
377	measures, and shall be maintained in such calibration as
378	prescribed by the National Institute of Standards and
379	Technology. In addition, there shall be provided by the state
380	such secondary standards as may be necessary to carry out the
381	provisions of this chapter. The secondary standards shall be
382	verified upon their initial receipt and as often thereafter as
383	deemed necessary by the department.
384	Section 14.  Section 531.47, Florida Statutes, is amended
385	to read:
386	531.47  Information required on packages.--Except as
387	otherwise provided in this chapter or by rules adopted pursuant
388	thereto, any package introduced in intrastate commerce, kept for
389	the purpose of sale, or offered or exposed for sale in
390	intrastate commerce shall bear on the outside of the package a
391	definite, plain, and conspicuous declaration of:
392	(1)  The identity of the commodity in the package, unless
393	the same can easily be identified through the wrapper or
394	container.
395	(2)  The net quantity of contents in terms of weight,
396	measure, or count.
397	(3)  The name and place of business of the manufacturer,
398	packer, or distributor, in the case of any package kept or
399	offered or exposed for sale or sold in any place other than on
400	the premises where packed.
401	Section 15.  Section 531.49, Florida Statutes, is amended
402	to read:
403	531.49  Advertising packages for sale.--Whenever a packaged
404	commodity is advertised in any manner with the retail price
405	stated, there shall be closely and conspicuously associated with
406	the retail price a declaration of quantity as is required by law
407	or rule to appear on the package. When a dual declaration is
408	required, only the declaration that sets forth the quantity in
409	terms of the smaller unit of weight or measure need appear in
410	the advertisement.
411	Section 16.  Subsection (16) of section 570.07, Florida
412	Statutes, is amended, and subsection (41) is added to said
413	section, to read:
414	570.07  Department of Agriculture and Consumer Services;
415	functions, powers, and duties.--The department shall have and
416	exercise the following functions, powers, and duties:
417	(16)  To enforce the state laws and rules relating to:
418	(a)  Fruit and vegetable inspection and grading;
419	(b)  Pesticide spray, residue inspection, and removal;
420	(c)  Registration, labeling, inspection, and analysis of
421	commercial stock feeds and commercial fertilizers;
422	(d)  Classification, inspection, and sale of poultry and
423	eggs;
424	(e)  Registration, inspection, and analysis of gasolines
425	and oils;
426	(f)  Registration, labeling, inspection, and analysis of
427	pesticides;
428	(g)  Registration, labeling, inspection, germination
429	testing, and sale of seeds, both common and certified;
430	(h)  Weights, measures, and standards;
431	(i)  Foods, as set forth in the Florida Food Safety Act;
432	(j)  Inspection and certification of honey;
433	(k)  Sale of liquid fuels;
434	(l)  Licensing of dealers in agricultural products;
435	(m)  Administration and enforcement of all regulatory
436	legislation applying to milk and milk products, ice cream, and
437	frozen desserts;
438	(n)  Recordation and inspection of marks and brands of
439	livestock; and
440	(o)  All other regulatory laws relating to agriculture.
441
442	Notwithstanding any other law or local ordinance to the
443	contrary, and to ensure uniform health and safety standards, the
444	adoption of standards and fines in the subject areas of
445	paragraphs (a)-(o) is expressly preempted to the state and the
446	department. Any local government enforcing the subject areas of
447	paragraphs (a)-(o) must use the standards and fines set forth in
448	the pertinent statutes or any rules adopted by the department
449	pursuant to those statutes.
450	(41)  Notwithstanding any other provision of law, to use
451	any program for on-line procurement of commodities or
452	contractual services, but not be obligated to do so.
453	Section 17.  Section 570.076, Florida Statutes, is created
454	to read:
455	570.076  Environmental Stewardship Certification
456	Program.--The department may, by rule, establish the
457	Environmental Stewardship Certification Program consistent with
458	this section. A rule adopted under this section must be
459	developed in consultation with state universities, agricultural
460	organizations, and other interested parties.
461	(1)  The program must:
462	(a)  Be integrated, to the maximum extent practicable, with
463	programs that are sponsored by agricultural organizations or
464	state universities.
465	(b)  Be designed to recognize and promote agricultural
466	operations or homeowner practices that demonstrate exemplary
467	resource management that is related to environmental
468	stewardship.
469	(c)  Include a process to periodically review a
470	certification to ensure compliance with the program
471	requirements, including implementation by the certificateholder.
472	(d)  Require periodic continuing education in relevant
473	environmental stewardship issues in order to maintain
474	certification.
475	(2)  The department shall provide an agricultural
476	certification under this program for implementation of one or
477	more of the following criteria:
478	(a)  A voluntary agreement between an agency and an
479	agricultural producer for environmental improvement or water-
480	resource protection.
481	(b)  A conservation plan that meets or exceeds the
482	requirements of the United States Department of Agriculture.
483	(c)  Best management practices adopted by rule pursuant to
484	s. 403.067(7)(d) or s. 570.085(2).
485	(3)  The Soil and Water Conservation Council created by s.
486	582.06 may develop and recommend to the department for adoption
487	additional criteria for receipt of an agricultural certification
488	which may include, but not be limited to:
489	(a)  Comprehensive management of all on-farm resources.
490	(b)  Promotion of environmental awareness and responsible
491	resource stewardship in agricultural or urban communities.
492	(c)  Completion of a curriculum of study that is related to
493	environmental issues and regulation.
494	(4)  If needed, the department and the Institute of Food
495	and Agricultural Sciences at the University of Florida may
496	jointly develop a curriculum that provides instruction
497	concerning environmental issues pertinent to agricultural
498	certification and deliver such curriculum to, and certify its
499	completion by, any person seeking certification or to maintain
500	certification.
501	(5)  The department may enter into agreements with third-
502	party providers to administer or implement all or part of the
503	program.
504	Section 18.  Paragraph (a) of subsection (4) of section
505	570.9135, Florida Statutes, is amended to read:
506	570.9135  Beef Market Development Act; definitions; Florida
507	Beef Council, Inc., creation, purposes, governing board, powers,
508	and duties; referendum on assessments imposed on gross receipts
509	from cattle sales; payments to organizations for services;
510	collecting and refunding assessments; vote on continuing the
511	act; council bylaws.--
512	(4)  FLORIDA BEEF COUNCIL, INC.; CREATION; PURPOSES.--
513	(a)  There is created the Florida Beef Council, Inc., a
514	not-for-profit corporation organized under the laws of this
515	state and operating as a direct-support direct-service
516	organization of the department.
517	Section 19.  Subsections (2) and (5) of section 570.952,
518	Florida Statutes, are amended to read:
519	570.952  Florida Agriculture Center and Horse Park
520	Authority.--
521	(2)  The authority shall be composed of 21 members
522	appointed by the commissioner.
523	(a)  Members shall include:
524	1.  Three citizens-at-large, who shall represent the views
525	of the general public toward agriculture and equine activities
526	in the state.
527	2.  One representative from the Department of Agriculture
528	and Consumer Services.
529	3.  One representative from Enterprise Florida, Inc.
530	4.  One representative from the Department of Environmental
531	Protection, Office of Greenways and Trails.
532	5.  One member of the Ocala/Marion County Chamber of
533	Commerce.
534	6.  Two representatives of the tourism or hospitality
535	industry.
536	7.  Three representatives of the commercial agriculture
537	industry.
538	8.  Three representatives from recognized horse breed
539	associations.
540	9.  One representative of the veterinary industry.
541	10.  Three representatives from the competitive equine
542	industry.
543	11.  One representative from the horse pleasure and trail
544	riding industry.
545	12.  One representative recommended by the Board of County
546	Commissioners of Marion County.
547	(a)(b)  Initially, the commissioner shall appoint 11
548	members for 4-year terms and 10 members for 2-year terms.
549	Thereafter, each member shall be appointed for a term of 4 years
550	from the date of appointment, except that a vacancy shall be
551	filled by appointment for the remainder of the term.
552	(b)(c)  Any member of the authority who fails to attend
553	three consecutive authority meetings without good cause shall be
554	deemed to have resigned from the authority. The commissioner
555	shall appoint a person representing the same interest or trade
556	as the resigning member. Current members shall continue to serve
557	until successors are appointed.
558	(c)  Terms for members appointed prior to July 1, 2005,
559	shall expire on July 1, 2005.
560	(5)  The commissioner shall submit information annually to
561	the Speaker of the House of Representatives and the President of
562	the Senate reporting the activities of the Florida Agriculture
563	Center and Horse Park Authority and the progress of the Florida
564	Agriculture Center and Horse Park, including, but not limited
565	to, pertinent planning, budgeting, and operational information
566	concerning the authority.
567	Section 20.  Subsections (15) through (29) of section
568	581.011, Florida Statutes, are renumbered as subsections (16)
569	through (30), respectively and a new subsection (15) is added to
570	said section to read:
571	581.011  Definitions.--As used in this chapter:
572	(15)  "Invasive plant" means a naturalized exotic plant
573	that disrupts naturally occurring native plant communities.
574	Section 21.  Subsection (4) is added to section 581.083,
575	Florida Statutes, to read:
576	581.083  Introduction or release of plant pests, noxious
577	weeds, or organisms affecting plant life; cultivation of
578	nonnative plants; special permit and security required.--
579	(4)  A person may not cultivate a nonnative plant,
580	including a genetically engineered plant or a plant that has
581	been introduced, for purposes of fuel production or purposes
582	other than agriculture in plantings greater in size than 2
583	contiguous acres, except under a special permit issued by the
584	department through the division, which is the sole agency
585	responsible for issuing such special permits. Such a permit
586	shall not be required if the department determines, in
587	conjunction with the Institute of Food and Agricultural Sciences
588	at the University of Florida, that the plant is not invasive and
589	subsequently exempts the plant by rule.
590	(a)1.  Each application for a special permit must be
591	accompanied by a fee as described in subsection (2) and proof
592	that the applicant has obtained a bond in the form approved by
593	the department and issued by a surety company admitted to do
594	business in this state or a certificate of deposit. The
595	application must include, on a form provided by the department,
596	the name of the applicant and the applicant's address or the
597	address of the applicant's principal place of business; a
598	statement completely identifying the nonnative plant to be
599	cultivated; and a statement of the estimated cost of removing
600	and destroying the plant that is the subject of the special
601	permit and the basis for calculating or determining that
602	estimate. If the applicant is a corporation, partnership, or
603	other business entity, the applicant must also provide in the
604	application the name and address of each officer, partner, or
605	managing agent. The applicant shall notify the department within
606	10 business days of any change of address or change in the
607	principal place of business. The department shall mail all
608	notices to the applicant's last known address.
609	2.  As used in this subsection, the term "certificate of
610	deposit" means a certificate of deposit at any recognized
611	financial institution doing business in the United States. The
612	department may not accept a certificate of deposit in connection
613	with the issuance of a special permit unless the issuing
614	institution is properly insured by the Federal Deposit Insurance
615	Corporation or the Federal Savings and Loan Insurance
616	Corporation.
617	(b)  Upon obtaining a permit, the permitholder may annually
618	cultivate and maintain the nonnative plants as authorized by the
619	special permit. If the permitholder ceases to maintain or
620	cultivate the plants authorized by the special permit, if the
621	permit expires, or if the permitholder ceases to abide by the
622	conditions of the special permit, the permitholder shall
623	immediately remove and destroy the plants that are subject to
624	the permit, if any remain. The permitholder shall notify the
625	department of the removal and destruction of the plants within
626	10 days after such event.
627	(c)  If the department:
628	1.  Determines that the permitholder is no longer
629	maintaining or cultivating the plants subject to the special
630	permit and has not removed and destroyed the plants authorized
631	by the special permit;
632	2.  Determines that the continued maintenance or
633	cultivation of the plants presents an imminent danger to public
634	health, safety, or welfare;
635	3.  Determines that the permitholder has exceeded the
636	conditions of the authorized special permit; or
637	4.  Receives a notice of cancellation of the surety bond,
638
639	the department may issue an immediate final order, which shall
640	be immediately appealable or enjoinable as provided by chapter
641	120, directing the permitholder to immediately remove and
642	destroy the plants authorized to be cultivated under the special
643	permit. A copy of the immediate final order shall be mailed to
644	the permitholder and to the surety company or financial
645	institution that has provided security for the special permit,
646	if applicable.
647	(d)  If, upon issuance by the department of an immediate
648	final order to the permitholder, the permitholder fails to
649	remove and destroy the plants subject to the special permit
650	within 60 days after issuance of the order, or such shorter
651	period as is designated in the order as public health, safety,
652	or welfare requires, the department may enter the cultivated
653	acreage and remove and destroy the plants that are the subject
654	of the special permit. If the permitholder makes a written
655	request to the department for an extension of time to remove and
656	destroy the plants that demonstrates specific facts showing why
657	the plants could not reasonably be removed and destroyed in the
658	applicable timeframe, the department may extend the time for
659	removing and destroying plants subject to a special permit. The
660	reasonable costs and expenses incurred by the department for
661	removing and destroying plants subject to a special permit shall
662	be reimbursed to the department by the permitholder within 21
663	days after the date the permitholder and the surety company or
664	financial institution are served a copy of the department's
665	invoice for the costs and expenses incurred by the department to
666	remove and destroy the cultivated plants, along with a notice of
667	administrative rights, unless the permitholder or the surety
668	company or financial institution object to the reasonableness of
669	the invoice. In the event of an objection, the permitholder or
670	surety company or financial institution is entitled to an
671	administrative proceeding as provided by chapter 120. Upon entry
672	of a final order determining the reasonableness of the incurred
673	costs and expenses, the permitholder shall have 15 days
674	following service of the final order to reimburse the
675	department. Failure of the permitholder to timely reimburse the
676	department for the incurred costs and expenses entitles the
677	department to reimbursement from the applicable bond or
678	certificate of deposit.
679	(e)  Each permitholder shall maintain for each separate
680	growing location a bond or a certificate of deposit in an amount
681	determined by the department, but not less than 150 percent of
682	the estimated cost of removing and destroying the cultivated
683	plants. The bond or certificate of deposit may not exceed $5,000
684	per acre, unless a higher amount is determined by the department
685	to be necessary to protect the public health, safety, and
686	welfare or unless an exemption is granted by the department
687	based on conditions specified in the application which would
688	preclude the department from incurring the cost of removing and
689	destroying the cultivated plants and would prevent injury to the
690	public health, safety, and welfare. The aggregate liability of
691	the surety company or financial institution to all persons for
692	all breaches of the conditions of the bond or certificate of
693	deposit may not exceed the amount of the bond or certificate of
694	deposit. The original bond or certificate of deposit required by
695	this subsection shall be filed with the department. A surety
696	company shall give the department 30 days' written notice of
697	cancellation, by certified mail, in order to cancel a bond.
698	Cancellation of a bond does not relieve a surety company of
699	liability for paying to the department all costs and expenses
700	incurred or to be incurred for removing and destroying the
701	permitted plants covered by an immediate final order authorized
702	under paragraph (c). A bond or certificate of deposit must be
703	provided or assigned in the exact name in which an applicant
704	applies for a special permit. The penal sum of the bond or
705	certificate of deposit to be furnished to the department by a
706	permitholder in the amount specified in this paragraph must
707	guarantee payment of the costs and expenses incurred or to be
708	incurred by the department for removing and destroying the
709	plants cultivated under the issued special permit. The bond or
710	certificate of deposit assignment or agreement must be upon a
711	form prescribed or approved by the department and must be
712	conditioned to secure the faithful accounting for and payment of
713	all costs and expenses incurred by the department for removing
714	and destroying all plants cultivated under the special permit.
715	The bond or certificate of deposit assignment or agreement must
716	include terms binding the instrument to the Commissioner of
717	Agriculture. Such certificate of deposit shall be presented with
718	an assignment of the permitholder's rights in the certificate in
719	favor of the Commissioner of Agriculture on a form prescribed by
720	the department and with a letter from the issuing institution
721	acknowledging that the assignment has been properly recorded on
722	the books of the issuing institution and will be honored by the
723	issuing institution. Such assignment is irrevocable while a
724	special permit is in effect and for an additional period of 6
725	months after termination of the special permit if operations to
726	remove and destroy the permitted plants are not continuing and
727	if the department's invoice remains unpaid by the permitholder
728	under the issued immediate final order. If operations to remove
729	and destroy the plants are pending, the assignment remains in
730	effect until all plants are removed and destroyed and the
731	department's invoice has been paid. The bond or certificate of
732	deposit may be released by the assignee of the surety company or
733	financial institution to the permitholder, or to the
734	permitholder's successors, assignee, or heirs, if operations to
735	remove and destroy the permitted plants are not pending and no
736	invoice remains unpaid at the conclusion of 6 months after the
737	last effective date of the special permit. The department may
738	not accept a certificate of deposit that contains any provision
739	that would give to any person any prior rights or claim on the
740	proceeds or principal of such certificate of deposit. The
741	department shall determine by rule whether an annual bond or
742	certificate of deposit will be required. The amount of such bond
743	or certificate of deposit shall be increased, upon order of the
744	department, at any time if the department finds such increase to
745	be warranted by the cultivating operations of the permitholder.
746	In the same manner, the amount of such bond or certificate of
747	deposit may be decreased when a decrease in the cultivating
748	operations warrants such decrease. This paragraph applies to any
749	bond or certificate of deposit, regardless of the anniversary
750	date of its issuance, expiration, or renewal.
751	(f)  In order to carry out the purposes of this subsection,
752	the department or its agents may require from any permitholder
753	verified statements of the cultivated acreage subject to the
754	special permit and may review the permitholder's business or
755	cultivation records at her or his place of business during
756	normal business hours in order to determine the acreage
757	cultivated. The failure of a permitholder to furnish such
758	statement, to make such records available, or to make and
759	deliver a new or additional bond or certificate of deposit is
760	cause for suspension of the special permit. If the department
761	finds such failure to be willful, the special permit may be
762	revoked.
763	Section 22.  Subsection (3) of section 585.002, Florida
764	Statutes, is amended to read:
765	585.002  Department control; continuance of powers, duties,
766	rules, orders, etc.--
767	(3)  The department, to the exclusion of all other state
768	agencies, shall have regulatory authority over the possession,
769	control, care, and maintenance of ostriches, emus, and rheas,
770	and bison domesticated and confined for commercial farming
771	purposes, except those kept and maintained on hunting preserves
772	or game farms or primarily for exhibition purposes in zoos,
773	carnivals, circuses, and other such establishments where such
774	species are kept primarily for display to the public.
775	Section 23.  Paragraph (c) of subsection (3) of section
776	590.125, Florida Statutes, is amended to read:
777	590.125  Open burning authorized by the division.--
778	(3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
779	PURPOSE.--
780	(c)  Neither a property owner nor or his or her agent is
781	neither liable pursuant to s. 590.13 for damage or injury caused
782	by the fire or resulting smoke or nor considered to be in
783	violation of subsection (2) for burns conducted in accordance
784	with this subsection unless gross negligence is proven.
785	Section 24.  Assessment of obsolete agricultural
786	equipment.--
787	(1)  For purposes of assessment for ad valorem property
788	taxes, obsolete agricultural equipment shall be deemed to have a
789	market value no greater than its value for salvage. As used in
790	this section, the term "agricultural equipment" means any
791	equipment that qualifies for the sales tax exemption provided in
792	s. 212.08(3), Florida Statutes, wherever purchased. Agricultural
793	equipment shall be considered obsolete for purposes of this
794	section if it has been discarded, outmoded, fully depreciated
795	over its useful life, or is no longer in general use.
796	(2)  Any taxpayer claiming the right of assessment for ad
797	valorem taxes under the provisions of this section shall so
798	state in a return filed as provided by law, giving a brief
799	description of the equipment and its use. The property appraiser
800	may require the taxpayer to produce any additional information
801	as necessary in order to establish the taxpayer's right to have
802	such property classified as obsolete under this section for
803	purposes of the assessment.
804	Section 25.  If any provision of this act or the
805	application thereof to any person or circumstances is held
806	invalid, the invalidity shall not affect other provisions or
807	applications of the act which can be given effect without the
808	invalid provision or application and, to this end, the
809	provisions of this act are declared severable.
810	Section 26.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.