HB 7215

1	A bill to be entitled
2	An act relating to the Department of Agriculture and
3	Consumer Services; amending s. 14.24, F.S.; deleting
4	provisions requiring the reimbursement of members of the
5	Florida Commission on the Status of Women for per diem and
6	travel expenses; amending s. 20.14, F.S.; deleting a
7	provision establishing the Division of Dairy within the
8	department; amending s. 215.981, F.S.; exempting certain
9	direct-support organizations and citizen support
10	organizations for the department from obtaining an
11	independent audit; requiring the department to establish
12	accounting and financial management guidelines for such
13	organizations and annually review the operations and
14	finances of a selected number of such organizations;
15	amending s. 253.02, F.S.; providing for the grantee of
16	easements for electrical transmission to pay the lead
17	manager of the state-owned lands or, when there is no lead
18	manager, the Department of Environmental Protection if
19	suitable replacement uplands cannot be identified;
20	amending s. 261.04, F.S.; deleting provisions requiring
21	the reimbursement of members of the Off-Highway Vehicle
22	Recreation Advisory Committee for per diem and travel
23	expenses; amending s. 472.007, F.S.; deleting provisions
24	requiring compensation of members and former members of
25	the Board of Professional Surveyors and Mappers for
26	performing certain duties and reimbursement of members for
27	per diem and travel expenses; amending s. 482.051, F.S.;
28	providing additional methods for pest control licensees to
29	give certain emergency notice to the Department of
30	Agriculture and Consumer Services before performing
31	general fumigation; amending s. 482.071, F.S.; revising
32	the minimum bodily injury and property damage insurance
33	coverage required for pest control businesses; creating s.
34	482.072, F.S.; providing for licensure by the department
35	of pest control customer contact centers; providing
36	application requirements; providing for fees, licensure
37	renewal, licensure expiration, transfer of licenses, and
38	penalties; creating s. 482.157, F.S.; providing for
39	limited certification of commercial wildlife trappers;
40	providing requirements for certification, examination, and
41	fees; limiting the scope of work permitted by
42	certificateholders; clarifying that licensees who practice
43	accepted pest control methods are immune from liability
44	for violating laws prohibiting cruelty to animals;
45	providing for applicability; amending s. 482.226, F.S.;
46	revising the minimum financial responsibility requirements
47	for licensees that perform wood-destroying organism
48	inspections; amending s. 482.243, F.S.; deleting
49	provisions relating to the reimbursement of members of the
50	Pest Control Enforcement Advisory Council for expenses;
51	amending s. 487.041, F.S.; providing that registration,
52	supplemental, and late fees related to the registration of
53	pesticide brands with the department are nonrefundable;
54	providing requirements for label revisions of pesticide
55	brands; providing requirements for label revisions that
56	must be reviewed by the United States Environmental
57	Protection Agency; requiring payments of pesticide
58	registration fees to be submitted electronically by a date
59	certain; amending s. 487.0615, F.S.; deleting provisions
60	requiring the reimbursement of members of the Pesticide
61	Review Council for per diem and travel expenses; amending
62	s. 500.70, F.S.; requiring certain persons who produce,
63	harvest, pack, or repack tomatoes to register each
64	location of a tomato farm, tomato greenhouse, tomato
65	packinghouse, or tomato repacker by a specified date;
66	authorizing the department to set a registration fee;
67	requiring that funds collected be deposited into the
68	General Inspection Trust Fund; amending ss. 527.22 and
69	559.9221, F.S.; deleting provisions authorizing the
70	reimbursement of members of the Florida Propane Gas
71	Education, Safety, and Research Council and the Motor
72	Vehicle Repair Advisory Council for per diem and travel
73	expenses; amending s. 570.07, F.S.; revising the powers
74	and duties of the department relating to pollution control
75	and the prevention of wildfires; amending s. 570.0705,
76	F.S.; deleting provisions requiring the reimbursement for
77	per diem and travel expenses of members of certain ad hoc
78	advisory committees appointed by the Commissioner of
79	Agriculture; amending s. 570.074, F.S.; renaming the
80	Office of Water Coordination and revising its policy
81	jurisdiction; amending s. 570.18, F.S., to conform;
82	amending s. 570.23, F.S.; deleting provisions requiring
83	the reimbursement of members of the State Agricultural
84	Advisory Council for per diem and travel expenses;
85	amending s. 570.29, F.S.; deleting a provision
86	establishing the Division of Dairy Industry within the
87	department; amending ss. 570.38 and 570.382, F.S.;
88	deleting provisions requiring the reimbursement of members
89	of the Animal Industry Technical Council and the Arabian
90	Horse Council for per diem and travel expenses; repealing
91	ss. 570.40 and 570.41, F.S., relating to the powers and
92	duties of the Division of Dairy within the department and
93	the qualifications and duties of the division's director;
94	amending s. 570.42, F.S.; deleting provisions requiring
95	the reimbursement of members of the Dairy Industry
96	Technical Council for per diem and travel expenses;
97	amending s. 570.50, F.S.; requiring the Division of Food
98	Safety within the department to inspect certain dairy
99	farms and plants, perform certain analyses and tests, and
100	enforce certain rules and provisions of law; amending s.
101	570.543, F.S.; deleting provisions requiring the
102	reimbursement of members of the Florida Consumers' Council
103	for per diem and travel expenses; amending s. 570.954,
104	F.S.; removing the requirement that the department
105	coordinate with and solicit the expertise of the state
106	energy office when developing the farm-to-fuel initiative;
107	amending ss. 571.28, 573.112, 576.091, 580.151, 581.186,
108	and 586.161, F.S.; deleting provisions requiring the
109	reimbursement of members of the Florida Agricultural
110	Promotional Campaign Advisory Council, certain ad hoc
111	advisory councils appointed to advise the department
112	concerning the issuance of marketing orders, the
113	Fertilizer Technical Council, the Commercial Feed
114	Technical Council, the Endangered Plant Advisory Council,
115	and the Honeybee Technical Council for per diem and travel
116	expenses; amending s. 590.015, F.S.; revising and
117	providing definitions for purposes of forest protection;
118	amending s. 590.02, F.S.; authorizing forest operations
119	administrators to be certified as forestry firefighters;
120	providing the status of Selected Exempt Service to an
121	aviation manager and the Division of Forestry's training
122	coordinator; granting the department certain exclusive
123	authority over the Florida Building Code; authorizing the
124	department to retain, transfer, warehouse, bid, destroy,
125	scrap, or dispose of certain surplus equipment and
126	vehicles; authorizing the department to retain any moneys
127	received from the disposition of certain state-owned
128	equipment and vehicles; providing that moneys received may
129	be used for the acquisition of certain exchange and
130	surplus equipment and all necessary operating expenditures
131	related to the equipment; requiring the department to
132	maintain records of the accounts into which the money is
133	deposited; granting the department exclusive authority to
134	require and issue authorizations for broadcast burning,
135	agricultural pile burning, and silvicultural pile burning;
136	preempting other governmental entities from adopting laws,
137	regulations, rules, or policies pertaining to broadcast
138	burning, agricultural pile burning, or silvicultural pile
139	burning unless an emergency order has been declared;
140	authorizing the department to delegate its authority to a
141	county or municipality to issue authorizations for the
142	burning of yard trash and debris from land-clearing
143	operations; amending s. 590.125, F.S.; revising and
144	providing definitions relating to open burning
145	authorizations; specifying purposes of certified
146	prescribed burning; requiring the division's authorization
147	for certified pile burning; providing pile burning
148	requirements; limiting the liability of property owners or
149	agents engaged in pile burning; providing for the
150	certification of pile burners; providing penalties for
151	violations by certified pile burners; requiring the
152	division to adopt rules to regulate certified pile
153	burning; revising notice requirements for wildfire hazard
154	reduction treatments; requiring division approval of local
155	government open burning authorization programs; providing
156	program requirements; authorizing the division to resume
157	administration of a local government's program under
158	certain circumstances; providing penalties for violations
159	of local government open burning requirements; amending s.
160	590.14, F.S.; authorizing a division employee to issue a
161	notice of violation for any division rule; authorizing the
162	division to impose an administrative fine for a violation
163	of any division rule; providing penalties for certain
164	violations; providing legislative intent; amending ss.
165	597.005 and 599.002, F.S.; deleting provisions requiring
166	the reimbursement of members of the Aquaculture Review
167	Council and the Viticulture Advisory Council for per diem
168	and travel expenses; amending s. 616.252, F.S.; providing
169	for the appointment and term of a nonvoting youth member
170	of the Florida State Fair Authority; deleting provisions
171	requiring staggered terms; prohibiting the reimbursement
172	of members of the Florida State Fair Authority for per
173	diem and travel expenses; excluding the youth member from
174	compensation for special or full-time service performed on
175	behalf of the authority; amending s. 812.014, F.S.;
176	providing penalties for the theft of bee colonies of
177	registered beekeepers; amending s. 812.015, F.S.;
178	redefining the term "farmer" to include a person who grows
179	or produces honey; redefining the term "farm theft" to
180	include the unlawful taking possession of equipment and
181	associated materials used to grow or produce certain farm
182	products; providing an effective date.
183
184	Be It Enacted by the Legislature of the State of Florida:
185
186	Section 1.  Subsection (3) of section 14.24, Florida
187	Statutes, is amended to read:
188	14.24  Florida Commission on the Status of Women.-
189	(3)  Members of the commission shall serve without
190	compensation, but shall be reimbursed for per diem and travel
191	expenses in accordance with s. 112.061.
192	Section 2.  Paragraphs (g) through (m) of subsection (2) of
193	section 20.14, Florida Statutes, are redesignated as paragraphs
194	(f) through (l), respectively, and present paragraph (f) of that
195	subsection is amended to read:
196	20.14  Department of Agriculture and Consumer Services.-
197	There is created a Department of Agriculture and Consumer
198	Services.
199	(2)  The following divisions of the Department of
200	Agriculture and Consumer Services are established:
201	(f)  Dairy Industry.
202	Section 3.  Subsection (2) of section 215.981, Florida
203	Statutes, is amended to read:
204	215.981  Audits of state agency direct-support
205	organizations and citizen support organizations.-
206	(2)  Notwithstanding the provisions of subsection (1),
207	direct-support organizations and citizen support organizations
208	for the Department of Environmental Protection or direct-support
209	organizations and citizen support organizations for the
210	Department of Agriculture and Consumer Services that are not for
211	profit and that have annual expenditures of less than $300,000
212	are not required to have an independent audit. The respective
213	department shall establish accounting and financial management
214	guidelines for those organizations under its the department's
215	jurisdiction. Each year, the respective department shall conduct
216	operational and financial reviews of a selected number of
217	direct-support organizations or citizen support organizations
218	that which fall below the audit threshold established in this
219	subsection.
220	Section 4.  Paragraph (b) of subsection (2) of section
221	253.02, Florida Statutes, is amended to read:
222	253.02  Board of trustees; powers and duties.-
223	(2)
224	(b)  The authority of the board of trustees to grant
225	easements for rights-of-way over, across, and upon uplands the
226	title to which is vested in the board of trustees for the
227	construction and operation of electric transmission and
228	distribution facilities and related appurtenances is hereby
229	confirmed. The board of trustees may delegate to the Secretary
230	of Environmental Protection the authority to grant such
231	easements on its behalf. All easements for rights-of-way over,
232	across, and upon uplands the title to which is vested in the
233	board of trustees for the construction and operation of electric
234	transmission and distribution facilities and related
235	appurtenances which are approved by the Secretary of
236	Environmental Protection pursuant to the authority delegated by
237	the board of trustees shall meet the following criteria:
238	1.  Such easements shall not prevent the use of the state-
239	owned uplands adjacent to the easement area for the purposes for
240	which such lands were acquired and shall not unreasonably
241	diminish the ecological, conservation, or recreational values of
242	the state-owned uplands adjacent to the easement area.
243	2.  There is no practical and prudent alternative to
244	locating the linear facility and related appurtenances on state-
245	owned upland. For purposes of this subparagraph, the test of
246	practicality and prudence shall compare the social, economic,
247	and environmental effects of the alternatives.
248	3.  Appropriate steps are taken to minimize the impacts to
249	state-owned uplands. Such steps may include:
250	a.  Siting of facilities so as to reduce impacts and
251	minimize fragmentation of the overall state-owned parcel;
252	b.  Avoiding significant wildlife habitat, wetlands, or
253	other valuable natural resources to the maximum extent
254	practicable; or
255	c.  Avoiding interference with active land management
256	practices, such as prescribed burning.
257	4.  Except for easements granted as a part of a land
258	exchange to accomplish a recreational or conservation benefit or
259	other public purpose, in exchange for such easements, the
260	grantee pays an amount equal to the market value of the interest
261	acquired. In addition, for the initial grant of such easements
262	only, the grantee shall provide additional compensation by
263	vesting in the board of trustees fee simple title to other
264	available uplands that are 1.5 times the size of the easement
265	acquired by the grantee. The Secretary of Environmental
266	Protection shall approve the property to be acquired on behalf
267	of the board of trustees based on the geographic location in
268	relation to the land proposed to be under easement and a
269	determination that economic, ecological, and recreational value
270	is at least equivalent to the value of the lands under proposed
271	easement. Priority for replacement uplands shall be given to
272	parcels identified as inholdings and additions to public lands
273	and lands on a Florida Forever land acquisition list. However,
274	if suitable replacement uplands cannot be identified, the
275	grantee shall provide additional compensation for the initial
276	grant of such easements only by paying to the lead manager of
277	the state-owned lands or, when there is no lead manager, by
278	paying to the department an amount equal to two times the
279	current market value of the state-owned land or the highest and
280	best use value at the time of purchase, whichever is greater.
281	When determining such use of funds, priority shall be given to
282	parcels identified as inholdings and additions to public lands
283	and lands on a Florida Forever land acquisition list.
284	Section 5.  Subsection (5) of section 261.04, Florida
285	Statutes, is amended to read:
286	261.04  Off-Highway Vehicle Recreation Advisory Committee;
287	members; appointment.-
288	(5)  The members of the advisory committee shall serve
289	without compensation, but shall be reimbursed for travel and per
290	diem expenses as provided in s. 112.061, while in the
291	performance of their official duties.
292	Section 6.  Subsections (6) and (7) of section 472.007,
293	Florida Statutes, are renumbered as subsections (5) and (6),
294	respectively, and present subsection (5) of that section is
295	amended to read:
296	472.007  Board of Professional Surveyors and Mappers.-There
297	is created in the Department of Agriculture and Consumer
298	Services the Board of Professional Surveyors and Mappers.
299	(5)  Unless otherwise provided by law, a board member or
300	former board member serving on a probable cause panel must be
301	compensated $50 for each day in attendance at an official
302	meeting of the board and for each day participating in any other
303	business involving the board. The board shall adopt a rule
304	defining the phrase "other business involving the board."
305	However, the phrase may not routinely be defined to include
306	telephone conference calls. A board member is also entitled to
307	reimbursement for expenses pursuant to s. 112.061. Travel out of
308	state requires the prior approval of the commissioner or the
309	commissioner's designee.
310	Section 7.  Subsection (4) of section 482.051, Florida
311	Statutes, is amended to read:
312	482.051  Rules.-The department has authority to adopt rules
313	pursuant to ss. 120.536(1) and 120.54 to implement the
314	provisions of this chapter. Prior to proposing the adoption of a
315	rule, the department shall counsel with members of the pest
316	control industry concerning the proposed rule. The department
317	shall adopt rules for the protection of the health, safety, and
318	welfare of pest control employees and the general public which
319	require:
320	(4)  That a licensee, before performing general fumigation,
321	notify in writing the department inspector having jurisdiction
322	over the location where the fumigation is to be performed, which
323	notice must be received by the department inspector at least 24
324	hours before in advance of the fumigation and must contain such
325	information as the department requires. However, in an authentic
326	and verifiable emergency, when 24 hours' advance notice
327	notification is not possible, advance notice may be given by
328	telephone, facsimile, or any form of acceptable electronic
329	communication, telegraph notice may be given; but such notice
330	must be immediately followed by written confirmation providing
331	the required information.
332	Section 8.  Subsection (4) of section 482.071, Florida
333	Statutes, is amended to read:
334	482.071  Licenses.-
335	(4)  A licensee may not operate a pest control business
336	without carrying the required insurance coverage. Each person
337	making application for a pest control business license or
338	renewal thereof must furnish to the department a certificate of
339	insurance that meets the requirements for minimum financial
340	responsibility for bodily injury and property damage consisting
341	of:
342	(a)  Bodily injury: $250,000 per $100,000 each person and
343	$500,000 per $300,000 each occurrence; and property damage:
344	$250,000 per $50,000 each occurrence and $500,000 $100,000 in
345	the aggregate; or
346	(b)  Combined single-limit coverage: $500,000 $400,000 in
347	the aggregate.
348	Section 9.  Section 482.072, Florida Statutes, is created
349	to read:
350	482.072  Pest control customer contact centers.-
351	(1)  The department may issue a license to a qualified
352	business to operate a customer contact center, to solicit pest
353	control business, or to provide services to customers for one or
354	more business locations licensed under s. 482.071. A person may
355	not operate a customer contact center for a pest control
356	business that is not licensed by the department.
357	(2)(a)  Before operating a customer contact center, and
358	biennially thereafter, on or before an anniversary date set by
359	the department for a licensed customer contact center location,
360	the pest control business must apply to the department for a
361	license under this chapter, or a renewal thereof, for each
362	customer contact center location. An application must be
363	submitted in the format prescribed by the department.
364	(b)  The department shall establish a fee of at least $600,
365	but not more than $1,000, for the issuance of a customer contact
366	center license and a fee of at least $600, but not more than
367	$1,000, for renewal of a customer contact center license.
368	However, until rules for renewal fees are adopted, the initial
369	licensing fee and renewal fee are each $600. The department
370	shall establish a grace period, not to exceed 30 calendar days
371	after the license's anniversary renewal date, and shall assess a
372	late fee of $150, in addition to the renewal fee, for a license
373	that is renewed after the grace period.
374	(c)  A license automatically expires 60 calendar days after
375	the anniversary renewal date unless the license is renewed
376	before that date. When a license expires, it may be reinstated
377	only upon reapplication and payment of the license renewal fee
378	and a late renewal fee.
379	(d)  A license automatically expires if a licensee changes
380	the business address of its customer contact center location.
381	The department shall issue a new license upon payment of a $250
382	fee. The new license automatically expires 60 calendar days
383	after the anniversary renewal date of the former license unless
384	the license is renewed before that date.
385	(e)  The department may not issue or renew a license to
386	operate a customer contact center unless the pest control
387	business licensees for which the customer contact center
388	solicits business are owned in common by a person or business
389	entity recognized by this state.
390	(f)  The department may deny a license or refuse to renew a
391	license if the applicant or licensee, or one or more of the
392	applicant's or licensee's directors, officers, owners, or
393	general partners, are or have been directors, officers, owners,
394	or general partners of a pest control business that meets the
395	conditions in s. 482.071(2)(g).
396	(g)  Sections 482.091 and 482.152 do not apply to a person
397	who solicits pest control services or provides customer service
398	in a licensed customer contact center unless the person performs
399	pest control as defined in s. 482.021(22)(a)-(d), executes a
400	pest control contract, or accepts remuneration for such work.
401	(h)  Section 482.071(2)(e) does not apply to a license
402	issued under this section.
403	(3)(a)  The department shall adopt rules establishing
404	requirements and procedures for customer contact center
405	recordkeeping and monitoring to ensure compliance with this
406	section and rules adopted in accordance with this section.
407	(b)  Notwithstanding any other provision of this section:
408	1.  A customer contact center licensee is subject to
409	disciplinary action under s. 482.161 for a violation of this
410	section or a rule adopted under this section committed by a
411	person who solicits pest control services or provides customer
412	service in a customer contact center.
413	2.  A pest control business licensee may be subject to
414	disciplinary action under s. 482.161 for a violation of this
415	section or a rule adopted under this section committed by a
416	person who solicits pest control services or provides customer
417	service in a customer contact center operated by a licensee if
418	the licensee participates in the violation.
419	Section 10.  Section 482.157, Florida Statutes, is created
420	to read:
421	482.157  Limited certification for commercial wildlife
422	management personnel.-
423	(1)  The department shall establish a limited certificate
424	that authorizes a person who engages in the commercial trapping
425	of wildlife to use nonchemical methods, including traps, glue
426	boards, mechanical or electronic devices, and exclusionary
427	techniques to control rodents as defined in s. 482.021(24).
428	(2)  The department shall issue a limited certificate to an
429	applicant who:
430	(a)  Submits an application and examination fee of at least
431	$150, but not more than $300, as prescribed by the department by
432	rule;
433	(b)  Passes an examination administered by the department.
434	The department shall provide the appropriate study materials for
435	the examination and make the examination readily available to
436	applicants in each county as necessary, but not less frequently
437	than quarterly; and
438	(c)  Provides proof, including a certificate of insurance,
439	that the applicant has met the minimum bodily injury and
440	property damage insurance requirements in s. 482.071(4).
441	(3)  An application for recertification must be made
442	annually and be accompanied by a recertification fee of at least
443	$75, but not more than $150, as prescribed by the department by
444	rule. The application must also be accompanied by proof of
445	completion of the required 4 classroom hours of acceptable
446	continuing education and the required proof of insurance. After
447	a grace period not exceeding 30 calendar days after the
448	recertification renewal date, the department shall assess a late
449	fee of $50 in addition to the renewal fee. A certificate
450	automatically expires 180 days after the recertification date if
451	the renewal fee has not been paid. After expiration, the
452	department shall issue a new certificate only if the applicant
453	successfully passes a reexamination and pays the examination fee
454	and late fee.
455	(4)  Certification under this section does not authorize:
456	(a)  The use of pesticides or chemical substances, other
457	than adhesive materials, to control rodents or other nuisance
458	wildlife in, on, or under structures;
459	(b)  Operation of a pest control business; or
460	(c)  Supervision of an uncertified person using nonchemical
461	methods to control rodents.
462	(5)  A person who is licensed under this chapter and
463	practices accepted methods of pest control is immune from
464	liability under s. 828.12.
465	(6)  This chapter does not exempt a person from the rules,
466	regulations, or orders of the Fish and Wildlife Conservation
467	Commission.
468	Section 11.  Subsection (6) of section 482.226, Florida
469	Statutes, is amended to read:
470	482.226  Wood-destroying organism inspection report; notice
471	of inspection or treatment; financial responsibility.-
472	(6)  Any licensee that performs wood-destroying organism
473	inspections in accordance with subsection (1) must meet minimum
474	financial responsibility in the form of errors and omissions
475	(professional liability) insurance coverage or bond in an amount
476	no less than $500,000 $50,000 in the aggregate and $250,000
477	$25,000 per occurrence, or demonstrate that the licensee has
478	equity or net worth of no less than $500,000 $100,000 as
479	determined by generally accepted accounting principles
480	substantiated by a certified public accountant's review or
481	certified audit. The licensee must show proof of meeting this
482	requirement at the time of license application or renewal
483	thereof.
484	Section 12.  Subsection (6) of section 482.243, Florida
485	Statutes, is amended to read:
486	482.243  Pest Control Enforcement Advisory Council.-
487	(6)  The meetings, powers and duties, procedures, and
488	recordkeeping, and reimbursement of expenses of members of the
489	council shall be in accordance with the provisions of s.
490	570.0705 relating to advisory committees established within the
491	department.
492	Section 13.  Paragraph (a) of subsection (1) of section
493	487.041, Florida Statutes, is amended, and paragraphs (h), (i),
494	and (j) are added to that subsection, to read:
495	487.041  Registration.-
496	(1)(a)  Effective January 1, 2009, each brand of pesticide,
497	as defined in s. 487.021, which is distributed, sold, or offered
498	for sale, except as provided in this section, within this state
499	or delivered for transportation or transported in intrastate
500	commerce or between points within this state through any point
501	outside this state must be registered in the office of the
502	department, and such registration shall be renewed biennially.
503	Emergency exemptions from registration may be authorized in
504	accordance with the rules of the department. The registrant
505	shall file with the department a statement including:
506	1.  The name, business mailing address, and street address
507	of the registrant.
508	2.  The name of the brand of pesticide.
509	3.  An ingredient statement and a complete current copy of
510	the labeling accompanying the brand of the pesticide, which must
511	conform to the registration, and a statement of all claims to be
512	made for it, including directions for use and a guaranteed
513	analysis showing the names and percentages by weight of each
514	active ingredient, the total percentage of inert ingredients,
515	and the names and percentages by weight of each "added
516	ingredient."
517	(h)  All registration fees, including supplemental fees and
518	late fees, are nonrefundable.
519	(i)  For any currently registered pesticide product brand
520	that undergoes labeling revisions during the registration
521	period, the registrant shall submit to the department a copy of
522	the revised labeling along with a cover letter detailing such
523	revisions before the sale or distribution in this state of the
524	product brand with the revised labeling. If the labeling
525	revisions require notification of an amendment review by the
526	United States Environmental Protection Agency, the registrant
527	shall submit an additional copy of the labeling marked to
528	identify those revisions.
529	(j)  Effective January 1, 2013, all payments of any
530	pesticide registration fees, including supplemental fees and
531	late fees, shall be submitted electronically using the
532	department's Internet website for registration of pesticide
533	product brands.
534	Section 14.  Subsection (5) of section 487.0615, Florida
535	Statutes, is amended to read:
536	487.0615  Pesticide Review Council.-
537	(5)  Members of the council shall receive no compensation
538	for their services, but are entitled to be reimbursed for per
539	diem and travel expenses as provided in s. 112.061.
540	Section 15.  Subsection (6) of section 500.70, Florida
541	Statutes, is renumbered as subsection (7), and a new subsection
542	(6) is added to that section to read:
543	500.70  Tomato food safety standards; inspections;
544	penalties; tomato good agricultural practices; tomato best
545	management practices.-
546	(6)  Any person who produces, harvests, packs, or repacks
547	tomatoes in this state and does not hold a food permit issued
548	under s. 500.12 shall annually register each location of a
549	tomato farm, tomato greenhouse, tomato packinghouse, or tomato
550	repacker by August 1 on a form prescribed by the department. Any
551	person who produces, harvests, packs, or repacks tomatoes at
552	more than one location may submit one registration for all such
553	locations but must provide the physical address of each
554	location. The department may set by rule an annual registration
555	fee not to exceed $500. Moneys collected pursuant to this
556	subsection shall be deposited into the General Inspection Trust
557	Fund.
558	Section 16.  Subsection (5) of section 527.22, Florida
559	Statutes, is amended to read:
560	527.22  Florida Propane Gas Education, Safety, and Research
561	Council established; membership; duties and responsibilities.-
562	(5)  Council members shall receive no compensation or
563	honorarium for their services, and are authorized to receive
564	only per diem and reimbursement for travel expenses as provided
565	in s. 112.061.
566	Section 17.  Subsection (3) of section 559.9221, Florida
567	Statutes, is amended to read:
568	559.9221  Motor Vehicle Repair Advisory Council.-The Motor
569	Vehicle Repair Advisory Council is created to advise and assist
570	the department in carrying out this part.
571	(3)  The members of the council shall receive no
572	compensation for their services, except that they may receive
573	per diem and travel expenses as provided in s. 112.061.
574	Section 18.  Subsection (28) of section 570.07, Florida
575	Statutes, is amended to read:
576	570.07  Department of Agriculture and Consumer Services;
577	functions, powers, and duties.-The department shall have and
578	exercise the following functions, powers, and duties:
579	(28)  For purposes of pollution control and the prevention
580	of wildfires purposes, to regulate open burning connected with
581	rural land-clearing, agricultural, or forestry operations,
582	except fires for cold or frost protection.
583	Section 19.  Subsection (9) of section 570.0705, Florida
584	Statutes, is amended to read:
585	570.0705  Advisory committees.-From time to time the
586	commissioner may appoint any advisory committee to assist the
587	department with its duties and responsibilities.
588	(9)  Members of each advisory committee shall receive no
589	compensation for their services, but shall be entitled to
590	reimbursement for per diem and travel expenses as provided in s.
591	112.061.
592	Section 20.  Section 570.074, Florida Statutes, is amended
593	to read:
594	570.074  Department of Agriculture and Consumer Services;
595	energy and water policy coordination.-The commissioner may
596	create an Office of Energy and Water Coordination under the
597	supervision of a senior manager exempt under s. 110.205 in the
598	Senior Management Service. The commissioner may designate the
599	bureaus and positions in the various organizational divisions of
600	the department that report to this office relating to any matter
601	over which the department has jurisdiction in matters relating
602	to energy and water policy affecting agriculture, application of
603	such policies, and coordination of such matters with state and
604	federal agencies.
605	Section 21.  Section 570.18, Florida Statutes, is amended
606	to read:
607	570.18  Organization of departmental work.-In the
608	assignment of functions to the 12 divisions of the department
609	created in s. 570.29, the department shall retain within the
610	Division of Administration, in addition to executive functions,
611	those powers and duties enumerated in s. 570.30. The department
612	shall organize the work of the other 11 divisions in such a way
613	as to secure maximum efficiency in the conduct of the
614	department. The divisions created in s. 570.29 are solely to
615	make possible the definite placing of responsibility. The
616	department shall be conducted as a unit in which every employee,
617	including each division director, is assigned a definite
618	workload, and there shall exist between division directors a
619	spirit of cooperative effort to accomplish the work of the
620	department.
621	Section 22.  Subsection (2) of section 570.23, Florida
622	Statutes, is amended to read:
623	570.23  State Agricultural Advisory Council.-
624	(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
625	COMPENSATION.-The meetings, powers and duties, procedures, and
626	recordkeeping of the State Agricultural Advisory Council, and
627	per diem and reimbursement of expenses of council members, shall
628	be governed by the provisions of s. 570.0705 relating to
629	advisory committees established within the department.
630	Section 23.  Subsections (7) through (12) of section
631	570.29, Florida Statutes, are renumbered as subsections (6)
632	through (11), respectively, and present subsection (6) is
633	amended to read:
634	570.29  Departmental divisions.-The department shall
635	include the following divisions:
636	(6)  Dairy Industry.
637	Section 24.  Subsection (2) of section 570.38, Florida
638	Statutes, is amended to read:
639	570.38  Animal Industry Technical Council.-
640	(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
641	COMPENSATION.-The meetings, powers and duties, procedures, and
642	recordkeeping of the Animal Industry Technical Council, and per
643	diem and reimbursement of expenses of council members, shall be
644	governed by the provisions of s. 570.0705 relating to advisory
645	committees established within the department.
646	Section 25.  Paragraph (d) of subsection (3) of section
647	570.382, Florida Statutes, is amended to read:
648	570.382  Arabian horse racing; breeders' and stallion
649	awards; Arabian Horse Council; horse registration fees; Florida
650	Arabian Horse Racing Promotion Account.-
651	(3)  ARABIAN HORSE COUNCIL.-
652	(d)  Members of the council shall receive no compensation
653	for their services, except that they shall receive per diem and
654	travel expenses as provided in s. 112.061 when actually engaged
655	in the business of the council.
656	Section 26.  Sections 570.40 and 570.41, Florida Statutes,
657	are repealed.
658	Section 27.  Subsection (2) of section 570.42, Florida
659	Statutes, is amended to read:
660	570.42  Dairy Industry Technical Council.-
661	(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
662	COMPENSATION.-The meetings, powers and duties, procedures, and
663	recordkeeping of the Dairy Industry Technical Council, and per
664	diem and reimbursement of expenses of council members, shall be
665	governed by the provisions of s. 570.0705 relating to advisory
666	committees established within the department.
667	Section 28.  Subsections (6) and (7) are added to section
668	570.50, Florida Statutes, to read:
669	570.50  Division of Food Safety; powers and duties.-The
670	duties of the Division of Food Safety include, but are not
671	limited to:
672	(6)  Inspecting dairy farms of the state, enforcing those
673	provisions of chapter 502 that are authorized by the department
674	and related to the supervision of milking operations, and
675	enforcing rules adopted under such provisions.
676	(7)  Inspecting milk plants, milk product plants, and
677	plants engaged in the manufacture and distribution of frozen
678	desserts and frozen dessert mixes; analyzing and testing samples
679	of milk, milk products, frozen desserts, and frozen dessert
680	mixes collected by the division; and enforcing those provisions
681	of chapters 502 and 503 that are authorized by the department.
682	Section 29.  Subsection (2) of section 570.543, Florida
683	Statutes, is amended to read:
684	570.543  Florida Consumers' Council.-The Florida Consumers'
685	Council in the department is created to advise and assist the
686	department in carrying out its duties.
687	(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
688	COMPENSATION.-The meetings, powers and duties, procedures, and
689	recordkeeping of the Florida Consumers' Council, and per diem
690	and reimbursement of expenses of council members, shall be
691	governed by the provisions of s. 570.0705 relating to advisory
692	committees established within the department. The council
693	members or chair may call no more than two meetings.
694	Section 30.  Subsection (3) of section 570.954, Florida
695	Statutes, is amended to read:
696	570.954  Farm-to-fuel initiative.-
697	(3)  The department shall coordinate with and solicit the
698	expertise of the state energy office within the Department of
699	Environmental Protection when developing and implementing this
700	initiative.
701	Section 31.  Subsection (2) of section 571.28, Florida
702	Statutes, is amended to read:
703	571.28  Florida Agricultural Promotional Campaign Advisory
704	Council.-
705	(2)  MEETINGS; POWERS AND DUTIES; PROCEDURES; RECORDS;
706	COMPENSATION.-The meetings, powers and duties, procedures, and
707	recordkeeping of the Florida Agricultural Promotional Campaign
708	Advisory Council, and per diem and reimbursement of expenses of
709	council members, shall be governed by the provisions of s.
710	570.0705 relating to advisory committees established within the
711	department.
712	Section 32.  Subsection (6) of section 573.112, Florida
713	Statutes, is amended to read:
714	573.112  Advisory council.-
715	(6)  No member or alternate member of the council shall
716	receive a salary, but shall be reimbursed for travel expenses
717	while on council business as provided in s. 112.061. The
718	department may employ necessary personnel, including
719	professional and technical services personnel, and fix their
720	compensation and terms of employment and may incur expenses to
721	be paid from moneys collected as herein provided.
722	Section 33.  Subsection (3) of section 576.091, Florida
723	Statutes, is amended to read:
724	576.091  Fertilizer Technical Council.-
725	(3)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
726	REIMBURSEMENTS.-The meetings, powers and duties, procedures, and
727	recordkeeping, and reimbursement of expenses of members and
728	alternate members of the council shall be in accordance with the
729	provisions of s. 570.0705 relating to advisory committees
730	established within the department.
731	Section 34.  Subsection (2) of section 580.151, Florida
732	Statutes, is amended to read:
733	580.151  Commercial Feed Technical Council.-
734	(2)  POWERS AND DUTIES; PROCEDURES; RECORDS; COMPENSATION.-
735	The meetings, powers and duties, procedures, and recordkeeping
736	of the Commercial Feed Technical Council, and per diem and
737	reimbursement of expenses of council members, shall be governed
738	by the provisions of s. 570.0705 relating to advisory committees
739	established within the department.
740	Section 35.  Subsection (2) of section 581.186, Florida
741	Statutes, is amended to read:
742	581.186  Endangered Plant Advisory Council; organization;
743	meetings; powers and duties.-
744	(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
745	COMPENSATION.-The meetings, powers and duties, procedures, and
746	recordkeeping of the Endangered Plant Advisory Council, and per
747	diem and reimbursement of expenses of council members, shall be
748	governed by the provisions of s. 570.0705 relating to advisory
749	committees established within the department.
750	Section 36.  Subsection (3) of section 586.161, Florida
751	Statutes, is amended to read:
752	586.161  Honeybee Technical Council.-
753	(3)  MEETINGS; POWERS AND DUTIES; PROCEDURES; RECORDS;
754	COMPENSATION.-The meetings, powers and duties, procedures, and
755	recordkeeping of the Honeybee Technical Council, and per diem
756	and reimbursement of expenses of council members, shall be
757	governed by the provisions of s. 570.0705 relating to advisory
758	committees established within the department.
759	Section 37.  Section 590.015, Florida Statutes, is amended
760	to read:
761	590.015  Definitions.-As used in this chapter, the term:
762	(1)  "Broadcast burning" means the burning of agricultural
763	or natural vegetation by allowing fire to move across a
764	predetermined area of land. The term does not include the
765	burning of vegetative debris that is piled or stacked.
766	(2)(1)  "Division" means the Division of Forestry of the
767	Department of Agriculture and Consumer Services.
768	(3)(2)  "Fire management services" means presuppression
769	fireline plowing, prescribed burning assistance, contract
770	prescribed burning, prescribed and wildfire management training,
771	and other activities associated with prevention, detection, and
772	suppression of wildfires.
773	(4)(3)  "Fuel reduction" means the application of
774	techniques that reduce vegetative fuels, and may include
775	prescribed burning, manual and mechanical clearing, and the use
776	of herbicides.
777	(5)  "Open burning" means any outdoor fire or open
778	combustion of material that produces visible emissions.
779	(6)(4)  "Wildfire" means any vegetative fire that threatens
780	to destroy life, property, or natural resources.
781	(7)(5)  "Wild land" means any public or private managed or
782	unmanaged forest, urban/interface, pasture or range land,
783	recreation lands, or any other land at risk of wildfire.
784	Section 38.  Paragraph (d) of subsection (1) and subsection
785	(4) of section 590.02, Florida Statutes, are amended, and
786	subsections (9) and (10) are added to that section, to read:
787	590.02  Division powers, authority, and duties; liability;
788	building structures; Florida Center for Wildfire and Forest
789	Resources Management Training.-
790	(1)  The division has the following powers, authority, and
791	duties:
792	(d)  To appoint center managers, forest area supervisors,
793	forestry program administrators, a forest protection bureau
794	chief, a forest protection assistant bureau chief, a field
795	operations bureau chief, deputy chiefs of field operations,
796	district managers, forest operations administrators, senior
797	forest rangers, investigators, forest rangers, firefighter
798	rotorcraft pilots, and other employees who may, at the
799	division's discretion, be certified as forestry firefighters
800	pursuant to s. 633.35(4). Other provisions of law
801	notwithstanding, center managers, district managers, forest
802	protection assistant bureau chief, aviation manager, the
803	division's training coordinator, and deputy chiefs of field
804	operations shall have Selected Exempt Service status in the
805	state personnel designation;
806	(4)(a)  The department may build structures,
807	notwithstanding chapters 216 and 255, not to exceed a cost of
808	$50,000 per structure from existing resources on forest lands,
809	federal excess property, and unneeded existing structures. These
810	structures must meet all applicable building codes.
811	(b)  Notwithstanding s. 553.80(1), the department shall
812	exclusively enforce the Florida Building Code as it pertains to
813	wildfire and law enforcement facilities under the jurisdiction
814	of the department.
815	(9)(a)  Notwithstanding ss. 273.055 and 287.16, the
816	department may retain, transfer, warehouse, bid, destroy, scrap,
817	or otherwise dispose of surplus equipment and vehicles that are
818	used for wildland firefighting.
819	(b)  All money received from the disposition of state-owned
820	equipment and vehicles that are used for wildland firefighting
821	shall be retained by the department. Money received pursuant to
822	this section is appropriated for and may be disbursed for the
823	acquisition of exchange and surplus equipment used for wildland
824	firefighting, and for all necessary operating expenditures
825	related to such equipment, in the same fiscal year and the
826	fiscal year following the disposition. The department shall
827	maintain records of the accounts into which the money is
828	deposited.
829	(10)(a)  The division has exclusive authority to require
830	and issue authorizations for broadcast burning and agricultural
831	and silvicultural pile burning. An agency, commission,
832	department, county, municipality, or other political subdivision
833	of the state may not adopt laws, regulations, rules, or policies
834	pertaining to broadcast burning or agricultural and
835	silvicultural pile burning unless an emergency order is declared
836	in accordance with s. 252.38(3).
837	(b)  The division may delegate to a county or municipality
838	its authority, as delegated by the Department of Environmental
839	Protection pursuant to ss. 403.061(28) and 403.081, to require
840	and issue authorizations for the burning of yard trash and
841	debris from land clearing operations in accordance with s.
842	590.125(6).
843	Section 39.  Section 590.125, Florida Statutes, is amended
844	to read:
845	590.125  Open burning authorized by the division.-
846	(1)  DEFINITIONS.-As used in this section, the term:
847	(a)  "Certified pile burner" means an individual who
848	successfully completes the division's pile burning certification
849	program and possesses a valid pile burner certification number.
850	"Prescribed burning" means the controlled application of fire in
851	accordance with a written prescription for vegetative fuels
852	under specified environmental conditions while following
853	appropriate precautionary measures that ensure that the fire is
854	confined to a predetermined area to accomplish the planned fire
855	or land-management objectives.
856	(b)  "Certified prescribed burn manager" means an
857	individual who successfully completes the certified prescribed
858	burning certification program of the division and possesses a
859	valid certification number.
860	(c)(d)  "Extinguished" means that no spreading flame for:
861	1.  Wildland Wild land burning or certified prescribed
862	burning, and no spreading flames visible flame, smoke, or
863	emissions for vegetative land-clearing debris burning, exist.
864	2.  Vegetative land-clearing debris burning or pile
865	burning, no visible flames exist.
866	3.  Vegetative land-clearing debris burning or pile burning
867	in an area designated as smoke sensitive by the division, no
868	visible flames, smoke, or emissions exist.
869	(d)  "Land-clearing operation" means the uprooting or
870	clearing of vegetation in connection with the construction of
871	buildings and rights-of-way, land development, and mineral
872	operations. The term does not include the clearing of yard
873	trash.
874	(e)  "Pile burning" means the burning of silvicultural,
875	agricultural, or land-clearing and tree-cutting debris
876	originating onsite, which is stacked together in a round or
877	linear fashion, including, but not limited to, a windrow.
878	(f)  "Prescribed burning" means the controlled application
879	of fire by broadcast burning in accordance with a written
880	prescription for vegetative fuels under specified environmental
881	conditions, while following appropriate precautionary measures
882	that ensure that the fire is confined to a predetermined area to
883	accomplish the planned fire or land-management objectives.
884	(g)(c)  "Prescription" means a written plan establishing
885	the criteria necessary for starting, controlling, and
886	extinguishing a prescribed burn.
887	(h)  "Yard trash" means vegetative matter resulting from
888	landscaping and yard maintenance operations and other such
889	routine property cleanup activities. The term includes materials
890	such as leaves, shrub trimmings, grass clippings, brush, and
891	palm fronds.
892	(2)  NONCERTIFIED BURNING.-
893	(a)  Persons may be authorized to burn wild land or
894	vegetative land-clearing debris in accordance with this
895	subsection if:
896	1.  There is specific consent of the landowner or his or
897	her designee;
898	2.  Authorization has been obtained from the division or
899	its designated agent before starting the burn;
900	3.  There are adequate firebreaks at the burn site and
901	sufficient personnel and firefighting equipment for the control
902	of the fire;
903	4.  The fire remains within the boundary of the authorized
904	area;
905	5.  An authorized person Someone is present at the burn
906	site until the fire is extinguished;
907	6.  The division does not cancel the authorization; and
908	7.  The division determines that air quality and fire
909	danger are favorable for safe burning.
910	(b)  A person who burns wild land or vegetative land-
911	clearing debris in a manner that violates any requirement of
912	this subsection commits a misdemeanor of the second degree,
913	punishable as provided in s. 775.082 or s. 775.083.
914	(3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
915	PURPOSE.-
916	(a)  The application of prescribed burning is a land
917	management tool that benefits the safety of the public, the
918	environment, and the economy of the state. The Legislature finds
919	that:
920	1.  Prescribed burning reduces vegetative fuels within wild
921	land areas. Reduction of the fuel load reduces the risk and
922	severity of wildfire, thereby reducing the threat of loss of
923	life and property, particularly in urban areas.
924	2.  Most of Florida's natural communities require periodic
925	fire for maintenance of their ecological integrity. Prescribed
926	burning is essential to the perpetuation, restoration, and
927	management of many plant and animal communities. Significant
928	loss of the state's biological diversity will occur if fire is
929	excluded from fire-dependent systems.
930	3.  Forestland and rangeland constitute significant
931	economic, biological, and aesthetic resources of statewide
932	importance. Prescribed burning on forestland prepares sites for
933	reforestation, removes undesirable competing vegetation,
934	expedites nutrient cycling, and controls or eliminates certain
935	forest pathogens. On rangeland, prescribed burning improves the
936	quality and quantity of herbaceous vegetation necessary for
937	livestock production.
938	4.  The state purchased hundreds of thousands of acres of
939	land for parks, preserves, wildlife management areas, forests,
940	and other public purposes. The use of prescribed burning for
941	management of public lands is essential to maintain the specific
942	resource values for which these lands were acquired.
943	5.  A public education program is necessary to make
944	citizens and visitors aware of the public safety, resource, and
945	economic benefits of prescribed burning.
946	6.  Proper training in the use of prescribed burning is
947	necessary to ensure maximum benefits and protection for the
948	public.
949	7.  As Florida's population continues to grow, pressures
950	from liability issues and nuisance complaints inhibit the use of
951	prescribed burning. Therefore, the division is urged to maximize
952	the opportunities for prescribed burning conducted during its
953	daytime and nighttime authorization process.
954	(b)  Certified prescribed burning pertains only to
955	broadcast burning for purposes of silviculture, wildland fire
956	hazard reduction, wildlife management, ecological maintenance
957	and restoration, and range and pasture management. It must be
958	conducted in accordance with this subsection and:
959	1.  May be accomplished only when a certified prescribed
960	burn manager is present on site with a copy of the prescription
961	from ignition of the burn to its completion.
962	2.  Requires that a written prescription be prepared before
963	receiving authorization to burn from the division.
964	3.  Requires that the specific consent of the landowner or
965	his or her designee be obtained before requesting an
966	authorization.
967	4.  Requires that an authorization to burn be obtained from
968	the division before igniting the burn.
969	5.  Requires that there be adequate firebreaks at the burn
970	site and sufficient personnel and firefighting equipment for the
971	control of the fire.
972	6.  Is considered to be in the public interest and does not
973	constitute a public or private nuisance when conducted under
974	applicable state air pollution statutes and rules.
975	7.  Is considered to be a property right of the property
976	owner if vegetative fuels are burned as required in this
977	subsection.
978	(c)  Neither a property owner nor his or her agent is
979	liable pursuant to s. 590.13 for damage or injury caused by the
980	fire or resulting smoke or considered to be in violation of
981	subsection (2) for burns conducted in accordance with this
982	subsection unless gross negligence is proven.
983	(d)  Any certified burner who violates this section commits
984	a misdemeanor of the second degree, punishable as provided in s.
985	775.082 or s. 775.083.
986	(e)  The division shall adopt rules for the use of
987	prescribed burning and for certifying and decertifying certified
988	prescribed burn managers based on their past experience,
989	training, and record of compliance with this section.
990	(4)  CERTIFIED PILE BURNING.-
991	(a)  Certified pile burning pertains to the disposal of
992	piled, naturally occurring debris from an agricultural,
993	silvicultural, or temporary land-clearing operation. A land-
994	clearing operation is temporary if it operates for 6 months or
995	less. Certified pile burning must be conducted in accordance
996	with the following:
997	1.  A certified pile burner must ensure, before ignition,
998	that the piles are properly placed and that the content of the
999	piles is conducive to efficient burning.
1000	2.  A certified pile burner must ensure that the piles are
1001	properly extinguished no later than 1 hour after sunset. If the
1002	burn is conducted in an area designated by the division as smoke
1003	sensitive, a certified pile burner must ensure that the piles
1004	are properly extinguished at least 1 hour before sunset.
1005	3.  A written pile burning plan must be prepared before
1006	receiving authorization from the division to burn.
1007	4.  The specific consent of the landowner or his or her
1008	agent must be obtained before requesting authorization to burn.
1009	5.  An authorization to burn must be obtained from the
1010	division or its designated agent before igniting the burn.
1011	6.  There must be adequate firebreaks and sufficient
1012	personnel and firefighting equipment at the burn site to control
1013	the fire.
1014	(b)  If a burn is conducted in accordance with paragraph
1015	(a), the property owner and his or her agent are not liable
1016	under s. 590.13 for damage or injury caused by the fire or
1017	resulting smoke, and are not in violation of subsection (2),
1018	unless gross negligence is proven.
1019	(c)  A certified pile burner who violates this subsection
1020	commits a misdemeanor of the second degree, punishable as
1021	provided in s. 775.082 or s. 775.083.
1022	(d)  The division shall adopt rules regulating certified
1023	pile burning. The rules shall include procedures and criteria
1024	for certifying and decertifying certified pile burn managers
1025	based on past experience, training, and record of compliance
1026	with this section.
1027	(5)(4)  WILDFIRE HAZARD REDUCTION TREATMENT BY THE
1028	DIVISION.-The division may conduct fuel reduction initiatives,
1029	including, but not limited to, burning and mechanical and
1030	chemical treatment, on any area of wild land within the state
1031	which is reasonably determined to be in danger of wildfire in
1032	accordance with the following procedures:
1033	(a)  Describe the areas that will receive fuels treatment
1034	to the affected local governmental entity.
1035	(b)  Publish a treatment notice, including a description of
1036	the area to be treated, in a conspicuous manner in at least one
1037	newspaper of general circulation in the area of the treatment
1038	not less than 10 days before the treatment.
1039	(c)  Prepare, and send the county tax collector shall
1040	include with the annual tax statement, a notice to be sent to
1041	all landowners in each area township designated by the division
1042	as a wildfire hazard area. The notice must describe particularly
1043	the area to be treated and the tentative date or dates of the
1044	treatment and must list the reasons for and the expected
1045	benefits from the wildfire hazard reduction.
1046	(d)  Consider any landowner objections to the fuels
1047	treatment of his or her property. The landowner may apply to the
1048	director of the division for a review of alternative methods of
1049	fuel reduction on the property. If the director or his or her
1050	designee does not resolve the landowner objection, the director
1051	shall convene a panel made up of the local forestry unit
1052	manager, the fire chief of the jurisdiction, and the affected
1053	county or city manager, or any of their designees. If the
1054	panel's recommendation is not acceptable to the landowner, the
1055	landowner may request further consideration by the Commissioner
1056	of Agriculture or his or her designee and shall thereafter be
1057	entitled to an administrative hearing pursuant to the provisions
1058	of chapter 120.
1059	(6)  DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
1060	AUTHORIZATION PROGRAMS.-
1061	(a)  A county or municipality may exercise the division's
1062	authority, if delegated by the division under this subsection,
1063	to issue authorizations for the burning of yard trash or debris
1064	from land-clearing operations. A county's or municipality's
1065	existing or proposed open burning authorization program must:
1066	1.  Be approved by the division. The division may not
1067	approve a program if it fails to meet the requirements of
1068	subsections (2) and (4) and any rules adopted under those
1069	subsections.
1070	2.  Provide by ordinance or local law the requirements for
1071	obtaining and performing a burn authorization that complies with
1072	subsections (2) and (4) and any rules adopted under those
1073	subsections.
1074	3.  Provide for the enforcement of the program's
1075	requirements.
1076	4.  Provide financial, personnel, and other resources
1077	needed to carry out the program.
1078	(b)  If the division determines that a county's or
1079	municipality's open burning authorization program does not
1080	comply with subsections (2) and (4) and any rules adopted under
1081	those subsections, the division shall require the county or
1082	municipality to take necessary corrective actions within 90 days
1083	after receiving notice from the division of its determination.
1084	1.  If the county or municipality fails to take the
1085	necessary corrective actions within the required period, the
1086	division shall resume administration of the open burning
1087	authorization program in the county or municipality and the
1088	county or municipality shall cease administration of its
1089	program.
1090	2.  Each county and municipality administering an open
1091	burning authorization program must cooperate with and assist the
1092	division in carrying out the division's powers, duties, and
1093	functions.
1094	3.  A person who violates the requirements of a county's or
1095	municipality's open burning authorization program, as provided
1096	by ordinance or local law enacted pursuant to this subsection,
1097	commits a violation of this chapter, punishable as provided in
1098	s. 590.14.
1099	(7)(5)  DUTIES OF AGENCIES.-The Department of Education
1100	shall incorporate, where feasible and appropriate, the issues of
1101	fuels treatment, including prescribed burning, into its
1102	educational materials.
1103	Section 40.  Section 590.14, Florida Statutes, is amended
1104	to read:
1105	590.14  Notice of violation; penalties; legislative
1106	intent.-
1107	(1)  If a division employee determines that a person has
1108	violated chapter 589, or this chapter, or any rule adopted by
1109	the division to administer provisions of law conferring duties
1110	upon the division, the division employee he or she may issue a
1111	notice of violation indicating the statute or rule violated.
1112	This notice will be filed with the division and a copy forwarded
1113	to the appropriate law enforcement entity for further action if
1114	necessary.
1115	(2)  In addition to any penalties provided by law, any
1116	person who causes a wildfire or permits any authorized fire to
1117	escape the boundaries of the authorization or to burn past the
1118	time of the authorization is liable for the payment of all
1119	reasonable costs and expenses incurred in suppressing the fire
1120	or $150, whichever is greater. All costs and expenses incurred
1121	by the division shall be payable to the division. When such
1122	costs and expenses are not paid within 30 days after demand, the
1123	division may take proper legal proceedings for the collection of
1124	the costs and expenses. Those costs incurred by an agency acting
1125	at the division's direction are recoverable by that agency.
1126	(3)  The department may also impose an administrative fine,
1127	not to exceed $1,000 per violation of any section of chapter 589
1128	or this chapter or violation of any rule adopted by the division
1129	to administer provisions of law conferring duties upon the
1130	division. The fine shall be based upon the degree of damage, the
1131	prior violation record of the person, and whether the person
1132	knowingly provided false information to obtain an authorization.
1133	The fines shall be deposited in the Incidental Trust Fund of the
1134	division.
1135	(4)  A person commits a misdemeanor of the second degree,
1136	punishable as provided in s. 775.082 or s. 775.083, if the
1137	person:
1138	(a)  Fails to comply with any rule or order adopted by the
1139	division to administer provisions of law conferring duties upon
1140	the division; or
1141	(b)  Knowingly makes any false statement or representation
1142	in any application, record, plan, or other document required by
1143	this chapter or any rules adopted under this chapter.
1144	(5)  It is the intent of the Legislature that a penalty
1145	imposed by a court under subsection (4) be of a severity that
1146	ensures immediate and continued compliance with this section.
1147	(6)(4)  The penalties provided in this section shall extend
1148	to both the actual violator and the person or persons, firm, or
1149	corporation causing, directing, or permitting the violation.
1150	Section 41.  Subsection (4) of section 597.005, Florida
1151	Statutes, is amended to read:
1152	597.005  Aquaculture Review Council.-
1153	(4)  EXPENSES; PER DIEM.-Members of the council shall
1154	receive expenses and per diem for travel, including attendance
1155	at meetings, as allowed state officers and employees pursuant to
1156	s. 112.061.
1157	Section 42.  Subsection (2) of section 599.002, Florida
1158	Statutes, is amended to read:
1159	599.002  Viticulture Advisory Council.-
1160	(2)  The meetings, powers and duties, procedures, and
1161	recordkeeping of the Viticulture Advisory Council, and per diem
1162	and reimbursement of expenses of council members, shall be
1163	governed by the provisions of s. 570.0705 relating to advisory
1164	committees established within the department.
1165	Section 43.  Paragraph (a) of subsection (1) and subsection
1166	(3) of section 616.252, Florida Statutes, are amended to read:
1167	616.252  Florida State Fair Authority; membership; number,
1168	terms, compensation.-
1169	(1)(a)  The authority shall be composed of 22 21 members.
1170	The Commissioner of Agriculture, or her or his designee, shall
1171	serve as a voting member. There shall also be a member who is
1172	the member of the Board of County Commissioners of Hillsborough
1173	County representing the county commission district in which the
1174	Florida State Fairgrounds is located, who shall serve as a
1175	voting member. There shall also be an appointed youth member who
1176	is an active member of the Florida Future Farmers of America or
1177	a 4-H Club, who shall serve as a nonvoting member. The
1178	Commissioner of Agriculture shall appoint each other member of
1179	the authority. Each member appointed by the Commissioner of
1180	Agriculture shall serve at the pleasure of the Commissioner of
1181	Agriculture. The term of each member appointed by the
1182	Commissioner of Agriculture shall be 4 years, but the term of
1183	the nonvoting youth member shall be for 1 year except, to
1184	provide staggered terms, 9 of the members shall be initially
1185	appointed for a 2-year term and 10 of the members shall be
1186	initially appointed for a 3-year term. Members may be appointed
1187	for more than one term. Any vacancy shall be filled for the
1188	remainder of the unexpired term pursuant to the method provided
1189	in this section for appointment. Six of the members may be from
1190	Hillsborough County. The Commissioner of Agriculture shall
1191	appoint and set the compensation of an executive director. The
1192	executive director shall serve at the pleasure of the
1193	Commissioner of Agriculture.
1194	(3)  Members of the authority are shall not be entitled to
1195	compensation for their services as members and may not, but
1196	shall be reimbursed for travel expenses. Except for the
1197	nonvoting youth member, each member as provided in s. 112.061
1198	and may be compensated for any special or full-time service
1199	performed in the authority's its behalf as officers or agents of
1200	the authority.
1201	Section 44.  Paragraph (c) of subsection (2) of section
1202	812.014, Florida Statutes, is amended to read:
1203	812.014  Theft.-
1204	(2)
1205	(c)  It is grand theft of the third degree and a felony of
1206	the third degree, punishable as provided in s. 775.082, s.
1207	775.083, or s. 775.084, if the property stolen is:
1208	1.  Valued at $300 or more, but less than $5,000.
1209	2.  Valued at $5,000 or more, but less than $10,000.
1210	3.  Valued at $10,000 or more, but less than $20,000.
1211	4.  A will, codicil, or other testamentary instrument.
1212	5.  A firearm.
1213	6.  A motor vehicle, except as provided in paragraph (a).
1214	7.  Any commercially farmed animal, including any animal of
1215	the equine, bovine, or swine class, or other grazing animal; a
1216	bee colony of a registered beekeeper;, and including aquaculture
1217	species raised at a certified aquaculture facility. If the
1218	property stolen is aquaculture species raised at a certified
1219	aquaculture facility, then a $10,000 fine shall be imposed.
1220	8.  Any fire extinguisher.
1221	9.  Any amount of citrus fruit consisting of 2,000 or more
1222	individual pieces of fruit.
1223	10.  Taken from a designated construction site identified
1224	by the posting of a sign as provided for in s. 810.09(2)(d).
1225	11.  Any stop sign.
1226	12.  Anhydrous ammonia.
1227
1228	However, if the property is stolen within a county that is
1229	subject to a state of emergency declared by the Governor under
1230	chapter 252, the property is stolen after the declaration of
1231	emergency is made, and the perpetration of the theft is
1232	facilitated by conditions arising from the emergency, the
1233	offender commits a felony of the second degree, punishable as
1234	provided in s. 775.082, s. 775.083, or s. 775.084, if the
1235	property is valued at $5,000 or more, but less than $10,000, as
1236	provided under subparagraph 2., or if the property is valued at
1237	$10,000 or more, but less than $20,000, as provided under
1238	subparagraph 3. As used in this paragraph, the term "conditions
1239	arising from the emergency" means civil unrest, power outages,
1240	curfews, voluntary or mandatory evacuations, or a reduction in
1241	the presence of or the response time for first responders or
1242	homeland security personnel. For purposes of sentencing under
1243	chapter 921, a felony offense that is reclassified under this
1244	paragraph is ranked one level above the ranking under s.
1245	921.0022 or s. 921.0023 of the offense committed.
1246	Section 45.  Paragraphs (f) and (g) of subsection (1) of
1247	section 812.015, Florida Statutes, are amended to read:
1248	812.015  Retail and farm theft; transit fare evasion;
1249	mandatory fine; alternative punishment; detention and arrest;
1250	exemption from liability for false arrest; resisting arrest;
1251	penalties.-
1252	(1)  As used in this section:
1253	(f)  "Farmer" means a person who is engaging in the growing
1254	or producing of farm produce, milk products, honey, eggs, or
1255	meat, either part time or full time, for personal consumption or
1256	for sale and who is the owner or lessee of the land or a person
1257	designated in writing by the owner or lessee to act as her or
1258	his agent. No person defined as a farm labor contractor pursuant
1259	to s. 450.28 shall be designated to act as an agent for purposes
1260	of this section.
1261	(g)  "Farm theft" means the unlawful taking possession of
1262	any items that are grown or produced on land owned, rented, or
1263	leased by another person. The term includes the unlawful taking
1264	possession of equipment and associated materials used to grow or
1265	produce farm products as defined in s. 823.14(3)(c).
1266	Section 46.  This act shall take effect July 1, 2011.

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