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House Bill 0907c2

Florida House of Representatives - 1997 CS/CS/HB 907 By the Committees on Law Enforcement & Public Safety, Agriculture and Representatives Spratt, Futch, Minton, Bronson, Putnam, Harrington, Smith, Boyd, Wiles and Greene 1 A bill to be entitled 2 An act relating to the Department of 3 Agriculture and Consumer Services; amending s. 4 581.011, F.S.; revising definition of the term 5 "noxious weed"; amending s. 581.182, F.S.; 6 renaming an advisory committee; repealing s. 3, 7 ch. 92-153, Laws of Florida; amending s. 8 581.185, F.S.; clarifying the scope of the 9 Regulated Plant Index; abrogating the repeal of 10 s. 581.186, F.S., relating to the Endangered 11 Plant Advisory Council; amending s. 589.011, 12 F.S.; authorizing the Division of Forestry to 13 prohibit certain activities and providing 14 penalties; authorizing leasing of property and 15 structures to telecommunications providers; 16 authorizing fees; creating s. 589.012, F.S.; 17 creating the Friends of Florida State Forests 18 Program; providing purpose; creating s. 19 589.013, F.S.; authorizing a direct-support 20 organization for the Friends of Florida State 21 Forests Program; amending s. 590.01, F.S.; 22 providing Division of Forestry responsibility 23 for forest and wild land fire protection; 24 amending s. 590.02, F.S.; clarifying that a 25 specific appropriation is not needed to build 26 certain structures; amending s. 590.026, F.S.; 27 clarifying requirements for prescribed burning; 28 amending s. 601.58, F.S.; revising procedures 29 relating to approval of a citrus fruit dealer's 30 license application; amending s. 601.60, F.S.; 31 authorizing the department to issue a 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 provisional license; amending s. 601.67, F.S.; 2 authorizing a fine against a person who 3 operates as a citrus fruit dealer without a 4 license; amending s. 602.065, F.S.; revising 5 provisions relating to the deposit of certain 6 funds for the eradication of citrus canker; 7 amending s. 604.15, F.S.; revising definition 8 of the term "agricultural products"; amending 9 s. 500.03, F.S.; providing definitions relating 10 to food products; reenacting s. 500.04(4) and 11 (6), F.S., relating to prohibited acts, to 12 incorporate amendments to ss. 500.12 and 13 500.147, F.S., in references; amending s. 14 500.11, F.S., relating to misbranded food; 15 clarifying language; adding bottled water 16 requirements; amending s. 500.12, F.S., 17 relating to food and building permits; 18 including existing fees for permits for 19 operating bottled water plants or packaged ice 20 plants; providing requirements; amending s. 21 500.121, F.S., relating to disciplinary 22 procedures; providing for a fine for 23 mislabeling; amending s. 500.147, F.S.; 24 inserting inspection language for bottled water 25 plants and packaged ice plants; authorizing a 26 food safety inspection pilot program; providing 27 criteria for the program; amending s. 500.171, 28 F.S.; revising provisions authorizing an 29 injunction; reenacting s. 500.177(1), F.S.; 30 providing a penalty; amending s. 500.459, F.S.; 31 providing definitions relating to water vending 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 machines and conforming a requirement to the 2 State Plumbing Code; amending s. 500.511, F.S., 3 relating to fees, enforcement, and preemption; 4 conforming cross references and deleting 5 reference to certain water and ice operators 6 and dealers; amending s. 526.3135, F.S.; 7 clarifying compilation of a report; amending s. 8 531.44, F.S.; establishing authority to set 9 procedures for verifying acceptable pricing 10 practices; amending s. 531.50, F.S.; 11 authorizing penalties for violation of 12 provisions relating to weights and measures; 13 providing for deposit of funds; amending s. 14 534.011, F.S.; providing for deposit of fees 15 relating to the inspection and protection of 16 livestock; amending s. 253.68, F.S.; deleting a 17 requirement that precludes the Board of 18 Trustees of the Internal Improvement Trust Fund 19 from granting a lease for aquaculture 20 activities in areas objected to by resolution 21 of the county commission; repealing ss. 22 500.453, 500.455, 500.457, and 500.509, F.S., 23 relating to bottled water and packaged ice 24 regulation; providing for a state facility 25 designation; providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Subsection (18) of section 581.011, Florida 30 Statutes, is amended to read: 31 581.011 Definitions.--As used in this chapter: 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 (18) "Noxious weed" means any living stage, including, 2 but not limited to, seeds and productive parts, of a parasitic 3 or other plant of a kind, or subdivision of a kind, which may 4 be a serious agricultural threat in Florida or have a negative 5 impact on the plant species protected under s. 581.185. 6 Section 2. Paragraphs (b), (f), and (g) of subsection 7 (4) of section 581.182, Florida Statutes, are amended to read: 8 581.182 Citrus plants and citrus plant products from 9 other states, territories, or foreign countries.-- 10 (4) In considering an application for a permit to 11 introduce into this state from another state, territory, or 12 foreign country any citrus plant or citrus plant product or 13 propagation therefrom, the department shall consider the 14 following guidelines: 15 (b) The clones introduced must: 16 1. Have been evaluated by the Citrus Budwood Technical 17 Advisory Registration Committee as having desirable and 18 superior characteristics to warrant testing under Florida 19 field conditions prior to possible release as a new clone; or 20 2. Be of a type desirable: 21 a. For research; or 22 b. As a breeding stock to be used by the agricultural 23 experiment stations in Florida. 24 (f) When tests are completed, new clones will be 25 evaluated by the Citrus Budwood Technical Advisory 26 Registration Committee. If the committee recommends the 27 release and distribution of any clone to the industry, a 28 portion of this clone will be validated and maintained in a 29 Division of Plant Industry planting. 30 (g) The director is authorized to waive permit 31 requirements for certain species of plants of the subfamilies 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 Aurantioideae, Rutoideae, or Toddalioideae which the Citrus 2 Budwood Technical Advisory Registration Committee determines 3 pose no threat of introducing into the state a citrus plant 4 pest. 5 Section 3. Subsection (11) is added to section 6 581.185, Florida Statutes, to read: 7 581.185 Preservation of native flora of Florida.-- 8 (11) REGULATED PLANT INDEX.--The Regulated Plant Index 9 is to be used solely to restrict unlawful harvesting of native 10 flora without the authorization of the landowner. The 11 Regulated Plant Index is not to be used to regulate 12 construction or other land alteration activities on any 13 property. 14 Section 4. Section 3 of chapter 92-153, Laws of 15 Florida, is hereby repealed. 16 Section 5. Subsections (5) and (6) are added to 17 section 589.011, Florida Statutes, to read: 18 589.011 Use of state forest lands; fees; rules.-- 19 (5) The Division of Forestry may prohibit on state 20 forest lands, or any lands leased by or otherwise assigned to 21 the division for management purposes, activities that 22 interfere with management objectives, create a nuisance, or 23 pose a threat to public safety. Such prohibited activities 24 must be posted with signs not more than 500 feet apart along, 25 and at each corner of, the boundaries of the land. The signs 26 must be placed along the boundary line of posted land in a 27 manner and in such position as to be clearly noticeable from 28 outside the boundary line. A person who violates the 29 provisions of this subsection commits a misdemeanor of the 30 second degree, punishable as provided in s. 775.082 or s. 31 775.083. 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 (6) The Division of Forestry may enter into contracts 2 or agreements, with or without competitive bidding or 3 procurement, to make available, on a fair, reasonable, and 4 nondiscriminatory basis, property and other structures under 5 division control for the placement of new facilities by any 6 wireless provider of mobile service as defined in 47 U.S.C. s. 7 153(n) or 47 U.S.C. s. 332(d) or any telecommunications 8 company as defined in s. 364.02 when it is determined to be 9 practical and feasible to make such property or other 10 structures available. The division may, without adopting a 11 rule, charge a just, reasonable, and nondiscriminatory fee for 12 the placement of the facilities, payable annually, based on 13 the fair market value of space used by comparable 14 communications facilities in the state. The division and a 15 wireless provider or telecommunications company may negotiate 16 the reduction or elimination of a fee in consideration of 17 services provided to the division by the wireless provider or 18 telecommunications company. All such fees collected by the 19 division shall be deposited in the Incidental Trust Fund. 20 Section 6. Section 589.012, Florida Statutes, is 21 created to read: 22 589.012 Friends of Florida State Forests Program.--The 23 Friends of Florida State Forests Program is established within 24 the Department of Agriculture and Consumer Services. Its 25 purpose is to provide support and assistance for existing and 26 future programs of the Division of Forestry. These programs 27 must be consistent with the division's mission statement which 28 is incorporated by reference. The purpose of the program is 29 to: 30 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 (1) Conduct programs and activities related to 2 environmental education, fire prevention, recreation, and 3 forest management. 4 (2) Identify and pursue methods to provide resources 5 and materials for these programs. 6 (3) Establish a statewide method to integrate these 7 resources and materials. 8 Section 7. Section 589.013, Florida Statutes, is 9 created to read: 10 589.013 Direct-support organization.-- 11 (1) The Department of Agriculture and Consumer 12 Services is authorized to create a direct-support organization 13 to provide assistance to the Friends of Florida State Forests 14 Program of the Division of Forestry. 15 (2) The direct-support organization shall be governed 16 by the provisions of ss. 570.902 and 570.903 for the direct or 17 indirect benefit of the Division of Forestry or individual 18 units within the division. 19 Section 8. Section 590.01, Florida Statutes, is 20 amended to read: 21 590.01 Protection of forests and wild land.--The 22 Division of Forestry of the Department of Agriculture and 23 Consumer Services has the primary responsibility for forest 24 and wild land fire protection. The division shall provide 25 leadership and direction in the evaluation, coordination, and 26 monitoring of wildfire management and protection, which 27 reduces threats to life and property, forest and wild land 28 resources, and other related values at risk. The division 29 shall promote natural resource management and wild land and 30 forest fuel reduction through the use of prescribed fire. The 31 division may designate and establish protection districts in 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 areas declared to need additional protection. Whenever it 2 shall appear to the Division of Forestry of the Department of 3 Agriculture and Consumer Services, hereinafter called the 4 division, from investigation, hearing or otherwise that areas 5 in the state are in need of special protection from forest 6 fires, the said division may designate and establish a forest 7 protection district in such areas. The limits of each such 8 fire protection district shall be defined by the division, and 9 public notice of its establishment shall be published in some 10 one or more newspapers of general circulation in the region 11 affected, once each week for 3 successive weeks (three 12 insertions), and such additional publicity shall be given to 13 the establishment of said district as the division may deem 14 necessary. 15 Section 9. Subsection (4) of section 590.02, Florida 16 Statutes, 1996 Supplement, is amended to read: 17 590.02 Division powers, authority, and duties; law 18 enforcement; liability; building structures.-- 19 (4) The department may build structures, 20 notwithstanding chapters 216 and chapter 255, not to exceed a 21 cost of $50,000 per structure from existing resources on 22 forest lands, federal excess property, and unneeded existing 23 structures. These structures must meet all applicable building 24 codes. 25 Section 10. Subsection (5) of section 590.026, Florida 26 Statutes, is amended to read: 27 590.026 Prescribed burning; requirements; liability.-- 28 (5) REQUIREMENTS; LIABILITY.-- 29 (a) Prescribed burning conducted under the provisions 30 of this section shall: 31 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 1. Be accomplished only when at least one certified 2 prescribed burn manager is present on site while the burn is 3 being conducted. 4 2. Require that a written prescription be prepared 5 prior to receiving authorization to burn from the Division of 6 Forestry. 7 3. Be considered in the public interest and shall not 8 constitute a public or private nuisance when conducted 9 pursuant to state air pollution statutes and rules applicable 10 to prescribed burning. 11 4. Be considered a property right of the property 12 owner if naturally occurring vegetative fuels are used and 13 when conducted pursuant to the requirements of this section 14 subsection. 15 (b) No property owner or his agent, conducting a 16 prescribed burn pursuant to the requirements of this section 17 subsection, shall be liable for damage or injury caused by 18 fire or resulting smoke, unless negligence is proven. 19 Section 11. Subsection (1) of section 601.58, Florida 20 Statutes, is amended to read: 21 601.58 Application approval or disapproval.-- 22 (1) Each citrus fruit dealer's license application 23 which is approved, or approved subject to conditions, shall be 24 forwarded immediately to the Department of Agriculture and 25 Consumer Services, Division of Fruit and Vegetables, Bureau of 26 Citrus License and Bond, which shall, upon satisfaction of the 27 stated conditions, if any are endorsed thereon, issue to the 28 applicant an appropriate license as prescribed in s. 601.60. 29 Section 12. Subsection (1) of section 601.60, Florida 30 Statutes, is amended to read: 31 601.60 Issuance of dealers' licenses.-- 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 (1) Whenever an application bears the approved 2 endorsement of the Department of Citrus and satisfactions of 3 conditions of approval, if any, and the applicant has paid the 4 prescribed fee, the Department of Agriculture and Consumer 5 Services shall issue to such applicant a license, as approved 6 by the Department of Citrus, which shall entitle the licensee 7 to do business as a citrus fruit dealer during the effective 8 term of such license in accordance with s. 601.55 or until 9 such license may be suspended or revoked by the Department of 10 Agriculture and Consumer Services in accordance with the 11 provisions of law. The Department of Agriculture and Consumer 12 Services may issue a provisional license for a period of no 13 longer than 1 year to an applicant who is under investigation 14 for an action that would constitute a violation of this 15 chapter or has pending against such applicant an 16 administrative or civil proceeding which alleges an action 17 that would constitute a violation of this chapter. The 18 department shall establish by rule requirements for renewal of 19 a provisional license. When the investigation is complete or 20 the pending proceeding has been disposed of, the department 21 may issue a regular license under this section. 22 Section 13. Subsections (2) and (4) of section 601.67, 23 Florida Statutes, are renumbered as subsections (3) and (5), 24 respectively, subsection (3) is renumbered as subsection (4) 25 and amended, and a new subsection (2) is added to said 26 section, to read: 27 601.67 Disciplinary action by Department of 28 Agriculture and Consumer Services against citrus fruit 29 dealers.-- 30 (2) The department may impose a fine not exceeding 31 $100,000 per violation against any person who operates as a 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 citrus fruit dealer without a current citrus fruit dealer 2 license issued by the department pursuant to s. 601.60. In 3 addition, the department may order such person to cease and 4 desist operating as a citrus fruit dealer without a license. 5 An administrative order entered by the department under this 6 subsection may be enforced pursuant to s. 601.73. 7 (4)(3) Any fine imposed pursuant to subsection (1), or 8 subsection (2), or subsection (3), when paid, shall be 9 deposited by the Department of Agriculture and Consumer 10 Services into its General Inspection Trust Fund. 11 Section 14. Subsection (9) of section 602.065, Florida 12 Statutes, 1996 Supplement, is amended to read: 13 602.065 Citrus canker claims; procedures.-- 14 (9) The Department of Legal Affairs shall provide 15 representation and assistance to the Office of Citrus Canker 16 Claims and may provide representation to any state agency 17 affected by this act. The Department of Legal Affairs shall 18 also take all necessary and appropriate action determined to 19 be available to ensure that the Federal Government releases to 20 the State of Florida any available funds which reimburse the 21 state the Federal Government's share of the costs arising from 22 the eradication of citrus canker. All funds received by the 23 state from the Federal Government to reimburse the state for 24 its share of the costs arising from the eradication of the 25 citrus canker shall be deposited in the Plant Industry Trust 26 Fund and shall be used only for the eradication of citrus 27 canker. divided and deposited in the following proportions: 28 (a) Fifty percent into the General Revenue Fund; and 29 (b) Fifty percent into the Citrus Advertising Trust 30 Fund. 31 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 Section 15. Subsection (3) of section 604.15, Florida 2 Statutes, is amended to read: 3 604.15 Dealers in agricultural products; 4 definitions.--For the purpose of ss. 604.15-604.34, the 5 following words and terms, when used, shall be construed to 6 mean: 7 (3) "Agricultural products" means the natural products 8 of the farm, nursery, grove, orchard, vineyard, garden, and 9 apiary (raw or manufactured); livestock; milk and milk 10 products; poultry and poultry products; the fruit of the saw 11 palmetto (meaning the fruit of the Serenoa repens); and limes 12 (meaning the fruit Citrus aurantifolia, variety Persian, 13 Tahiti, Bearss, or Florida Key limes) produced in the state, 14 except tobacco, tropical foliage, sugarcane, and citrus other 15 than limes. 16 Section 16. Paragraphs (b) through (p) of subsection 17 (1) of section 500.03, Florida Statutes, are redesignated as 18 paragraphs (f) through (t), respectively, paragraphs (q), (r), 19 and (s) are redesignated as paragraphs (x), (y), and (z), 20 respectively, and new paragraphs (b), (c), (d), (e), (u), (v), 21 and (w) are added to said subsection to read: 22 500.03 Definitions of terms; construction; 23 applicability.-- 24 (1) For the purpose of this chapter, the term: 25 (b) "Approved laboratory" or "certified laboratory" 26 means a laboratory of the department, a commercial laboratory 27 certified by the Department of Health, or a competent 28 commercial laboratory certified by an agency of another state 29 or the United States Environmental Protection Agency to 30 perform analyses of drinking water in accordance with the 31 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 water quality testing procedures adopted by the United States 2 Environmental Protection Agency. 3 (c) "Approved source" as it relates to water means a 4 source of water, whether it is a spring, artesian well, 5 drilled well, municipal water supply, or any other source, 6 that complies with the Federal Safe Drinking Water Act, Pub. 7 L. No. 93-523, as amended. 8 (d) "Bottled water" means a beverage as described in 9 Title 21 of the Code of Federal Regulations, Part 165 (1996), 10 that is processed in compliance with Title 21 of the Code of 11 Federal Regulations, Part 129 (1996). 12 (e) "Bottled water plant" means a food establishment 13 in which bottled water is prepared for sale. 14 (u) "Natural water" means bottled spring water, 15 artesian well water, or well water that has not been altered 16 with water from another source or that has not been modified 17 by mineral addition or deletion, except for alteration that is 18 necessary to treat the water through ozonation or an 19 equivalent disinfection and filtration process. 20 (v) "Packaged ice" means ice that is enclosed in a 21 container and is offered for sale for human consumption or for 22 other use by the consumer. The term does not include ice that 23 is manufactured by any business licensed under chapter 381 or 24 chapter 509. 25 (w) "Packaged ice plant" means a food establishment in 26 which packaged ice is manufactured or processed. 27 Section 17. For the purpose of incorporating the 28 amendments to sections 500.12 and 500.147, Florida Statutes, 29 in references thereto, subsections (4) and (6) of section 30 500.04, Florida Statutes, are reenacted to read: 31 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 500.04 Prohibited acts.--The following acts and the 2 causing thereof within the state are prohibited: 3 (4) The sale, delivery for sale, holding for sale, or 4 offering for sale of any article in violation of s. 500.12. 5 (6) The refusal to permit entry or inspection, or to 6 permit the taking of a sample, as authorized by s. 500.147. 7 Section 18. Paragraph (g) of subsection (1) of section 8 500.11, Florida Statutes, is amended, and paragraph (o) is 9 added to said subsection, to read: 10 500.11 Food deemed misbranded.-- 11 (1) A food is deemed to be misbranded: 12 (g) If it purports to be or is represented as a food 13 for which a definition and standard of identity has been 14 prescribed by statute or by rules as provided by s. 500.09, 15 unless: 16 1. It conforms to such definition and standard; and 17 2. Its label bears the name of the food specified in 18 the definition and standard and, insofar as may be required by 19 such rules, the common names of optional ingredients (other 20 than spices, flavoring, and coloring) present in such food. 21 (o) If it is bottled water and its label bears a 22 corporate name, brand name, or trademark containing the word 23 "spring," "springs," "well," "artesian well," "natural," or 24 any derivative of those words without stating on the label the 25 source of the water in typeface at least equal to the size of 26 the typeface of the corporate name, brand name, or trademark, 27 if the source of the water is different from the source 28 indicated in the corporate name, brand name, or trademark. 29 Section 19. Paragraph (b) of subsection (1) of section 30 500.12, Florida Statutes, is amended, paragraphs (c) and (d) 31 of said subsection are redesignated as paragraphs (e) and (f), 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 respectively, and new paragraphs (c) and (d) are added to said 2 subsection, to read: 3 500.12 Food permits; building permits.-- 4 (1) 5 (b) An application for a food permit from the 6 department must be accompanied by a fee in an amount 7 determined by department rule, which may not exceed $350, 8 except that the fee accompanying an application for a food 9 permit for operating a bottled water plant may not exceed 10 $1,000 and the fee accompanying an application for a food 11 permit for operating a packaged ice plant may not exceed $250. 12 The fee for operating a bottled water plant or a packaged ice 13 plant shall be set by rule of the department in an amount 14 sufficient to meet, but not exceed, the total direct and 15 indirect costs incurred by the department in carrying out its 16 permitting, inspection, sampling, enforcement, and 17 administrative responsibilities for those operations. Food 18 permits must be renewed annually on or before January 1. If an 19 application for renewal of a food permit is not received by 20 the department within 30 days after its due date, a late fee, 21 in an amount not exceeding $100, must be paid in addition to 22 the food permit fee before the department may issue the food 23 permit. The moneys collected shall be deposited in the General 24 Inspection Trust Fund. 25 (c) For bottled water plants: 26 1. Water that is transported into the state and that 27 is bottled before or after importation into the state must be 28 bottled, labeled, handled, and otherwise processed and sold 29 according to the provisions of this chapter. 30 2. An application for a food permit for operating a 31 bottled water plant must state the location of the bottled 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 water plant, the source of the water, and any other 2 information considered necessary by the department to verify 3 compliance with the safety, quality, and labeling requirements 4 of this chapter. 5 (d) For packaged ice plants: 6 1. Packaged ice that is transported into the state and 7 that is packaged before or after importation into the state 8 must be packaged, labeled, handled, and otherwise processed 9 and sold according to the provisions of this chapter. 10 2. An application for a food permit for operating a 11 packaged ice plant must state the location of the packaged ice 12 plant, the source of the water, the treatment the water 13 received prior to being made into ice and packaged, and any 14 other information considered necessary by the department to 15 verify compliance with the safety, quality, and labeling 16 requirements of this chapter. 17 (4)(a) The department may suspend immediately upon 18 notice any permit issued under this section if it finds that 19 any of the conditions of the permit have been violated. The 20 holder of a permit so suspended may at any time apply for the 21 reinstatement of such permit; and the department shall, 22 immediately after prompt hearing and an inspection of the 23 establishment, reinstate such permit if the department finds 24 that adequate measures have been taken to comply with and 25 maintain the conditions of the permit, as originally issued, 26 or as amended. 27 (b) The department shall have access to any food 28 establishment for the purpose of ascertaining compliance with 29 this section. Denial of access for such inspection is a ground 30 for suspending the permit until access to the food 31 establishment is freely given by the operator. 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 Section 20. Section 500.121, Florida Statutes, is 2 amended to read: 3 500.121 Disciplinary procedures.-- 4 (1) In addition to the suspension procedures provided 5 in s. 500.12, the department may impose a fine not exceeding 6 $5,000 against any retail food store or food establishment 7 that has violated this chapter, which fine, when imposed and 8 paid, shall be deposited by the department into the General 9 Inspection Trust Fund. The department may revoke or suspend 10 the permit of any such retail food store or food establishment 11 if it is satisfied that the retail food store or food 12 establishment has: 13 (a) Violated any of the provisions of this chapter. 14 (b) Violated or aided or abetted in the violation of 15 any law of this state governing or applicable to retail food 16 stores or food establishments or any lawful rules of the 17 department. 18 (c) Knowingly committed, or been a party to, any 19 material fraud, misrepresentation, conspiracy, collusion, 20 trick, scheme, or device whereby any other person, lawfully 21 relying upon the word, representation, or conduct of a retail 22 food store or food establishment, acts to his injury or 23 damage. 24 (d) Committed any act or conduct of the same or 25 different character than that enumerated which constitutes 26 fraudulent or dishonest dealing. 27 (2) Any manufacturer, processor, packer, or 28 distributor who misrepresents or mislabels the country of 29 origin of any food may, in addition to any penalty provided in 30 this chapter, be subject to an additional administrative fine 31 of up to $10,000 per violation. 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 (3)(2) Any administrative order made and entered by 2 the department imposing a fine pursuant to this section shall 3 specify the amount of the fine and the time limit for payment 4 thereof, not exceeding 15 days, and, upon failure of the 5 permitholder to pay the fine within that time, the permit is 6 subject to suspension. 7 (4)(3) In any court proceeding relating to 8 administrative orders, the burden of proving violations of 9 this chapter and of upholding administrative orders is with 10 the department. 11 Section 21. Subsection (3) of section 500.147, Florida 12 Statutes, is renumbered as subsection (5), and new subsections 13 (3), (4), and (6) are added to said section to read: 14 500.147 Inspection of food establishments and 15 vehicles; food safety pilot program.-- 16 (3) For bottled water plants: 17 (a) Bottled water must be from an approved source. 18 Bottled water must be processed in conformance with Title 21 19 of the Code of Federal Regulations, Part 129 (1996), and must 20 conform to Title 21 of the Code of Federal Regulations, Part 21 165 (1996). A person operating a bottled water plant shall be 22 responsible for all water sampling and analyses required by 23 this chapter. 24 (b) All microbiological, chemical, physical, or 25 radiological testing and analyses of source water and finished 26 product required by this chapter must be performed by an 27 approved laboratory. Records of the sampling and analyses 28 must be maintained on file at the plant for not less than 2 29 years and made available to the department upon request. 30 (4) For packaged ice plants: 31 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 (a) Water used in packaged ice must be from an 2 approved source. The finished product must meet the primary 3 water quality standards established under the Federal Safe 4 Drinking Water Act, Pub. L. No. 93-523, as amended. A person 5 operating a packaged ice plant shall be responsible for all 6 water sampling and analyses required by this chapter. 7 (b) All packaged ice plants must submit to an approved 8 laboratory, once every 3 months, a sample of each type of 9 finished product for microbiological analysis. The quarterly 10 laboratory analysis must include testing for fecal and total 11 coliform organisms. Total coliforms must not be greater than 12 2.2 organisms/100 ml. using the most probable number method or 13 not greater than 1 organism/100 ml. using the membrane 14 filtration method. Packaged ice must have no fecal 15 coliform-positive samples. All microbiological, chemical, 16 physical, or radiological analyses required by this chapter 17 must be performed by an approved laboratory. 18 (c) All records of sampling and analyses of source 19 water and finished product must be maintained by the plant for 20 a period of not less than 2 years and made available to the 21 department upon request. 22 (6) The department is authorized to initiate a food 23 safety pilot program establishing a special, documented food 24 inspection program based on sound science principles of the 25 Hazard Analysis Critical Control Point (HACCP) system and 26 involving cooperative compliance efforts of both the 27 department and the food establishment to assure consumers a 28 safe, wholesome, and properly labeled food supply. A food 29 establishment shall be eligible for such a pilot program only 30 if program criteria are met. Criteria used to establish this 31 19 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 special program include, but are not limited to, the 2 following: 3 (a) A good inspection history over a specified time 4 period. 5 (b) Certified food manager activities demonstrated to 6 be effective in assessing food safety practices and correcting 7 deficiencies at the food establishment. 8 (c) An active food training program in place for 9 employees. 10 (d) "Self inspection" records of the food 11 establishment made available for review by the department. 12 (e) Written sanitation standard operation procedures 13 in place and the food establishment's verification records 14 made available for review by the department. 15 (f) Freezer/refrigeration units and hot-cold 16 temperature logs or recording charts made available for review 17 by the department. 18 (g) Records of corrective action to resolve food 19 safety deficiencies made available for review by the 20 department. 21 Section 22. Section 500.171, Florida Statutes, is 22 amended to read: 23 500.171 Injunction to restrain violation.--In addition 24 to the remedies provided in this chapter and notwithstanding 25 the existence of any adequate remedy at law, the department 26 may bring an action to enjoin the violation or threatened 27 violation of any provision of this chapter, or rule adopted 28 under this chapter, in the circuit court of the county in 29 which the violation occurred or is about to occur. Upon the 30 department's presentation of competent and substantial 31 evidence to the court of the violation or threatened 20 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 violation, the court shall immediately issue the temporary or 2 permanent injunction sought by the department. The injunction 3 shall be issued without bond. A single act in violation of 4 any provision of this chapter shall be sufficient to authorize 5 the issuance of an injunction. In addition to the remedies 6 herein provided, the department may apply to a circuit court 7 for, and such court shall have jurisdiction upon hearing and 8 for cause shown to grant, a temporary or permanent injunction 9 restraining any person from violating any provision of s. 10 500.04, irrespective of whether or not there exists an 11 adequate remedy at law. 12 Section 23. Subsection (1) of section 500.177, Florida 13 Statutes, is reenacted to read: 14 500.177 Penalty for violation of s. 500.04; 15 dissemination of false advertisement.-- 16 (1) Any person who violates any provision of s. 500.04 17 is guilty of a misdemeanor of the second degree, punishable as 18 provided in s. 775.082 or s. 775.083; but, if the violation is 19 committed after a conviction of such person under this section 20 has become final, such person is guilty of a misdemeanor of 21 the first degree, punishable as provided in s. 775.082 or s. 22 775.083. 23 Section 24. Subsections (3) and (5) of section 24 500.459, Florida Statutes, are renumbered as subsections (4) 25 and (6), respectively, subsections (2), (4), and (6) are 26 renumbered and amended, and a new subsection (2) is added to 27 said section, to read: 28 500.459 Water vending machines.-- 29 (2) DEFINITIONS.-- 30 (a) "Sanitized" means treated in conformity with Title 31 21 of the Code of Federal Regulations, Section 110.3 (1996). 21 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 (b) "Vended water" means water dispensed by means of a 2 water vending machine. 3 (c) "Water vending machine" means a self-service 4 device that, upon insertion of a coin or token or upon receipt 5 of payment by other means, dispenses a serving of water into a 6 container. 7 (d) "Water vending machine operator" means a person 8 who owns, leases, or manages, or is otherwise responsible for, 9 the operation of a water vending machine. 10 (3)(2) PERMITTING REQUIREMENTS.-- 11 (a) Each person or public body that establishes, 12 maintains, or operates any water vending machine in the state 13 must secure an operating permit from the department each year. 14 (b) An application for an operating permit must be 15 made in writing to the department on forms provided by the 16 department and must be accompanied by a fee as provided in 17 subsection (4)(3). The application must state the location of 18 each water vending machine, the source of the water to be 19 vended, the treatment the water will receive prior to being 20 vended, and any other information considered necessary by the 21 department. 22 (5)(4) OPERATING STANDARDS.-- 23 (a) A water vending machine operator must obtain a 24 permit prior to operating any water vending machine. 25 (b) Each water vending machine must be located indoors 26 or otherwise protected against tampering and vandalism and 27 must be located in an area that can be maintained in a clean 28 condition and in a manner that avoids insect and rodent 29 harborage. The floor upon which the water vending machine is 30 located should be smooth and of cleanable construction. 31 22 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 (c) The source of water supply must be an approved 2 public water system. 3 (d) Each water vending machine must have a an approved 4 backflow prevention device that conforms with s. 553.06 and an 5 adequate system for collecting and handling dripping, 6 spillage, and overflow of water. 7 (e) All parts and surfaces of a water vending machine 8 with which water comes into contact must be made of nontoxic, 9 corrosion-resistant, nonabsorbent material capable of 10 withstanding repeated cleaning and sanitizing treatments. 11 (f) Each water vending machine must be maintained in a 12 clean and sanitary condition, free from rust, dirt, and 13 vermin. 14 (g) The vended water must receive treatment and 15 postdisinfection according to approved methods established by 16 rule of the department. Activated carbon, if used, must comply 17 with specifications for granular activated carbon used in 18 water treatment applications as established by rule of the 19 department. 20 (h) The vended water may not be described as "purified 21 water" unless the water conforms to the definition of that 22 term. Further, a water vending machine operator must not claim 23 that the vended water has medicinal or health-giving 24 properties and must not describe any vended water as "spring 25 water." 26 (i) The operator shall place on each water vending 27 machine, in a position clearly visible to customers, the 28 following information: the name and address of the operator; 29 the operating permit number; the fact that the water is 30 obtained from a public water supply; the method of treatment 31 used; the method of postdisinfection used; and a local or 23 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 toll-free telephone number that may be called for obtaining 2 further information, reporting problems, or making complaints. 3 (7)(6) PENALTIES.-- 4 (a) The department may deny, suspend, or revoke a 5 permit if it finds that there has been a substantial failure 6 to comply with this section or rules adopted under this 7 section. 8 (b) Any person who operates a water vending machine 9 without first obtaining an operating permit as required by 10 subsection (3) (2), who operates a water vending machine in 11 violation of an order to discontinue operation, or who 12 maintains or operates a water vending machine after revocation 13 of the operating permit is guilty of a misdemeanor of the 14 second degree, punishable as provided in s. 775.082 or s. 15 775.083. 16 Section 25. Section 500.511, Florida Statutes, is 17 amended to read: 18 500.511 Fees; enforcement; preemption.-- 19 (1) FEES.--All fees collected under s. 500.459 ss. 20 500.453-500.511 shall be deposited into the General Inspection 21 Trust Fund and shall be accounted for separately and used for 22 the sole purpose of administering the provisions of such each 23 section requiring a fee. 24 (2) ENFORCEMENT AND PENALTIES.--In addition to the 25 provisions contained in s. 500.459 ss. 500.453-500.511, the 26 department may enforce s. 500.459 ss. 500.453-500.511 in the 27 manner provided in s. 500.121. Any person who violates a 28 provision of s. 500.459 ss. 500.453-500.511 or any rule 29 adopted under such section sections shall be punished as 30 provided in such sections. However, criminal penalties may not 31 be imposed against any person who violates a rule. 24 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 (3) PREEMPTION OF AUTHORITY TO REGULATE.--Regulation 2 of bottled water plants, bottled water plant operators, water 3 dealers, water vending machines, water vending machine 4 operators, and packaged ice plants, packaged ice plant 5 operators, and packaged ice dealers is preempted by the state. 6 No county or municipality may adopt or enforce any ordinance 7 that regulates the licensure or operation of bottled water 8 plants, water vending machines, or packaged ice plants, unless 9 it is determined that unique conditions exist within the 10 county which require the county to regulate such entities in 11 order to protect the public health. This subsection does not 12 prohibit a county or municipality from requiring an 13 occupational license tax pursuant to chapter 205. 14 Section 26. Section 526.3135, Florida Statutes, is 15 amended to read: 16 526.3135 Reports by the Department of Agriculture and 17 Consumer Services Division of Consumer Services.--The 18 Department of Agriculture and Consumer Services Division of 19 Consumer Services is directed to compile a report pursuant to 20 s. 570.544 of all complaints received by the Department of 21 Agriculture and Consumer Services pursuant to this act. Such 22 report shall contain at least the information required by s. 23 570.544(6)(b)2.-4. and shall be presented to the Speaker of 24 the House of Representatives and the President of the Senate 25 no later than January 1 of each year. 26 Section 27. Section 531.44, Florida Statutes, is 27 amended to read: 28 531.44 Misrepresentation of pricing; verification 29 procedures.-- 30 (1) No person shall misrepresent the price of any 31 commodity or service sold or offered, exposed, or advertised 25 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 for sale by weight, measure, or count, nor represent the price 2 in any manner calculated or tending to mislead or in any way 3 deceive a person. Whenever an advertised, posted, or labeled 4 price per unit of weight, measure, or count includes a 5 fraction of a cent, all elements of a fraction shall be 6 prominently displayed, and the numeral or numerals expressing 7 the fraction shall be immediately adjacent to, of the same 8 general design and style as, and at least one-half the height 9 and width of, the numerals representing the whole cent. 10 (2) The department may adopt, by rule, sampling 11 procedures for determining acceptable pricing practices. 12 Sampling procedures for determining acceptable pricing 13 practices may include, but are not limited to, those 14 procedures adopted by the National Conference on Weights and 15 Measures. 16 Section 28. Section 531.50, Florida Statutes, is 17 amended to read: 18 531.50 Administrative fine, Offenses and penalties, 19 and offenses.-- 20 (1) The department may enter an order imposing one or 21 more of the following penalties against any person who 22 violates any provision of this chapter or rule adopted under 23 this chapter or impedes, obstructs, or hinders the department 24 in the performance of its duties in connection with the 25 provisions of this chapter: 26 (a) Issuance of a warning letter or notice. 27 (b) Imposition of an administrative fine of: 28 1. Up to $1,000 for a first violation; 29 2. Up to $2,500 for a second violation within 2 years 30 after the first violation; or 31 26 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 3. Up to $5,000 for a third violation within 2 years 2 after the first violation. 3 4 When imposing any fine under this section, the department 5 shall consider the degree and extent of potential harm caused 6 by the violation, the amount of money by which the violator 7 benefited from noncompliance, whether the violation was 8 committed willfully, and the compliance record of the 9 violator. All fines, monetary penalties, and costs received by 10 the department shall be deposited in the General Inspection 11 Trust Fund for the purpose of administering the provisions of 12 this chapter. 13 (2)(1) Any person who willfully and knowingly violates 14 the provisions enumerated in subsection (2) or any provision 15 of this chapter or rule rules adopted by the department 16 pursuant to this chapter commits thereto for which a specific 17 penalty has not been prescribed shall be guilty of a 18 misdemeanor of the second degree, punishable as provided in s. 19 775.082 or s. 775.083. Upon a subsequent conviction, a person 20 commits he shall be guilty of a misdemeanor of the first 21 degree, punishable as provided in s. 775.082 or s. 775.083. 22 (3)(2) No person shall: 23 (a) Use, or have in possession for use, in commerce 24 any weight or measure not approved or corrected as provided in 25 s. 531.41(12). 26 (b) Use or dispose of any rejected or condemned weight 27 or measure without specific authorization from the rejecting 28 authority. 29 (c) Remove any mark of rejection from a rejected 30 weight or measure without specific authorization from the 31 rejecting authority. 27 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 Section 29. Section 534.011, Florida Statutes, is 2 amended to read: 3 534.011 Inspection and protection of livestock; 4 jurisdiction of Department of Agriculture and Consumer 5 Services.--The inspection and protection of livestock in the 6 state are hereby placed under the jurisdiction of the 7 Department of Agriculture and Consumer Services, herein called 8 the "department." Fees collected pursuant to this chapter 9 shall be deposited in the General Inspection Trust Fund. 10 Section 30. Subsection (1) of section 253.68, Florida 11 Statutes, 1996 Supplement, is amended to read: 12 253.68 Authority to lease submerged land and water 13 column.-- 14 (1) To the extent that it is not contrary to the 15 public interest, and subject to limitations contained in ss. 16 253.67-253.75, the board of trustees may lease submerged lands 17 to which it has title for the conduct of aquaculture 18 activities and grant exclusive use of the bottom and the water 19 column to the extent required by such activities. Such leases 20 may authorize use of the submerged land and water column for 21 either commercial or experimental purposes. However no lease 22 shall be granted by the board when there is filed with it a 23 resolution of objection adopted by a majority of the county 24 commission of a county within whose boundaries, if the same 25 were extended to the extent of the interest of the state, the 26 proposed leased area would lie. Said resolution shall be 27 filed with the board of trustees within 30 days of the date of 28 the first publication of notice as required by s. 253.70. 29 Prior to the granting of any such leases, the board shall 30 establish and publish a list of guidelines to be followed when 31 considering applications for lease. Such guidelines shall be 28 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/CS/HB 907 604-110-97 1 designed to protect the public's interest in submerged lands 2 and the publicly owned water column. 3 Section 31. Section 500.453, Florida Statutes, as 4 created by chapter 94-180, Laws of Florida, and sections 5 500.455, 500.457, and 500.509, Florida Statutes, as amended by 6 chapter 94-180, Laws of Florida, are hereby repealed. 7 Section 32. The Cracker Country facility located at 8 the Florida State Fairgrounds is hereby designated as the 9 "Doyle E. Carlton, Jr., Cracker Country." The Florida State 10 Fair Authority is authorized to erect appropriate markers 11 bearing the designation made by this section. 12 Section 33. This act shall take effect upon becoming a 13 law. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 29