CS/CS/HB 7215

1	A bill to be entitled
2	An act relating to the Department of Agriculture and
3	Consumer Services; amending s. 20.14, F.S.; deleting a
4	provision establishing the Division of Dairy within the
5	department; amending s. 193.461, F.S.; redefining the term
6	"agricultural purposes" as it relates to the assessment of
7	land classified as agricultural by the property appraiser;
8	amending s. 215.981, F.S.; exempting certain direct-
9	support organizations and citizen support organizations
10	for the department from obtaining an independent audit;
11	requiring the department to establish accounting and
12	financial management guidelines for such organizations and
13	annually review the operations and finances of a selected
14	number of such organizations; amending s. 253.02, F.S.;
15	providing for the grantee of easements for electrical
16	transmission to pay the lead manager of the state-owned
17	lands or, when there is no lead manager, the Department of
18	Environmental Protection if suitable replacement uplands
19	cannot be identified; amending s. 261.04, F.S.; deleting
20	provisions requiring the reimbursement of members of the
21	Off-Highway Vehicle Recreation Advisory Committee for per
22	diem and travel expenses; amending s. 381.0014, F.S., to
23	conform to changes made by the act; amending s. 482.051,
24	F.S.; providing additional methods for pest control
25	licensees to give certain emergency notice to the
26	Department of Agriculture and Consumer Services before
27	performing general fumigation; amending s. 482.071, F.S.;
28	revising the minimum bodily injury and property damage
29	insurance coverage required for pest control businesses;
30	creating s. 482.072, F.S.; providing for licensure by the
31	department of pest control customer contact centers;
32	providing application requirements; providing for fees,
33	licensure renewal, licensure expiration, transfer of
34	licenses, and penalties; creating s. 482.157, F.S.;
35	providing for limited certification of commercial wildlife
36	trappers; providing requirements for certification,
37	examination, and fees; limiting the scope of work
38	permitted by certificateholders; amending s. 482.183,
39	F.S.; providing that licensees and certificateholders who
40	practice accepted pest control methods are immune from
41	liability for violating laws prohibiting cruelty to
42	animals; providing for applicability; amending s. 482.226,
43	F.S.; revising the minimum financial responsibility
44	requirements for licensees that perform wood-destroying
45	organism inspections; amending s. 482.243, F.S.; deleting
46	provisions relating to the reimbursement of members of the
47	Pest Control Enforcement Advisory Council for expenses;
48	amending s. 487.041, F.S.; providing that registration,
49	supplemental, and late fees related to the registration of
50	pesticide brands with the department are nonrefundable;
51	providing requirements for label revisions of pesticide
52	brands; providing requirements for label revisions that
53	must be reviewed by the United States Environmental
54	Protection Agency; requiring payments of pesticide
55	registration fees to be submitted electronically by a date
56	certain; amending s. 487.0615, F.S.; deleting provisions
57	requiring the reimbursement of members of the Pesticide
58	Review Council for per diem and travel expenses; amending
59	s. 500.70, F.S.; requiring certain persons who produce,
60	harvest, pack, or repack tomatoes to register each
61	location of a tomato farm, tomato greenhouse, tomato
62	packinghouse, or tomato repacker by a specified date;
63	authorizing the department to set a registration fee;
64	requiring that funds collected be deposited into the
65	General Inspection Trust Fund; revising the title of
66	chapter 502, F.S.; amending s. 502.012, F.S.; defining
67	terms related to the department's regulation of frozen
68	desserts; amending s. 502.013, F.S.; revising legislative
69	purpose and intent, to conform; amending s. 502.014, F.S.;
70	revising the department's powers and duties; authorizing
71	the department to administer and enforce regulations of
72	frozen desserts and frozen dessert mix; revising the
73	federal publication upon which certain milk sanitation
74	ratings are based; authorizing the department to adopt
75	rules; repealing s. 502.032, F.S., relating to milkfat
76	tester's permits and permit fees; amending s. 502.053,
77	F.S.; providing permitting and licensing requirements and
78	imposing permit and license fees for frozen dessert plants
79	and milkfat testers; providing certain reporting
80	requirements for frozen dessert plant permitholders;
81	providing certain recordkeeping requirements for licensed
82	milkfat testers; providing an exemption; amending s.
83	502.054, F.S.; requiring the department to inspect certain
84	frozen desserts and frozen dessert plants; amending s.
85	502.091, F.S.; authorizing sales of certain ice cream and
86	frozen desserts; amending s. 502.121, F.S.; restricting
87	the construction or extensive alteration of frozen dessert
88	plants; amending ss. 502.181 and 502.231, F.S.;
89	prohibiting certain acts related to the regulation of
90	frozen desserts; providing penalties; amending s. 502.232,
91	F.S.; preempting to the state the local regulation of
92	frozen desserts at wholesale; repealing chapter 503, F.S.,
93	relating to the state's regulation of frozen desserts,
94	enforcement and penalties for violations of such
95	regulations, licensure of frozen dessert plants, and
96	preemption of municipal and county regulations of frozen
97	desserts; amending ss. 527.22 and 559.9221, F.S.; deleting
98	provisions authorizing the reimbursement of members of the
99	Florida Propane Gas Education, Safety, and Research
100	Council and the Motor Vehicle Repair Advisory Council for
101	per diem and travel expenses; amending ss. 570.07 and
102	576.181, F.S.; requiring the department to regulate the
103	sale, composition, packaging, labeling, wholesale and
104	retail distribution, and formulation of fertilizer;
105	preempting such regulation of fertilizer to the state;
106	exempting certain ordinances adopted before a specified
107	date from such preemption; authorizing county and
108	municipal governments to enforce such ordinances exempt
109	from preemption; revising the department's powers and
110	duties relating to pollution control and the prevention of
111	wildfires; conforming provisions; amending s. 570.0705,
112	F.S.; deleting provisions requiring the reimbursement for
113	per diem and travel expenses of members of certain ad hoc
114	advisory committees appointed by the Commissioner of
115	Agriculture; amending s. 570.074, F.S.; renaming the
116	Office of Water Coordination and revising its policy
117	jurisdiction; amending s. 570.18, F.S., to conform;
118	amending s. 570.23, F.S.; deleting provisions requiring
119	the reimbursement of members of the State Agricultural
120	Advisory Council for per diem and travel expenses;
121	amending s. 570.29, F.S.; deleting a provision
122	establishing the Division of Dairy Industry within the
123	department; amending ss. 570.38 and 570.382, F.S.;
124	deleting provisions requiring the reimbursement of members
125	of the Animal Industry Technical Council and the Arabian
126	Horse Council for per diem and travel expenses; repealing
127	ss. 570.40 and 570.41, F.S., relating to the powers and
128	duties of the Division of Dairy within the department and
129	the qualifications and duties of the division's director;
130	amending s. 570.42, F.S.; deleting provisions requiring
131	the reimbursement of members of the Dairy Industry
132	Technical Council for per diem and travel expenses;
133	amending s. 570.50, F.S.; conforming provisions; requiring
134	the Division of Food Safety within the department to
135	inspect certain dairy farms and plants, perform certain
136	analyses and tests, and enforce certain rules and
137	provisions of law; amending s. 570.51, F.S., to conform;
138	amending s. 570.543, F.S.; deleting provisions requiring
139	the reimbursement of members of the Florida Consumers'
140	Council for per diem and travel expenses; amending s.
141	570.954, F.S.; removing the requirement that the
142	department coordinate with and solicit the expertise of
143	the state energy office when developing the farm-to-fuel
144	initiative; amending ss. 571.28, 573.112, 576.091,
145	580.151, 581.186, and 586.161, F.S.; deleting provisions
146	requiring the reimbursement of members of the Florida
147	Agricultural Promotional Campaign Advisory Council,
148	certain ad hoc advisory councils appointed to advise the
149	department concerning the issuance of marketing orders,
150	the Fertilizer Technical Council, the Commercial Feed
151	Technical Council, the Endangered Plant Advisory Council,
152	and the Honeybee Technical Council for per diem and travel
153	expenses; amending s. 590.015, F.S.; revising and
154	providing definitions for purposes of forest protection;
155	amending s. 590.02, F.S.; authorizing forest operations
156	administrators to be certified as forestry firefighters;
157	granting the department certain exclusive authority over
158	the Florida Building Code; authorizing the department to
159	retain, transfer, warehouse, bid, destroy, scrap, or
160	dispose of certain surplus equipment and vehicles;
161	authorizing the department to retain any moneys received
162	from the disposition of certain state-owned equipment and
163	vehicles; providing that moneys received may be used for
164	the acquisition of certain exchange and surplus equipment
165	and all necessary operating expenditures related to the
166	equipment; requiring the department to maintain records of
167	the accounts into which the money is deposited; granting
168	the department exclusive authority to require and issue
169	authorizations for broadcast burning, agricultural pile
170	burning, and silvicultural pile burning; preempting other
171	governmental entities from adopting laws, regulations,
172	rules, or policies pertaining to broadcast burning,
173	agricultural pile burning, or silvicultural pile burning
174	unless an emergency order has been declared; authorizing
175	the department to delegate its authority to a county or
176	municipality to issue authorizations for the burning of
177	yard trash and debris from land-clearing operations;
178	amending s. 590.125, F.S.; revising and providing
179	definitions relating to open burning authorizations;
180	specifying purposes of certified prescribed burning;
181	requiring the division's authorization for certified pile
182	burning; providing pile burning requirements; limiting the
183	liability of property owners or agents engaged in pile
184	burning; providing for the certification of pile burners;
185	providing penalties for violations by certified pile
186	burners; requiring the division to adopt rules to regulate
187	certified pile burning; revising notice requirements for
188	wildfire hazard reduction treatments; requiring division
189	approval of local government open burning authorization
190	programs; providing program requirements; authorizing the
191	division to resume administration of a local government's
192	program under certain circumstances; providing penalties
193	for violations of local government open burning
194	requirements; amending s. 590.14, F.S.; authorizing a
195	division employee to issue a notice of violation for any
196	division rule; authorizing the division to impose an
197	administrative fine for a violation of any division rule;
198	providing penalties for certain violations; providing
199	legislative intent; amending ss. 597.005 and 599.002,
200	F.S.; deleting provisions requiring the reimbursement of
201	members of the Aquaculture Review Council and the
202	Viticulture Advisory Council for per diem and travel
203	expenses; amending s. 616.17, F.S.; providing certain
204	authorities or fair associations with immunity from
205	liability for damages resulting from exhibits and
206	concessions at public fairs; providing exceptions;
207	amending s. 616.252, F.S.; providing for the appointment
208	and term of a nonvoting youth member of the Florida State
209	Fair Authority; deleting provisions requiring staggered
210	terms; prohibiting the reimbursement of members of the
211	Florida State Fair Authority for per diem and travel
212	expenses; excluding the youth member from compensation for
213	special or full-time service performed on behalf of the
214	authority; amending s. 812.014, F.S.; providing penalties
215	for the theft of bee colonies of registered beekeepers;
216	amending s. 812.015, F.S.; redefining the term "farmer" to
217	include a person who grows or produces honey; redefining
218	the term "farm theft" to include the unlawful taking
219	possession of equipment and associated materials used to
220	grow or produce certain farm products; renaming the
221	department's Division of Forestry as the Florida Forest
222	Service; providing for conforming legislation; providing
223	for assistance to certain legislative substantive
224	committees by the Division of Statutory Revision of the
225	Office of Legislative Services for certain purposes;
226	amending ss. 20.14, 261.03, 570.29, 570.548, 570.549,
227	570.903, and 590.015, F.S., to conform; providing an
228	appropriation; providing an effective date.
229
230	Be It Enacted by the Legislature of the State of Florida:
231
232	Section 1.  Paragraphs (g) through (m) of subsection (2) of
233	section 20.14, Florida Statutes, are redesignated as paragraphs
234	(f) through (l), respectively, and present paragraph (f) of that
235	subsection is amended to read:
236	20.14  Department of Agriculture and Consumer Services.-
237	There is created a Department of Agriculture and Consumer
238	Services.
239	(2)  The following divisions of the Department of
240	Agriculture and Consumer Services are established:
241	(f)  Dairy Industry.
242	Section 2.  Subsection (5) of section 193.461, Florida
243	Statutes, is amended to read:
244	193.461  Agricultural lands; classification and assessment;
245	mandated eradication or quarantine program.-
246	(5)  For the purpose of this section, "agricultural
247	purposes" includes, but is not limited to, horticulture;
248	floriculture; viticulture; forestry; dairy; livestock; poultry;
249	bee; pisciculture, when the land is used principally for the
250	production of tropical fish; aquaculture; sod farming; and all
251	forms of farm products as defined in s. 823.14(3) and farm
252	production.
253	Section 3.  Subsection (2) of section 215.981, Florida
254	Statutes, is amended to read:
255	215.981  Audits of state agency direct-support
256	organizations and citizen support organizations.-
257	(2)  Notwithstanding the provisions of subsection (1),
258	direct-support organizations and citizen support organizations
259	for the Department of Environmental Protection or direct-support
260	organizations and citizen support organizations for the
261	Department of Agriculture and Consumer Services that are not for
262	profit and that have annual expenditures of less than $300,000
263	are not required to have an independent audit. The respective
264	department shall establish accounting and financial management
265	guidelines for those organizations under its the department's
266	jurisdiction. Each year, the respective department shall conduct
267	operational and financial reviews of a selected number of
268	direct-support organizations or citizen support organizations
269	that which fall below the audit threshold established in this
270	subsection.
271	Section 4.  Paragraph (b) of subsection (2) of section
272	253.02, Florida Statutes, is amended to read:
273	253.02  Board of trustees; powers and duties.-
274	(2)
275	(b)  The authority of the board of trustees to grant
276	easements for rights-of-way over, across, and upon uplands the
277	title to which is vested in the board of trustees for the
278	construction and operation of electric transmission and
279	distribution facilities and related appurtenances is hereby
280	confirmed. The board of trustees may delegate to the Secretary
281	of Environmental Protection the authority to grant such
282	easements on its behalf. All easements for rights-of-way over,
283	across, and upon uplands the title to which is vested in the
284	board of trustees for the construction and operation of electric
285	transmission and distribution facilities and related
286	appurtenances which are approved by the Secretary of
287	Environmental Protection pursuant to the authority delegated by
288	the board of trustees shall meet the following criteria:
289	1.  Such easements shall not prevent the use of the state-
290	owned uplands adjacent to the easement area for the purposes for
291	which such lands were acquired and shall not unreasonably
292	diminish the ecological, conservation, or recreational values of
293	the state-owned uplands adjacent to the easement area.
294	2.  There is no practical and prudent alternative to
295	locating the linear facility and related appurtenances on state-
296	owned upland. For purposes of this subparagraph, the test of
297	practicality and prudence shall compare the social, economic,
298	and environmental effects of the alternatives.
299	3.  Appropriate steps are taken to minimize the impacts to
300	state-owned uplands. Such steps may include:
301	a.  Siting of facilities so as to reduce impacts and
302	minimize fragmentation of the overall state-owned parcel;
303	b.  Avoiding significant wildlife habitat, wetlands, or
304	other valuable natural resources to the maximum extent
305	practicable; or
306	c.  Avoiding interference with active land management
307	practices, such as prescribed burning.
308	4.  Except for easements granted as a part of a land
309	exchange to accomplish a recreational or conservation benefit or
310	other public purpose, in exchange for such easements, the
311	grantee pays an amount equal to the market value of the interest
312	acquired. In addition, for the initial grant of such easements
313	only, the grantee shall provide additional compensation by
314	vesting in the board of trustees fee simple title to other
315	available uplands that are 1.5 times the size of the easement
316	acquired by the grantee. The Secretary of Environmental
317	Protection shall approve the property to be acquired on behalf
318	of the board of trustees based on the geographic location in
319	relation to the land proposed to be under easement and a
320	determination that economic, ecological, and recreational value
321	is at least equivalent to the value of the lands under proposed
322	easement. Priority for replacement uplands shall be given to
323	parcels identified as inholdings and additions to public lands
324	and lands on a Florida Forever land acquisition list. However,
325	if suitable replacement uplands cannot be identified, the
326	grantee shall provide additional compensation for the initial
327	grant of such easements only by paying to the lead manager of
328	the state-owned lands or, when there is no lead manager, by
329	paying to the department an amount equal to two times the
330	current market value of the state-owned land or the highest and
331	best use value at the time of purchase, whichever is greater.
332	When determining such use of funds, priority shall be given to
333	parcels identified as inholdings and additions to public lands
334	and lands on a Florida Forever land acquisition list.
335	Section 5.  Subsection (5) of section 261.04, Florida
336	Statutes, is amended to read:
337	261.04  Off-Highway Vehicle Recreation Advisory Committee;
338	members; appointment.-
339	(5)  The members of the advisory committee shall serve
340	without compensation, but shall be reimbursed for travel and per
341	diem expenses as provided in s. 112.061, while in the
342	performance of their official duties.
343	Section 6.  Section 381.0014, Florida Statutes, is amended
344	to read:
345	381.0014  Regulations and ordinances superseded.-The rules
346	adopted by the department under the provisions of this chapter
347	shall, as to matters of public health, supersede all rules
348	enacted by other state departments, boards or commissions, or
349	ordinances and regulations enacted by municipalities, except
350	that this chapter does not alter or supersede any of the
351	provisions set forth in chapter chapters 502 and 503 or any rule
352	adopted under that chapter the authority of those chapters.
353	Section 7.  Subsection (4) of section 482.051, Florida
354	Statutes, is amended to read:
355	482.051  Rules.-The department has authority to adopt rules
356	pursuant to ss. 120.536(1) and 120.54 to implement the
357	provisions of this chapter. Prior to proposing the adoption of a
358	rule, the department shall counsel with members of the pest
359	control industry concerning the proposed rule. The department
360	shall adopt rules for the protection of the health, safety, and
361	welfare of pest control employees and the general public which
362	require:
363	(4)  That a licensee, before performing general fumigation,
364	notify in writing the department inspector having jurisdiction
365	over the location where the fumigation is to be performed, which
366	notice must be received by the department inspector at least 24
367	hours before in advance of the fumigation and must contain such
368	information as the department requires. However, in an authentic
369	and verifiable emergency, when 24 hours' advance notice
370	notification is not possible, advance notice may be given by
371	telephone, facsimile, or any form of acceptable electronic
372	communication, telegraph notice may be given; but such notice
373	must be immediately followed by written confirmation providing
374	the required information.
375	Section 8.  Subsection (4) of section 482.071, Florida
376	Statutes, is amended to read:
377	482.071  Licenses.-
378	(4)  A licensee may not operate a pest control business
379	without carrying the required insurance coverage. Each person
380	making application for a pest control business license or
381	renewal thereof must furnish to the department a certificate of
382	insurance that meets the requirements for minimum financial
383	responsibility for bodily injury and property damage consisting
384	of:
385	(a)  Bodily injury: $250,000 per $100,000 each person and
386	$500,000 per $300,000 each occurrence; and property damage:
387	$250,000 per $50,000 each occurrence and $500,000 $100,000 in
388	the aggregate; or
389	(b)  Combined single-limit coverage: $500,000 $400,000 in
390	the aggregate.
391	Section 9.  Section 482.072, Florida Statutes, is created
392	to read:
393	482.072  Pest control customer contact centers.-
394	(1)  The department may issue a license to a qualified
395	business to operate a customer contact center, to solicit pest
396	control business, or to provide services to customers for one or
397	more business locations licensed under s. 482.071. A person may
398	not operate a customer contact center for a pest control
399	business that is not licensed by the department.
400	(2)(a)  Before operating a customer contact center, and
401	biennially thereafter, on or before an anniversary date set by
402	the department for a licensed customer contact center location,
403	the pest control business must apply to the department for a
404	license under this chapter, or a renewal thereof, for each
405	customer contact center location. An application must be
406	submitted in the format prescribed by the department.
407	(b)  The department shall establish a fee of at least $600,
408	but not more than $1,000, for the issuance of a customer contact
409	center license and a fee of at least $600, but not more than
410	$1,000, for renewal of a customer contact center license.
411	However, until rules for renewal fees are adopted, the initial
412	licensing fee and renewal fee are each $600. The department
413	shall establish a grace period, not to exceed 30 calendar days
414	after the license's anniversary renewal date, and shall assess a
415	late fee of $150, in addition to the renewal fee, for a license
416	that is renewed after the grace period.
417	(c)  A license automatically expires 60 calendar days after
418	the anniversary renewal date unless the license is renewed
419	before that date. When a license expires, it may be reinstated
420	only upon reapplication and payment of the license renewal fee
421	and a late renewal fee.
422	(d)  A license automatically expires if a licensee changes
423	the business address of its customer contact center location.
424	The department shall issue a new license upon payment of a $250
425	fee. The new license automatically expires 60 calendar days
426	after the anniversary renewal date of the former license unless
427	the license is renewed before that date.
428	(e)  The department may not issue or renew a license to
429	operate a customer contact center unless the pest control
430	business licensees for which the customer contact center
431	solicits business are owned in common by a person or business
432	entity recognized by this state.
433	(f)  The department may deny a license or refuse to renew a
434	license if the applicant or licensee, or one or more of the
435	applicant's or licensee's directors, officers, owners, or
436	general partners, are or have been directors, officers, owners,
437	or general partners of a pest control business that meets the
438	conditions in s. 482.071(2)(g).
439	(g)  Sections 482.091 and 482.152 do not apply to a person
440	who solicits pest control services or provides customer service
441	in a licensed customer contact center unless the person performs
442	pest control as defined in s. 482.021(22)(a)-(d), executes a
443	pest control contract, or accepts remuneration for such work.
444	(h)  Section 482.071(2)(e) does not apply to a license
445	issued under this section.
446	(3)(a)  The department shall adopt rules establishing
447	requirements and procedures for customer contact center
448	recordkeeping and monitoring to ensure compliance with this
449	section and rules adopted in accordance with this section.
450	(b)  Notwithstanding any other provision of this section:
451	1.  A customer contact center licensee is subject to
452	disciplinary action under s. 482.161 for a violation of this
453	section or a rule adopted under this section committed by a
454	person who solicits pest control services or provides customer
455	service in a customer contact center.
456	2.  A pest control business licensee may be subject to
457	disciplinary action under s. 482.161 for a violation of this
458	section or a rule adopted under this section committed by a
459	person who solicits pest control services or provides customer
460	service in a customer contact center operated by a licensee if
461	the licensee participates in the violation.
462	Section 10.  Section 482.157, Florida Statutes, is created
463	to read:
464	482.157  Limited certification for commercial wildlife
465	management personnel.-
466	(1)  The department shall establish a limited certificate
467	that authorizes a person who engages in the commercial trapping
468	of wildlife to use nonchemical methods, including traps,
469	mechanical or electronic devices, and exclusionary techniques to
470	control commensal rodents.
471	(2)  The department shall issue a limited certificate to an
472	applicant who:
473	(a)  Submits an application and examination fee of at least
474	$150, but not more than $300, as prescribed by the department by
475	rule;
476	(b)  Passes an examination administered by the department.
477	The department shall provide the appropriate study materials for
478	the examination and make the examination readily available to
479	applicants in each county as necessary, but not less frequently
480	than quarterly; and
481	(c)  Provides proof, including a certificate of insurance,
482	that the applicant has met the minimum bodily injury and
483	property damage insurance requirements in s. 482.071(4).
484	(3)  An application for recertification must be made
485	annually and be accompanied by a recertification fee of at least
486	$75, but not more than $150, as prescribed by the department by
487	rule. The application must also be accompanied by proof of
488	completion of the required 4 classroom hours of acceptable
489	continuing education and the required proof of insurance. After
490	a grace period not exceeding 30 calendar days after the
491	recertification renewal date, the department shall assess a late
492	fee of $50 in addition to the renewal fee. A certificate
493	automatically expires 180 days after the recertification date if
494	the renewal fee has not been paid. After expiration, the
495	department shall issue a new certificate only if the applicant
496	successfully passes a reexamination and pays the examination fee
497	and late fee.
498	(4)  Certification under this section does not authorize:
499	(a)  The use of pesticides or chemical substances, other
500	than adhesive materials, to control rodents or other nuisance
501	wildlife in, on, or under structures;
502	(b)  Operation of a pest control business; or
503	(c)  Supervision of an uncertified person using nonchemical
504	methods to control rodents.
505	Section 11.  Section 482.183, Florida Statutes, is amended
506	to read:
507	482.183  Limitations.-
508	(1)(a)  A person may not be charged with a violation of
509	this chapter or any rule adopted pursuant to this chapter more
510	than 3 years after the date of the violation.
511	(b)(2)  For the purpose of this subsection section, a
512	charge of violation is considered to have been made upon the
513	issuance of a notice or citation by the department charging such
514	violation.
515	(2)  A person licensed or certified under this chapter who
516	practices accepted pest control methods is immune from liability
517	under s. 828.12.
518	(3)  This chapter does not exempt a person from the rules,
519	regulations, or orders of the Fish and Wildlife Conservation
520	Commission.
521	Section 12.  Subsection (6) of section 482.226, Florida
522	Statutes, is amended to read:
523	482.226  Wood-destroying organism inspection report; notice
524	of inspection or treatment; financial responsibility.-
525	(6)  Any licensee that performs wood-destroying organism
526	inspections in accordance with subsection (1) must meet minimum
527	financial responsibility in the form of errors and omissions
528	(professional liability) insurance coverage or bond in an amount
529	no less than $500,000 $50,000 in the aggregate and $250,000
530	$25,000 per occurrence, or demonstrate that the licensee has
531	equity or net worth of no less than $500,000 $100,000 as
532	determined by generally accepted accounting principles
533	substantiated by a certified public accountant's review or
534	certified audit. The licensee must show proof of meeting this
535	requirement at the time of license application or renewal
536	thereof.
537	Section 13.  Subsection (6) of section 482.243, Florida
538	Statutes, is amended to read:
539	482.243  Pest Control Enforcement Advisory Council.-
540	(6)  The meetings, powers and duties, procedures, and
541	recordkeeping, and reimbursement of expenses of members of the
542	council shall be in accordance with the provisions of s.
543	570.0705 relating to advisory committees established within the
544	department.
545	Section 14.  Paragraph (a) of subsection (1) of section
546	487.041, Florida Statutes, is amended, and paragraphs (h), (i),
547	and (j) are added to that subsection, to read:
548	487.041  Registration.-
549	(1)(a)  Effective January 1, 2009, each brand of pesticide,
550	as defined in s. 487.021, which is distributed, sold, or offered
551	for sale, except as provided in this section, within this state
552	or delivered for transportation or transported in intrastate
553	commerce or between points within this state through any point
554	outside this state must be registered in the office of the
555	department, and such registration shall be renewed biennially.
556	Emergency exemptions from registration may be authorized in
557	accordance with the rules of the department. The registrant
558	shall file with the department a statement including:
559	1.  The name, business mailing address, and street address
560	of the registrant.
561	2.  The name of the brand of pesticide.
562	3.  An ingredient statement and a complete current copy of
563	the labeling accompanying the brand of the pesticide, which must
564	conform to the registration, and a statement of all claims to be
565	made for it, including directions for use and a guaranteed
566	analysis showing the names and percentages by weight of each
567	active ingredient, the total percentage of inert ingredients,
568	and the names and percentages by weight of each "added
569	ingredient."
570	(h)  All registration fees, including supplemental fees and
571	late fees, are nonrefundable.
572	(i)  For any currently registered pesticide product brand
573	that undergoes labeling revisions during the registration
574	period, the registrant shall submit to the department a copy of
575	the revised labeling along with a cover letter detailing such
576	revisions before the sale or distribution in this state of the
577	product brand with the revised labeling. If the labeling
578	revisions require notification of an amendment review by the
579	United States Environmental Protection Agency, the registrant
580	shall submit an additional copy of the labeling marked to
581	identify those revisions.
582	(j)  Effective January 1, 2013, all payments of any
583	pesticide registration fees, including supplemental fees and
584	late fees, shall be submitted electronically using the
585	department's Internet website for registration of pesticide
586	product brands.
587	Section 15.  Subsection (5) of section 487.0615, Florida
588	Statutes, is amended to read:
589	487.0615  Pesticide Review Council.-
590	(5)  Members of the council shall receive no compensation
591	for their services, but are entitled to be reimbursed for per
592	diem and travel expenses as provided in s. 112.061.
593	Section 16.  Subsection (6) of section 500.70, Florida
594	Statutes, is renumbered as subsection (7), and a new subsection
595	(6) is added to that section to read:
596	500.70  Tomato food safety standards; inspections;
597	penalties; tomato good agricultural practices; tomato best
598	management practices.-
599	(6)  Any person who produces, harvests, packs, or repacks
600	tomatoes in this state and does not hold a food permit issued
601	under s. 500.12 shall annually register each location of a
602	tomato farm, tomato greenhouse, tomato packinghouse, or tomato
603	repacker by August 1 on a form prescribed by the department. Any
604	person who produces, harvests, packs, or repacks tomatoes at
605	more than one location may submit one registration for all such
606	locations but must provide the physical address of each
607	location. The department may set by rule an annual registration
608	fee not to exceed $500. Moneys collected pursuant to this
609	subsection shall be deposited into the General Inspection Trust
610	Fund.
611	Section 17.  The title of chapter 502, Florida Statutes, is
612	redesignated as "MILK, MILK PRODUCTS, AND FROZEN DESSERTS."
613	Section 18.  Section 502.012, Florida Statutes, is amended
614	to read:
615	502.012  Definitions.-As used in this chapter, the term The
616	following definitions shall apply in the interpretation and
617	enforcement of this law:
618	(1)  "Bulk milk pickup tanker" means a vehicle, including
619	the truck and tank, and necessary attachments, used by a milk
620	hauler to transport bulk raw milk for pasteurization from a
621	dairy farm to a milk plant, receiving station, or transfer
622	station.
623	(2)  "Dairy farm" means any place or premises where one or
624	more cows, goats, sheep, water buffalo, or other hooved mammals
625	are kept and from which a part or all of the milk is provided,
626	sold, or offered for sale.
627	(3)  "Department" means the Department of Agriculture and
628	Consumer Services.
629	(4)  "Frozen dessert" means a specific standardized frozen
630	dessert described in 21 C.F.R. part 135 and any other food
631	defined by rule of the department that resembles such
632	standardized frozen dessert but does not conform to the specific
633	description of such standardized frozen dessert in 21 C.F.R.
634	part 135. The term includes, but is not limited to, a
635	quiescently frozen confection, a quiescently frozen dairy
636	confection, a frozen dietary dairy dessert, and a frozen dietary
637	dessert.
638	(5)  "Frozen desserts manufacturer" means a person who
639	manufactures, processes, converts, partially freezes, or freezes
640	any mix or frozen dessert for distribution or sale.
641	(6)  "Frozen desserts plant" means any location or premises
642	at which frozen desserts or mix are manufactured, processed, or
643	frozen for distribution or sale at wholesale.
644	(7)  "Frozen desserts retail establishment" means any
645	location or premises, including a retail store, stand, hotel,
646	boardinghouse, restaurant, vehicle, or mobile unit, at which
647	frozen desserts are frozen, partially frozen, or dispensed for
648	sale at retail.
649	(8)  "Frozen dietary dairy dessert" or "frozen dietary
650	dessert" means a food for any special dietary use, prepared by
651	freezing, with or without agitation, and composed of a
652	pasteurized mix that may contain fat, protein, carbohydrates,
653	natural or artificial sweeteners, flavoring, stabilizers,
654	emulsifiers, vitamins, and minerals.
655	(9)(4)  "Grade 'A' pasteurized milk ordinance" means the
656	document entitled "Grade 'A' Pasteurized Milk Ordinance, United
657	States Department of Health and Human Services, Public Health
658	Service, Food and Drug Administration," including all associated
659	appendices, as adopted by department rule.
660	(10)(5)  "Imitation milk and imitation milk products" means
661	those foods that have the physical characteristics, such as
662	taste, flavor, body, texture, or appearance, of milk or milk
663	products as defined in this chapter and the Grade "A"
664	pasteurized milk ordinance but do not come within the definition
665	of "milk" or "milk products" and are nutritionally inferior to
666	the product imitated.
667	(11)(6)  "Milk" means the lacteal secretion, practically
668	free from colostrum, obtained by the complete milking of one or
669	more healthy cows, goats, sheep, water buffalo, or other hooved
670	mammals.
671	(12)(7)  "Milk distributor" means any person who offers for
672	sale or sells to another person any milk or milk product.
673	(13)(8)  "Milk products" means products made with milk that
674	is processed in some manner, including being whipped, acidified,
675	cultured, concentrated, lactose-reduced, or sodium-reduced or
676	aseptically processed, or having the addition or subtraction of
677	milkfat, the addition of safe and suitable microbial organisms,
678	or the addition of safe and suitable optional ingredients for
679	protein, vitamin, or mineral fortification. "Milk products" do
680	not include products such as evaporated milk, condensed milk,
681	eggnog in a rigid metal container, dietary products, infant
682	formula, or ice cream and other desserts.
683	(14)(9)  "Milkfat" or "butterfat" means the fat contained
684	in milk.
685	(15)(10)  "Milk hauler" means any person who transports raw
686	milk or raw milk products to or from a milk plant, receiving
687	station, or transfer station.
688	(16)(11)  "Milk plant" means any place, premises, or
689	establishment where milk or milk products are collected,
690	handled, processed, stored, pasteurized, aseptically processed,
691	bottled, or prepared for distribution.
692	(17)(12)  "Milk plant operator" means any person
693	responsible for receiving, processing, pasteurizing, or
694	packaging milk and milk products, or performing any other
695	related operation.
696	(18)(13)  "Milk producer" means any person who operates a
697	dairy farm and provides, sells, or offers for sale milk to a
698	milk plant, receiving station, or transfer station.
699	(19)(14)  "Milk tank truck" means either a bulk milk pickup
700	tanker or a milk transport tank.
701	(20)(15)  "Milk transport tank" means a vehicle, including
702	the truck and tank, used by a milk hauler to transport bulk
703	shipments of milk from a milk plant, receiving station, or
704	transfer station to another milk plant, receiving station, or
705	transfer station.
706	(21)  "Quiescently frozen confection" means a clean and
707	wholesome frozen, sweetened, flavored product that, while being
708	frozen, was not stirred or agitated (generally known as
709	quiescent freezing). The confection may be acidulated with food-
710	grade acid, may contain milk solids or water, or may be made
711	with or without added harmless pure or imitation flavoring and
712	with or without harmless coloring. The finished product must not
713	contain more than 0.5 percent by weight of stabilizer composed
714	of wholesome, edible material and must not contain less than 17
715	percent by weight of total food solids. In the production of the
716	confection, processing or mixing before quiescent freezing that
717	develops in the finished confection mix any physical expansion
718	in excess of 10 percent may not be used.
719	(22)  "Quiescently frozen dairy confection" means a clean
720	and wholesome frozen product made from water, milk products, and
721	sugar, with added harmless pure or imitation flavoring, with or
722	without added harmless coloring, with or without added
723	stabilizer, or with or without added emulsifier, that, while
724	being frozen, was not stirred or agitated (generally known as
725	quiescent freezing). The confection must not contain less than
726	13 percent by weight of total milk solids, less than 33 percent
727	by weight of total food solids, more than 0.5 percent by weight
728	of stabilizer, or more than 0.2 percent of weight by emulsifier.
729	Stabilizer and emulsifier must be composed of wholesome, edible
730	material. In the production of a quiescently frozen dairy
731	confection, processing or mixing before quiescently freezing
732	that develops in the finished confection mix any physical
733	expansion in excess of 10 percent may not be used.
734	(23)(16)  "Raw milk" means unprocessed milk.
735	(24)(17)  "Receiving station" means any place, premises, or
736	establishment where raw milk is received, collected, handled,
737	stored, or cooled and is prepared for further transporting.
738	(25)(18)  "Substitute milk and substitute milk products"
739	means those foods that have the physical characteristics, such
740	as taste, flavor, body, texture, or appearance, of milk or milk
741	products as defined in this chapter and the Grade "A"
742	pasteurized milk ordinance but do not come within the definition
743	of "milk" or "milk products" and are nutritionally equivalent to
744	the product for which they are substitutes.
745	(26)(19)  "Transfer station" means any place, premises, or
746	establishment where milk or milk products are transferred
747	directly from one milk tank truck to another.
748	(27)(20)  "Washing station" means any place, premises, or
749	establishment where milk tank trucks are cleaned and sanitized.
750	Section 19.  Section 502.013, Florida Statutes, is amended
751	to read:
752	502.013  Purpose; intent.-
753	(1)  PURPOSE.-The purpose of this chapter is to:
754	(a)  Ensure, without undue burden on either the regulatory
755	agency or the dairy industry, that milk, and milk products,
756	frozen desserts, and frozen dessert mix sold or offered for sale
757	in this state are produced under sanitary conditions, are
758	wholesome and fit for human consumption, and are correctly
759	labeled as to grade, quality, and source of production.
760	(b)  Encourage uniformity and a high level of sanitation in
761	milk and frozen dessert production practices in this state.
762	(c)  Facilitate the shipment and acceptance of milk and
763	milk products of high sanitary quality in interstate and
764	intrastate commerce.
765	(d)  Ensure the normal flow of fresh wholesome milk and
766	milk products from the farmer to the consumer by uniform
767	regulation of the shelf life of milk and milk products in this
768	state.
769	(2)  INTENT.-
770	(a)  It is the intent of the Legislature to:
771	1.  Eliminate, to the extent practicable, overlapping and
772	unnecessary inspections of dairy farms, and milk plants, and
773	frozen dessert plants which may be performed by any agency of
774	state or local government.
775	2.  Pay for the regulation of milk and milk products,
776	except as otherwise provided in s. 502.053 502.032, through the
777	General Revenue Fund.
778	(b)  It is not the intent of the Legislature to limit the
779	authority of any agency of state or local government to take
780	immediate action incident to the production, processing, or
781	distribution of milk, and milk products, and frozen desserts
782	when such action is necessary to protect the public health.
783	Section 20.  Subsections (1), (2), (6), and (7) of section
784	502.014, Florida Statutes, are amended to read:
785	502.014  Powers and duties.-
786	(1)  The department shall administer and enforce all
787	regulatory laws currently in effect governing:
788	(a)  The production, processing, and distribution of milk,
789	and milk products, frozen desserts, and frozen dessert mix.
790	(b)  The sanitation and sanitary practices of
791	establishments where food and drink, including milk and milk
792	products, are sold for consumption on the premises, except food
793	service establishments regulated under chapters 381 and 509.
794	(c)  The sanitary and healthful condition of the food and
795	drink sold or offered for sale by establishments under the
796	department's jurisdiction pursuant to paragraph (b).
797	(d)  The laboratory work of testing and analyzing milk, and
798	milk products, frozen desserts, and frozen dessert mix.
799	(2)(a)  The department shall conduct onsite inspections of
800	dairy farms, and milk plants, and frozen dessert plants and
801	collect test samples of milk, and milk products, and frozen
802	desserts as required by this chapter.
803	(b)  The department shall designate employees who shall be
804	certified by the United States Food and Drug Administration as
805	state milk sanitation rating officers, sampling surveillance
806	officers, and laboratory evaluation officers in accordance with
807	the requirements published in "Methods of Making Sanitation
808	Ratings of Milk Shippers Supplies," "Evaluation of Milk
809	Laboratories," and "Procedures Governing the Cooperative State-
810	Public Health Service/Food and Drug Administration Program for
811	Certification of Interstate Milk Shippers," respectively, as
812	adopted by department rule. These officers shall conduct routine
813	sanitation compliance survey ratings of milk producers, milk
814	plants, laboratories, receiving stations, transfer stations, and
815	manufacturers of single-service containers for milk and milk
816	products. These ratings shall be made in accordance with the
817	recommendations of the United States Food and Drug
818	Administration published in "Methods of Making Sanitation
819	Ratings of Milk Shippers." Standard Methods for the Examination
820	of Dairy Products.
821	(6)  The department has authority to adopt rules pursuant
822	to ss. 120.536(1) and 120.54 to implement and enforce the
823	provisions of this chapter. In adopting these rules, the
824	department shall be guided by and may conform to the definitions
825	and standards of the administrative procedures and provisions of
826	the Grade "A" pasteurized milk ordinance and other applicable
827	federal requirements. The rules shall include, but are not
828	limited to:
829	(a)  Standards for milk, and milk products, and frozen
830	desserts.
831	(b)  Provisions for the production, transportation,
832	processing, handling, sampling, examination, grading, labeling,
833	and sale of all milk, and milk products, frozen desserts, and
834	imitation and substitute milk and milk products sold for public
835	consumption in this state.
836	(c)  Provisions for the inspection of dairy herds, dairy
837	farms, frozen dessert plants, and milk plants.
838	(d)  Provisions for the issuance and revocation of permits
839	issued by the department pursuant to this chapter.
840	(7)  The department shall not conduct routine tests or
841	inspections on raw milk that is shipped from outside the state.
842	Nothing in this subsection shall be construed to limit the
843	authority of the department to review industry records or sample
844	milk or frozen desserts at any stage of production, processing,
845	or distribution in cases of suspected hazard to public health.
846	Section 21.  Section 502.032, Florida Statutes, is
847	repealed.
848	Section 22.  Section 502.053, Florida Statutes, is amended
849	to read:
850	502.053  Permits and licenses; fees; requirements;
851	exemptions; temporary permits.-
852	(1)  PERMITS AND LICENSES.-
853	(a)  Each Grade "A" milk plant, whether located in the
854	state or outside the state, and each manufacturing milk plant,
855	milk producer, milk hauler, milk hauling service, washing
856	station operator, milk plant operator, milk distributor, single-
857	service-container manufacturer, receiving station, and transfer
858	station in the state shall apply to the department for a permit
859	to operate. The application shall be on forms developed by the
860	department.
861	(b)  Each frozen dessert plant, whether located in the
862	state or outside the state, that manufactures frozen desserts or
863	other products defined in this chapter and offers these products
864	for sale in this state must apply to the department for a permit
865	to operate. The application must be submitted on forms
866	prescribed by the department. All frozen dessert permits expire
867	on June 30 of each year.
868	(c)  Any person who tests milk or milk products for milkfat
869	content by weight, volume, chemical, electronic, or other method
870	when the result of such test is used as a basis for payment for
871	the milk or milk products must apply to the department for a
872	license. To qualify for a license, the applicant must
873	demonstrate a sufficiency of knowledge, ability, and equipment
874	to adequately perform milkfat tests. The license shall be issued
875	for a period of 2 years after the date of first issuance upon
876	application to the department on forms prescribed by the
877	department.
878	(d)(b)  Permits and licenses are nontransferable between
879	persons or locations and are subject to suspension or revocation
880	as provided in this chapter.
881	(2)  FEES.-
882	(a)  The initial application for a frozen dessert plant
883	permit must be accompanied by a permit fee of $200. The annual
884	permit renewal fee is $100.
885	(b)  The department shall charge each applicant for a
886	milkfat tester's license a fee not to exceed $125.
887	(3)(2)  REQUIREMENTS.-
888	(a)  To obtain a frozen dessert plant permit or milkfat
889	tester's license, an applicant must satisfy all requirements
890	that are defined by the department in rule and must agree to
891	comply with the applicable provisions of this chapter and rules
892	adopted under this chapter. The department shall mail a copy of
893	the permit or license to the applicant to signify that
894	administrative requirements have been met.
895	(b)  All permitholders must maintain records of
896	transactions concerning the procurement, production, and
897	processing of milk and milk products as required in the Grade
898	"A" pasteurized milk ordinance and grant department inspectors
899	access to such records during all reasonable hours.
900	(c)  In addition to the testing required in the Grade "A"
901	pasteurized milk ordinance and its appendices, each milk plant
902	operator in the state shall be responsible for routine testing
903	and inspection of raw milk shipped from outside the state prior
904	to processing and shall notify the department when such testing
905	and inspection indicate a violation of the standards contained
906	in the Grade "A" pasteurized milk ordinance.
907	(d)  Each frozen dessert plant permitholder must report
908	monthly, quarterly, semiannually, or annually, as required by
909	the department, the number of gallons of frozen dessert or
910	frozen dessert mix sold or manufactured by the permitholder in
911	this state.
912	(e)  Each licensed milkfat tester shall keep records of
913	milkfat tests conducted by him or her for a period of 1 year,
914	and such records must be available for inspection by the
915	department at all reasonable hours.
916	(4)(3)  EXEMPTIONS.-
917	(a)  The following persons shall be exempt from milk hauler
918	permit requirements:
919	1.  Milk producers who transport milk or milk products only
920	from their own dairy farms.
921	2.  Employees of a milk distributor or milk plant operator
922	who possesses a valid permit.
923	3.  Drivers of bulk milk tank trucks between locations who
924	do not collect milk from farms.
925	(b)  Grocery stores, restaurants, soda fountains, and
926	similar establishments where milk or milk products are served or
927	sold, but not processed, may be exempted from permit
928	requirements.
929	(c)  Frozen desserts retail establishments as defined in s.
930	502.012 are exempt from this chapter.
931	(5)(4)  TEMPORARY PERMITS.-
932	(a)  The department may issue a temporary permit for a
933	period not exceeding 90 days to milk producers who have
934	submitted an application to the department and passed a
935	preliminary inspection as required in the Grade "A" pasteurized
936	milk ordinance.
937	(b)  During this 90-day period, the department shall act
938	expeditiously to determine compliance with all relevant laws
939	and, upon finding compliance, shall issue a permit pursuant to
940	subsection (1).
941	Section 23.  Section 502.054, Florida Statutes, is amended
942	to read:
943	502.054  Inspection and reinspection.-
944	(1)  The department shall establish a schedule for
945	inspections which shall require routine inspections in
946	accordance with the minimum requirements contained in the Grade
947	"A" pasteurized milk ordinance and more frequent inspections or
948	reinspections for permitholders with serious or repeated
949	violations.
950	(2)  The department shall inspect frozen desserts and
951	frozen dessert plants that handle and process mix and
952	manufacture frozen desserts for wholesale. Inspections must be
953	based on the frequency and severity of a violation. However, the
954	department must comply with all federal requirements governing
955	inspections.
956	Section 24.  Subsection (1) of section 502.091, Florida
957	Statutes, is amended to read:
958	502.091  Milk and milk products which may be sold.-
959	(1)  Only Grade "A" pasteurized milk and milk products,
960	pasteurized manufactured milk products, ice cream, and frozen
961	desserts, and cheese made from pasteurized milk shall be sold at
962	retail to the final consumer or to food service establishments
963	as defined in chapter 381, food establishments as defined in
964	chapter 500, or public food service establishments as defined in
965	chapter 509. Cheese made from raw milk may also be sold at
966	retail to the final consumer or to food service establishments
967	as defined in chapter 381, food establishments as defined in
968	chapter 500, or public food service establishments as defined in
969	chapter 509 if the cheese is aged more than 60 days at a
970	temperature above 35° F.
971	(a)  In an emergency, however, the department may authorize
972	the sale of reconstituted pasteurized milk products, or
973	pasteurized milk and milk products that have not been graded or
974	the grade of which is unknown, in which case such milk and milk
975	products shall be appropriately labeled, as determined by the
976	department.
977	(b)  If the department determines that milk is fit for
978	human consumption even though it is less than Grade "A" because
979	the producer failed to comply with the sanitation or bacterial
980	standards defined in this chapter, or if any specific shipment
981	of milk fails to comply with standards of the Grade "A"
982	pasteurized milk ordinance, the department may issue a permit
983	allowing the milk to be used in ungraded products, such as
984	frozen desserts, which are being processed by such milk plant.
985	During processing of such milk, it shall be pasteurized at a
986	temperature of at least 175° F. for at least 15 seconds or at
987	least 160° F. for at least 30 minutes.
988	Section 25.  Subsections (1) and (2) of section 502.121,
989	Florida Statutes, are amended to read:
990	502.121  Future dairy farms and milk and frozen dessert
991	plants.-
992	(1)  All future construction or extensive alteration of
993	milk houses, milking barns, stables, parlors, transfer stations,
994	and milk and frozen dessert plants regulated under this chapter
995	must meet certain minimum specifications and requirements which
996	the department shall establish by rule.
997	(2)  Anyone who plans to construct a new milk house,
998	milking barn, stable, parlor, transfer station, or milk or
999	frozen dessert plant, or extensively alter any such existing
1000	facility, shall notify the department in writing of the
1001	intention to construct or alter, the date construction or
1002	alteration is to begin, and the legal description of the
1003	property for which the construction is planned.
1004	Section 26.  Subsection (1) of section 502.181, Florida
1005	Statutes, is amended to read:
1006	502.181  Prohibited acts.-It is unlawful for any person in
1007	this state to:
1008	(1)  Engage in the business of producing, hauling,
1009	transferring, receiving, processing, packaging, or distributing
1010	milk, or milk products, or frozen desserts or operating a
1011	washing station, manufacturing single-service containers,
1012	manufacturing imitation or substitute milk or milk products, or
1013	testing for milkfat content, without first obtaining a permit or
1014	license from the department.
1015	Section 27.  Subsection (1) of section 502.231, Florida
1016	Statutes, is amended to read:
1017	502.231  Penalty and injunction.-
1018	(1)  The department may enter an order imposing one or more
1019	of the following penalties against any person who violates any
1020	provision of the provisions of this chapter:
1021	(a)  Issuance of a warning letter that relates to the class
1022	of the violation.
1023	(b)  Imposition of an administrative fine not to exceed:
1024	1.  Ten thousand dollars per violation in the case of a
1025	frozen dessert licensee;
1026	2.  Ten percent of the license fee or $100, whichever is
1027	greater, for failure to report the information described in s.
1028	502.053(3)(d); or
1029	3.  One thousand dollars of not more than $1,000 per
1030	occurrence for any other violation.
1031
1032	(c)  When imposing a fine under this paragraph section, the
1033	department must consider the degree and extent of harm caused by
1034	the violation, the cost of rectifying the damage, the benefit to
1035	the violator, whether the violation was committed willfully, and
1036	the violator's compliance record.
1037	(c)(d)  Revocation or suspension of any permit issued by
1038	the department under this chapter.
1039	Section 28.  Section 502.232, Florida Statutes, is amended
1040	to read:
1041	502.232  Local regulations superseded.-All special or local
1042	acts, general laws of limited application, county ordinances or
1043	resolutions, municipal ordinances or resolutions, and municipal
1044	charter provisions that authorize the regulation of milk or milk
1045	products, or frozen desserts for wholesale, are superseded by
1046	this chapter and the rules adopted pursuant to this chapter.
1047	Section 29.  Chapter 503, Florida Statutes, consisting of
1048	sections 503.011, 503.021, 503.031, 503.041, 503.0415, 503.051,
1049	503.071, 503.081, and 503.091, is repealed.
1050	Section 30.  Subsection (5) of section 527.22, Florida
1051	Statutes, is amended to read:
1052	527.22  Florida Propane Gas Education, Safety, and Research
1053	Council established; membership; duties and responsibilities.-
1054	(5)  Council members shall receive no compensation or
1055	honorarium for their services, and are authorized to receive
1056	only per diem and reimbursement for travel expenses as provided
1057	in s. 112.061.
1058	Section 31.  Subsection (3) of section 559.9221, Florida
1059	Statutes, is amended to read:
1060	559.9221  Motor Vehicle Repair Advisory Council.-The Motor
1061	Vehicle Repair Advisory Council is created to advise and assist
1062	the department in carrying out this part.
1063	(3)  The members of the council shall receive no
1064	compensation for their services, except that they may receive
1065	per diem and travel expenses as provided in s. 112.061.
1066	Section 32.  Subsections (16), (19), and (28) of section
1067	570.07, Florida Statutes, are amended, present subsection (41)
1068	is renumbered as subsection (42), and a new subsection (41) is
1069	added to that section, to read:
1070	570.07  Department of Agriculture and Consumer Services;
1071	functions, powers, and duties.-The department shall have and
1072	exercise the following functions, powers, and duties:
1073	(16)  To enforce the state laws and rules relating to:
1074	(a)  Fruit and vegetable inspection and grading;
1075	(b)  Pesticide spray, residue inspection, and removal;
1076	(c)  Registration, labeling, inspection, sale, composition,
1077	formulation, wholesale and retail distribution, and analysis of
1078	commercial stock feeds and registration, labeling, inspection,
1079	and analysis of commercial fertilizers;
1080	(d)  Classification, inspection, and sale of poultry and
1081	eggs;
1082	(e)  Registration, inspection, and analysis of gasolines
1083	and oils;
1084	(f)  Registration, labeling, inspection, and analysis of
1085	pesticides;
1086	(g)  Registration, labeling, inspection, germination
1087	testing, and sale of seeds, both common and certified;
1088	(h)  Weights, measures, and standards;
1089	(i)  Foods, as set forth in the Florida Food Safety Act;
1090	(j)  Inspection and certification of honey;
1091	(k)  Sale of liquid fuels;
1092	(l)  Licensing of dealers in agricultural products;
1093	(m)  Administration and enforcement of all regulatory
1094	legislation applying to milk and milk products, ice cream, and
1095	frozen desserts;
1096	(n)  Recordation and inspection of marks and brands of
1097	livestock; and
1098	(o)  Regulation of fertilizer, including its sale,
1099	composition, packaging, labeling, wholesale and retail
1100	distribution, and formulation, including nutrient content level
1101	and release rates; and
1102	(p)(o)  All other regulatory laws relating to agriculture.
1103
1104	In order to ensure uniform health and safety standards, the
1105	adoption of standards and fines in the subject areas of
1106	paragraphs (a)-(n) is expressly preempted to the state and the
1107	department. Any local government enforcing the subject areas of
1108	paragraphs (a)-(n) must use the standards and fines set forth in
1109	the pertinent statutes or any rules adopted by the department
1110	pursuant to those statutes.
1111	(19)  To protect the dairy interests of the state; and, to
1112	that end, it shall enforce those functions, powers, and duties
1113	given to it in chapter chapters 502 and 503.
1114	(28)  For purposes of pollution control and the prevention
1115	of wildfires purposes, to regulate open burning connected with
1116	rural land-clearing, agricultural, or forestry operations,
1117	except fires for cold or frost protection.
1118	(41)(a)  Except as otherwise provided in paragraph (b), to
1119	exercise the exclusive authority to regulate the sale,
1120	composition, packaging, labeling, wholesale and retail
1121	distribution, and formulation, including nutrient content level
1122	and release rates, of fertilizer under chapter 576. This
1123	subsection expressly preempts such regulation of fertilizer to
1124	the state.
1125	(b)  An ordinance regulating the sale of fertilizer adopted
1126	by a county or municipal government before July 1, 2011, is
1127	exempt from this subsection, and the county or municipal
1128	government may enforce such ordinance within its respective
1129	jurisdiction.
1130	Section 33.  Subsection (5) is added to section 576.181,
1131	Florida Statutes, to read:
1132	576.181  Administration; rules; procedure.-
1133	(5)(a)  Except as otherwise provided in paragraph (b), the
1134	department has exclusive authority to regulate the sale,
1135	composition, packaging, labeling, wholesale and retail
1136	distribution, and formulation, including nutrient content level
1137	and release rates, of fertilizer. This subsection expressly
1138	preempts such regulation of fertilizer to the state.
1139	(b)  An ordinance regulating the sale of fertilizer adopted
1140	by a county or municipal government before July 1, 2011, is
1141	exempt from this subsection, and the county or municipal
1142	government may enforce such ordinance within its respective
1143	jurisdiction.
1144	Section 34.  Subsection (9) of section 570.0705, Florida
1145	Statutes, is amended to read:
1146	570.0705  Advisory committees.-From time to time the
1147	commissioner may appoint any advisory committee to assist the
1148	department with its duties and responsibilities.
1149	(9)  Members of each advisory committee shall receive no
1150	compensation for their services, but shall be entitled to
1151	reimbursement for per diem and travel expenses as provided in s.
1152	112.061.
1153	Section 35.  Section 570.074, Florida Statutes, is amended
1154	to read:
1155	570.074  Department of Agriculture and Consumer Services;
1156	energy and water policy coordination.-The commissioner may
1157	create an Office of Energy and Water Coordination under the
1158	supervision of a senior manager exempt under s. 110.205 in the
1159	Senior Management Service. The commissioner may designate the
1160	bureaus and positions in the various organizational divisions of
1161	the department that report to this office relating to any matter
1162	over which the department has jurisdiction in matters relating
1163	to energy and water policy affecting agriculture, application of
1164	such policies, and coordination of such matters with state and
1165	federal agencies.
1166	Section 36.  Section 570.18, Florida Statutes, is amended
1167	to read:
1168	570.18  Organization of departmental work.-In the
1169	assignment of functions to the 12 divisions of the department
1170	created in s. 570.29, the department shall retain within the
1171	Division of Administration, in addition to executive functions,
1172	those powers and duties enumerated in s. 570.30. The department
1173	shall organize the work of the other 11 divisions in such a way
1174	as to secure maximum efficiency in the conduct of the
1175	department. The divisions created in s. 570.29 are solely to
1176	make possible the definite placing of responsibility. The
1177	department shall be conducted as a unit in which every employee,
1178	including each division director, is assigned a definite
1179	workload, and there shall exist between division directors a
1180	spirit of cooperative effort to accomplish the work of the
1181	department.
1182	Section 37.  Subsection (2) of section 570.23, Florida
1183	Statutes, is amended to read:
1184	570.23  State Agricultural Advisory Council.-
1185	(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
1186	COMPENSATION.-The meetings, powers and duties, procedures, and
1187	recordkeeping of the State Agricultural Advisory Council, and
1188	per diem and reimbursement of expenses of council members, shall
1189	be governed by the provisions of s. 570.0705 relating to
1190	advisory committees established within the department.
1191	Section 38.  Subsections (7) through (12) of section
1192	570.29, Florida Statutes, are renumbered as subsections (6)
1193	through (11), respectively, and present subsection (6) is
1194	amended to read:
1195	570.29  Departmental divisions.-The department shall
1196	include the following divisions:
1197	(6)  Dairy Industry.
1198	Section 39.  Subsection (2) of section 570.38, Florida
1199	Statutes, is amended to read:
1200	570.38  Animal Industry Technical Council.-
1201	(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
1202	COMPENSATION.-The meetings, powers and duties, procedures, and
1203	recordkeeping of the Animal Industry Technical Council, and per
1204	diem and reimbursement of expenses of council members, shall be
1205	governed by the provisions of s. 570.0705 relating to advisory
1206	committees established within the department.
1207	Section 40.  Paragraph (d) of subsection (3) of section
1208	570.382, Florida Statutes, is amended to read:
1209	570.382  Arabian horse racing; breeders' and stallion
1210	awards; Arabian Horse Council; horse registration fees; Florida
1211	Arabian Horse Racing Promotion Account.-
1212	(3)  ARABIAN HORSE COUNCIL.-
1213	(d)  Members of the council shall receive no compensation
1214	for their services, except that they shall receive per diem and
1215	travel expenses as provided in s. 112.061 when actually engaged
1216	in the business of the council.
1217	Section 41.  Sections 570.40 and 570.41, Florida Statutes,
1218	are repealed.
1219	Section 42.  Subsection (2) of section 570.42, Florida
1220	Statutes, is amended to read:
1221	570.42  Dairy Industry Technical Council.-
1222	(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
1223	COMPENSATION.-The meetings, powers and duties, procedures, and
1224	recordkeeping of the Dairy Industry Technical Council, and per
1225	diem and reimbursement of expenses of council members, shall be
1226	governed by the provisions of s. 570.0705 relating to advisory
1227	committees established within the department.
1228	Section 43.  Subsections (2) and (3) of section 570.50,
1229	Florida Statutes, are amended, and subsections (6) and (7) are
1230	added to that section, to read:
1231	570.50  Division of Food Safety; powers and duties.-The
1232	duties of the Division of Food Safety include, but are not
1233	limited to:
1234	(2)  Conducting those general inspection activities
1235	relating to food and food products being processed, held, or
1236	offered for sale in this state and enforcing those provisions of
1237	chapters 500, 501, 502, 503, 531, 583, 585, 586, and 601
1238	relating to foods as authorized by the department.
1239	(3)  Analyzing samples of foods offered for sale in this
1240	state as required under chapters 500, 501, 502, 503, 585, 586,
1241	and 601.
1242	(6)  Inspecting dairy farms of the state, enforcing those
1243	provisions of chapter 502 that are authorized by the department
1244	and related to the supervision of milking operations, and
1245	enforcing rules adopted under such provisions.
1246	(7)  Inspecting milk plants, milk product plants, and
1247	plants engaged in the manufacture and distribution of frozen
1248	desserts and frozen dessert mixes; analyzing and testing samples
1249	of milk, milk products, frozen desserts, and frozen dessert
1250	mixes collected by the division; and enforcing those provisions
1251	of chapter 502 that are authorized by the department.
1252	Section 44.  Subsection (2) of section 570.51, Florida
1253	Statutes, is amended to read:
1254	570.51  Director; qualifications; duties.-
1255	(2)  The director shall supervise, direct, and coordinate
1256	the activities of the division and enforce the provisions of
1257	chapters 500, 501, 502, 503, 531, 583, 585, and 601 and any
1258	other chapter necessary to carry out the responsibilities of the
1259	division.
1260	Section 45.  Subsection (2) of section 570.543, Florida
1261	Statutes, is amended to read:
1262	570.543  Florida Consumers' Council.-The Florida Consumers'
1263	Council in the department is created to advise and assist the
1264	department in carrying out its duties.
1265	(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
1266	COMPENSATION.-The meetings, powers and duties, procedures, and
1267	recordkeeping of the Florida Consumers' Council, and per diem
1268	and reimbursement of expenses of council members, shall be
1269	governed by the provisions of s. 570.0705 relating to advisory
1270	committees established within the department. The council
1271	members or chair may call no more than two meetings.
1272	Section 46.  Subsection (3) of section 570.954, Florida
1273	Statutes, is amended to read:
1274	570.954  Farm-to-fuel initiative.-
1275	(3)  The department shall coordinate with and solicit the
1276	expertise of the state energy office within the Department of
1277	Environmental Protection when developing and implementing this
1278	initiative.
1279	Section 47.  Subsection (2) of section 571.28, Florida
1280	Statutes, is amended to read:
1281	571.28  Florida Agricultural Promotional Campaign Advisory
1282	Council.-
1283	(2)  MEETINGS; POWERS AND DUTIES; PROCEDURES; RECORDS;
1284	COMPENSATION.-The meetings, powers and duties, procedures, and
1285	recordkeeping of the Florida Agricultural Promotional Campaign
1286	Advisory Council, and per diem and reimbursement of expenses of
1287	council members, shall be governed by the provisions of s.
1288	570.0705 relating to advisory committees established within the
1289	department.
1290	Section 48.  Subsection (6) of section 573.112, Florida
1291	Statutes, is amended to read:
1292	573.112  Advisory council.-
1293	(6)  No member or alternate member of the council shall
1294	receive a salary, but shall be reimbursed for travel expenses
1295	while on council business as provided in s. 112.061. The
1296	department may employ necessary personnel, including
1297	professional and technical services personnel, and fix their
1298	compensation and terms of employment and may incur expenses to
1299	be paid from moneys collected as herein provided.
1300	Section 49.  Subsection (3) of section 576.091, Florida
1301	Statutes, is amended to read:
1302	576.091  Fertilizer Technical Council.-
1303	(3)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
1304	REIMBURSEMENTS.-The meetings, powers and duties, procedures, and
1305	recordkeeping, and reimbursement of expenses of members and
1306	alternate members of the council shall be in accordance with the
1307	provisions of s. 570.0705 relating to advisory committees
1308	established within the department.
1309	Section 50.  Subsection (2) of section 580.151, Florida
1310	Statutes, is amended to read:
1311	580.151  Commercial Feed Technical Council.-
1312	(2)  POWERS AND DUTIES; PROCEDURES; RECORDS; COMPENSATION.-
1313	The meetings, powers and duties, procedures, and recordkeeping
1314	of the Commercial Feed Technical Council, and per diem and
1315	reimbursement of expenses of council members, shall be governed
1316	by the provisions of s. 570.0705 relating to advisory committees
1317	established within the department.
1318	Section 51.  Subsection (2) of section 581.186, Florida
1319	Statutes, is amended to read:
1320	581.186  Endangered Plant Advisory Council; organization;
1321	meetings; powers and duties.-
1322	(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
1323	COMPENSATION.-The meetings, powers and duties, procedures, and
1324	recordkeeping of the Endangered Plant Advisory Council, and per
1325	diem and reimbursement of expenses of council members, shall be
1326	governed by the provisions of s. 570.0705 relating to advisory
1327	committees established within the department.
1328	Section 52.  Subsection (3) of section 586.161, Florida
1329	Statutes, is amended to read:
1330	586.161  Honeybee Technical Council.-
1331	(3)  MEETINGS; POWERS AND DUTIES; PROCEDURES; RECORDS;
1332	COMPENSATION.-The meetings, powers and duties, procedures, and
1333	recordkeeping of the Honeybee Technical Council, and per diem
1334	and reimbursement of expenses of council members, shall be
1335	governed by the provisions of s. 570.0705 relating to advisory
1336	committees established within the department.
1337	Section 53.  Section 590.015, Florida Statutes, is amended
1338	to read:
1339	590.015  Definitions.-As used in this chapter, the term:
1340	(1)  "Broadcast burning" means the burning of agricultural
1341	or natural vegetation by allowing fire to move across a
1342	predetermined area of land. The term does not include the
1343	burning of vegetative debris that is piled or stacked.
1344	(2)(1)  "Division" means the Division of Forestry of the
1345	Department of Agriculture and Consumer Services.
1346	(3)(2)  "Fire management services" means presuppression
1347	fireline plowing, prescribed burning assistance, contract
1348	prescribed burning, prescribed and wildfire management training,
1349	and other activities associated with prevention, detection, and
1350	suppression of wildfires.
1351	(4)(3)  "Fuel reduction" means the application of
1352	techniques that reduce vegetative fuels, and may include
1353	prescribed burning, manual and mechanical clearing, and the use
1354	of herbicides.
1355	(5)  "Open burning" means any outdoor fire or open
1356	combustion of material that produces visible emissions.
1357	(6)(4)  "Wildfire" means any vegetative fire that threatens
1358	to destroy life, property, or natural resources.
1359	(7)(5)  "Wild land" means any public or private managed or
1360	unmanaged forest, urban/interface, pasture or range land,
1361	recreation lands, or any other land at risk of wildfire.
1362	Section 54.  Paragraph (d) of subsection (1) and subsection
1363	(4) of section 590.02, Florida Statutes, are amended, and
1364	subsections (9) and (10) are added to that section, to read:
1365	590.02  Division powers, authority, and duties; liability;
1366	building structures; Florida Center for Wildfire and Forest
1367	Resources Management Training.-
1368	(1)  The division has the following powers, authority, and
1369	duties:
1370	(d)  To appoint center managers, forest area supervisors,
1371	forestry program administrators, a forest protection bureau
1372	chief, a forest protection assistant bureau chief, a field
1373	operations bureau chief, deputy chiefs of field operations,
1374	district managers, forest operations administrators, senior
1375	forest rangers, investigators, forest rangers, firefighter
1376	rotorcraft pilots, and other employees who may, at the
1377	division's discretion, be certified as forestry firefighters
1378	pursuant to s. 633.35(4). Other provisions of law
1379	notwithstanding, center managers, district managers, forest
1380	protection assistant bureau chief, and deputy chiefs of field
1381	operations shall have Selected Exempt Service status in the
1382	state personnel designation;
1383	(4)(a)  The department may build structures,
1384	notwithstanding chapters 216 and 255, not to exceed a cost of
1385	$50,000 per structure from existing resources on forest lands,
1386	federal excess property, and unneeded existing structures. These
1387	structures must meet all applicable building codes.
1388	(b)  Notwithstanding s. 553.80(1), the department shall
1389	exclusively enforce the Florida Building Code as it pertains to
1390	wildfire and law enforcement facilities under the jurisdiction
1391	of the department.
1392	(9)(a)  Notwithstanding ss. 273.055 and 287.16, the
1393	department may retain, transfer, warehouse, bid, destroy, scrap,
1394	or otherwise dispose of surplus equipment and vehicles that are
1395	used for wildland firefighting.
1396	(b)  All money received from the disposition of state-owned
1397	equipment and vehicles that are used for wildland firefighting
1398	shall be retained by the department. Money received pursuant to
1399	this section is appropriated for and may be disbursed for the
1400	acquisition of exchange and surplus equipment used for wildland
1401	firefighting, and for all necessary operating expenditures
1402	related to such equipment, in the same fiscal year and the
1403	fiscal year following the disposition. The department shall
1404	maintain records of the accounts into which the money is
1405	deposited.
1406	(10)(a)  The division has exclusive authority to require
1407	and issue authorizations for broadcast burning and agricultural
1408	and silvicultural pile burning. An agency, commission,
1409	department, county, municipality, or other political subdivision
1410	of the state may not adopt laws, regulations, rules, or policies
1411	pertaining to broadcast burning or agricultural and
1412	silvicultural pile burning unless an emergency order is declared
1413	in accordance with s. 252.38(3).
1414	(b)  The division may delegate to a county or municipality
1415	its authority, as delegated by the Department of Environmental
1416	Protection pursuant to ss. 403.061(28) and 403.081, to require
1417	and issue authorizations for the burning of yard trash and
1418	debris from land clearing operations in accordance with s.
1419	590.125(6).
1420	Section 55.  Section 590.125, Florida Statutes, is amended
1421	to read:
1422	590.125  Open burning authorized by the division.-
1423	(1)  DEFINITIONS.-As used in this section, the term:
1424	(a)  "Certified pile burner" means an individual who
1425	successfully completes the division's pile burning certification
1426	program and possesses a valid pile burner certification number.
1427	"Prescribed burning" means the controlled application of fire in
1428	accordance with a written prescription for vegetative fuels
1429	under specified environmental conditions while following
1430	appropriate precautionary measures that ensure that the fire is
1431	confined to a predetermined area to accomplish the planned fire
1432	or land-management objectives.
1433	(b)  "Certified prescribed burn manager" means an
1434	individual who successfully completes the certified prescribed
1435	burning certification program of the division and possesses a
1436	valid certification number.
1437	(c)(d)  "Extinguished" means that no spreading flame for:
1438	1.  Wildland Wild land burning or certified prescribed
1439	burning, and no spreading flames visible flame, smoke, or
1440	emissions for vegetative land-clearing debris burning, exist.
1441	2.  Vegetative land-clearing debris burning or pile
1442	burning, no visible flames exist.
1443	3.  Vegetative land-clearing debris burning or pile burning
1444	in an area designated as smoke sensitive by the division, no
1445	visible flames, smoke, or emissions exist.
1446	(d)  "Land-clearing operation" means the uprooting or
1447	clearing of vegetation in connection with the construction of
1448	buildings and rights-of-way, land development, and mineral
1449	operations. The term does not include the clearing of yard
1450	trash.
1451	(e)  "Pile burning" means the burning of silvicultural,
1452	agricultural, or land-clearing and tree-cutting debris
1453	originating onsite, which is stacked together in a round or
1454	linear fashion, including, but not limited to, a windrow.
1455	(f)  "Prescribed burning" means the controlled application
1456	of fire by broadcast burning in accordance with a written
1457	prescription for vegetative fuels under specified environmental
1458	conditions, while following appropriate precautionary measures
1459	that ensure that the fire is confined to a predetermined area to
1460	accomplish the planned fire or land-management objectives.
1461	(g)(c)  "Prescription" means a written plan establishing
1462	the criteria necessary for starting, controlling, and
1463	extinguishing a prescribed burn.
1464	(h)  "Yard trash" means vegetative matter resulting from
1465	landscaping and yard maintenance operations and other such
1466	routine property cleanup activities. The term includes materials
1467	such as leaves, shrub trimmings, grass clippings, brush, and
1468	palm fronds.
1469	(2)  NONCERTIFIED BURNING.-
1470	(a)  Persons may be authorized to burn wild land or
1471	vegetative land-clearing debris in accordance with this
1472	subsection if:
1473	1.  There is specific consent of the landowner or his or
1474	her designee;
1475	2.  Authorization has been obtained from the division or
1476	its designated agent before starting the burn;
1477	3.  There are adequate firebreaks at the burn site and
1478	sufficient personnel and firefighting equipment for the control
1479	of the fire;
1480	4.  The fire remains within the boundary of the authorized
1481	area;
1482	5.  An authorized person Someone is present at the burn
1483	site until the fire is extinguished;
1484	6.  The division does not cancel the authorization; and
1485	7.  The division determines that air quality and fire
1486	danger are favorable for safe burning.
1487	(b)  A person who burns wild land or vegetative land-
1488	clearing debris in a manner that violates any requirement of
1489	this subsection commits a misdemeanor of the second degree,
1490	punishable as provided in s. 775.082 or s. 775.083.
1491	(3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
1492	PURPOSE.-
1493	(a)  The application of prescribed burning is a land
1494	management tool that benefits the safety of the public, the
1495	environment, and the economy of the state. The Legislature finds
1496	that:
1497	1.  Prescribed burning reduces vegetative fuels within wild
1498	land areas. Reduction of the fuel load reduces the risk and
1499	severity of wildfire, thereby reducing the threat of loss of
1500	life and property, particularly in urban areas.
1501	2.  Most of Florida's natural communities require periodic
1502	fire for maintenance of their ecological integrity. Prescribed
1503	burning is essential to the perpetuation, restoration, and
1504	management of many plant and animal communities. Significant
1505	loss of the state's biological diversity will occur if fire is
1506	excluded from fire-dependent systems.
1507	3.  Forestland and rangeland constitute significant
1508	economic, biological, and aesthetic resources of statewide
1509	importance. Prescribed burning on forestland prepares sites for
1510	reforestation, removes undesirable competing vegetation,
1511	expedites nutrient cycling, and controls or eliminates certain
1512	forest pathogens. On rangeland, prescribed burning improves the
1513	quality and quantity of herbaceous vegetation necessary for
1514	livestock production.
1515	4.  The state purchased hundreds of thousands of acres of
1516	land for parks, preserves, wildlife management areas, forests,
1517	and other public purposes. The use of prescribed burning for
1518	management of public lands is essential to maintain the specific
1519	resource values for which these lands were acquired.
1520	5.  A public education program is necessary to make
1521	citizens and visitors aware of the public safety, resource, and
1522	economic benefits of prescribed burning.
1523	6.  Proper training in the use of prescribed burning is
1524	necessary to ensure maximum benefits and protection for the
1525	public.
1526	7.  As Florida's population continues to grow, pressures
1527	from liability issues and nuisance complaints inhibit the use of
1528	prescribed burning. Therefore, the division is urged to maximize
1529	the opportunities for prescribed burning conducted during its
1530	daytime and nighttime authorization process.
1531	(b)  Certified prescribed burning pertains only to
1532	broadcast burning for purposes of silviculture, wildland fire
1533	hazard reduction, wildlife management, ecological maintenance
1534	and restoration, and range and pasture management. It must be
1535	conducted in accordance with this subsection and:
1536	1.  May be accomplished only when a certified prescribed
1537	burn manager is present on site with a copy of the prescription
1538	from ignition of the burn to its completion.
1539	2.  Requires that a written prescription be prepared before
1540	receiving authorization to burn from the division.
1541	3.  Requires that the specific consent of the landowner or
1542	his or her designee be obtained before requesting an
1543	authorization.
1544	4.  Requires that an authorization to burn be obtained from
1545	the division before igniting the burn.
1546	5.  Requires that there be adequate firebreaks at the burn
1547	site and sufficient personnel and firefighting equipment for the
1548	control of the fire.
1549	6.  Is considered to be in the public interest and does not
1550	constitute a public or private nuisance when conducted under
1551	applicable state air pollution statutes and rules.
1552	7.  Is considered to be a property right of the property
1553	owner if vegetative fuels are burned as required in this
1554	subsection.
1555	(c)  Neither a property owner nor his or her agent is
1556	liable pursuant to s. 590.13 for damage or injury caused by the
1557	fire or resulting smoke or considered to be in violation of
1558	subsection (2) for burns conducted in accordance with this
1559	subsection unless gross negligence is proven.
1560	(d)  Any certified burner who violates this section commits
1561	a misdemeanor of the second degree, punishable as provided in s.
1562	775.082 or s. 775.083.
1563	(e)  The division shall adopt rules for the use of
1564	prescribed burning and for certifying and decertifying certified
1565	prescribed burn managers based on their past experience,
1566	training, and record of compliance with this section.
1567	(4)  CERTIFIED PILE BURNING.-
1568	(a)  Certified pile burning pertains to the disposal of
1569	piled, naturally occurring debris from an agricultural,
1570	silvicultural, or temporary land-clearing operation. A land-
1571	clearing operation is temporary if it operates for 6 months or
1572	less. Certified pile burning must be conducted in accordance
1573	with the following:
1574	1.  A certified pile burner must ensure, before ignition,
1575	that the piles are properly placed and that the content of the
1576	piles is conducive to efficient burning.
1577	2.  A certified pile burner must ensure that the piles are
1578	properly extinguished no later than 1 hour after sunset. If the
1579	burn is conducted in an area designated by the division as smoke
1580	sensitive, a certified pile burner must ensure that the piles
1581	are properly extinguished at least 1 hour before sunset.
1582	3.  A written pile burning plan must be prepared before
1583	receiving authorization from the division to burn.
1584	4.  The specific consent of the landowner or his or her
1585	agent must be obtained before requesting authorization to burn.
1586	5.  An authorization to burn must be obtained from the
1587	division or its designated agent before igniting the burn.
1588	6.  There must be adequate firebreaks and sufficient
1589	personnel and firefighting equipment at the burn site to control
1590	the fire.
1591	(b)  If a burn is conducted in accordance with paragraph
1592	(a), the property owner and his or her agent are not liable
1593	under s. 590.13 for damage or injury caused by the fire or
1594	resulting smoke, and are not in violation of subsection (2),
1595	unless gross negligence is proven.
1596	(c)  A certified pile burner who violates this subsection
1597	commits a misdemeanor of the second degree, punishable as
1598	provided in s. 775.082 or s. 775.083.
1599	(d)  The division shall adopt rules regulating certified
1600	pile burning. The rules shall include procedures and criteria
1601	for certifying and decertifying certified pile burn managers
1602	based on past experience, training, and record of compliance
1603	with this section.
1604	(5)(4)  WILDFIRE HAZARD REDUCTION TREATMENT BY THE
1605	DIVISION.-The division may conduct fuel reduction initiatives,
1606	including, but not limited to, burning and mechanical and
1607	chemical treatment, on any area of wild land within the state
1608	which is reasonably determined to be in danger of wildfire in
1609	accordance with the following procedures:
1610	(a)  Describe the areas that will receive fuels treatment
1611	to the affected local governmental entity.
1612	(b)  Publish a treatment notice, including a description of
1613	the area to be treated, in a conspicuous manner in at least one
1614	newspaper of general circulation in the area of the treatment
1615	not less than 10 days before the treatment.
1616	(c)  Prepare, and send the county tax collector shall
1617	include with the annual tax statement, a notice to be sent to
1618	all landowners in each area township designated by the division
1619	as a wildfire hazard area. The notice must describe particularly
1620	the area to be treated and the tentative date or dates of the
1621	treatment and must list the reasons for and the expected
1622	benefits from the wildfire hazard reduction.
1623	(d)  Consider any landowner objections to the fuels
1624	treatment of his or her property. The landowner may apply to the
1625	director of the division for a review of alternative methods of
1626	fuel reduction on the property. If the director or his or her
1627	designee does not resolve the landowner objection, the director
1628	shall convene a panel made up of the local forestry unit
1629	manager, the fire chief of the jurisdiction, and the affected
1630	county or city manager, or any of their designees. If the
1631	panel's recommendation is not acceptable to the landowner, the
1632	landowner may request further consideration by the Commissioner
1633	of Agriculture or his or her designee and shall thereafter be
1634	entitled to an administrative hearing pursuant to the provisions
1635	of chapter 120.
1636	(6)  DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
1637	AUTHORIZATION PROGRAMS.-
1638	(a)  A county or municipality may exercise the division's
1639	authority, if delegated by the division under this subsection,
1640	to issue authorizations for the burning of yard trash or debris
1641	from land-clearing operations. A county's or municipality's
1642	existing or proposed open burning authorization program must:
1643	1.  Be approved by the division. The division may not
1644	approve a program if it fails to meet the requirements of
1645	subsections (2) and (4) and any rules adopted under those
1646	subsections.
1647	2.  Provide by ordinance or local law the requirements for
1648	obtaining and performing a burn authorization that complies with
1649	subsections (2) and (4) and any rules adopted under those
1650	subsections.
1651	3.  Provide for the enforcement of the program's
1652	requirements.
1653	4.  Provide financial, personnel, and other resources
1654	needed to carry out the program.
1655	(b)  If the division determines that a county's or
1656	municipality's open burning authorization program does not
1657	comply with subsections (2) and (4) and any rules adopted under
1658	those subsections, the division shall require the county or
1659	municipality to take necessary corrective actions within 90 days
1660	after receiving notice from the division of its determination.
1661	1.  If the county or municipality fails to take the
1662	necessary corrective actions within the required period, the
1663	division shall resume administration of the open burning
1664	authorization program in the county or municipality and the
1665	county or municipality shall cease administration of its
1666	program.
1667	2.  Each county and municipality administering an open
1668	burning authorization program must cooperate with and assist the
1669	division in carrying out the division's powers, duties, and
1670	functions.
1671	3.  A person who violates the requirements of a county's or
1672	municipality's open burning authorization program, as provided
1673	by ordinance or local law enacted pursuant to this subsection,
1674	commits a violation of this chapter, punishable as provided in
1675	s. 590.14.
1676	(7)(5)  DUTIES OF AGENCIES.-The Department of Education
1677	shall incorporate, where feasible and appropriate, the issues of
1678	fuels treatment, including prescribed burning, into its
1679	educational materials.
1680	Section 56.  Section 590.14, Florida Statutes, is amended
1681	to read:
1682	590.14  Notice of violation; penalties; legislative
1683	intent.-
1684	(1)  If a division employee determines that a person has
1685	violated chapter 589, or this chapter, or any rule adopted by
1686	the division to administer provisions of law conferring duties
1687	upon the division, the division employee he or she may issue a
1688	notice of violation indicating the statute or rule violated.
1689	This notice will be filed with the division and a copy forwarded
1690	to the appropriate law enforcement entity for further action if
1691	necessary.
1692	(2)  In addition to any penalties provided by law, any
1693	person who causes a wildfire or permits any authorized fire to
1694	escape the boundaries of the authorization or to burn past the
1695	time of the authorization is liable for the payment of all
1696	reasonable costs and expenses incurred in suppressing the fire
1697	or $150, whichever is greater. All costs and expenses incurred
1698	by the division shall be payable to the division. When such
1699	costs and expenses are not paid within 30 days after demand, the
1700	division may take proper legal proceedings for the collection of
1701	the costs and expenses. Those costs incurred by an agency acting
1702	at the division's direction are recoverable by that agency.
1703	(3)  The department may also impose an administrative fine,
1704	not to exceed $1,000 per violation of any section of chapter 589
1705	or this chapter or violation of any rule adopted by the division
1706	to administer provisions of law conferring duties upon the
1707	division. The fine shall be based upon the degree of damage, the
1708	prior violation record of the person, and whether the person
1709	knowingly provided false information to obtain an authorization.
1710	The fines shall be deposited in the Incidental Trust Fund of the
1711	division.
1712	(4)  A person commits a misdemeanor of the second degree,
1713	punishable as provided in s. 775.082 or s. 775.083, if the
1714	person:
1715	(a)  Fails to comply with any rule or order adopted by the
1716	division to administer provisions of law conferring duties upon
1717	the division; or
1718	(b)  Knowingly makes any false statement or representation
1719	in any application, record, plan, or other document required by
1720	this chapter or any rules adopted under this chapter.
1721	(5)  It is the intent of the Legislature that a penalty
1722	imposed by a court under subsection (4) be of a severity that
1723	ensures immediate and continued compliance with this section.
1724	(6)(4)  The penalties provided in this section shall extend
1725	to both the actual violator and the person or persons, firm, or
1726	corporation causing, directing, or permitting the violation.
1727	Section 57.  Subsection (4) of section 597.005, Florida
1728	Statutes, is amended to read:
1729	597.005  Aquaculture Review Council.-
1730	(4)  EXPENSES; PER DIEM.-Members of the council shall
1731	receive expenses and per diem for travel, including attendance
1732	at meetings, as allowed state officers and employees pursuant to
1733	s. 112.061.
1734	Section 58.  Subsection (2) of section 599.002, Florida
1735	Statutes, is amended to read:
1736	599.002  Viticulture Advisory Council.-
1737	(2)  The meetings, powers and duties, procedures, and
1738	recordkeeping of the Viticulture Advisory Council, and per diem
1739	and reimbursement of expenses of council members, shall be
1740	governed by the provisions of s. 570.0705 relating to advisory
1741	committees established within the department.
1742	Section 59.  Subsection (4) is added to section 616.17,
1743	Florida Statutes, to read:
1744	616.17  Minimum exhibits.-
1745	(4)  An authority or fair association as defined in this
1746	chapter that provides any of the exhibits set forth in
1747	subsection (1) or other exhibits or concessions, whether such
1748	exhibits or concessions are provided directly or through an
1749	agreement with a third party, is not subject to criminal
1750	penalties or civil damages arising out of the personal injury or
1751	death of any person, or property damage, resulting from such
1752	exhibits or concessions. This subsection does not apply if the
1753	personal injury, death, or property damage was due to an act or
1754	omission committed by the authority or fair association in bad
1755	faith, with malicious purpose, or with wanton and willful
1756	disregard of human rights, safety, or property. This subsection
1757	does not apply to third parties providing exhibits or
1758	concessions.
1759	Section 60.  Paragraph (a) of subsection (1) and subsection
1760	(3) of section 616.252, Florida Statutes, are amended to read:
1761	616.252  Florida State Fair Authority; membership; number,
1762	terms, compensation.-
1763	(1)(a)  The authority shall be composed of 22 21 members.
1764	The Commissioner of Agriculture, or her or his designee, shall
1765	serve as a voting member. There shall also be a member who is
1766	the member of the Board of County Commissioners of Hillsborough
1767	County representing the county commission district in which the
1768	Florida State Fairgrounds is located, who shall serve as a
1769	voting member. There shall also be an appointed youth member who
1770	is an active member of the Florida Future Farmers of America or
1771	a 4-H Club, who shall serve as a nonvoting member. The
1772	Commissioner of Agriculture shall appoint each other member of
1773	the authority. Each member appointed by the Commissioner of
1774	Agriculture shall serve at the pleasure of the Commissioner of
1775	Agriculture. The term of each member appointed by the
1776	Commissioner of Agriculture shall be 4 years, but the term of
1777	the nonvoting youth member shall be for 1 year except, to
1778	provide staggered terms, 9 of the members shall be initially
1779	appointed for a 2-year term and 10 of the members shall be
1780	initially appointed for a 3-year term. Members may be appointed
1781	for more than one term. Any vacancy shall be filled for the
1782	remainder of the unexpired term pursuant to the method provided
1783	in this section for appointment. Six of the members may be from
1784	Hillsborough County. The Commissioner of Agriculture shall
1785	appoint and set the compensation of an executive director. The
1786	executive director shall serve at the pleasure of the
1787	Commissioner of Agriculture.
1788	(3)  Members of the authority are shall not be entitled to
1789	compensation for their services as members and may not, but
1790	shall be reimbursed for travel expenses. Except for the
1791	nonvoting youth member, each member as provided in s. 112.061
1792	and may be compensated for any special or full-time service
1793	performed in the authority's its behalf as officers or agents of
1794	the authority.
1795	Section 61.  Paragraph (c) of subsection (2) of section
1796	812.014, Florida Statutes, is amended to read:
1797	812.014  Theft.-
1798	(2)
1799	(c)  It is grand theft of the third degree and a felony of
1800	the third degree, punishable as provided in s. 775.082, s.
1801	775.083, or s. 775.084, if the property stolen is:
1802	1.  Valued at $300 or more, but less than $5,000.
1803	2.  Valued at $5,000 or more, but less than $10,000.
1804	3.  Valued at $10,000 or more, but less than $20,000.
1805	4.  A will, codicil, or other testamentary instrument.
1806	5.  A firearm.
1807	6.  A motor vehicle, except as provided in paragraph (a).
1808	7.  Any commercially farmed animal, including any animal of
1809	the equine, bovine, or swine class, or other grazing animal; a
1810	bee colony of a registered beekeeper;, and including aquaculture
1811	species raised at a certified aquaculture facility. If the
1812	property stolen is aquaculture species raised at a certified
1813	aquaculture facility, then a $10,000 fine shall be imposed.
1814	8.  Any fire extinguisher.
1815	9.  Any amount of citrus fruit consisting of 2,000 or more
1816	individual pieces of fruit.
1817	10.  Taken from a designated construction site identified
1818	by the posting of a sign as provided for in s. 810.09(2)(d).
1819	11.  Any stop sign.
1820	12.  Anhydrous ammonia.
1821
1822	However, if the property is stolen within a county that is
1823	subject to a state of emergency declared by the Governor under
1824	chapter 252, the property is stolen after the declaration of
1825	emergency is made, and the perpetration of the theft is
1826	facilitated by conditions arising from the emergency, the
1827	offender commits a felony of the second degree, punishable as
1828	provided in s. 775.082, s. 775.083, or s. 775.084, if the
1829	property is valued at $5,000 or more, but less than $10,000, as
1830	provided under subparagraph 2., or if the property is valued at
1831	$10,000 or more, but less than $20,000, as provided under
1832	subparagraph 3. As used in this paragraph, the term "conditions
1833	arising from the emergency" means civil unrest, power outages,
1834	curfews, voluntary or mandatory evacuations, or a reduction in
1835	the presence of or the response time for first responders or
1836	homeland security personnel. For purposes of sentencing under
1837	chapter 921, a felony offense that is reclassified under this
1838	paragraph is ranked one level above the ranking under s.
1839	921.0022 or s. 921.0023 of the offense committed.
1840	Section 62.  Paragraphs (f) and (g) of subsection (1) of
1841	section 812.015, Florida Statutes, are amended to read:
1842	812.015  Retail and farm theft; transit fare evasion;
1843	mandatory fine; alternative punishment; detention and arrest;
1844	exemption from liability for false arrest; resisting arrest;
1845	penalties.-
1846	(1)  As used in this section:
1847	(f)  "Farmer" means a person who is engaging in the growing
1848	or producing of farm produce, milk products, honey, eggs, or
1849	meat, either part time or full time, for personal consumption or
1850	for sale and who is the owner or lessee of the land or a person
1851	designated in writing by the owner or lessee to act as her or
1852	his agent. No person defined as a farm labor contractor pursuant
1853	to s. 450.28 shall be designated to act as an agent for purposes
1854	of this section.
1855	(g)  "Farm theft" means the unlawful taking possession of
1856	any items that are grown or produced on land owned, rented, or
1857	leased by another person. The term includes the unlawful taking
1858	possession of equipment and associated materials used to grow or
1859	produce farm products as defined in s. 823.14(3)(c).
1860	Section 63.  (1)  The Division of Forestry of the
1861	Department of Agriculture and Consumer Services is renamed the
1862	"Florida Forest Service."
1863	(2)  The Legislature recognizes that there is a need to
1864	conform the Florida Statutes to the organizational changes in
1865	this act and that there may be a need to resolve apparent
1866	conflicts with any other legislation that has been or may be
1867	enacted during the 2011 Regular Session or an extension thereof.
1868	Therefore, in the interim between this act becoming a law and
1869	the 2012 Regular Session of the Legislature or an earlier
1870	special session addressing this issue, the Division of Statutory
1871	Revision shall provide the relevant substantive committees of
1872	the Senate and the House of Representatives with assistance,
1873	upon request, to enable such committees to prepare draft
1874	legislation to conform the Florida Statutes and any legislation
1875	enacted during 2011 to the provisions of this act.
1876	Section 64.  Paragraph (h) of subsection (2) of section
1877	20.14, Florida Statutes, is amended to read:
1878	20.14  Department of Agriculture and Consumer Services.-
1879	There is created a Department of Agriculture and Consumer
1880	Services.
1881	(2)  The following divisions of the Department of
1882	Agriculture and Consumer Services are established:
1883	(h)  Florida Forest Service Forestry.
1884	Section 65.  Subsections (4) and (11) of section 261.03,
1885	Florida Statutes, are amended to read:
1886	261.03  Definitions.-As used in this chapter, the term:
1887	(4)  "Division" means the Florida Forest Service Division
1888	of Forestry of the Department of Agriculture and Consumer
1889	Services.
1890	(11)  "Trust fund" means the Incidental Trust Fund of the
1891	Florida Forest Service Division of Forestry of the Department of
1892	Agriculture and Consumer Services.
1893	Section 66.  Subsection (8) of section 570.29, Florida
1894	Statutes, is amended to read:
1895	570.29  Departmental divisions.-The department shall
1896	include the following divisions:
1897	(8)  Florida Forest Service Forestry.
1898	Section 67.  Section 570.548, Florida Statutes, is amended
1899	to read:
1900	570.548  Florida Forest Service Division of Forestry;
1901	powers and duties.-The duties of the Florida Forest Service
1902	Division of Forestry include, but are not limited to,
1903	administering and enforcing those powers and responsibilities of
1904	the Florida Forest Service division prescribed in chapters 589,
1905	590, and 591 and the rules adopted under those chapters pursuant
1906	thereto and in other forest fire, forest protection, and forest
1907	management laws of this state.
1908	Section 68.  Section 570.549, Florida Statutes, is amended
1909	to read:
1910	570.549  Director; duties.-
1911	(1)  The director of the Florida Forest Service Division of
1912	Forestry shall be appointed by the commissioner and shall serve
1913	at the commissioner's pleasure.
1914	(2)  It shall be the duty of The director shall of this
1915	division to direct and supervise the overall operation of the
1916	Florida Forest Service division and to exercise such other
1917	powers and duties as authorized by the department.
1918	Section 69.  Subsection (1) of section 570.903, Florida
1919	Statutes, is amended to read:
1920	570.903  Direct-support organization.-
1921	(1)  When the Legislature authorizes the establishment of a
1922	direct-support organization to provide assistance for the
1923	museums, the Florida Agriculture in the Classroom Program, the
1924	Florida State Collection of Arthropods, the Friends of the
1925	Florida State Forests Program of the Florida Forest Service
1926	Division of Forestry, and the Forestry Arson Alert Program, and
1927	other programs of the department, the following provisions shall
1928	govern the creation, use, powers, and duties of the direct-
1929	support organization:.
1930	(a)  The department shall enter into a memorandum or letter
1931	of agreement with the direct-support organization, which shall
1932	specify the approval of the department, the powers and duties of
1933	the direct-support organization, and rules with which the
1934	direct-support organization must shall comply.
1935	(b)  The department may permit, without charge, appropriate
1936	use of property, facilities, and personnel of the department by
1937	a direct-support organization, subject to the provisions of ss.
1938	570.902 and 570.903. The use shall be directly in keeping with
1939	the approved purposes of the direct-support organization and may
1940	shall not be made at times or places that would unreasonably
1941	interfere with opportunities for the general public to use
1942	department facilities for established purposes.
1943	(c)  The department shall prescribe by contract or by rule
1944	conditions with which a direct-support organization must shall
1945	comply in order to use property, facilities, or personnel of the
1946	department or museum. Such rules shall provide for budget and
1947	audit review and oversight by the department.
1948	(d)  The department may shall not permit the use of
1949	property, facilities, or personnel of the museum, department, or
1950	designated program by a direct-support organization that which
1951	does not provide equal employment opportunities to all persons
1952	regardless of race, color, religion, sex, age, or national
1953	origin.
1954	Section 70.  Subsection (1) of section 590.015, Florida
1955	Statutes, is amended to read:
1956	590.015  Definitions.-As used in this chapter, the term:
1957	(1)  "Division" means the Florida Forest Service Division
1958	of Forestry of the Department of Agriculture and Consumer
1959	Services.
1960	Section 71.  The sum of $744,000 in nonrecurring funds is
1961	appropriated to the Department of Agriculture and Consumer
1962	Services from the Florida Forever Trust Fund for the 2011-2012
1963	fiscal year in the Fixed Capital Outlay-Agency Managed-Land
1964	Management appropriation category pursuant to s. 259.105(3)(f),
1965	Florida Statutes.
1966	Section 72.  This act shall take effect July 1, 2011.

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