Senate Bill 1944er

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  2         An act relating to the Department of

  3         Agriculture and Consumer Services; creating s.

  4         535.08, F.S.; providing a prohibition against

  5         the administration of medications to

  6         thoroughbred horses prior to sale; providing an

  7         exception and certain requirements; providing

  8         for testing; providing for a tolerance or test

  9         for medications and depressants; providing

10         penalties; amending s. 535.11, F.S., relating

11         to prohibition against administration of drugs

12         to horses; providing a definition; creating s.

13         585.147, F.S.; requiring a permit for

14         transporting or hauling certain animals or

15         animal products; providing vehicle and

16         container requirements; amending s. 500.09,

17         F.S.; authorizing the department to perform

18         certain laboratory services relating to food

19         safety and establish fees therefor; amending s.

20         500.121, F.S.; adding new disciplinary

21         procedures for food establishments operating

22         without a permit or with a suspended or revoked

23         permit; providing a penalty; amending s.

24         570.07, F.S.; authorizing an employees' benefit

25         fund; amending s. 570.952, F.S.; revising

26         membership of the Florida Agriculture Center

27         and Horse Park Authority; amending s. 571.25,

28         F.S.; changing the registration date for

29         membership in the Florida Agricultural

30         Promotional Campaign; amending s. 581.031,

31         F.S.; providing duties of the department


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  1         relating to a commercial citrus inventory;

  2         amending s. 500.11, F.S.; specifying conditions

  3         for animal products to be considered

  4         misbranded; repealing s. 102, ch. 92-291, Laws

  5         of Florida, relating to review and repeal of

  6         ss. 500.12, 500.121, F.S.; providing for

  7         funding for the Citrus Budwood Registration

  8         Program; creating s. 506.5131, F.S.; providing

  9         for the return of shopping carts to their owner

10         when found on public property; providing that

11         fees, fines, and costs may not be assessed

12         against the owner of a shopping cart in certain

13         circumstances; creating s. 604.50, F.S.,

14         relating to nonresidential farm buildings;

15         providing exemptions from building codes;

16         providing definitions; providing an effective

17         date.

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19  Be It Enacted by the Legislature of the State of Florida:

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21         Section 1.  Section 535.08, Florida Statutes, is

22  created to read:

23         535.08  Thoroughbred sales; administration of

24  medications prior to sale; testing.--

25         (1)  No person shall administer to any thoroughbred

26  horse offered for licensed public sale at a thoroughbred horse

27  sale any substance that is recognized as an injectable, oral,

28  or topical medication within 72 hours of the start of the sale

29  session in which the thoroughbred horse is offered for sale

30  unless the person is a licensed veterinarian and the

31


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  1  medication is therapeutic or necessary for the treatment or

  2  prevention of an illness or injury.

  3         (2)  The administration of any such medication must be

  4  reported to the sales organization on a form provided for this

  5  purpose by the sales organization, signed by the attending

  6  veterinarian, which shall set forth the following information:

  7         (a)  Identification of the medication, amount, and

  8  strength.

  9         (b)  The date and time of administration.

10         (c)  Identification of the horse's name, age, sex, and

11  entry number.

12         (d)  The reason for administration.

13

14  The form must be filed with the sales organization no later

15  than 12 hours after administration or 1 hour before the start

16  of the sales session in which the thoroughbred horse is

17  offered for sale, whichever would require the earlier filing.

18  The sales organization shall make all such forms available to

19  the public, and the availability of this information shall be

20  publicized in any applicable sales catalogue.

21         (3)(a)  The state veterinarian, or any veterinarian

22  designated by the department, may collect a blood sample from

23  any thoroughbred horse offered or sold at a licensed

24  thoroughbred horse sale for the purpose of determining if the

25  horse has been administered a substance in violation of

26  subsection (1). Such a test shall be performed at the request

27  of the purchaser of any thoroughbred horse sold, if the

28  purchaser makes such a request before taking physical

29  possession of the animal and within 24 hours of the time of

30  sale. The purchaser shall be solely responsible for the cost

31  of the test, and payment shall be made to the sales


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  1  organization. The sales organization shall then remit the cost

  2  of these tests to the department.

  3         (b)  Any such blood sample shall be delivered for

  4  initial testing to an official laboratory approved by the

  5  department. One-half of any such blood sample shall be used

  6  for initial testing and the remaining one-half shall be stored

  7  for possible follow-up testing for a period of not less than 2

  8  weeks after receipt of the initial test results.

  9         (c)  The seller may request followup testing in

10  response to any positive test result within 48 hours after

11  receiving actual notice of such a result. The seller shall be

12  solely responsible for the cost of any followup testing. Upon

13  request of the seller, the original laboratory and an

14  additional laboratory selected by the seller and approved by

15  the state veterinarian shall test the stored sample.

16         (d)  If initial testing reveals that a horse has been

17  administered a substance in violation of subsection (1) and

18  followup testing by both laboratories confirms this conclusion

19  or the seller does not request such testing within the 48-hour

20  period provided, the consignor must accept return of the horse

21  as unsold.

22         (e)  The department shall by rule, establish those

23  medications and depressants for which a tolerance may be set

24  that, if found in the blood sample, may be construed to be

25  forbidden substances; shall establish procedures for the

26  collection, handling, and storage of blood samples; and shall

27  specify the type of test to be used. Until such time that a

28  tolerance or test is established, a zero tolerance will be

29  enforced.

30         (4)(a)  Any person who violates subsection (1) commits

31  a misdemeanor of the second degree, punishable as provided in


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  1  ss. 775.082 and 775.083. For a second or subsequent offense,

  2  such person commits a misdemeanor of the first degree,

  3  punishable as provided in ss. 775.082 and 775.083.

  4         (b)  In addition to the penalties provided in paragraph

  5  (a), any person convicted of a violation of subsection (1)

  6  shall be barred from showing, exhibiting, or offering for sale

  7  at a licensed public sale any horse in this state for a period

  8  of 2 years from the date of the conviction.

  9         Section 2.  Subsection (1) of section 535.11, Florida

10  Statutes, is amended to read:

11         535.11  Prohibition against administration of drugs;

12  testing; search powers of department; penalties.--

13         (1)  As used in this section, the term:

14         (a)  "Stimulant" means any medication that stimulates

15  the circulatory, respiratory, or central nervous system.

16         (a)(b)  "Depressant" means any medication that

17  depresses the circulatory, respiratory, or central nervous

18  system.

19         (b)(c)  "Forbidden substance" means any stimulant,

20  depressant, tranquilizer, analgesic, local anesthetic,

21  steroidal or nonsteroidal anti-inflammatory drug, or drug or

22  drug metabolite that could affect the performance of a horse.

23  The term includes any substance, regardless of how harmless or

24  innocuous, which could interfere in detecting the presence of

25  a stimulant, depressant, tranquilizer, analgesic, local

26  anesthetic, steroidal or nonsteroidal anti-inflammatory drug,

27  or drug or drug metabolite that could affect the performance

28  of a horse.

29         (c)  "Horse show," "horse exhibition," or "horse sale"

30  means any event in which horses compete for awards, prizes,

31  points, ribbons, or money or are made available for public


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  1  sale other than through a public sale of thoroughbred horses

  2  that requires licensing under s. 535.01.

  3         (d)  "Stimulant" means any medication that stimulates

  4  the circulatory, respiratory, or central nervous system.

  5         (e)(d)  "Trainer" means any adult who has the

  6  responsibility for the care, training, custody, or performance

  7  of a horse.  Such person may be an owner, rider, agent, or

  8  coach, as well as a trainer.

  9         Section 3.  Section 585.147, Florida Statutes, is

10  created to read:

11         585.147  Permit for transporting or hauling certain

12  animals or animal products; fees; vehicle and container

13  requirements.--

14         (1)  No person shall engage in the business of

15  transporting or hauling any dead, dying, disabled, or diseased

16  animal, any product of an animal that died other than by

17  slaughter, or any inedible animal product not meant for human

18  consumption without having first applied for, and obtained

19  from the department, a permit, which shall expire on June 30

20  of each year.

21         (2)  All vehicles used in the transportation of

22  carcasses or refuse on public highways shall be of such

23  construction as to prevent seepage or residue from escaping.

24         (3)  All barrels or other containers used for

25  transportation and storage of carcasses or refuse shall be

26  clearly marked "INEDIBLE" with letters not less than 2 inches

27  in height.

28         Section 4.  Subsections (6) and (7) are added to

29  section 500.09, Florida Statutes, to read:

30         500.09  Rulemaking; analytical work.--

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  1         (6)  The department may perform laboratory services

  2  relating to, or having potential impact on, food safety or the

  3  compliance of food with the requirements of this chapter for

  4  any person or public agency.

  5         (7)  The department may establish and collect

  6  reasonable fees for laboratory services performed pursuant to

  7  subsection (6). Such fees shall be deposited in the

  8  department's General Inspection Trust Fund and shall be used

  9  solely for the recovery of costs for the services provided.

10         Section 5.  Subsection (5) is added to section 500.121,

11  Florida Statutes, to read:

12         500.121  Disciplinary procedures.--

13         (5)  The department shall post a prominent

14  closed-for-operation sign on any food establishment that has

15  had its permit suspended or revoked. The department shall also

16  post such a sign on any establishment judicially or

17  administratively determined to be operating without a permit.

18  It is a misdemeanor of the second degree, punishable as

19  provided in s. 775.082 or s. 775.083, for any person to deface

20  or remove such closed-for-operation sign or for any food

21  establishment to open for operation without a permit or to

22  open for operation while its permit is suspended or revoked.

23  The department may impose administrative sanctions for

24  violations of this subsection.

25         Section 6.  Subsection (34) is added to section 570.07,

26  Florida Statutes, to read:

27         570.07  Department of Agriculture and Consumer

28  Services; functions, powers, and duties.--The department shall

29  have and exercise the following functions, powers, and duties:

30         (34)  To adopt policies creating, and providing for the

31  operation of, an employees' benefit fund.


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  1         Section 7.  Paragraph (a) of subsection (2) of section

  2  570.952, Florida Statutes, is amended to read:

  3         570.952  Florida Agriculture Center and Horse Park

  4  Authority.--

  5         (2)  The authority shall be composed of 23 members

  6  appointed by the commissioner.

  7         (a)  Members shall include:

  8         1.  One citizen-at-large, who shall represent the views

  9  of the general public toward agriculture and equine activities

10  in the state.

11         2.  One representative from the Department of

12  Agriculture and Consumer Services.

13         3.  One representative from Enterprise Florida, Inc the

14  Department of Commerce.

15         4.  One representative from the Department of

16  Environmental Protection, Office of Greenways Management.

17         5.  One member of the Ocala/Marion County Chamber of

18  Commerce.

19         6.  One public/private partnership expert.

20         7.  One member of a private environmental organization.

21         8.  One fruit and vegetable grower.

22         9.  One citrus grower.

23         10.  One commercial feed producer.

24         11.  One livestock/cattle breeder.

25         12.  One quarter horse breeder.

26         13.  One thoroughbred horse breeder.

27         14.  One standardbred horse breeder.

28         15.  One Arabian horse breeder.

29         16.  One color breeds Appaloosa horse breeder.

30         17.  One licensed veterinarian.

31         18.  One Paso Fino paint horse breeder.


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  1         19.  One ornamental or nursery stock grower.

  2         20.  One representative from the horse show industry.

  3         21.  One representative from the horse sport industry.

  4         22.  One representative from the horse trailriders

  5  industry.

  6         23.  One representative from the Board of County

  7  Commissioners of Marion County.

  8         Section 8.  Subsection (1) of section 571.25, Florida

  9  Statutes, is amended to read:

10         571.25  Registration and fees.--

11         (1)  Any person who participates in the Florida

12  Agricultural Promotional Campaign shall register annually with

13  the department in a form and manner as required by the

14  department. Each person shall renew his or her their

15  registration on the anniversary date of his or her original

16  membership by July 1 of each year.

17         Section 9.  Subsection (31) is added to section

18  581.031, Florida Statutes, to read:

19         581.031  Department; powers and duties.--The department

20  has the following powers and duties:

21         (31)  To conduct, assist, or cooperate with others in

22  conducting a commercial citrus inventory and to expend funds

23  therefor as may be deposited in the Plant Industry Trust Fund

24  for such purposes.

25         Section 10.  Paragraph (p) is added to subsection (1)

26  of section 500.11, Florida Statutes, to read:

27         500.11  Food deemed misbranded.--

28         (1)  A food is deemed to be misbranded:

29         (p)  If it is an animal product that fails to have

30  directly thereon or on its container the official inspection

31  legend as required by the United States Department of


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  1  Agriculture and, unrestricted by any other provision of this

  2  section, such other information as the department requires to

  3  ensure that it shall not have false or misleading labeling and

  4  that the public is informed of the manner of handling required

  5  to maintain the product in a wholesome condition.

  6         Section 11.  In the event it is determined that the

  7  Citrus Budwood Registration Program in the amount of $601,396

  8  cannot be funded from the Citrus Inspection Trust Fund, then

  9  the Citrus Budwood Registration Program shall be funded from

10  budget transfers within the operating budget of the Department

11  of Agriculture and Consumer Services.

12         Section 12.  Section 506.5131, Florida Statutes, is

13  created to read:

14         506.5131  Return of shopping carts; assessment of fees;

15  fines and costs.--

16         (1)  The rightful owner of any shopping cart with a

17  registered name or mark found on public property shall be

18  immediately notified of its recovery.

19         (2)  Notwithstanding any other provision of law or

20  local ordinance, no fee, fine or costs may be assessed against

21  the owner of a shopping cart found on public property, unless

22  the shopping cart was removed from the premises or parking

23  area of a retail establishment by the owner of the shopping

24  cart, or an employee acting on the owner's behalf, and such

25  fee, fine or cost has been approved by the Department of

26  Agriculture and Consumer Services.

27         Section 13.  Section 604.50, Florida Statutes, is

28  created to read:

29         604.50  Nonresidential farm buildings.--Notwithstanding

30  any other law to the contrary, any nonresidential farm

31  building located on a farm is exempt from the Florida Building


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  1  Code, and any county or municipal building code.  For purposes

  2  of this section "nonresidential farm building" means any

  3  building or structure located on a farm that is not used as a

  4  residential dwelling.  Farm is as defined in s. 823.14.

  5         Section 14.  Section 102 of chapter 92-291, Laws of

  6  Florida, is repealed.

  7         Section 15.  This act shall take effect upon becoming a

  8  law.

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