CS/HB 761

1
A bill to be entitled
2An act relating to agriculture; amending s. 163.3162,
3F.S.; prohibiting county government enforcement of certain
4ordinances, resolutions, regulations, rules, or policies
5relating to certain activities of bona fide farm operation
6on land classified as agricultural; prohibiting county
7government imposition of an assessment or fee for
8stormwater management on agricultural land meeting certain
9requirements; amending s. 205.064, F.S.; expanding
10eligibility for exemption from a local business tax
11receipt for the privilege of selling specified products;
12amending s. 373.1395, F.S.; providing indemnity for an
13agricultural landowner for easement or any other right
14secured by a water management district for access to lands
15the district provides or makes available to the public;
16delineating what is covered by indemnification for
17landowners and water management districts; providing that
18agricultural landowners and water management districts are
19liable for gross negligence and certain other acts as
20specified; creating s. 500.70, F.S.; delineating
21requirements for a tomato farmer, packer, repacker, or
22handler to be considered in compliance with state food
23safety microbial standards and guidelines; amending s.
24570.07, F.S.; providing that the Department of Agriculture
25and Consumer Services may adopt by rule comprehensive best
26management practices for agricultural production and food
27safety; amending s. 581.091, F.S.; providing conditions
28for use of Casuarina cunninghamiana as a windbreak for
29commercial citrus groves; defining the term "commercial
30citrus grove"; providing for permitting and permit fees;
31providing for destruction of Casuarina cunninghamiana;
32specifying responsibility and liability for removal and
33destruction of such trees; providing that use as a
34windbreak does not preclude research or release of agents
35to control Casuarina spp.; providing that the use of
36Casuarina cunninghamiana for windbreaks does not interfere
37with or restrict efforts to manage or control noxious
38weeds or invasive plants; prohibiting any other agency or
39local government from removing Casuarina cunninghamiana
40planted as a windbreak under special permit; amending s.
41583.13, F.S.; revising the labeling and advertising
42requirements for dressed poultry; amending s. 604.15,
43F.S.; revising a definition to make tropical foliage
44exempt from regulation under provisions relating to
45dealers in agricultural products; amending s. 604.50,
46F.S.; expanding county and municipal exemptions for
47nonresidential farm buildings to include permits and
48impact fees; amending s. 823.145, F.S.; expanding the
49materials used in agricultural operations that can be
50openly burned; providing certain limitations on such
51burning; amending s. 849.094, F.S.; revising certain game
52promotion filing requirements; providing an effective
53date.
54
55Be It Enacted by the Legislature of the State of Florida:
56
57     Section 1.  Subsection (4) of section 163.3162, Florida
58Statutes, is amended to read:
59     163.3162  Agricultural Lands and Practices Act.--
60     (4)  DUPLICATION OF REGULATION.--Except as otherwise
61provided in this section and s. 487.051(2), and notwithstanding
62any other law, including any provision of chapter 125 or this
63chapter, a county may not exercise any of its powers to adopt or
64enforce any ordinance, resolution, regulation, rule, or policy
65to prohibit, restrict, regulate, or otherwise limit an activity
66of a bona fide farm operation on land classified as agricultural
67land pursuant to s. 193.461, if such activity is regulated
68through implemented best management practices, interim measures,
69or regulations developed by the Department of Environmental
70Protection, the Department of Agriculture and Consumer Services,
71or a water management district and adopted under chapter 120 as
72part of a statewide or regional program; or if such activity is
73expressly regulated by the United States Department of
74Agriculture, the United States Army Corps of Engineers, or the
75United States Environmental Protection Agency. A county may not
76impose an assessment or fee for stormwater management or a
77stormwater tax imposed by a municipal services taxing unit on
78land classified as agricultural land pursuant to s. 193.461, if
79the agricultural operation has an agricultural discharge permit
80or implements best management practices developed by the
81Department of Environmental Protection, the Department of
82Agriculture and Consumer Services, or a water management
83district and adopted under chapter 120 as part of a statewide or
84regional program.
85     (a)  When an activity of a farm operation takes place
86within a wellfield protection area as defined in any wellfield
87protection ordinance adopted by a county, and the implemented
88best management practice, regulation, or interim measure does
89not specifically address wellfield protection, a county may
90regulate that activity pursuant to such ordinance. This
91subsection does not limit the powers and duties provided for in
92s. 373.4592 or limit the powers and duties of any county to
93address an emergency as provided for in chapter 252.
94     (b)  This subsection may not be construed to permit an
95existing farm operation to change to a more excessive farm
96operation with regard to traffic, noise, odor, dust, or fumes
97where the existing farm operation is adjacent to an established
98homestead or business on March 15, 1982.
99     (c)  This subsection does not limit the powers of a
100predominantly urbanized county with a population greater than
1011,500,000 and more than 25 municipalities, not operating under a
102home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
103VIII of the Constitution of 1885, as preserved by s. 6(e), Art.
104VIII of the Constitution of 1968, which has a delegated
105pollution control program under s. 403.182 and includes drainage
106basins that are part of the Everglades Stormwater Program, to
107enact ordinances, regulations, or other measures to comply with
108the provisions of s. 373.4592, or which are necessary to
109carrying out a county's duties pursuant to the terms and
110conditions of any environmental program delegated to the county
111by agreement with a state agency.
112     (d)  For purposes of this subsection, a county ordinance
113that regulates the transportation or land application of
114domestic wastewater residuals or other forms of sewage sludge
115shall not be deemed to be duplication of regulation.
116     Section 2.  Subsection (1) of section 205.064, Florida
117Statutes, is amended to read:
118     205.064  Farm, aquacultural, grove, horticultural,
119floricultural, tropical piscicultural, and tropical fish farm
120products; certain exemptions.--
121     (1)  A local business tax receipt is not required of any
122natural person for the privilege of engaging in the selling of
123farm, aquacultural, grove, horticultural, floricultural,
124tropical piscicultural, or tropical fish farm products, or
125products manufactured therefrom, except intoxicating liquors,
126wine, or beer, when such products were grown or produced by such
127natural person in the state.
128     Section 3.  Subsection (2) and paragraph (a) of subsection
129(3) of section 373.1395, Florida Statutes, are amended, present
130subsection (4) is renumbered as subsection (5) and amended,
131present subsection (5) is renumbered as subsection (6), and a
132new subsection (4) is added to that section, to read:
133     373.1395  Limitation on liability of water management
134district with respect to areas made available to the public for
135recreational purposes without charge.--
136     (2)  Except as provided in subsection (5) (4), a water
137management district that provides the public with a park area or
138other land for outdoor recreational purposes, or allows access
139over district lands for recreational purposes, owes no duty of
140care to keep that park area or land safe for entry or use by
141others or to give warning to persons entering or going on that
142park area or land of any hazardous conditions, structures, or
143activities thereon. A water management district that provides
144the public with a park area or other land for outdoor
145recreational purposes does not, by providing that park area or
146land, extend any assurance that such park area or land is safe
147for any purpose, does not incur any duty of care toward a person
148who goes on that park area or land, and is not responsible for
149any injury to persons or property caused by an act or omission
150of a person who goes on that park area or land. This subsection
151does not apply if there is any charge made or usually made for
152entering or using the park area or land, or if any commercial or
153other activity from which profit is derived from the patronage
154of the public is conducted on such park area or land or any part
155thereof.
156     (3)(a)  Except as provided in subsection (5) (4), a water
157management district that leases any land or water area to the
158state for outdoor recreational purposes, or for access to
159outdoor recreational purposes, owes no duty of care to keep that
160land or water area safe for entry or use by others or to give
161warning to persons entering or going on that land or water of
162any hazardous conditions, structures, or activities thereon. A
163water management district that leases a land or water area to
164the state for outdoor recreational purposes does not, by giving
165such lease, extend any assurance that such land or water area is
166safe for any purpose, incur any duty of care toward a person who
167goes on the leased land or water area, and is not responsible
168for any injury to persons or property caused by an act or
169omission of a person who goes on the leased land or water area.
170     (4)  Where a water management district has secured an
171easement, or other right, that is being used for the purpose of
172providing access through private land classified as agricultural
173land pursuant to s. 193.461 to lands that the water management
174district provides or makes available to the public for outdoor
175recreational purposes, the water management district shall
176indemnify and save harmless the owner of the agricultural land
177from any liability arising from use of such easement by the
178general public or by the employees and agents of the water
179management district or other regulatory agencies. Except as
180provided in subsection (5), a water management district that
181enters into such easement owes no duty of care to keep that
182access area safe for entry or use by others or to give warning
183to persons entering or going on that access area of any
184hazardous conditions, structures, or activities thereon. A water
185management district that secures such an easement does not, by
186securing the easement, extend any assurance that such access
187area is safe for any purpose or incur any duty of care toward a
188person who goes on the access area and is not responsible for
189any injury to persons or property caused by an act of omission
190of a person who uses the access area.
191     (5)(4)  This section does not relieve any water management
192district or agricultural landowner of any liability that would
193otherwise exist for gross negligence or a deliberate, willful,
194or malicious injury to a person or property. This section does
195not create or increase the liability of any water management
196district or person beyond that which is authorized by s. 768.28.
197     (6)(5)  The term "outdoor recreational purposes," as used
198in this section, includes activities such as, but not limited
199to, horseback riding, hunting, fishing, bicycling, swimming,
200boating, camping, picnicking, hiking, pleasure driving, nature
201study, water skiing, motorcycling, and visiting historical,
202archaeological, scenic, or scientific sites.
203     Section 4.  Section 500.70, Florida Statutes, is created to
204read:
205     500.70  Food safety compliance relating to tomatoes.--A
206tomato farmer, packer, repacker, or handler that implements
207applicable good agricultural practices and best management
208practices according to rules adopted by the department is
209considered to have acted in good faith, with reasonable care,
210and in compliance with state food safety microbial standards or
211guidelines unless a violation of or noncompliance with such
212measures can be shown through inspections.
213     Section 5.  Subsection (10) of section 570.07, Florida
214Statutes, is amended to read:
215     570.07  Department of Agriculture and Consumer Services;
216functions, powers, and duties.--The department shall have and
217exercise the following functions, powers, and duties:
218     (10)  To act as adviser to producers and distributors, when
219requested, and to assist them in the economical and efficient
220distribution of their agricultural products and to encourage
221cooperative effort among producers to gain economical and
222efficient production of agricultural products. The department
223may adopt by rule, pursuant to ss. 120.536(1) and 120.54,
224comprehensive best management practices for agricultural
225production and food safety.
226     Section 6.  Subsection (5) is added to section 581.091,
227Florida Statutes, to read:
228     581.091  Noxious weeds and infected plants or regulated
229articles; sale or distribution; receipt; information to
230department; withholding information.--
231     (5)(a)  Notwithstanding any other provision of state law or
232rule, a person may obtain a special permit from the department
233to plant Casuarina cunninghamiana as a windbreak for a
234commercial citrus grove provided the plants are produced in an
235authorized registered nursery and certified by the department as
236being vegetatively propagated from male plants. A "commercial
237citrus grove" means a contiguous planting of 100 or more citrus
238trees where citrus fruit is produced for sale.
239     (b)  For a 5-year period, special permits authorizing a
240person to plant Casuarina cunninghamiana shall be issued only as
241part of a pilot program for fresh fruit groves in areas of
242Indian River, St. Lucie, and Martin Counties where citrus canker
243is determined by the department to be widespread. The pilot
244program shall be reevaluated annually and a comprehensive review
245shall be conducted in 2013. The purpose of the annual and 5-year
246reviews is to determine if the use of Casuarina cunninghamiana
247as an agricultural pest and disease windbreak poses any adverse
248environmental consequences. At the end of the 5-year pilot
249program, if the Noxious Weed and Invasive Plant Review
250Committee, created by the department, and the Department of
251Environmental Protection, in consultation with a representative
252of the citrus industry who has a Casuarina cunninghamiana
253windbreak, determine that the potential is low for adverse
254environmental impacts from planting Casuarina cunninghamiana as
255windbreaks, the department may, by rule, allow the use of
256Casuarina cunninghamiana windbreaks for commercial citrus groves
257in other areas of the state. If it is determined at the end of
258the 5-year pilot program that additional time is needed to
259further evaluate Casuarina cunninghamiana, the department will
260remain the lead agency.
261     (c)  Each application for a special permit shall be
262accompanied by a fee in an amount determined by the department,
263by rule, not to exceed $500. A special permit shall be required
264for each noncontiguous commercial citrus grove and shall be
265renewed every 5 years. The property owner is responsible for
266maintaining and producing for inspection the original nursery
267invoice with certification documentation. If ownership of the
268property is transferred, the seller must notify the department
269and provide the buyer with a copy of the special permit and
270copies of all invoices and certification documentation prior to
271the closing of the sale.
272     (d)  Each application shall include a baseline survey of
273all lands within 500 feet of the proposed Casuarina
274cunninghamiana windbreak showing the location and identification
275to species of all existing Casuarina spp.
276     (e)  Nurseries authorized to produce Casuarina
277cunninghamiana must obtain a special permit from the department
278certifying that the plants have been vegetatively propagated
279from sexually mature male source trees currently grown in the
280state. The importation of Casuarina cunninghamiana from any area
281outside the state to be used as a propagation source tree is
282prohibited. Each male source tree must be registered by the
283department as being a horticulturally true to type male plant
284and be labeled with a source tree registration number. Each
285nursery application for a special permit shall be accompanied by
286a fee in an amount determined by the department, by rule, not to
287exceed $200. Special permits shall be renewed annually. The
288department shall, by rule, set the amount of an annual fee, not
289to exceed $50, for each Casuarina cunninghamiana registered as a
290source tree. Nurseries may only sell Casuarina cunninghamiana to
291a person with a special permit as specified in paragraphs (a)
292and (b). The source tree registration numbers of the parent
293plants must be documented on each invoice or other certification
294documentation provided to the buyer.
295     (f)  All Casuarina cunninghamiana must be destroyed by the
296property owner within 6 months after:
297     1.  The property owner takes permanent action to no longer
298use the site for commercial citrus production;
299     2.  The site has not been used for commercial citrus
300production for a period of 5 years; or
301     3.  The department determines that the Casuarina
302cunninghamiana on the site has become invasive. This
303determination shall be based on, but not limited to, the
304recommendation of the Noxious Weed and Invasive Plant Review
305Committee and the Department of Environmental Protection and in
306consultation with a representative of the citrus industry who
307has a Casuarina cunninghamiana windbreak.
308
309If the owner or person in charge refuses or neglects to comply,
310the director or her or his authorized representative may, under
311authority of the department, proceed to destroy the plants. The
312expense of the destruction shall be assessed, collected, and
313enforced against the owner by the department. If the owner does
314not pay the assessed cost, the department may record a lien
315against the property.
316     (g)  The use of Casuarina cunninghamiana for windbreaks
317shall not preclude the department from issuing permits for the
318research or release of biological control agents to control
319Casuarina spp. in accordance with s. 581.083.
320     (h)  The use of Casuarina cunninghamiana for windbreaks
321shall not restrict or interfere with any other agency or local
322government effort to manage or control noxious weeds or invasive
323plants, including Casuarina cunninghamiana, nor shall any other
324agency or local government remove any Casuarina cunninghamiana
325planted as a windbreak under special permit issued by the
326department.
327     (i)  The department shall develop and implement a
328monitoring protocol to determine invasiveness of Casuarina
329cunninghamiana. The monitoring protocol shall at a minimum,
330require:
331     1.  Inspection of the planting site by department
332inspectors within 30 days following initial planting or any
333subsequent planting of Casuarina cunninghamiana to ensure the
334criteria of the special permit have been met.
335     2.  Annual site inspections of planting sites and all lands
336within 500 feet of the planted windbreak by department
337inspectors who have been trained to identify Casuarina spp. and
338to make determinations of whether Casuarina cunninghamiana has
339spread beyond the permitted windbreak location.
340     3.  Any new seedlings found within 500 feet of the planted
341windbreak to be removed, identified to the species level, and
342evaluated to determine if hybridization has occurred.
343     4.  The department to submit an annual report and a final
3445-year evaluation identifying any adverse effects resulting from
345the planting of Casuarina cunninghamiana for windbreaks and
346documenting all inspections and the results of those inspections
347to the Noxious Weed and Invasive Plant Review Committee, the
348Department of Environmental Protection, and a designated
349representative of the citrus industry who has a Casuarina
350cunninghamiana windbreak.
351     (j)  If the department determines that female flowers or
352cones have been produced on any Casuarina cunninghamiana that
353have been planted under a special permit issued by the
354department, the property owner shall be responsible for
355destroying the trees. The department shall notify the property
356owner of the timeframe and method of destruction.
357     (k)  If at any time the department determines that
358hybridization has occurred during the pilot program between
359Casuarina cunninghamiana planted as a windbreak and other
360Casuarina spp., the department shall expeditiously initiate
361research to determine the invasiveness of the hybrid. The
362information obtained from this research shall be evaluated by
363the Noxious Weed and Invasive Plant Review Committee, the
364Department of Environmental Protection, and a designated
365representative of the citrus industry who has a Casuarina
366cunninghamiana windbreak. If the department determines that the
367hybrids have a high potential to become invasive, based on, but
368not limited to, the recommendation of the Noxious Weed and
369Invasive Plant Review Committee, the Department of Environmental
370Protection, and a designated representative of the citrus
371industry who has a Casuarina cunninghamiana windbreak, this
372pilot program shall be permanently suspended.
373     (l)  Each application for a special permit must be
374accompanied by a fee as described in paragraph (c) and an
375agreement that the property owner will abide by all permit
376conditions including the removal of Casuarina cunninghamiana if
377invasive populations or other adverse environmental factors are
378determined to be present by the department as a result of the
379use of Casuarina cunninghamiana as windbreaks. The application
380must include, on a form provided by the department, the name of
381the applicant and the applicant's address or the address of the
382applicant's principal place of business; a statement of the
383estimated cost of removing and destroying the Casuarina
384cunninghamiana that is the subject of the special permit; and
385the basis for calculating or determining that estimate. If the
386applicant is a corporation, partnership, or other business
387entity, the applicant must also provide in the application the
388name and address of each officer, partner, or managing agent.
389The applicant shall notify the department within 30 business
390days of any change of address or change in the principal place
391of business. The department shall mail all notices to the
392applicant's last known address.
393     1.  Upon obtaining a permit, the permitholder must annually
394maintain the Casuarina cunninghamiana authorized by a special
395permit as required in the permit. If the permitholder ceases to
396maintain the Casuarina cunninghamiana as required by the special
397permit, if the permit expires, or if the permitholder ceases to
398abide by the conditions of the special permit, the permitholder
399shall remove and destroy the Casuarina cunninghamiana in a
400timely manner as specified in the permit.
401     2.  If the department:
402     a.  Determines that the permitholder is no longer
403maintaining the Casuarina cunninghamiana subject to the special
404permit and has not removed and destroyed the Casuarina
405cunninghamiana authorized by the special permit;
406     b.  Determines that the continued use of Casuarina
407cunninghamiana as windbreaks presents an imminent danger to
408public health, safety, or welfare; or
409     c.  Determines that the permitholder has exceeded the
410conditions of the authorized special permit;
411
412The department may issue an immediate final order, which shall
413be immediately appealable or enjoinable as provided by chapter
414120, directing the permitholder to immediately remove and
415destroy the Casuarina cunninghamiana authorized to be planted
416under the special permit. A copy of the immediate final order
417shall be mailed to the permitholder.
418     3.  If, upon issuance by the department of an immediate
419final order to the permitholder, the permitholder fails to
420remove and destroy the Casuarina cunninghamiana subject to the
421special permit within 60 days after issuance of the order, or
422such shorter period as is designated in the order as public
423health, safety, or welfare requires, the department may remove
424and destroy the Casuarina cunninghamiana that are the subject of
425the special permit. If the permitholder makes a written request
426to the department for an extension of time to remove and destroy
427the Casuarina cunninghamiana that demonstrates specific facts
428showing why the Casuarina cunninghamiana could not reasonably be
429removed and destroyed in the applicable timeframe, the
430department may extend the time for removing and destroying
431Casuarina cunninghamiana subject to a special permit. The
432reasonable costs and expenses incurred by the department for
433removing and destroying Casuarina cunninghamiana subject to a
434special permit shall be paid out of the Citrus Inspection Trust
435Fund and shall be reimbursed by the party to which the immediate
436final order is issued. If the party to which the immediate final
437order has been issued fails to reimburse the state within 60
438days, the department may record a lien on the property. The lien
439shall be enforced by the department.
440     4.  In order to carry out the purposes of this paragraph,
441the department or its agents may require a permitholder to
442provide verified statements of the planted acreage subject to
443the special permit and may review the permitholder's business or
444planting records at her or his place of business during normal
445business hours in order to determine the acreage planted. The
446failure of a permitholder to furnish such statement or to make
447such records available is cause for suspension of the special
448permit. If the department finds such failure to be willful, the
449special permit may be revoked.
450     Section 7.  Section 583.13, Florida Statutes, is amended to
451read:
452     583.13  Labeling and advertising requirements for dressed
453poultry; unlawful acts.--
454     (1)  It is unlawful for any dealer or broker to sell, offer
455for sale, or hold for the purpose of sale in the state any
456dressed or ready-to-cook poultry in bulk unless such poultry is
457packed in a container clearly bearing a label, not less than 3
458inches by 5 inches, on which shall be plainly and legibly
459printed, in letters not less than one-fourth inch 1/4 in height,
460the grade and the part name or whole-bird statement of such
461poultry. The grade may be expressed in the term "premium,"
462"good," or "standard," or as the grade of another state or
463federal agency the standards of quality of which, by law, are
464equal to the standards of quality provided by this law and rules
465promulgated hereunder.
466     (2)  It is unlawful to sell unpackaged dressed or ready-to-
467cook poultry at retail unless such poultry is labeled by a
468placard immediately adjacent to the poultry or unless each bird
469is individually labeled to show the grade and the part name or
470whole-bird statement. The placard shall be no smaller than 7
471inches by 7 inches in size, and the required labeling
472information shall be legibly and plainly printed on the placard
473in letters not smaller than 1 inch in height.
474     (3)  It is unlawful to sell packaged dressed or ready-to-
475cook poultry at retail unless such poultry is labeled to show
476the grade, the part name or whole-bird statement, the net weight
477of the poultry, and the name and address of the dealer. The size
478of the type on the label must be one-eighth inch or larger. A
479placard immediately adjacent to such poultry may be used to
480indicate the grade and the part name or whole-bird statement,
481but not the net weight of the poultry or the name and address of
482the dealer.
483     (4)  It is unlawful to use dressed or ready-to-cook poultry
484in bulk in the preparation of food served to the public, or to
485hold such poultry for the purpose of such use, unless the
486poultry when received was packed in a container clearly bearing
487a label, not less than 3 inches by 5 inches, on which was
488plainly and legibly printed, in letters not less than one-fourth
489inch in height, the grade and the part name or whole-bird
490statement of such poultry. The grade may be expressed in the
491term "premium," "good," or "standard," or as the grade of
492another state or federal agency the standards of quality of
493which, by law, are equal to the standards of quality provided by
494this law and rules promulgated hereunder.
495     (5)  It is unlawful to offer dressed or ready-to-cook
496poultry for sale in any advertisement in a newspaper or
497circular, on radio or television, or in any other form of
498advertising without plainly designating in such advertisement
499the grade and the part name or whole-bird statement of such
500poultry.
501     Section 8.  Subsection (1) of section 604.15, Florida
502Statutes, is amended to read:
503     604.15  Dealers in agricultural products; definitions.--For
504the purpose of ss. 604.15-604.34, the following words and terms,
505when used, shall be construed to mean:
506     (1)  "Agricultural products" means the natural products of
507the farm, nursery, grove, orchard, vineyard, garden, and apiary
508(raw or manufactured); sod; tropical foliage; horticulture; hay;
509livestock; milk and milk products; poultry and poultry products;
510the fruit of the saw palmetto (meaning the fruit of the Serenoa
511repens); limes (meaning the fruit Citrus aurantifolia, variety
512Persian, Tahiti, Bearss, or Florida Key limes); and any other
513nonexempt agricultural products produced in the state, except
514tobacco, sugarcane, tropical foliage, timber and timber
515byproducts, forest products as defined in s. 591.17, and citrus
516other than limes.
517     Section 9.  Section 604.50, Florida Statutes, is amended to
518read:
519     604.50  Nonresidential farm buildings.--Notwithstanding any
520other law to the contrary, any nonresidential farm building is
521exempt from the Florida Building Code and any county or
522municipal building code, building code permit, or impact fee.
523For purposes of this section, the term "nonresidential farm
524building" means any building or support structure that is used
525for agricultural purposes, is located on a farm that is not used
526as a residential dwelling, and is located on land that is an
527integral part of a farm operation or is classified as
528agricultural land under s. 193.461. The term "farm" is as
529defined in s. 823.14.
530     Section 10.  Section 823.145, Florida Statutes, is amended
531to read:
532     823.145  Disposal by open burning of certain materials
533mulch plastic used in agricultural operations.--Polyethylene
534agricultural mulch plastic; damaged, nonsalvageable, untreated
535wood pallets; and packing material that cannot be feasibly
536recycled, which are used in connection with agricultural
537operations related to the growing, harvesting, or maintenance of
538crops, may be disposed of by open burning provided that no
539public nuisance or any condition adversely affecting the
540environment or the public health is created thereby and that
541state or federal national ambient air quality standards are not
542violated.
543     Section 11.  Subsection (11) is added to section 849.094,
544Florida Statutes, to read:
545     849.094  Game promotion in connection with sale of consumer
546products or services.--
547     (11)  An operator who elects to conduct a computer-based
548electronic sweepstakes game promotion in connection with the
549sale of a consumer product or service, regardless of the total
550announced value of the prizes offered, shall receive written
551approval from the Department of Agriculture and Consumer
552Services to conduct the game promotion when the operator:
553     (a)  Files an electronic sweepstakes game promotion
554application with the Department of Agriculture and Consumer
555Services consistent with subsection (3) containing a complete
556list of available sweepstakes prizes and the odds of winning
557each prize and pays a $100 fee per computer terminal provided by
558the operator to use in connection with the electronic
559sweepstakes game promotion;
560     (b)  Establishes a trust account or posts a surety bond in
561the amount of $1,000,000 per promotion unless specifically
562exempted by the Department of Agriculture and Consumer Services
563pursuant to paragraph (4)(b); and
564     (c)  Obtains an independent lab certification, by a
565Department of Agriculture and Consumer Services or Department of
566Business and Professional Regulation approved gaming device
567testing laboratory, confirming that the computer-based
568electronic sweepstakes game promotion is using a finite software
569game system to determine sweepstakes winners and all advertised
570prizes are obtainable, unless the operator is also exempt
571pursuant to paragraph (4)(b).
572     Section 12.  This act shall take effect July 1, 2008.


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