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





                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Thomas moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause,

15

16  and insert:

17         Section 1.  Subsection (1) of section 501.913, Florida

18  Statutes, is amended to read:

19         501.913  Registration.--

20         (1)  Each brand of antifreeze to be distributed in this

21  state shall be registered with the department prior to

22  distribution.  The person whose name appears on the label, the

23  manufacturer, or the packager shall make application to the

24  department on forms provided by the department no later than

25  July 1 of each year. The registrant assumes, by application to

26  register the brand, full responsibility for the quality and

27  quantity of the product sold, offered, or exposed for sale in

28  this state.

29         Section 2.  Subsection (1) of section 501.916, Florida

30  Statutes, is amended to read:

31         501.916  Mislabeling of antifreeze.--Antifreeze shall

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1  be deemed to be mislabeled:

 2         (1)  If it does not bear a label that which specifies:

 3         (a)  The brand of the product.

 4         (b)(a)  The identity of the product.

 5         (c)(b)  The name and address of the manufacturer,

 6  packager, or distributor, or registrant.

 7         (d)(c)  The net quantity of contents (in terms of

 8  liquid measure) separately and accurately in a uniform

 9  location upon the principal display panel.

10         (e)(d)  A statement warning of any hazard of

11  substantial injury to human beings which may result from the

12  intended use or reasonably foreseeable misuse of the

13  antifreeze.

14         (f)(e)  The primary chemical component functioning as

15  the antifreeze agent.

16         (g)(f)  The appropriate amount, percentage, proportion,

17  or concentration of the antifreeze to be used to provide

18  claimed protection from freezing at a specified degree or

19  degrees of temperature, claimed protection from corrosion, or

20  claimed increase of boiling point or protection from

21  overheating.

22         Section 3.  Subsection (3) of section 501.919, Florida

23  Statutes, is amended to read:

24         501.919  Enforcement; stop-sale order.--

25         (3)  Nothing in this act shall be construed to require

26  the department to report for prosecution or for institution of

27  libel proceedings any minor violations of the act whenever it

28  believes that the public interest will be best served by a

29  suitable notice of warning in writing to the violator

30  registrant or the person whose name and address appears on the

31  label.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1         Section 4.  Section 501.922, Florida Statutes, is

 2  amended to read:

 3         501.922  Violation.--

 4         (1)  The department may enter an order imposing one or

 5  more of the following penalties against any person who

 6  violates ss. 501.91-501.923 or who impedes, obstructs, or

 7  hinders the department in performing its duties under those

 8  sections:

 9         (a)  Imposition of an administrative fine of not more

10  than $1,000 per violation for a first-time offender. For a

11  second-time or repeat offender, or any person who willfully

12  and intentionally violates ss. 501.91-501.923, the

13  administrative fine may not exceed $5,000 per violation.

14         (b)  Revocation or suspension of any registration

15  issued by the department. Any period of suspension may not

16  exceed 1 year.

17         (2)  If a registrant in violation of ss. 501.91-501.923

18  fails to pay a fine within 30 days after imposition of the

19  fine, the department may suspend all registrations issued to

20  the registrant by the department until the fine is paid. The

21  registration with the department of any person who violates

22  this act or fails to comply with any of the provisions of this

23  act may be subject to suspension or revocation.  Any

24  suspension shall not exceed 1 year. In addition to any

25  suspension or revocation, for each violation, the department

26  may levy a fine which shall not exceed $5,000 per violation.

27  If the person in violation of ss. 501.91-501.923 fails to pay

28  the fine within 30 days, then his or her registration may be

29  suspended until such time as the fine is paid.

30         (3)  All fines collected by the department shall be

31  deposited in the General Inspection Trust Fund.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1         Section 5.  Section 531.54, Florida Statutes, is

 2  repealed.

 3         Section 6.  Section 570.191, Florida Statutes, 1998

 4  Supplement, is amended to read:

 5         570.191  Agricultural Emergency Eradication Trust

 6  Fund.--There is created in the office of the commissioner the

 7  Agricultural Emergency Eradication Trust Fund. Funds in the

 8  trust fund may be made available upon certification by the

 9  commissioner that an agricultural emergency exists and that

10  funds specifically appropriated for the emergency's purpose

11  are exhausted or insufficient to eliminate the agricultural

12  emergency. The term "agricultural emergency" means an animal

13  or plant disease, insect infestation, or plant or pest

14  endangering or threatening the horticultural, aquacultural, or

15  other and agricultural interests in this state.

16         Section 7.  Subsection (5) of section 570.46, Florida

17  Statutes, as amended by section 3 of chapter 98-133, Laws of

18  Florida, is repealed.

19         Section 8.  Subsection (7) is added to section 570.48,

20  Florida Statutes, to read:

21         570.48  Division of Fruit and Vegetables; powers and

22  duties; records.--The duties of the Division of Fruit and

23  Vegetables include, but are not limited to:

24         (7)  Notwithstanding any other provision of law,

25  appointing, certifying, licensing, and supervising inspectors

26  whose duties are to inspect fruit and vegetables that are

27  regulated by state law, if federal law does not require such

28  inspectors to be licensed or certified by the federal

29  government.

30         Section 9.  Subsections (5) and (6) of section 570.952,

31  Florida Statutes, 1998 Supplement, are amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1         570.952  Florida Agriculture Center and Horse Park

 2  Authority.--

 3         (5)  A majority of the members shall constitute a

 4  quorum, and action by a majority of a quorum shall be

 5  official.

 6         (5)(6)  Beginning January 1, 1995, The commissioner

 7  shall submit information annually to the Speaker of the House

 8  of Representatives and the President of the Senate reporting

 9  the activities of the Florida Agriculture Center and Horse

10  Park Authority and the progress of the Florida Agriculture

11  Center and Horse Park, including, but not limited to,

12  pertinent planning, budgeting, and operational information

13  concerning the authority.

14         Section 10.  Section 571.24, Florida Statutes, 1998

15  Supplement, is amended to read:

16         571.24  Purpose; duties of the department

17  division.--The purpose of this part is to authorize the

18  department division to establish and coordinate the Florida

19  Agricultural Promotional Campaign.  The duties of the

20  department division shall include, but are not limited to:

21         (1)  Developing logos a logo and authorizing the use of

22  logos as provided by rule that logo.

23         (2)  Registering participants.

24         (3)  Assessing and collecting fees.

25         (4)  Working closely with the Department of Commerce to

26  explore the feasibility of combining marketing strategies.

27         (5)  Developing in-kind advertising programs.

28         (6)  Contracting with media representatives for the

29  purpose of dispersing promotional materials.

30         (7)  Assisting the representative of the department who

31  serves on the Florida Agricultural Promotional Campaign

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1  Advisory Council.

 2         (8)  Designating a division employee to be a member of

 3  the Advertising Interagency Coordinating Council.

 4         (9)  Adopting rules pursuant to ss. 120.536(1) and

 5  120.54 to implement the provisions of this part.

 6         (10)  Enforcing and administering the provisions of

 7  this part, including measures ensuring that only Florida

 8  agricultural or agricultural based products are marketed under

 9  the "Fresh From Florida" or "From Florida" logos or other

10  logos of the Florida Agricultural Promotional Campaign.

11         Section 11.  Section 571.27, Florida Statutes, is

12  amended to read:

13         571.27  Rules.--The department is authorized to adopt

14  promulgate rules that implement, make specific, and interpret

15  the provisions of this part, including rules for entering into

16  contracts with advertising agencies for services which are

17  directly related to the Florida Agricultural Promotional

18  Campaign.  Such rules shall establish the procedures for

19  negotiating costs with the offerors of such advertising

20  services who have been determined by the department division

21  to be qualified on the basis of technical merit, creative

22  ability, and professional competency.  Such determination of

23  qualifications shall also include consideration of the

24  provisions in s. 287.055(3), (4), and (5). The department is

25  further authorized to determine, by rule, the logos or product

26  identifiers to be depicted for use in advertising,

27  publicizing, and promoting the sale of Florida agricultural

28  products or agricultural-based products in the Florida

29  Agricultural Promotional Campaign. The department may also

30  adopt rules not inconsistent with the provisions of this part

31  as in its judgment may be necessary for participant

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1  registration, renewal of registration, classes of membership,

 2  application forms, as well as other forms and enforcement

 3  measures ensuring compliance with this part.

 4         Section 12.  Section 571.29, Florida Statutes, is

 5  amended to read:

 6         571.29  Unlawful acts; administrative remedies;

 7  criminal penalties.--

 8         (1)  It is unlawful for any person to use, reproduce,

 9  or distribute the "Fresh From Florida" or "From Florida" logos

10  or other logos logo of the Florida Agricultural Promotional

11  Campaign without being registered with the department, or to

12  otherwise violate the provisions of this part or any rules

13  adopted under this part.

14         (2)  It is unlawful for any person to use, reproduce,

15  or distribute the "Fresh From Florida" or "From Florida" logos

16  or other logos of the Florida Agricultural Promotional

17  Campaign on any agricultural or agricultural-based products

18  that are not Florida products.

19         (3)  The department may enter an order imposing one or

20  more of the following penalties against any person who

21  violates any of the provisions of this part or any rules

22  adopted under this part:

23         (a)  Issuance of a warning letter.

24         (b)  Imposition of an administrative fine of not more

25  than $1,000 per violation for a first time offender. For a

26  second time offender, or any person who is shown to have

27  willfully and intentionally violated any provision of this

28  part or any rules adopted under this part, the administrative

29  fine may not exceed $5,000 per violation. The term "per

30  violation" means each incident in which a logo of the Florida

31  Agricultural Promotional Campaign has been used, reproduced,

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1  or distributed in any manner inconsistent with the provisions

 2  of this part or the rules adopted under this part.

 3         (c)  Revocation or suspension of any registration

 4  issued by the department.

 5

 6  The administrative proceedings that could result in the entry

 7  of an order imposing any of the penalties specified in

 8  paragraphs (a)-(c) shall be conducted in accordance with

 9  chapter 120.

10         (1)  Any person who violates any of the provisions of

11  this part or any rule promulgated under this part is subject

12  to the imposition of an administrative fine of up to $1,000

13  for each offense.  Upon repeated violation, the department may

14  seek enforcement pursuant to s. 120.69.

15         (4)(2)  Any person who commits is convicted of a

16  violation of the provisions of this part or rules adopted

17  under this part is, for the first offense, guilty of a

18  misdemeanor of the second degree, punishable as provided in s.

19  775.082 or s. 775.083, and is, for each succeeding offense,

20  guilty of a misdemeanor of the first degree, punishable as

21  provided in s. 775.082 or s. 775.083.

22         Section 13.  Section 571.30, Florida Statutes, is

23  created to read:

24         571.30 Injunction.--In addition to the remedies

25  provided in this part and not withstanding the existence of

26  any adequate remedy at law, the department is authorized to

27  make application for injunction to a circuit judge, and such

28  circuit judge shall have jurisdiction upon a hearing for cause

29  shown to grant a temporary or permanent injunction, or both,

30  restraining any person from violating or continuing to violate

31  any provisions of this part or from failing or refusing to

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1  comply with the requirements of this part or any rule adopted

 2  hereunder, such injunction to be issued without bond.

 3         Section 14.  Subsection (1) of section 588.011, Florida

 4  Statutes, is amended to read:

 5         588.011  Legal fence; requirements.--

 6         (1)  Any fence or enclosure at least 3 feet in height

 7  made of barbed or other soft wire consisting of not less than

 8  three strands of wire stretched securely on posts, trees, or

 9  other supports, standing not more than 20 feet apart; or when

10  using battens, up to 60 feet apart for nonelectric and 150

11  feet apart for electric, if constructed with high tensile wire

12  in accordance with the manufacturer's specifications, shall be

13  considered as a legal fence.

14         Section 15.  Section 589.081, Florida Statutes, is

15  amended to read:

16         589.081  Withlacoochee State Forest and Goethe State

17  Forest; payment to counties of portion of gross receipts.--The

18  Division of Forestry shall pay 15 percent of the gross

19  receipts from Withlacoochee State Forest and the Goethe State

20  Forest to each county in which a portion of the respective

21  forest is located Hernando, Citrus, Sumter, Levy, and Pasco

22  Counties in proportion to the forest acreage located in each

23  county.  The funds must be equally divided between the board

24  of county commissioners and the school board of each county.

25         Section 16.  Section 593.1141, Florida Statutes, is

26  amended to read:

27         593.1141  Authority to enter agreements with the Farm

28  Service Agency Agricultural Stabilization and Conservation

29  Service.--The department is authorized to enter into

30  agreements with the Farm Service Agency, "FSA," Agricultural

31  Stabilization and Conservation Service, "ASCS," for the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1  purpose of allowing a cotton grower to tender payment of

 2  assessments, including penalties, to the FSA ASCS.

 3         Section 17.  Section 616.05, Florida Statutes, is

 4  amended to read:

 5         616.05  Amendment of charter.--Any fair association

 6  desiring to propose an amendment of its charter may do so by

 7  resolution as provided in its bylaws.  The proposed amendment

 8  shall be submitted to the department for approval.  When

 9  approved, the proposed amendment, upon publication of notice

10  in the same manner as provided in s. 616.03, placement on file

11  in the office of the clerk of the circuit court and in the

12  office of the department, the rendering of a decree of the

13  circuit judge approving and allowing the amendment, and being

14  recorded in the clerk's office, shall be incorporated into the

15  original charter.

16         Section 18.  Subsection (1) of section 616.07, Florida

17  Statutes, is amended to read:

18         616.07  Members not personally liable; property of

19  association held in trust; exempt from taxation.--

20         (1)  No member, officer, director, or trustee of a fair

21  association shall be personally liable for any of the debts of

22  the association; and no money or property of a fair

23  association shall be distributed as profits or dividends among

24  its members, officers, directors, or trustees, but all money

25  and property of the association shall, except for the payment

26  of its just debts and liabilities, be and remain perpetually

27  public property, administered by the association as trustee,

28  to be used exclusively for the legitimate purpose of the

29  association, and shall be, so long as so used, exempt from all

30  forms of taxation, including special assessments.

31         Section 19.  Section 616.08, Florida Statutes, is

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1  amended to read:

 2         616.08  Additional powers of association.--Every fair

 3  association shall have the power to hold, conduct, and operate

 4  public fairs and expositions annually and for such purpose to

 5  buy, lease, acquire, and occupy lands, erect buildings and

 6  improvements of all kinds thereon, and develop those lands,

 7  buildings, and improvements; to sell, mortgage, lease, or

 8  convey any such property or any part thereof, in its

 9  discretion, from time to time for the purpose of public fairs

10  or expositions; to charge and receive compensation for

11  admission to those fairs and expositions, for the sale or

12  renting of space for exhibitions, and for other privileges; to

13  conduct and hold public meetings; to supervise and conduct

14  lectures and all kinds of demonstration work in connection

15  with or for the improvement of agriculture, horticulture,

16  stockraising and poultry raising, and all kinds of farming and

17  matters connected therewith; to hold exhibits of agricultural

18  and horticultural products and livestock, chickens, and other

19  domestic animals; to give certificates or diplomas of

20  excellence; to promote the progress of the geographical area

21  it represents and serves and stimulate public interest in the

22  advantages and development of that area by providing

23  facilities for agricultural and industrial exhibitions, public

24  gatherings, cultural activities, and other functions which the

25  association determines will enhance the educational, physical,

26  economic, and cultural interests of the public; and generally

27  to do, perform, and carry out all matters, acts, and business

28  usual or proper in connection with public fairs and

29  expositions; but this enumeration of particular powers shall

30  not be in derogation of or limit any special provisions of the

31  charter of the association inserted for the regulation of its

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1  business, and the conduct of its affairs of creating,

 2  defining, limiting, and regulating the powers of the

 3  association or its officers or members; provided, the

 4  treasurer or similar officer of the association shall be

 5  required to give a good and sufficient bond with a surety

 6  company duly authorized under the laws of the state, payable

 7  to the association and in an amount equal to the value of the

 8  total amount of money and other property in that officer's

 9  possession or custody, in addition to the value of any money

10  and property of the association that may reasonably be

11  expected to come into that officer's possession or custody.

12         Section 20.  Section 616.13, Florida Statutes, 1998

13  Supplement, is amended to read:

14         616.13  Restrictions on other amusement rides Licenses

15  upon shows within 5 miles of fair.--A Every person may not

16  engage engaged in the business of providing temporary

17  amusement rides, as defined in s. 616.242, within a 5-mile

18  radius 5 miles of and within 30 days before or during any

19  public fair or exposition being operated by a fair

20  association, when not operating in connection with that fair

21  or exposition, except with the written consent of the affected

22  fair association shall pay a license tax of $1,000 per day.

23         Section 21.  Subsections (1) and (3) of section 616.15,

24  Florida Statutes, are amended to read:

25         616.15  Permit from Department of Agriculture and

26  Consumer Services required.--

27         (1)  No public fair or exposition may be conducted by a

28  fair association without a permit issued by the department.

29  The permit shall be issued in the following manner: The

30  association shall present to the department an application for

31  the permit, signed by an officer of the association, at least

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1  3 months before holding the fair or exposition; this

 2  application shall be accompanied by a fee in an amount to be

 3  determined by the department not to exceed $366 or be less

 4  than $183 for processing the application and making any

 5  required investigation.  The fees collected under this

 6  subsection shall be deposited in the General Inspection Trust

 7  Fund of the State Treasury in a special account to be known as

 8  the "Agricultural and Livestock Fair Account." A copy of the

 9  application must be sent to each fair association located

10  within 50 miles of the site of the proposed fair or exposition

11  at the same time the application is sent to the department.

12  The department may issue the permit with the advice and

13  counsel of the Agricultural and Livestock Fair Council,

14  provided the application sets forth:

15         (a)  The opening and closing dates of the proposed fair

16  or exposition.

17         (b)  The name and address of the owner of the central

18  amusement attraction to operate during the fair or exposition.

19         (c)  An affidavit properly executed by the president or

20  other chief executive officer of the applicant association

21  certifying the existence of a binding contract entered into by

22  the association or exposition and the owner of the central

23  amusement attraction covering the period for which the permit

24  from the department is applied.  The contract or contracts

25  between the parties shall be available for inspection by duly

26  authorized agents of the department in administering this

27  chapter.

28         (d)  A statement that the main purpose of the

29  association is to conduct and operate the proposed fair or

30  exposition for the benefit and development of the educational,

31  agricultural, horticultural, livestock, charitable,

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1  historical, civic, cultural, scientific, and other resources

 2  of the geographical area the fair or exposition represents and

 3  serves. The statement shall be in writing, shall be

 4  subscribed, and shall be acknowledged by an officer of the

 5  association before an officer authorized to take

 6  acknowledgments.

 7         (e)  A premium list of the current fair or exposition

 8  to be conducted or a copy of the previous year's premium list

 9  showing all premiums and awards to be offered to exhibitors in

10  various departments of the fair, such as art exhibition, beef

11  cattle, county exhibits, dairy cattle, horticulture, swine,

12  women's department, 4-H Club activities, Future Farmers of

13  America activities, Future Homemakers of America activities,

14  poultry and egg exhibits, and community exhibits, the

15  foregoing being a list of the usual exhibitors of a fair and

16  not to be construed as limiting the premium list to these

17  departments. The list may be submitted separately at any time

18  not later than 60 days before the holding of the fair or

19  exposition, and the department shall issue the permit as

20  provided in this section within 10 days thereafter if the

21  applicant is properly qualified.

22         (f)  Proof of liability insurance insuring the

23  association against liability for injury to persons, in an

24  amount of not less than $300,000 per occurrence.

25         (g)  A copy of the most recent review.

26         (h)  A list of all current members of the board of

27  directors of the association and their home addresses.

28         (3)  Notwithstanding any fair association meeting the

29  requirements set forth in subsection (1), the department may

30  order a full investigation to determine whether or not the

31  fair association meets in full the requirements of s. 616.01

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1  and accordingly may withhold a permit from, deny a permit to,

 2  or withdraw a permit once issued to the association. The

 3  department shall also consider whether any proposed fair or

 4  exposition, as set forth in an application for a permit, will

 5  compete with another public fair or exposition within 50 miles

 6  of the proposed fair or exposition with respect to name, dates

 7  of operation, or market. The department may deny, withhold, or

 8  withdraw a permit from a fair association if the department

 9  determines that such fair association will compete with

10  another association. The department shall give preference to

11  existing fair associations with established dates, locations,

12  and names. The determination by the department shall be final.

13         Section 22.  Paragraph (b) of subsection (5), paragraph

14  (a) of subsection (8), and paragraph (a) of subsection (10) of

15  section 616.242, Florida Statutes, 1998 Supplement, are

16  amended, paragraph (i) is redesignated as paragraph (j), a new

17  paragraph (i) is added to subsection (11), and paragraph (e)

18  is added to subsection (17) of said section, to read:

19         616.242  Safety standards for amusement rides.--

20         (5)  ANNUAL PERMIT.--

21         (b)  To apply for an annual permit an owner must submit

22  to the department a written application on a form prescribed

23  by rule of the department, which must include the following:

24         1.  The legal name, address, and primary place of

25  business of the owner.

26         2.  A description, manufacturer's name, serial number,

27  model number and, if previously assigned, the United States

28  Amusement Identification Number of the amusement ride.

29         3.  A valid certificate of insurance or bond for each

30  amusement ride.

31         4.  An affidavit of compliance that the amusement ride

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1  was inspected in person by the affiant and that the amusement

 2  ride is in general conformance with the requirements of this

 3  section and all applicable rules adopted by the department.

 4  The affidavit must be executed by a professional engineer or a

 5  qualified inspector no earlier than 60 days before, but not

 6  later than, the date of the filing of the application with the

 7  department. The owner shall request inspection and permitting

 8  of the amusement ride within 60 days of the date of filing the

 9  application with the department. The department shall inspect

10  and permit the amusement ride within 60 days of the date the

11  affidavit was executed.

12         5.  If required by subsection (6), an affidavit of

13  nondestructive testing dated and executed no earlier than 60

14  days prior to, but not later than, the date of the filing of

15  the application with the department. The owner shall request

16  inspection and permitting of the amusement ride within 60 days

17  of the date of filing the application with the department. The

18  department shall inspect and permit the amusement ride within

19  60 days of the date the affidavit was executed.

20         6.  A request for inspection.

21         7.  Upon request, the owner shall, at no cost to the

22  department, provide the department a copy of the

23  manufacturer's current recommended operating instructions in

24  the possession of the owner, the owner's operating fact sheet,

25  and any written bulletins in the possession of the owner

26  concerning the safety, operation, or maintenance of the

27  amusement ride.

28         (8)  FEES.--

29         (a)  The department shall by rule establish fees to

30  cover the 100 percent of all costs and expenditures associated

31  with the Bureau of Fair Rides Inspection, including all direct

                                  16
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1  and costs, all indirect costs, and all division, data center,

 2  and administrative overhead. If there is not sufficient

 3  general revenue appropriated by the Legislature, the industry

 4  shall pay for the remaining cost of the program. The fees must

 5  be deposited in the General Inspection Trust Fund.

 6         (10)  EXEMPTIONS.--

 7         (a)  This section does not apply to:

 8         1.  Permanent facilities that employ at least 1,000

 9  full-time employees and that maintain full-time, in-house

10  safety inspectors. Furthermore, the permanent facilities must

11  file an affidavit of the annual inspection with the

12  department, on a form prescribed by rule of the department

13  required by paragraph (5)(b). Additionally, the Department of

14  Agriculture and Consumer Services may consult annually with

15  the permanent facilities regarding industry safety programs.

16         2.  Any playground operated by a school, local

17  government, or business licensed under chapter 509, if the

18  playground is an incidental amenity and the operating entity

19  is not primarily engaged in providing amusement, pleasure,

20  thrills, or excitement.

21         3.  Museums or other institutions principally devoted

22  to the exhibition of products of agriculture, industry,

23  education, science, religion, or the arts.

24         4.  Conventions or trade shows for the sale or exhibit

25  of amusement rides if there are a minimum of 15 amusement

26  rides on display or exhibition, and if any operation of such

27  amusement rides is limited to the registered attendees of the

28  convention or trade show.

29         5.  Skating rinks, arcades, lazer or paint ball war

30  games, bowling alleys, miniature golf courses, mechanical

31  bulls, inflatable rides, trampolines, ball crawls, exercise

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1  equipment, jet skis, paddle boats, air boats, helicopters,

 2  airplanes, parasails, hot air or helium balloons whether

 3  tethered or untethered, theatres, batting cages, stationary

 4  spring-mounted fixtures, rider-propelled merry-go-rounds,

 5  games, side shows, live animal rides, or live animal shows.

 6         6.  Go-karts operated in competitive sporting events if

 7  participation is not open to the public.

 8         7.  Nonmotorized playground equipment that is not

 9  required to have a manager.

10         8.  Coin-actuated amusement rides designed to be

11  operated by depositing coins, tokens, credit cards, debit

12  cards, bills, or other cash money and which are not required

13  to have a manager, and which have a capacity of six persons or

14  less.

15         9.  Facilities described in s. 549.09(1)(a) when such

16  facilities are operating cars, trucks, or motorcycles only.

17         (11)  INSPECTION STANDARDS.--An amusement ride must

18  conform to and must be inspected by the department in

19  accordance with the following standards:

20         (i)  Signs that advise or warn patrons of age

21  restrictions, size restrictions, health restrictions, weight

22  limitations, or any other special consideration or use

23  restrictions required or recommended for the amusement ride by

24  the manufacturer shall be prominently displayed at the patron

25  entrance of each amusement ride.

26         (17)  PROHIBITIONS RELATED TO BUNGY OPERATIONS.--The

27  following bungy operations are prohibited:

28         (e)  The practice of bungy catapulting or reverse bungy

29  jumping.

30         Section 23.  Section 616.260, Florida Statutes, is

31  amended to read:

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1         616.260  Tax exemption of authority.--It is hereby

 2  found and determined that all of the projects authorized by

 3  this part constitute essential governmental purposes, and all

 4  of the properties, revenues, moneys, and other assets owned

 5  and used in the operation of those projects shall be exempt

 6  from all taxation, including special assessments, by the state

 7  or by any county, municipality, political subdivision, agency,

 8  or instrumentality thereof.  However, nothing in this section

 9  shall grant any person other than the authority an exemption

10  from the tax imposed in chapter 220, and if property of the

11  authority is leased, the property shall be exempt from ad

12  valorem taxation only if the use by the lessee qualifies the

13  property for exemption under s. 196.199.  The exemption

14  granted by this section shall not be applicable to any tax

15  imposed by chapter 220 on interest, income, or profits on debt

16  obligations owned by corporations.  The property of the

17  authority shall be subject to the provisions of s. 196.199.

18         Section 24.  Any special assessment imposed upon a fair

19  association or state fair by the state, or any county,

20  municipality, political subdivision, agency, or

21  instrumentality thereof, which has not been paid as of the

22  effective date of this act is not due from the fair

23  association or state fair.

24         Section 25.  Paragraph (c) of subsection (3) of section

25  823.14, Florida Statutes, is amended to read:

26         823.14  Florida Right to Farm Act.--

27         (3)  DEFINITIONS.--As used in this section:

28         (c)  "Farm product" means any plant, as defined in s.

29  581.011, or animal useful to humans and includes, but is not

30  limited to, any product derived therefrom.

31         Section 26.  Subsection (4) is added to section 828.12,

                                  19
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1  Florida Statutes, to read:

 2         828.12  Cruelty to animals.--

 3         (4)  A person who intentionally trips, fells, ropes, or

 4  lassoes the legs of a horse by any means for the purpose of

 5  wagering for entertainment or sport purposes shall be guilty

 6  of a third degree felony, punishable as provided in s.

 7  775.082, s. 775.083, or s. 775.084.  As used in this

 8  subsection, "trip" means any act that consists of the use of

 9  any wire, pole, stick, rope or other apparatus to cause a

10  horse to fall or lose its balance, and "horse" means any

11  animal of any registered breed of the genus equus, or any

12  recognized hybrid thereof. The provisions of this subsection

13  shall not apply when tripping is used:

14         (a)  To control a horse that is posing an immediate

15  threat to other livestock or human beings;

16         (b)  For the purpose of identifying ownership of the

17  horse when its ownership is unknown; or

18         (c)  For the purpose of administering veterinary care

19  to the horse.

20         Section 27.  Section 570.235, Florida Statutes, is

21  created to read:

22         570.235  Pest Exclusion Advisory Committee.--

23         (1)  There is created within the department a Pest

24  Exclusion Advisory Committee. The advisory committee shall be

25  composed of 24 members.

26         (a)  The Commissioner of Agriculture shall appoint 17

27  members representing the following:

28         1.  Two members from the Florida Department of

29  Agriculture and Consumer Services.

30         2.  Two citizens at large.

31         3.  One member from each of the following agricultural

                                  20
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1  production groups:

 2         a.  Row crops.

 3         b.  Citrus.

 4         c.  Horticulture.

 5         d.  Forestry.

 6         e.  Cattle.

 7         f.  Dairy.

 8         g.  Pork.

 9         h.  Poultry.

10         i.  Horses.

11         j.  Aquaculture.

12         k.  Apiary.

13         4.  One member representing research programs in the

14  state's land grant institutions.

15         5.  One member representing extension programs in the

16  state's land grant institutions.

17         (b)  In addition, the committee shall be composed of

18  the following 7 members:

19         1.  Two members representing and appointed by the

20  Animal and Plant Health Inspection Service, United States

21  Department of Agriculture.

22         2.  One member representing and appointed by the

23  Florida Department of Health.

24         3.  One member representing and appointed by the

25  Florida Department of Environmental Protection.

26         4.  One member representing and appointed by the

27  Florida Game and Fresh Water Fish Commission.

28         5.  One member appointed by the Speaker of the House of

29  Representatives.

30         6.  One member appointed by the President of the

31  Senate.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1         (2)  The advisory committee shall be governed by the

 2  provisions of s. 570.0705 and shall have the responsibility of

 3  reviewing and evaluating the state's existing and future

 4  exclusion, detection, and eradication programs. The

 5  Commissioner of Agriculture shall appoint the chair of the

 6  committee. In evaluating the programs, the advisory committee

 7  shall:

 8         (a)  Require the scientific community to provide

 9  necessary scientific background on Florida's programs. Using

10  such information, the committee shall evaluate the scientific

11  basis for the programs.

12         (b)  Review current Florida laws and regulations and

13  recommend changes.

14         (c)  Identify exotic plants and pests in foreign

15  countries that pose a significant threat to consumer safety

16  and have a high likelihood of being introduced into the state.

17         (d)  Identify high-risk areas for pest introduction and

18  offer recommendations for specific programmatic activities to

19  address such risk.

20         (e)  Study the possibility of partnerships with other

21  public and private entities to develop programs, projects, and

22  activities which may be cost effective and which may assist in

23  implementing a pest exclusion program.

24         (f)  Address any area of concern that is raised

25  regarding the state's pest exclusion, detection, and

26  eradication program.

27         (g)  Make recommendations to the Commissioner of

28  Agriculture, the Governor, the Speaker of the House of

29  Representatives, and the President of the Senate for needs and

30  changes in these programs, including funding requirements and

31  needs.

                                  22
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1         (3)  The committee shall issue a report of its findings

 2  to the Commissioner of Agriculture, the Governor, the Speaker

 3  of the House of Representatives, and the President of the

 4  Senate by January 1, 2001.

 5         Section 28.  Subsection (5) of section 828.125, Florida

 6  Statutes, is amended to read:

 7         828.125  Killing or aggravated abuse of registered

 8  breed horses or cattle; offenses; penalties.--Any other

 9  provisions of this chapter to the contrary notwithstanding:

10         (5)  This section shall not be construed to abridge,

11  impede, prohibit, or otherwise interfere in any way with the

12  application, implementation, or conduct of recognized

13  livestock husbandry practices or techniques by or at the

14  direction of the owner of the livestock so husbanded; nor

15  shall any person be held culpable for any act prohibited by

16  this chapter which results from weather conditions or other

17  acts of God, providing that the person is in compliance with

18  recognized livestock husbandry practices.

19         Section 29.  Paragraph (d) of subsection (7) of section

20  212.08, Florida Statutes, 1998 Supplement, is amended to read:

21         212.08  Sales, rental, use, consumption, distribution,

22  and storage tax; specified exemptions.--The sale at retail,

23  the rental, the use, the consumption, the distribution, and

24  the storage to be used or consumed in this state of the

25  following are hereby specifically exempt from the tax imposed

26  by this chapter.

27         (7)  MISCELLANEOUS EXEMPTIONS.--

28         (d)  Feeds.--Feeds for poultry, ostriches, and

29  livestock, including racehorses, racing greyhounds, and dairy

30  cows, are exempt.

31         Section 30.  Section 581.184, Florida Statutes, is

                                  23
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1  amended to read:

 2         581.184  Promulgation of rules; citrus canker

 3  eradication; voluntary destruction agreements; buffer zone.--

 4         (1)  In addition to the powers and duties set forth

 5  under this chapter the department is directed to adopt rules

 6  specifying facts and circumstances that, if present, would

 7  require the destruction of plants for purposes of eradicating,

 8  controlling, or preventing the dissemination of citrus canker

 9  disease in the state.  In addition, the department is directed

10  to adopt rules regarding the conditions under which citrus

11  plants can be grown, moved, and planted in this state as may

12  be necessary for the eradication, control, or prevention of

13  the dissemination of citrus canker.  Such rules shall be in

14  effect for any period during which, in the judgment of the

15  Commissioner of Agriculture, there is the threat of the spread

16  of citrus canker disease in the state.  Such rules may provide

17  for the conduct of any activity regulated by such rules

18  subject to an agreement by persons wishing to engage in such

19  activity to voluntarily destroy, at their own expense, citrus

20  plants declared by the department to be imminently dangerous

21  by reason of being infected or infested with citrus canker or

22  exposed to infection and likely to communicate same.  The

23  terms of such agreement may also require the destruction of

24  healthy plants under specified conditions.  Any such

25  destruction shall be done after reasonable notice in a manner

26  pursuant to and under conditions set forth in the agreement.

27  Such agreements may include releases and waivers of liability

28  and may require the agreement of other persons.

29         (2)  The department, pursuant to s. 581.031(15) and

30  (17), may create a citrus canker host-free buffer area,

31  delineated by department rule, to retard the spread of citrus

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1  canker from known infected areas.  In addition, the department

 2  shall develop a compensation plan for the trees removed from

 3  the buffer area. Compensation for the trees removed from the

 4  buffer area is subject to annual legislative appropriation.

 5         Section 31.  Section 588.12, Florida Statutes, is

 6  amended to read:

 7         588.12  Livestock at large; legislative

 8  findings.--There is hereby found and declared a necessity for

 9  a statewide livestock law embracing all lands public roads of

10  the state and necessity that its application be uniform

11  throughout the state, except as hereinafter provided.

12         Section 32.  Subsection (3) of section 588.13, Florida

13  Statutes, is amended to read:

14         588.13  Definitions.--In construing ss. 588.12-588.25

15  the following words, phrases, or terms shall be held to mean:

16         (3)  Livestock "running at large" or "straying" shall

17  mean any livestock found or being on any public land, or land

18  belonging to a person other than the owner of the livestock,

19  without the landowner's permission, and posing a threat to

20  public safety public road of this state and either apparently

21  a neglected animal or not under manual control of a person.

22         Section 33.  Section 588.14, Florida Statutes, is

23  repealed.

24         Section 34.  Section 588.16, Florida Statutes, is

25  amended to read:

26         588.16  Authority to impound livestock running at large

27  or strays.--It shall be the duty of the sheriff or her or his

28  deputies or designees, or any other law enforcement officer of

29  the county, the county animal control center, or state highway

30  patrol officers, where livestock is found to be running at

31  large or straying, to take up, confine, hold, and impound any

                                  25
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1  such livestock, to be disposed of as hereinafter provided.

 2         Section 35.  Subsection (1) of section 588.17, Florida

 3  Statutes, is amended to read:

 4         588.17  Disposition of impounded livestock.--

 5         (1)  Upon the impounding of any livestock by the

 6  sheriff or his or her deputies or designees, or any other law

 7  enforcement officers of the county, the county animal control

 8  center, or state highway patrol officers, the sheriff shall

 9  forthwith serve written notice upon the owner, advising such

10  owner of the location or place where the livestock is being

11  held and impounded, of the amount due by reason of such

12  impounding, and that unless such livestock be redeemed within

13  3 days from date thereof that the same shall be offered for

14  sale.

15         Section 36.  Section 588.18, Florida Statutes, is

16  amended to read:

17         588.18  Livestock at large; fees.--The fees allowed for

18  impounding, serving notice, care and feeding, advertising, and

19  disposing of impounded animals shall be determined by the

20  sheriff of each county. Damages done by the sheriff, sheriff's

21  designees, or any other law enforcement officer in pursuit, or

22  in the capture, handling, or care of the livestock are the

23  sole responsibility of the sheriff or other law enforcement

24  agency. as follows:

25         (1)  For impounding each animal, the sum of $20 and

26  mileage incurred, at the rate of 20 cents per mile.

27         (2)  For serving any notice and making return thereon,

28  the sum of $10 and mileage incurred, at the rate of 20 cents

29  per mile.

30         (3)  For feed and care of impounded animals, the sum of

31  $5 per day per animal.

                                  26
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1         (4)  For advertising or posting notices of sale of

 2  impounded animals, the same as provided by law for advertising

 3  property for sale under process.

 4         (5)  For sale or other dispositions of impounded

 5  animals, the sum of $5.

 6         (6)  For report of sale of impounded animals, the sum

 7  of $2.50.

 8         Section 37.  Section 588.19, Florida Statutes, is

 9  amended to read:

10         588.19  Failure to secure purchaser or insufficient

11  funds to defray certain costs.--If there be no bidder for such

12  livestock at the sale aforesaid, and the sheriff has been

13  unable to locate the owner through the notice procedures

14  described in this chapter, the sheriff shall sell the

15  livestock at the nearest livestock auction yard. The proceeds

16  from the sale shall be used to reimburse the expenses incurred

17  in capturing, maintaining and selling the livestock, and in

18  attempting to locate the owner. Any money remaining after all

19  expenses are paid shall be given to the owner of the

20  livestock, if known. the sheriff shall either offer the

21  livestock for adoption or kill, or cause to be killed, the

22  same and shall dispose of the carcass thereof; if there be any

23  money received by him or her on account of the said disposal,

24  the same shall be disbursed in the manner hereinafter

25  provided; and, if there be no ready sale for said carcass, In

26  the alternative, the sheriff may shall forthwith deliver the

27  carcass to a public institution of the county, state, or

28  municipality within said county or to any private charitable

29  institution, in the order herein set forth, according to their

30  needs.

31         Section 38.  Section 501.025, Florida Statutes, is

                                  27
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1  amended to read:

 2         501.025  Home solicitation sale; buyer's right to

 3  cancel.--In addition to any other right to revoke an offer,

 4  the buyer has the right to cancel a home solicitation sale

 5  until midnight of the third business day after the day on

 6  which the buyer signs an agreement or offer to purchase.

 7  Cancellation is evidenced by the buyer giving written notice

 8  of cancellation in person, by telegram, or by mail to the

 9  seller at the address stated in the agreement or offer to

10  purchase.  The written notice of cancellation given by mail

11  shall be effective upon postmarking. The notice of

12  cancellation need not take a particular form and is sufficient

13  if it indicates by any form of written expression the

14  intention of the buyer not to be bound by the home

15  solicitation sale.  Notice of a buyer's right to cancel must

16  appear on every note or other evidence of indebtedness given

17  pursuant to any home solicitation sale. For the purposes of

18  this section, unless a mortgage also creates the buyer's

19  promise to pay the secured debt, it is not an evidence of

20  indebtedness.

21         Section 39.  Paragraph (a) of subsection (4) of section

22  253.7825, Florida Statutes, is amended to read:

23         253.7825  Recreational uses.--

24         (4)(a)  A horse park-agricultural center may be

25  constructed by or on behalf of the Florida Department of

26  Agriculture and Consumer Services on not more than 500 250

27  acres of former canal lands which meet the criteria for

28  surplus lands and which lie outside the greenways boundary.

29         Section 40.  This act shall take effect July 1, 1999.

30

31

                                  28
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         Delete everything before the enacting clause,

 4

 5  and insert:

 6                      A bill to be entitled

 7         An act relating to the Department of

 8         Agriculture and Consumer Services; amending s.

 9         501.913, F.S., relating to the registration of

10         brands of antifreeze distributed in the state;

11         providing that the registrant assumes

12         responsibility for the product's quality;

13         amending s. 501.916, F.S.; revising

14         requirements for labeling antifreeze; amending

15         s. 501.919, F.S.; providing for notice to be

16         given to the violator of ss. 501.91-501.923,

17         F.S.; amending s. 501.922, F.S.; authorizing

18         the department to impose additional penalties;

19         repealing s. 531.54, F.S., relating to salaries

20         and expenses of enforcing ch. 531, F.S., the

21         Weights and Measures Act of 1971; amending s.

22         570.191, F.S., relating to the Agricultural

23         Emergency Eradication Trust Fund; providing for

24         funds to be used for other agricultural

25         interests; repealing s. 570.46(5), F.S.,

26         relating to duties of the Division of Standards

27         with respect to verifying certain testing

28         samples; amending s. 570.48, F.S.; authorizing

29         the Division of Fruit and Vegetables to certify

30         and supervise certain inspectors; repealing s.

31         570.952(5), F.S., relating to the Florida

                                  29
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1         Agriculture Center and Horse Park Authority;

 2         amending s. 571.24, F.S., relating to the

 3         Florida Agricultural Promotional Campaign;

 4         providing for measures to ensure only Florida

 5         agricultural products are marketed under logos

 6         of the promotional campaign; amending s.

 7         571.27, F.S., relating to rules for entering

 8         into contracts for services directly related to

 9         the Florida Agricultural Promotional Campaign;

10         authorizing the department to determine by rule

11         the logos to be depicted for use in advertising

12         agricultural products marketed under the

13         promotional campaign; amending s. 571.29, F.S.,

14         relating to the Florida Agricultural

15         Promotional Campaign; relating to unlawful acts

16         pertaining to the promotional campaign;

17         creating s. 571.30, F.S.; providing for

18         injunction remedies to the department for

19         violations of provisions of the Florida

20         Agricultural Promotional Campaign; amending s.

21         588.011, F.S.; revising legal fence

22         requirements; amending s. 589.081, F.S.;

23         revising requirements for payments to counties

24         within the Withlacoochee State Forest and

25         Goethe State Forest by the Division of

26         Forestry; amending s. 593.1141, F.S.;

27         conforming a reference to the Farm Service

28         Agency for purposes of certain agreements of

29         the department; amending s. 616.05, F.S.;

30         providing requirements for fair associations in

31         publishing proposed amendments to a charter;

                                  30
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1         amending s. 616.07, F.S.; providing that

 2         property held in trust by a fair association is

 3         exempt from special assessments; amending s.

 4         616.08, F.S.; clarifying provisions authorizing

 5         a fair association to sell, mortgage, or lease

 6         property; amending s. 616.13, F.S.; revising

 7         certain restrictions on temporary amusement

 8         rides with respect to location of operation;

 9         deleting a license tax imposed on such rides;

10         amending s. 616.15, F.S.; providing additional

11         requirements for obtaining a permit to conduct

12         a public fair or exposition; requiring that the

13         department give preference to established fair

14         associations in issuing permits; amending s.

15         616.242, F.S., relating to safety standards for

16         amusement rides; revising requirements for the

17         application for a permit to operate a ride;

18         revising requirements for the department in

19         setting permit fees; requiring that certain

20         notices be posted at entrances to amusement

21         rides; prohibiting bungy catapulting or reverse

22         bungy jumping; amending s. 616.260, F.S.;

23         providing that the Florida State Fair Authority

24         is exempt from special assessments; providing

25         that certain special assessments are not due

26         from a fair association or state fair; amending

27         s. 823.14, F.S.; clarifying the definition of

28         the term "farm product" for purposes of the

29         Florida Right to Farm Act; amending s. 828.12,

30         F.S.; revising provisions relating to cruelty

31         to animals; creating the Pest Exclusion

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1855, 1st Eng.

    Amendment No.    





 1         Advisory Committee within the department;

 2         providing for membership; providing for

 3         governance of the committee; requiring that the

 4         committee conduct certain evaluations and

 5         studies; requiring a report to the Governor,

 6         the Legislature, and the Commissioner of

 7         Agriculture; amending s. 828.125, F.S.;

 8         revising provisions relating to the killing or

 9         aggravated abuse of registered breed horses or

10         cattle; amending s. 212.08, F.S.; providing a

11         sales tax exemption for racing greyhound feed;

12         amending s. 581.184, F.S.; establishing a

13         citrus canker-free buffer zone; amending s.

14         588.12, F.S.; revising legislative findings of

15         livestock at large; revising definitions;

16         repealing s. 588.14, F.S.; relating to duty of

17         owners; amending s. 588.16, F.S.; amending

18         authority to impound livestock running at

19         large; amending s. 588.17, F.S.; revising

20         disposition of impounded livestock; amending s.

21         588.18, F.S.; revising fees for livestock at

22         large; amending s. 588.19, F.S.; revising

23         procedures for defraying costs incurred in

24         impoundment; amending s. 501.025, F.S.;

25         clarifying provisions relating to home

26         solicitation sale and buyer's right to cancel;

27         amending s. 253.7825, F.S.; providing acreage

28         requirements for a horse park-agricultural

29         center; providing an effective date.

30

31

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