Florida Senate - 2012        CS for CS for CS for CS for SB 1184
       
       
       
       By the Committees on Budget Subcommittee on Finance and Tax;
       Criminal Justice; Transportation; and Agriculture; and Senator
       Norman
       
       
       593-04224-12                                          20121184c4
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending s. 163.3162, F.S.;
    4         defining the term “governmental entity”; prohibiting
    5         certain governmental entities from charging stormwater
    6         management assessments or fees on certain bona fide
    7         farm operations except under certain circumstances;
    8         providing for applicability; amending s. 206.41, F.S.;
    9         revising the definition of the term “agricultural and
   10         aquacultural purposes” for purposes of the required
   11         refund of state taxes imposed on motor fuel used for
   12         such purposes; requiring that the portion of fuel
   13         sales tax collected from a county sheriff’s office be
   14         returned to the sheriff’s office to offset the ongoing
   15         fuel costs; authorizing a sheriff’s office that is
   16         licensed as a local government user to take a credit
   17         on the monthly diesel fuel tax return under prescribed
   18         conditions; amending s. 206.625, F.S.; requiring that
   19         the portion of the county fuel tax paid by a county
   20         sheriff’s office be returned to offset ongoing fuel
   21         costs; amending s. 316.515, F.S.; revising the Florida
   22         Uniform Traffic Control Law to authorize the use of
   23         citrus harvesting equipment and citrus fruit loaders
   24         to transport certain agricultural products and to
   25         authorize the use of certain motor vehicles to
   26         transport citrus; amending s. 493.6120, F.S.;
   27         providing that a person who engages in any activity
   28         for which ch. 493, F.S., requires a license, but who
   29         acts without having a license, commits a misdemeanor
   30         of the first degree; providing that such person
   31         commits a felony of the third degree for a second or
   32         subsequent offense of engaging in activities without a
   33         license; authorizing the Department of Agriculture and
   34         Consumer Services to impose a civil penalty not to
   35         exceed a specified amount; providing that penalties do
   36         not apply if the person engaged in unlicensed activity
   37         within 90 days after the expiration date of the
   38         person’s license; providing that a person who, while
   39         impersonating a security officer, private
   40         investigator, recovery agent, or other person required
   41         to have a license under ch. 493, F.S., knowingly and
   42         intentionally forces another person to assist the
   43         impersonator in an activity within the scope of duty
   44         of a professional licensed under ch. 493, F.S.,
   45         commits a felony of the third degree; providing that a
   46         person who impersonates a security officer or other
   47         designated officer during the commission of a felony
   48         commits a felony of the second degree; providing that
   49         a person who impersonates a security officer or other
   50         designated officer during the commission of a felony
   51         that results in death or serious bodily injury to
   52         another human being commits a felony of the first
   53         degree; authorizing a licensed security officer or a
   54         licensed security agency manager to detain a person on
   55         the premises of a critical infrastructure facility in
   56         certain circumstances; requiring the security officer
   57         to notify the law enforcement agency as soon as
   58         possible; requiring that custody of any person
   59         temporarily detained be immediately transferred to the
   60         responding law enforcement officer; providing for an
   61         exception to the immediate transfer; providing that
   62         the responsibilities of the security officer are
   63         limited to specified locations; prohibiting a security
   64         officer from detaining a person longer than is
   65         reasonably necessary; authorizing the security officer
   66         to search the person detained under certain
   67         circumstances; defining the term “critical
   68         infrastructure facility”; providing identification
   69         requirements for certain licensed security officers;
   70         amending s. 570.07, F.S.; revising the powers and
   71         duties of the Department of Agriculture and Consumer
   72         Services to enforce laws and rules relating to the use
   73         of commercial stock feeds; amending s. 580.036, F.S.;
   74         providing that the department has exclusive authority
   75         over the sale and use of any commercial feed or
   76         feedstuff; authorizing the department to adopt rules
   77         establishing certain standards for regulating
   78         commercial feed or feedstuff; requiring the department
   79         to consult with the Commercial Feed Technical Council
   80         in the development of such rules; providing an
   81         effective date.
   82                                                                  
   83  Be It Enacted by the Legislature of the State of Florida:
   84  
   85         Section 1. Paragraph (d) is added to subsection (2) of
   86  section 163.3162, Florida Statutes, and paragraphs (b), (c), and
   87  (i) of subsection (3) of that section are amended to read:
   88         163.3162 Agricultural Lands and Practices.—
   89         (2) DEFINITIONS.—As used in this section, the term:
   90         (d) “Governmental entity” has the same meaning as provided
   91  in s. 164.1031. The term does not include a water control
   92  district designated under chapter 298 or a special district
   93  created by special act for water management purposes.
   94         (3) DUPLICATION OF REGULATION.—Except as otherwise provided
   95  in this section and s. 487.051(2), and notwithstanding any other
   96  law, including any provision of chapter 125 or this chapter:
   97         (b) A governmental entity county may not charge an
   98  assessment or fee for stormwater management on a bona fide farm
   99  operation on land classified as agricultural land pursuant to s.
  100  193.461, if the farm operation has a National Pollutant
  101  Discharge Elimination System permit, environmental resource
  102  permit, or works-of-the-district permit or implements best
  103  management practices adopted as rules under chapter 120 by the
  104  Department of Environmental Protection, the Department of
  105  Agriculture and Consumer Services, or a water management
  106  district as part of a statewide or regional program.
  107         (c) For each governmental entity county that, before March
  108  1, 2009, adopted a stormwater utility ordinance or resolution,
  109  adopted an ordinance or resolution establishing a municipal
  110  services benefit unit, or adopted a resolution stating the
  111  governmental entity’s county’s intent to use the uniform method
  112  of collection pursuant to s. 197.3632 for such stormwater
  113  ordinances, the governmental entity county may continue to
  114  charge an assessment or fee for stormwater management on a bona
  115  fide farm operation on land classified as agricultural pursuant
  116  to s. 193.461, if the ordinance or resolution provides credits
  117  against the assessment or fee on a bona fide farm operation for
  118  the water quality or flood control benefit of:
  119         1. The implementation of best management practices adopted
  120  as rules under chapter 120 by the Department of Environmental
  121  Protection, the Department of Agriculture and Consumer Services,
  122  or a water management district as part of a statewide or
  123  regional program;
  124         2. The stormwater quality and quantity measures required as
  125  part of a National Pollutant Discharge Elimination System
  126  permit, environmental resource permit, or works-of-the-district
  127  permit; or
  128         3. The implementation of best management practices or
  129  alternative measures which the landowner demonstrates to the
  130  governmental entity county to be of equivalent or greater
  131  stormwater benefit than those provided by implementation of best
  132  management practices adopted as rules under chapter 120 by the
  133  Department of Environmental Protection, the Department of
  134  Agriculture and Consumer Services, or a water management
  135  district as part of a statewide or regional program, or
  136  stormwater quality and quantity measures required as part of a
  137  National Pollutant Discharge Elimination System permit,
  138  environmental resource permit, or works-of-the-district permit.
  139         (i) The provisions of this subsection that limit a
  140  governmental entity’s county’s authority to adopt or enforce any
  141  ordinance, regulation, rule, or policy, or to charge any
  142  assessment or fee for stormwater management, apply only to a
  143  bona fide farm operation as described in this subsection.
  144         Section 2. Paragraph (c) of subsection (4) of section
  145  206.41, Florida Statutes, is amended, and paragraph (f) is added
  146  to that subsection, to read:
  147         206.41 State taxes imposed on motor fuel.—
  148         (4)
  149         (c)1. Any person who uses any motor fuel for agricultural,
  150  aquacultural, commercial fishing, or commercial aviation
  151  purposes on which fuel the tax imposed by paragraph (1)(e),
  152  paragraph (1)(f), or paragraph (1)(g) has been paid is entitled
  153  to a refund of such tax.
  154         2. For the purposes of this paragraph, “agricultural and
  155  aquacultural purposes” means motor fuel used in any tractor,
  156  vehicle, or other farm equipment which is used exclusively on a
  157  farm or for processing farm products on the farm, and no part of
  158  which fuel is used in any vehicle or equipment driven or
  159  operated upon the public highways of this state. This
  160  restriction does not apply to the movement of a farm vehicle, or
  161  farm equipment, citrus harvesting equipment, or citrus fruit
  162  loaders between farms. The transporting of bees by water and the
  163  operating of equipment used in the apiary of a beekeeper shall
  164  be also deemed an agricultural purpose.
  165         3. For the purposes of this paragraph, “commercial fishing
  166  and aquacultural purposes” means motor fuel used in the
  167  operation of boats, vessels, or equipment used exclusively for
  168  the taking of fish, crayfish, oysters, shrimp, or sponges from
  169  salt or fresh waters under the jurisdiction of the state for
  170  resale to the public, and no part of which fuel is used in any
  171  vehicle or equipment driven or operated upon the highways of
  172  this state; however, the term may in no way be construed to
  173  include fuel used for sport or pleasure fishing.
  174         4. For the purposes of this paragraph, “commercial aviation
  175  purposes” means motor fuel used in the operation of aviation
  176  ground support vehicles or equipment, no part of which fuel is
  177  used in any vehicle or equipment driven or operated upon the
  178  public highways of this state.
  179         (f) The portion of the tax imposed by paragraph (1)(g)
  180  which results from the collection of fuel sales tax paid by a
  181  county sheriff’s office for fuel used in motor vehicles operated
  182  by the sheriff’s office shall be returned to the sheriff’s
  183  office. The sheriff’s office shall use the proceeds to offset
  184  ongoing fuel costs. A sheriff’s office, if licensed as a local
  185  government user, may take a credit on the monthly diesel fuel
  186  tax return not to exceed the tax imposed under paragraphs (1)(b)
  187  and (g) on those gallons which would otherwise be eligible for
  188  refund.
  189         Section 3. Subsection (3) is added to section 206.625,
  190  Florida Statutes, to read:
  191         206.625 Return of tax to municipalities, counties, and
  192  school districts.—
  193         (3) Those portions of the county fuel tax imposed by s.
  194  206.41(1)(b) which result from the collection of the taxes paid
  195  by a county sheriff’s office for fuel used in motor vehicles
  196  operated by the sheriff’s office shall be returned to the
  197  sheriff’s office. The sheriff’s office shall use the proceeds to
  198  offset ongoing fuel costs.
  199         Section 4. Paragraph (a) of subsection (5) of section
  200  316.515, Florida Statutes, is amended to read:
  201         316.515 Maximum width, height, length.—
  202         (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
  203  AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.—
  204         (a) Notwithstanding any other provisions of law, straight
  205  trucks, agricultural tractors, citrus harvesting equipment,
  206  citrus fruit loaders, and cotton module movers, not exceeding 50
  207  feet in length, or any combination of up to and including three
  208  implements of husbandry, including the towing power unit, and
  209  any single agricultural trailer with a load thereon or any
  210  agricultural implements attached to a towing power unit, or a
  211  self-propelled agricultural implement or an agricultural
  212  tractor, is authorized for the purpose of transporting peanuts,
  213  grains, soybeans, citrus, cotton, hay, straw, or other
  214  perishable farm products from their point of production to the
  215  first point of change of custody or of long-term storage, and
  216  for the purpose of returning to such point of production, or for
  217  the purpose of moving such tractors, movers, and implements from
  218  one point of agricultural production to another, by a person
  219  engaged in the production of any such product or custom hauler,
  220  if such vehicle or combination of vehicles otherwise complies
  221  with this section. The Department of Transportation may issue
  222  overlength permits for cotton module movers greater than 50 feet
  223  but not more than 55 feet in overall length. Such vehicles shall
  224  be operated in accordance with all safety requirements
  225  prescribed by law and rules of the Department of Transportation.
  226         Section 5. Section 493.6120, Florida Statutes, is amended
  227  to read:
  228         493.6120 Violations; penalty.—
  229         (1)(a) Except as provided in paragraph (c), a person who
  230  engages in any activity for which this chapter requires a
  231  license and who does not hold the required license commits a
  232  misdemeanor of the first degree, punishable as provided in s.
  233  775.082 or s. 775.083.
  234         (b) A second or subsequent violation of paragraph (a) is a
  235  felony of the third degree, punishable as provided in s.
  236  775.082, s. 775.083, or s. 775.084, and the department may seek
  237  the imposition of a civil penalty not to exceed $10,000.
  238         (c) Paragraph (a) does not apply if the person engages in
  239  unlicensed activity within 90 days after the date of the
  240  expiration of his or her license.
  241         (2)(a) A person who, while impersonating a security
  242  officer, private investigator, recovery agent, or other person
  243  required to have a license under this chapter, knowingly and
  244  intentionally forces another person to assist the impersonator
  245  in an activity within the scope of duty of a professional
  246  licensed under this chapter commits a felony of the third
  247  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  248  775.084.
  249         (b) A person who violates paragraph (a) during the course
  250  of committing a felony commits a felony of the second degree,
  251  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  252         (c) A person who violates paragraph (a) during the course
  253  of committing a felony that results in death or serious bodily
  254  injury to another human being commits a felony of the first
  255  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  256  775.084.
  257         (3)(1)A Any person who violates any provision of this
  258  chapter, except s. 493.6405, subsection (1), or subsection (2),
  259  commits a misdemeanor of the first degree, punishable as
  260  provided in s. 775.082 or s. 775.083.
  261         (4)(2)A Any person who is convicted of any violation of
  262  this chapter is shall not be eligible for licensure for a period
  263  of 5 years.
  264         (5)(3)A Any person who violates or disregards any cease
  265  and desist order issued by the department commits a misdemeanor
  266  of the first degree, punishable as provided in s. 775.082 or s.
  267  775.083. In addition, the department may seek the imposition of
  268  a civil penalty not to exceed $5,000.
  269         (6)(4)A Any person who was an owner, officer, partner, or
  270  manager of a licensed agency at the time of any activity that is
  271  the basis for revocation of the agency or branch office license
  272  and who knew or should have known of the activity, shall have
  273  his or her personal licenses or approval suspended for 3 years
  274  and may not have any financial interest in or be employed in any
  275  capacity by a licensed agency during the period of suspension.
  276         Section 6. Protecting critical infrastructure facilities.—
  277         (1) A licensed security officer who possesses a valid Class
  278  “G” license, or a licensed security agency manager who possesses
  279  a valid Class “G” license, who is on duty, in uniform, providing
  280  security services on the premises of a critical infrastructure
  281  facility, and who has probable cause to believe that a person
  282  has committed or is committing a crime against the client, or
  283  the client’s patron, of the licensed security officer or the
  284  licensed security agency manager, may temporarily detain the
  285  person for the purpose of ascertaining his or her identity and
  286  the circumstances of the activity that is the basis for the
  287  temporary detention. The security officer or security agency
  288  manager may detain the person in a reasonable manner until the
  289  responding law enforcement officer arrives at the premises of
  290  the client and is in the presence of the detainee.
  291         (2) When temporarily detaining a person, the licensed
  292  security officer or security agency manager shall notify the
  293  appropriate law enforcement agency as soon as reasonably
  294  possible. Temporary detention of a person by a licensed security
  295  officer or security agency manager must be done solely for the
  296  purpose of detaining the person before the arrival of a law
  297  enforcement officer. Custody of any person being temporarily
  298  detained shall be immediately transferred to the responding law
  299  enforcement officer.
  300         (3) A licensed security officer or security agency manager
  301  may not detain a person under this section after the arrival of
  302  a law enforcement officer unless the law enforcement officer
  303  requests the security officer or security agency manager to
  304  continue detaining the person. The responsibilities of the
  305  licensed security officer or security agency manager do not
  306  extend beyond the place where the person was first detained or
  307  in the immediate vicinity.
  308         (4) A person may not be temporarily detained under this
  309  section longer than is reasonably necessary to effect the
  310  purposes of this section.
  311         (5) If a licensed security officer or security agency
  312  manager, while detaining a person under this section, observes
  313  that the person temporarily detained is armed with a firearm, a
  314  concealed weapon, or a destructive device that poses a threat to
  315  the safety of the security officer or security agency manager,
  316  or any person for whom the security officer or security agency
  317  manager is responsible for providing protection, or if the
  318  detainee admits to having a weapon in his or her possession, the
  319  security officer or security agency manager may conduct a search
  320  of the person and his or her belongings only to the extent
  321  necessary for the purpose of disclosing the presence of a
  322  weapon. If the search reveals such a weapon, the weapon shall be
  323  seized and transferred to the responding law enforcement
  324  officer.
  325         (6) As used in this section, the term “critical
  326  infrastructure facility” means any one of the following, if it
  327  employs measures such as fences, barriers, or guard posts that
  328  are designed to exclude unauthorized persons and is determined
  329  by a state or federal authority to be so vital to the state that
  330  the incapacity or destruction of the facility would have a
  331  debilitating impact on security, state economic stability, state
  332  public health or safety, or any combination of those matters:
  333         (a) A chemical manufacturing facility;
  334         (b) A refinery;
  335         (c) An electrical power plant as defined in s. 403.031,
  336  Florida Statutes, including a substation, switching station,
  337  electrical control center, or electric transmission or
  338  distribution facility;
  339         (d) A water intake structure, water treatment facility,
  340  wastewater treatment plant, or pump station;
  341         (e) A natural gas transmission compressor station;
  342         (f) A liquid natural gas terminal or storage facility;
  343         (g) A telecommunications central switching office;
  344         (h) A deepwater port or railroad switching yard;
  345         (i) A gas processing plant, including a plant used in the
  346  processing, treatment, or fractionation of natural gas; or
  347         (j) A public transportation facility as defined in s.
  348  343.62, Florida Statutes.
  349         (7) A Class “D” or Class “MB” licensee shall perform duties
  350  regulated under this section in a uniform that bears at least
  351  one patch or emblem visible at all times clearly identifying the
  352  employing agency.
  353         Section 7. Paragraph (c) of subsection (16) of section
  354  570.07, Florida Statutes, is amended to read:
  355         570.07 Department of Agriculture and Consumer Services;
  356  functions, powers, and duties.—The department shall have and
  357  exercise the following functions, powers, and duties:
  358         (16) To enforce the state laws and rules relating to:
  359         (c) Registration, labeling, inspection, sale, use,
  360  composition, formulation, wholesale and retail distribution, and
  361  analysis of commercial stock feeds and registration, labeling,
  362  inspection, and analysis of commercial fertilizers;
  363  
  364  In order to ensure uniform health and safety standards, the
  365  adoption of standards and fines in the subject areas of
  366  paragraphs (a)-(n) is expressly preempted to the state and the
  367  department. Any local government enforcing the subject areas of
  368  paragraphs (a)-(n) must use the standards and fines set forth in
  369  the pertinent statutes or any rules adopted by the department
  370  pursuant to those statutes.
  371         Section 8. Subsection (1) of section 580.036, Florida
  372  Statutes, is amended, and paragraph (g) is added to subsection
  373  (2) of that section, to read:
  374         580.036 Powers and duties.—
  375         (1) The department shall administer and enforce the
  376  provisions of this chapter. It shall have full authority to
  377  inspect, sample, and analyze any commercial feed or feedstuff
  378  distributed in this state and to assess any penalties provided
  379  for violation of this chapter. The department has exclusive
  380  authority over the sale and use of any commercial feed or
  381  feedstuff.
  382         (2) The department is authorized to adopt rules pursuant to
  383  ss. 120.536(1) and 120.54 to enforce the provisions of this
  384  chapter. These rules shall be consistent with the rules and
  385  standards of the United States Food and Drug Administration and
  386  the United States Department of Agriculture, when applicable,
  387  and shall include:
  388         (g) Establishing standards for the sale, use, and
  389  distribution of commercial feed or feedstuff to ensure usage
  390  that is consistent with animal health, safety, and welfare and,
  391  to the extent that meat, poultry, and other animal products may
  392  be affected by commercial feed or feedstuff, with the safety of
  393  these products for human consumption. Such standards, if
  394  adopted, must be developed in consultation with the Commercial
  395  Feed Technical Council created under s. 580.151.
  396         Section 9. This act shall take effect July 1, 2012.