House Bill 4165

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    Florida House of Representatives - 1998                HB 4165

        By the Committee on Agriculture and Representative Bronson






  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Agriculture and Consumer Services; amending s.

  4         216.181, F.S., relating to approved budgets;

  5         exempting the department from certain

  6         restrictions on lump-sum salary bonuses;

  7         amending s. 500.09, F.S.; authorizing the

  8         department to perform certain laboratory

  9         services relating to food safety and establish

10         fees therefor; amending s. 500.121, F.S.;

11         adding new disciplinary procedures for food

12         establishments operating without a permit or

13         with a suspended or revoked permit; providing a

14         penalty; amending s. 525.07, F.S.; providing

15         for the repair and adjustment of petroleum fuel

16         measuring devices by meter mechanics; providing

17         for notification of the department; amending s.

18         570.07, F.S.; authorizing an employees' benefit

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

20         membership of the Florida Agriculture Center

21         and Horse Park Authority; amending s. 571.25,

22         F.S.; changing the registration date for

23         membership in the Florida Agricultural

24         Promotional Campaign; amending s. 581.131,

25         F.S.; raising the cap on nursery and nursery

26         stock dealer certificate of registration and

27         renewal fees; repealing s. 102, ch. 92-291,

28         Laws of Florida, relating to review and repeal

29         of ss. 500.12 and 500.121, F.S.; providing an

30         effective date.

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    Florida House of Representatives - 1998                HB 4165

    188-531D-98






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

  2

  3         Section 1.  Paragraph (b) of subsection (10) of section

  4  216.181, Florida Statutes, is amended to read:

  5         216.181  Approved budgets for operations and fixed

  6  capital outlay.--

  7         (10)

  8         (b)  Lump-sum salary bonuses may be provided only if

  9  specifically appropriated. This paragraph shall not apply to

10  the Department of Agriculture and Consumer Services.

11         Section 2.  Subsections (6) and (7) are added to

12  section 500.09, Florida Statutes, to read:

13         500.09  Rulemaking; analytical work; fees.--

14         (6)  The department may perform laboratory services

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

16  compliance of food with the requirements of this chapter for

17  any person or public agency.

18         (7)  The department may establish and collect

19  reasonable fees for laboratory services performed pursuant to

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

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

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

23         Section 3.  Subsection (5) is added to section 500.121,

24  Florida Statutes, to read:

25         500.121  Disciplinary procedures.--

26         (5)  The department shall post a prominent

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

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

29  post such a sign on any establishment judicially or

30  administratively determined to be operating without a permit.

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

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    Florida House of Representatives - 1998                HB 4165

    188-531D-98






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

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

  3  establishment to open for operation without a permit or to

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

  5  The department may impose administrative sanctions for

  6  violations of this subsection.

  7         Section 4.  Subsection (7) of section 525.07, Florida

  8  Statutes, is amended to read:

  9         525.07  Powers and duties of department; inspections;

10  unlawful acts.--

11         (7)  It is shall be unlawful for any person to break,

12  cut, or remove any seal applied by the department to a

13  petroleum fuel measuring device or container. When it becomes

14  necessary to repair and adjust a petroleum fuel measuring

15  device during the absence of an inspector of the department,

16  the seal on the meter adjustment may be broken by a person who

17  is registered with the department as a meter mechanic. After

18  repairs and adjustments have been made, the adjusting

19  mechanism must immediately be resealed by the registered meter

20  mechanic with a seal clasp bearing the name of the company or

21  the name or initials of the registered mechanic. The

22  registered mechanic shall immediately notify the department of

23  this action.

24         Section 5.  Subsection (34) is added to section 570.07,

25  Florida Statutes, to read:

26         570.07  Department of Agriculture and Consumer

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

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

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

30  operation of, an employees' benefit fund.

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    Florida House of Representatives - 1998                HB 4165

    188-531D-98






  1         Section 6.  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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    Florida House of Representatives - 1998                HB 4165

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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 7.  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 8.  Subsection (6) of section 581.131, Florida

18  Statutes, is amended to read:

19         581.131  Certificate of registration.--

20         (6)  Neither the certificate of registration fee nor

21  the annual renewal fee shall exceed $600 $460.  The department

22  may exempt from the payment of a certificate fee those

23  governmental agency nurseries whose nursery stock is used

24  exclusively for planting on their own property.

25         Section 9.  Section 102 of chapter 92-291, Laws of

26  Florida, is repealed.

27         Section 10.  This act shall take effect upon becoming a

28  law.

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    Florida House of Representatives - 1998                HB 4165

    188-531D-98






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  2                          HOUSE SUMMARY

  3
      Provides the following with respect to the Department of
  4    Agriculture and Consumer Services: exempts the department
      from certain restrictions on lump sum salary bonuses;
  5    authorizes the department to perform certain laboratory
      services relating to food safety and establish fees
  6    therefor; adds new disciplinary procedures and penalties
      relating to food establishments operating without a
  7    permit or with a suspended or revoked permit; provides
      for the repair and adjustment of petroleum fuel measuring
  8    devices by meter mechanics and notification of the
      department; authorizes an employees' benefit fund;
  9    revises membership of the Florida Agriculture Center and
      Horse Park Authority; changes certain registration dates;
10    and raises the cap on nursery and nursery stock dealer
      certificate of registration and renewal fees. Repeals
11    provisions relating to review and repeal of certain food
      permit provisions.
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