House Bill 1855
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Florida House of Representatives - 1999 HB 1855
By the Committee on Agriculture and Representatives
Putnam, Constantine, Bronson, J. Miller, Stansel, Patterson,
Spratt, Bainter and Harrington
1 A bill to be entitled
2 An act relating to agriculture and consumer
3 services; amending s. 501.913, F.S.; revising
4 provisions relating to identity of registrant
5 of antifreeze; providing liability; amending s.
6 501.916, F.S., relating to mislabeling of
7 antifreeze; revising required labeling to be
8 included on antifreeze; amending s. 501.919,
9 F.S.; revising provisions relating to
10 enforcement and stop-sale orders; amending s.
11 501.922, F.S., relating to violation of the
12 antifreeze act; revising penalties and
13 suspension of registration; repealing s.
14 531.54, F.S., relating to salaries and expenses
15 of enforcement; amending s. 570.191, F.S.,
16 relating to the Agricultural Emergency
17 Eradication Trust Fund; clarifying the
18 definition of "agricultural emergency";
19 amending s. 570.46, F.S.; revising the powers
20 and duties of the Division of Standards;
21 deleting a reference to testing of samples;
22 amending s. 570.48, F.S., relating to duties of
23 the Division of Fruit and Vegetables; providing
24 for the appointment, certification, licensure,
25 and supervision of certain inspectors; amending
26 s. 570.952, F.S., relating to the Florida
27 Agriculture Center and Horse Park Authority;
28 deleting requirements relating to a quorum and
29 official actions; amending s. 588.011, F.S.;
30 revising legal fence requirements; amending s.
31 593.1141, F.S.; revising references to the
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1 Agricultural Stabilization and Conservation
2 Service; creating s. 570.235, F.S.; creating
3 the Pest Exclusion Advisory Committee within
4 the Department of Agriculture and Consumer
5 Services; establishing membership of the
6 advisory committee; providing duties of the
7 advisory committee; requiring a report;
8 amending s. 589.081, F.S.; clarifying language
9 regarding distribution to counties of gross
10 receipts funds from Withlacoochee and Goethe
11 State Forests; amending s. 616.05, F.S.;
12 clarifying requirements regarding the
13 publication of notice to amend the charter of a
14 fair association; amending s. 616.07, F.S.;
15 revising the tax exempt status of fair
16 associations to include exemption from special
17 assessments; amending s. 616.08, F.S.;
18 clarifying provisions regarding the authority
19 of a fair association to sell, mortgage, lease,
20 or convey property; amending s. 616.13, F.S.;
21 revising restrictions regarding the operation
22 of temporary amusement rides; amending s.
23 616.15, F.S.; requiring certain notice to be
24 sent upon application for a permit to conduct a
25 public fair or exposition; requiring the
26 department to consider proximity of fairs and
27 expositions when issuing permits; authorizing
28 the denial or withdrawal of permits based on
29 competition; amending s. 616.242, F.S.,
30 relating to safety standards for amusement
31 rides; revising documentation provided to the
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1 department for an annual permit; revising the
2 rulemaking authority of the department;
3 revising fees and inspection standards;
4 prohibiting bungy catapulting or reverse bungy
5 jumping; amending s. 616.260, F.S.; revising
6 the tax exempt status of the Florida State Fair
7 Authority to include exemption from special
8 assessments; amending s. 823.14, F.S.;
9 clarifying a definition pertaining to the
10 Florida Right to Farm Act; amending s. 828.125,
11 F.S., relating to killing or aggravated abuse
12 of registered breed horses or cattle; revising
13 provisions relating to prohibited acts;
14 providing that certain special assessments
15 shall not be due from a fair association or
16 state fair; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Subsection (1) of section 501.913, Florida
21 Statutes, is amended to read:
22 501.913 Registration.--
23 (1) Each brand of antifreeze to be distributed in this
24 state shall be registered with the department prior to
25 distribution. The person whose name appears on the label, the
26 manufacturer, or the packager shall make application to the
27 department on forms provided by the department no later than
28 July 1 of each year. The registrant assumes, by application to
29 register the brand, full responsibility for the quality and
30 quantity of the product sold, offered, or exposed for sale in
31 this state.
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1 Section 2. Subsection (1) of section 501.916, Florida
2 Statutes, is amended to read:
3 501.916 Mislabeling of antifreeze.--Antifreeze shall
4 be deemed to be mislabeled:
5 (1) If it does not bear a label which specifies:
6 (a) The brand of the product.
7 (b)(a) The identity of the product.
8 (c)(b) The name and address of the manufacturer,
9 packager, or distributor, or registrant.
10 (d)(c) The net quantity of contents (in terms of
11 liquid measure) separately and accurately in a uniform
12 location upon the principal display panel.
13 (e)(d) A statement warning of any hazard of
14 substantial injury to human beings which may result from the
15 intended use or reasonably foreseeable misuse of the
16 antifreeze.
17 (f)(e) The primary chemical component functioning as
18 the antifreeze agent.
19 (g)(f) The appropriate amount, percentage, proportion,
20 or concentration of the antifreeze to be used to provide
21 claimed protection from freezing at a specified degree or
22 degrees of temperature, claimed protection from corrosion, or
23 claimed increase of boiling point or protection from
24 overheating.
25 Section 3. Subsection (3) of section 501.919, Florida
26 Statutes, is amended to read:
27 501.919 Enforcement; stop-sale order.--
28 (3) Nothing in this act shall be construed to require
29 the department to report for prosecution or for institution of
30 libel proceedings any minor violations of the act whenever it
31 believes that the public interest will be best served by a
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1 suitable notice of warning in writing to the violator
2 registrant or the person whose name and address appears on the
3 label.
4 Section 4. Section 501.922, Florida Statutes, is
5 amended to read:
6 501.922 Violation.--
7 (1) The department may enter an order imposing one or
8 more of the following penalties against any person who
9 violates any provision of ss. 501.91-501.923 or impedes,
10 obstructs, or hinders the department in performance of its
11 duties in connection with the provisions of these sections.
12 (a) Imposition of an administrative fine of not more
13 than $1,000 per violation for the first time offender. For a
14 second or repeat offender, or any person who willfully and
15 intentionally violates any provisions of this section, the
16 administrative fine shall not exceed $5,000 per violation.
17 (b) Revocation or suspension of any registration
18 issued by the department. Any suspension shall not exceed one
19 year.
20 (2) If a registrant in violation of ss. 501.91-501.923
21 fails to pay a fine within 30 days, then all registrations
22 issued by the department to the registrant may be suspended
23 until such time as the fine is paid. The registration with the
24 department of any person who violates this act or fails to
25 comply with any of the provisions of this act may be subject
26 to suspension or revocation. Any suspension shall not exceed
27 1 year. In addition to any suspension or revocation, for each
28 violation, the department may levy a fine which shall not
29 exceed $5,000 per violation. If the person in violation of
30 ss. 501.91-501.923 fails to pay the fine within 30 days, then
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1 his or her registration may be suspended until such time as
2 the fine is paid.
3 (3) All fines collected by the department shall be
4 deposited in the General Inspection Trust Fund.
5 Section 5. Section 531.54, Florida Statutes, is hereby
6 repealed.
7 Section 6. Section 570.191, Florida Statutes, 1998
8 Supplement, is amended to read:
9 570.191 Agricultural Emergency Eradication Trust
10 Fund.--There is created in the office of the commissioner the
11 Agricultural Emergency Eradication Trust Fund. Funds in the
12 trust fund may be made available upon certification by the
13 commissioner that an agricultural emergency exists and that
14 funds specifically appropriated for the emergency's purpose
15 are exhausted or insufficient to eliminate the agricultural
16 emergency. The term "agricultural emergency" means an animal
17 or plant disease, insect infestation, or plant or pest
18 endangering or threatening the horticultural, aquacultural, or
19 other and agricultural interests in this state.
20 Section 7. Subsection (5) of section 570.46, Florida
21 Statutes, 1998 Supplement, is amended to read:
22 570.46 Division of Standards; powers and duties.--The
23 duties of the Division of Standards include, but are not
24 limited to:
25 (5) Testing samples, including those submitted by the
26 Department of Management Services and the Department of
27 Education, to establish and verify conformity with state
28 specifications.
29 Section 8. Subsection (7) is added to section 570.48,
30 Florida Statutes, to read:
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1 570.48 Division of Fruit and Vegetables; powers and
2 duties; records.--The duties of the Division of Fruit and
3 Vegetables include, but are not limited to:
4 (7) Appointing, certifying, licensing, and supervising
5 inspectors whose duties shall be to inspect fruit and
6 vegetables regulated by state law where no federal law
7 requires such inspectors to be licensed or certified by the
8 federal government, other provisions of the law
9 notwithstanding.
10 Section 9. Subsections (5) and (6) of section 570.952,
11 Florida Statutes, 1998 Supplement, are amended to read:
12 570.952 Florida Agriculture Center and Horse Park
13 Authority.--
14 (5) A majority of the members shall constitute a
15 quorum, and action by a majority of a quorum shall be
16 official.
17 (5)(6) Beginning January 1, 1995, The commissioner
18 shall submit information annually to the Speaker of the House
19 of Representatives and the President of the Senate reporting
20 the activities of the Florida Agriculture Center and Horse
21 Park Authority and the progress of the Florida Agriculture
22 Center and Horse Park, including, but not limited to,
23 pertinent planning, budgeting, and operational information
24 concerning the authority.
25 Section 10. Section 570.235, Florida Statutes, is
26 created to read:
27 570.235 Pest Exclusion Advisory Committee.--
28 (1) There is created within the department a Pest
29 Exclusion Advisory Committee. The advisory committee shall be
30 composed of 24 members.
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1 (a) The Commissioner of Agriculture shall appoint 17
2 members representing the following:
3 1. Two members from the Florida Department of
4 Agriculture and Consumer Services.
5 2. Two citizens at large.
6 3. One member from each of the following agricultural
7 production groups:
8 a. Row crops.
9 b. Citrus.
10 c. Horticulture.
11 d. Forestry.
12 e. Cattle.
13 f. Dairy.
14 g. Pork.
15 h. Poultry.
16 i. Horses.
17 j. Aquaculture.
18 k. Apiary.
19 4. One member representing research programs in the
20 state's land grant institutions.
21 5. One member representing extension programs in the
22 state's land grant institutions.
23 (b) In addition, the committee shall be composed of
24 the following 7 members:
25 1. Two members representing and appointed by the
26 Animal and Plant Health Inspection Service, United States
27 Department of Agriculture.
28 2. One member representing and appointed by the
29 Florida Department of Health.
30 3. One member representing and appointed by the
31 Florida Department of Environmental Protection.
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1 4. One member representing and appointed by the
2 Florida Game and Fresh Water Fish Commission.
3 5. One member appointed by the Speaker of the House of
4 Representatives.
5 6. One member appointed by the President of the
6 Senate.
7 (2) The advisory committee shall be governed by the
8 provisions of s. 570.0705 and shall have the responsibility of
9 reviewing and evaluating the state's existing and future
10 exclusion, detection, and eradication programs. The
11 Commissioner of Agriculture shall appoint the chair of the
12 committee. In evaluating the programs, the advisory committee
13 shall:
14 (a) Require the scientific community to provide
15 necessary scientific background on Florida's programs. Using
16 such information, the committee shall evaluate the scientific
17 basis for the programs.
18 (b) Review current Florida laws and regulations and
19 recommend changes.
20 (c) Identify exotic plants and pests in foreign
21 countries that pose a significant threat to consumer safety
22 and have a high likelihood of being introduced into the state.
23 (d) Identify high-risk areas for pest introduction and
24 offer recommendations for specific programmatic activities to
25 address such risk.
26 (e) Study the possibility of partnerships with other
27 public and private entities to develop programs, projects, and
28 activities which may be cost effective and which may assist in
29 implementing a pest exclusion program.
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1 (f) Address any area of concern that is raised
2 regarding the state's pest exclusion, detection, and
3 eradication program.
4 (g) Make recommendations to the Commissioner of
5 Agriculture, the Governor, the Speaker of the House of
6 Representatives, and the President of the Senate for needs and
7 changes in these programs, including funding requirements and
8 needs.
9 (3) The committee shall issue a report of its findings
10 to the Commissioner of Agriculture, the Governor, the Speaker
11 of the House of Representatives, and the President of the
12 Senate by January 1, 2001.
13 Section 11. Subsection (1) of section 588.011, Florida
14 Statutes, is amended to read:
15 588.011 Legal fence; requirements.--
16 (1) Any fence or enclosure at least 3 feet in height
17 made of barbed or other soft wire consisting of not less than
18 three strands of wire stretched securely on posts, trees, or
19 other supports, standing not more than 20 feet apart; or when
20 using battens, up to 60 feet apart for non-electric and 150
21 feet apart for electric if constructed with high tensile wire
22 in accordance with the manufacturer's specifications, shall be
23 considered as a legal fence.
24 Section 12. Section 589.081, Florida Statutes, is
25 amended to read:
26 589.081 Withlacoochee State Forest and Goethe State
27 Forest; payment to counties of portion of gross receipts.--The
28 Division of Forestry shall pay 15 percent of the gross
29 receipts from Withlacoochee State Forest and the Goethe State
30 Forest to each county in which a portion of such forests is
31 located, Hernando, Citrus, Sumter, Levy, and Pasco Counties in
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1 proportion to the forest acreage located in each county. The
2 funds must be equally divided between the board of county
3 commissioners and the school board of each county.
4 Section 13. Section 593.1141, Florida Statutes, is
5 amended to read:
6 593.1141 Authority to enter agreements with the Farm
7 Service Agency Agricultural Stabilization and Conservation
8 Service.--The department is authorized to enter into
9 agreements with the Farm Service Agency, "FSA," Agricultural
10 Stabilization and Conservation Service, "ASCS," for the
11 purpose of allowing a cotton grower to tender payment of
12 assessments, including penalties, to the FSA ASCS.
13 Section 14. Section 616.05, Florida Statutes, is
14 amended to read:
15 616.05 Amendment of charter.--Any fair association
16 desiring to propose an amendment of its charter may do so by
17 resolution as provided in its bylaws. The proposed amendment
18 shall be submitted to the department for approval. When
19 approved, the proposed amendment, upon publication of notice
20 in the same manner as provided in s. 616.03, placement on file
21 in the office of the clerk of the circuit court and in the
22 office of the department, the rendering of a decree of the
23 circuit judge approving and allowing the amendment, and being
24 recorded in the clerk's office, shall be incorporated into the
25 original charter.
26 Section 15. Subsection (1) of section 616.07, Florida
27 Statutes, is amended to read:
28 616.07 Members not personally liable; property of
29 association held in trust; exempt from taxation.--
30 (1) No member, officer, director, or trustee of a fair
31 association shall be personally liable for any of the debts of
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1 the association; and no money or property of a fair
2 association shall be distributed as profits or dividends among
3 its members, officers, directors, or trustees, but all money
4 and property of the association shall, except for the payment
5 of its just debts and liabilities, be and remain perpetually
6 public property, administered by the association as trustee,
7 to be used exclusively for the legitimate purpose of the
8 association, and shall be, so long as so used, exempt from all
9 forms of taxation, including special assessments.
10 Section 16. Section 616.08, Florida Statutes, is
11 amended to read:
12 616.08 Additional powers of association.--Every fair
13 association shall have the power to hold, conduct, and operate
14 public fairs and expositions annually and for such purpose to
15 buy, lease, acquire, and occupy lands, erect buildings and
16 improvements of all kinds thereon, and develop those lands,
17 buildings, and improvements; to sell, mortgage, lease, or
18 convey any such property or any part thereof, in its
19 discretion, from time to time for public fair or exposition
20 purposes; to charge and receive compensation for admission to
21 those fairs and expositions, for the sale or renting of space
22 for exhibitions, and for other privileges; to conduct and hold
23 public meetings; to supervise and conduct lectures and all
24 kinds of demonstration work in connection with or for the
25 improvement of agriculture, horticulture, stockraising and
26 poultry raising, and all kinds of farming and matters
27 connected therewith; to hold exhibits of agricultural and
28 horticultural products and livestock, chickens, and other
29 domestic animals; to give certificates or diplomas of
30 excellence; to promote the progress of the geographical area
31 it represents and serves and stimulate public interest in the
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1 advantages and development of that area by providing
2 facilities for agricultural and industrial exhibitions, public
3 gatherings, cultural activities, and other functions which the
4 association determines will enhance the educational, physical,
5 economic, and cultural interests of the public; and generally
6 to do, perform, and carry out all matters, acts, and business
7 usual or proper in connection with public fairs and
8 expositions; but this enumeration of particular powers shall
9 not be in derogation of or limit any special provisions of the
10 charter of the association inserted for the regulation of its
11 business, and the conduct of its affairs of creating,
12 defining, limiting, and regulating the powers of the
13 association or its officers or members; provided, the
14 treasurer or similar officer of the association shall be
15 required to give a good and sufficient bond with a surety
16 company duly authorized under the laws of the state, payable
17 to the association and in an amount equal to the value of the
18 total amount of money and other property in that officer's
19 possession or custody, in addition to the value of any money
20 and property of the association that may reasonably be
21 expected to come into that officer's possession or custody.
22 Section 17. Section 616.13, Florida Statutes, 1998
23 Supplement, is amended to read:
24 616.13 Restrictions on other amusement rides Licenses
25 upon shows within 5 miles of fair.--No Every person shall
26 engage engaged in the business of providing temporary
27 amusement rides as defined in s. 616.242, within a 20-mile
28 radius 5 miles of and within 30 days before or during any
29 public fair or exposition being operated by a fair
30 association, when not operating in connection with that fair
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1 or exposition, except with the written consent of the affected
2 fair association shall pay a license tax of $1,000 per day.
3 Section 18. Subsections (1) and (3) of section 616.15,
4 Florida Statutes, are amended to read:
5 616.15 Permit from Department of Agriculture and
6 Consumer Services required.--
7 (1) No public fair or exposition may be conducted by a
8 fair association without a permit issued by the department.
9 The permit shall be issued in the following manner: The
10 association shall present to the department an application for
11 the permit, signed by an officer of the association, at least
12 3 months before holding the fair or exposition; this
13 application shall be accompanied by a fee in an amount to be
14 determined by the department not to exceed $366 or be less
15 than $183 for processing the application and making any
16 required investigation. The fees collected under this
17 subsection shall be deposited in the General Inspection Trust
18 Fund of the State Treasury in a special account to be known as
19 the "Agricultural and Livestock Fair Account." At the same
20 time the application is sent to the department, a copy of the
21 application shall be sent to each fair association located
22 within 50 miles of the site of the proposed fair or
23 exposition. The department may issue the permit with the
24 advice and counsel of the Agricultural and Livestock Fair
25 Council, provided the application sets forth:
26 (a) The opening and closing dates of the proposed fair
27 or exposition.
28 (b) The name and address of the owner of the central
29 amusement attraction to operate during the fair or exposition.
30 (c) An affidavit properly executed by the president or
31 other chief executive officer of the applicant association
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1 certifying the existence of a binding contract entered into by
2 the association or exposition and the owner of the central
3 amusement attraction covering the period for which the permit
4 from the department is applied. The contract or contracts
5 between the parties shall be available for inspection by duly
6 authorized agents of the department in administering this
7 chapter.
8 (d) A statement that the main purpose of the
9 association is to conduct and operate the proposed fair or
10 exposition for the benefit and development of the educational,
11 agricultural, horticultural, livestock, charitable,
12 historical, civic, cultural, scientific, and other resources
13 of the geographical area the fair or exposition represents and
14 serves. The statement shall be in writing, shall be
15 subscribed, and shall be acknowledged by an officer of the
16 association before an officer authorized to take
17 acknowledgments.
18 (e) A premium list of the current fair or exposition
19 to be conducted or a copy of the previous year's premium list
20 showing all premiums and awards to be offered to exhibitors in
21 various departments of the fair, such as art exhibition, beef
22 cattle, county exhibits, dairy cattle, horticulture, swine,
23 women's department, 4-H Club activities, Future Farmers of
24 America activities, Future Homemakers of America activities,
25 poultry and egg exhibits, and community exhibits, the
26 foregoing being a list of the usual exhibitors of a fair and
27 not to be construed as limiting the premium list to these
28 departments. The list may be submitted separately at any time
29 not later than 60 days before the holding of the fair or
30 exposition, and the department shall issue the permit as
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1 provided in this section within 10 days thereafter if the
2 applicant is properly qualified.
3 (f) Proof of liability insurance insuring the
4 association against liability for injury to persons, in an
5 amount of not less than $300,000 per occurrence.
6 (g) A copy of the most recent review.
7 (h) A list of all current members of the board of
8 directors of the association and their home addresses.
9 (3) Notwithstanding any fair association meeting the
10 requirements set forth in subsection (1), the department may
11 order a full investigation to determine whether or not the
12 fair association meets in full the requirements of s. 616.01
13 and accordingly may withhold a permit from, deny a permit to,
14 or withdraw a permit once issued to the association. The
15 department shall also consider whether any proposed fair or
16 exposition, as set forth in an application for permit, will
17 compete with another public fair or exposition within 50
18 miles, in name, dates of operation, or market. The department
19 may deny, withhold, or withdraw a permit from a fair
20 association upon determination that a proposed fair or
21 exposition competes with another fair or exposition.
22 Preference in permitting shall be given to existing fairs or
23 expositions with established dates, locations, and names. The
24 determination by the department shall be final.
25 Section 19. Paragraph (b) of subsection (5), paragraph
26 (a) of subsection (8), and paragraph (a) of subsection (10) of
27 section 616.242, Florida Statutes, 1998 Supplement, are
28 amended, paragraph (i) is redesignated as paragraph (j), a new
29 paragraph (i) is added to subsection (11), and paragraph (e)
30 is added to subsection (17) of said section, to read:
31 616.242 Safety standards for amusement rides.--
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1 (5) ANNUAL PERMIT.--
2 (b) To apply for an annual permit an owner must submit
3 to the department a written application on a form prescribed
4 by rule of the department, which must include the following:
5 1. The legal name, address, and primary place of
6 business of the owner.
7 2. A description, manufacturer's name, serial number,
8 model number and, if previously assigned, the United States
9 Amusement Identification Number of the amusement ride.
10 3. A valid certificate of insurance or bond for each
11 amusement ride.
12 4. An affidavit of compliance that the amusement ride
13 was inspected in person by the affiant and that the amusement
14 ride is in general conformance with the requirements of this
15 section and all applicable rules adopted by the department.
16 The affidavit must be executed by a professional engineer or a
17 qualified inspector no earlier than 60 days before, but not
18 later than, the date of the filing of the application with the
19 department. The owner shall request inspection and permitting
20 of the amusement ride within 30 days of the date of filing the
21 application with the department. The department shall inspect
22 and permit the amusement ride within 90 days of the date the
23 affidavit was executed.
24 5. If required by subsection (6), an affidavit of
25 nondestructive testing dated and executed no earlier than 60
26 days prior to, but not later than, the date of the filing of
27 the application with the department. The owner shall request
28 inspection and permitting of the amusement ride within 30 days
29 of the date of filing the application with the department. The
30 department shall inspect and permit the amusement ride within
31 90 days of the date the affidavit was executed.
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1 6. A request for inspection.
2 7. Upon request, the owner shall provide the
3 department a copy of the manufacturer's current recommended
4 operating instructions in the possession of the owner, the
5 owner's operating fact sheet, and any written bulletins in the
6 possession of the owner concerning the safety, operation, or
7 maintenance of the amusement ride.
8 (8) FEES.--
9 (a) The department may shall by rule establish fees to
10 cover the 100 percent of all costs and expenditures associated
11 with the Bureau of Fair Rides Inspection, including all direct
12 costs, and all indirect costs, and all division, data center,
13 and administrative overhead. The fees must be deposited in the
14 General Inspection Trust Fund.
15 (10) EXEMPTIONS.--
16 (a) This section does not apply to:
17 1. Permanent facilities that employ at least 1,000
18 full-time employees and that maintain full-time, in-house
19 safety inspectors. Furthermore, the permanent facilities must
20 file an affidavit of the annual inspection with the
21 department, on a form prescribed by rule of the department
22 required by paragraph (5)(b). Additionally, the Department of
23 Agriculture and Consumer Services may consult annually with
24 the permanent facilities regarding industry safety programs.
25 2. Any playground operated by a school, local
26 government, or business licensed under chapter 509, if the
27 playground is an incidental amenity and the operating entity
28 is not primarily engaged in providing amusement, pleasure,
29 thrills, or excitement.
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1 3. Museums or other institutions principally devoted
2 to the exhibition of products of agriculture, industry,
3 education, science, religion, or the arts.
4 4. Conventions or trade shows for the sale or exhibit
5 of amusement rides if there are a minimum of 15 amusement
6 rides on display or exhibition, and if any operation of such
7 amusement rides is limited to the registered attendees of the
8 convention or trade show.
9 5. Skating rinks, arcades, lazer or paint ball war
10 games, bowling alleys, miniature golf courses, mechanical
11 bulls, inflatable rides, trampolines, ball crawls, exercise
12 equipment, jet skis, paddle boats, air boats, helicopters,
13 airplanes, parasails, hot air or helium balloons whether
14 tethered or untethered, theatres, batting cages, stationary
15 spring-mounted fixtures, rider-propelled merry-go-rounds,
16 games, side shows, live animal rides, or live animal shows.
17 6. Go-karts operated in competitive sporting events if
18 participation is not open to the public.
19 7. Nonmotorized playground equipment that is not
20 required to have a manager.
21 8. Coin-actuated amusement rides designed to be
22 operated by depositing coins, tokens, credit cards, debit
23 cards, bills, or other cash money and which are not required
24 to have a manager, and which have a capacity of six persons or
25 less.
26 9. Facilities described in s. 549.09(1)(a) when such
27 facilities are operating cars, trucks, or motorcycles only.
28 (11) INSPECTION STANDARDS.--An amusement ride must
29 conform to and must be inspected by the department in
30 accordance with the following standards:
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1 (i) Signs that advise or warn patrons of age
2 restrictions, size restrictions, health restrictions, weight
3 limitations, or any other special consideration or use
4 restrictions required or recommended for the amusement ride by
5 the manufacturer shall be prominently displayed at the patron
6 entrance of each amusement ride.
7 (17) PROHIBITIONS RELATED TO BUNGY OPERATIONS.--The
8 following bungy operations are prohibited:
9 (e) The practice of bungy catapulting or reverse bungy
10 jumping.
11 Section 20. Section 616.260, Florida Statutes, is
12 amended to read:
13 616.260 Tax exemption of authority.--It is hereby
14 found and determined that all of the projects authorized by
15 this part constitute essential governmental purposes, and all
16 of the properties, revenues, moneys, and other assets owned
17 and used in the operation of those projects shall be exempt
18 from all taxation, including special assessments, by the state
19 or by any county, municipality, political subdivision, agency,
20 or instrumentality thereof. However, nothing in this section
21 shall grant any person other than the authority an exemption
22 from the tax imposed in chapter 220, and if property of the
23 authority is leased, the property shall be exempt from ad
24 valorem taxation only if the use by the lessee qualifies the
25 property for exemption under s. 196.199. The exemption
26 granted by this section shall not be applicable to any tax
27 imposed by chapter 220 on interest, income, or profits on debt
28 obligations owned by corporations. The property of the
29 authority shall be subject to the provisions of s. 196.199.
30 Section 21. Paragraph (c) of subsection (3) of section
31 823.14, Florida Statutes, is amended to read:
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1 823.14 Florida Right to Farm Act.--
2 (3) DEFINITIONS.--As used in this section:
3 (c) "Farm product" means any plant, as defined by s.
4 581.011, or animal useful to humans and includes, but is not
5 limited to, any product derived therefrom.
6 Section 22. Subsection (5) of section 828.125, Florida
7 Statutes, is amended to read:
8 828.125 Killing or aggravated abuse of registered
9 breed horses or cattle; offenses; penalties.--Any other
10 provisions of this chapter to the contrary notwithstanding:
11 (5) This section shall not be construed to abridge,
12 impede, prohibit, or otherwise interfere in any way with the
13 application, implementation, or conduct of recognized
14 livestock husbandry practices or techniques by or at the
15 direction of the owner of the livestock so husbanded; nor
16 shall any person be held culpable for any act prohibited by
17 this chapter which results from weather conditions or other
18 acts of God, provided that the person is in compliance with
19 recognized livestock husbandry practices.
20 Section 23. A special assessment imposed upon a fair
21 association or state fair by the state or by any county,
22 municipality, political subdivision, agency, or
23 instrumentality thereof before the effective date of this act,
24 which has not been paid as of the effective date of this act,
25 shall not be due from the fair association or state fair.
26 Section 24. This act shall take effect July 1, 1999.
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2 HOUSE SUMMARY
3
Revises provisions relating to identity of registrant of
4 antifreeze and provides for liability. Revises required
labeling to be included on antifreeze. Revises provisions
5 relating to enforcement and stop-sale orders. Revises
penalties and suspension of registration for violation of
6 the antifreeze act. Repeals provisions relating to
salaries and expenses of enforcement. Amends provisions
7 relating to the Agricultural Emergency Eradication Trust
Fund to clarify the definition of "agricultural
8 emergency." Revises the powers and duties of the Division
of Standards to delete a reference to testing of samples.
9 Amends provisions relating to duties of the Division of
Fruit and Vegetables to provide for the appointment,
10 certification, licensure, and supervision of certain
inspectors. Deletes requirements relating to a quorum and
11 official actions of the Florida Agriculture Center and
Horse Park Authority. Revises legal fence requirements.
12 Revises references to the Agricultural Stabilization and
Conservation Service. Creates the Pest Exclusion Advisory
13 Committee within the Department of Agriculture and
Consumer Affairs. Establishes membership and duties.
14 Requires a report. Clarifies language regarding
distribution to counties of gross receipts funds from
15 Withlacoochee and Goethe State Forests. Clarifies
requirements regarding publication of notice to amend the
16 charter of a fair association. Revises the tax exempt
status of fair associations to include exceptions from
17 special assessments. Clarifies provisions regarding the
authority of a fair authority to sell, mortgage, lease,
18 or convey property. Revises restrictions regarding the
operation of temporary amusement rides. Requires certain
19 notice to be sent upon application to conduct a public
fair or exposition. Requires the department to consider
20 the proximity of fairs and exhibitions when issuing
permits. Authorizes the denial or withdrawal of permits
21 based on competition. Amends provisions relating to
safety standards for amusement rides. Revises
22 documentation required to be provided to the department
for an annual permit. Revises the rulemaking authority of
23 the department. Revises fees and inspection standards.
Prohibits bungy catapulting or reverse bungy jumping.
24 Revises the tax exempt status of the Florida State Fair
Authority to include exemption from special assessments.
25 Clarifies a definition pertaining to the Florida Right to
Farm Act. Revises provisions relating to prohibited acts
26 regarding killing or aggravated abuse of registered breed
horses or cattle. Provides that certain special
27 assessments shall not be due from a fair association or
state fair.
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