House Bill 1855c1

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    Florida House of Representatives - 1999             CS/HB 1855

        By the Committees on General Government Appropriations,
    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         creating ss. 570.251-570.275, F.S.; creating

20         the "Florida Agricultural Development Act";

21         providing legislative findings; providing

22         definitions; establishing the Florida

23         Agricultural Development Authority; providing

24         powers and duties; providing for membership of

25         a board; providing for terms of board members;

26         providing for organization of the board;

27         providing general powers of the authority;

28         providing for an executive director and

29         specifying duties; requiring an annual report;

30         providing for the use of surplus moneys by the

31         authority; providing for combination of state

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  1         and federal programs to facilitate the purposes

  2         of the authority; establishing a beginning

  3         farmer loan program; providing purposes of the

  4         loan program; authorizing the authority to

  5         participate in federal programs; requiring the

  6         authority to provide for loan criteria by rule;

  7         authorizing the authority to provide loan

  8         requirements; authorizing the authority to make

  9         loans to beginning farmers for agricultural

10         land and improvements and depreciable

11         agricultural property; authorizing the

12         authority to make loans to mortgage lenders and

13         other lenders; authorizing the authority to

14         purchase mortgage loans and secured loans from

15         mortgage lenders; providing powers of the

16         authority relating to loans; providing for the

17         issuance of bonds and notes by the authority;

18         authorizing the authority to establish bond

19         reserve funds; providing remedies of

20         bondholders and holders of notes; providing for

21         the pledging of bonds by the state; providing

22         that bonds and notes shall be considered legal

23         investments; providing requirements with

24         respect to funds of the authority; authorizing

25         examination of accounts by the Auditor General;

26         requiring a report; providing limitation of

27         liability for members of the authority;

28         requiring the assistance of state officers,

29         agencies, and departments; providing for

30         construction of the act; requiring disclosure

31         of specified conflicts of interest; prohibiting

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  1         certain participation in the event of a

  2         conflict of interest; specifying conflicts of

  3         interest with respect to the executive director

  4         of the authority; providing exemption from

  5         competitive bid laws; creating s. 159.8082,

  6         F.S.; establishing the agricultural development

  7         bond pool; amending s. 159.804, F.S.; providing

  8         for specific allocations of state volume

  9         limitations to the agricultural development

10         pool; amending s. 159.809; specifying

11         provisions for bond issuance reports not

12         received; amending s. 570.46, F.S.; revising

13         the powers and duties of the Division of

14         Standards; deleting a reference to testing of

15         samples; amending s. 570.48, F.S., relating to

16         duties of the Division of Fruit and Vegetables;

17         providing for the appointment, certification,

18         licensure, and supervision of certain

19         inspectors; amending s. 570.952, F.S., relating

20         to the Florida Agriculture Center and Horse

21         Park Authority; deleting requirements relating

22         to a quorum and official actions; creating s.

23         570.235, F.S.; creating the Pest Exclusion

24         Advisory Committee within the Department of

25         Agriculture and Consumer Services; establishing

26         membership of the advisory committee; providing

27         duties of the advisory committee; requiring a

28         report; amending s. 581.184, F.S.; establishing

29         a citrus canker-free buffer area; requiring the

30         development of a compensation plan; providing a

31         limitation for compensation; amending s.

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  1         588.011, F.S.; revising legal fence

  2         requirements; amending s. 588.12, F.S.;

  3         revising legislative findings regarding

  4         livestock at large; amending s. 588.13, F.S.;

  5         revising definitions; repealing s. 588.14,

  6         F.S.; relating to duty of owners of livestock;

  7         amending s. 588.16, F.S.; revising the

  8         authority to impound livestock running at

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

10         provisions relating to the disposition of

11         impounded livestock; amending s. 588.18, F.S.;

12         revising fees relating to livestock at large;

13         amending s. 588.19, F.S.; revising procedures

14         for defraying certain costs; amending s.

15         589.081, F.S.; clarifying language regarding

16         distribution to counties of gross receipts

17         funds from Withlacoochee and Goethe State

18         Forests; amending s. 593.1141, F.S.; revising

19         references to the Agricultural Stabilization

20         and Conservation Service; amending s. 616.05,

21         F.S.; clarifying requirements regarding the

22         publication of notice to amend the charter of a

23         fair association; amending s. 616.07, F.S.;

24         revising the tax exempt status of fair

25         associations to include exemption from special

26         assessments; amending s. 616.08, F.S.;

27         clarifying provisions regarding the authority

28         of a fair association to sell, mortgage, lease,

29         or convey property; amending s. 616.13, F.S.;

30         revising restrictions regarding the operation

31         of temporary amusement rides; amending s.

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  1         616.15, F.S.; requiring certain notice to be

  2         sent upon application for a permit to conduct a

  3         public fair or exposition; requiring the

  4         department to consider proximity of fairs and

  5         expositions when issuing permits; authorizing

  6         the denial or withdrawal of permits based on

  7         competition; amending s. 616.242, F.S.,

  8         relating to safety standards for amusement

  9         rides; revising documentation provided to the

10         department for an annual permit; revising the

11         rulemaking authority of the department;

12         revising fees and inspection standards;

13         prohibiting bungy catapulting or reverse bungy

14         jumping; amending s. 616.251, F.S.; exempting

15         certain lands from the provisions of s. 380.06;

16         amending s. 616.260, F.S.; revising the tax

17         exempt status of the Florida State Fair

18         Authority to include exemption from special

19         assessments; amending s. 823.14, F.S.;

20         clarifying a definition pertaining to the

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

22         F.S.; revising provisions relating to cruelty

23         to animals; amending s. 828.125, F.S., relating

24         to killing or aggravated abuse of registered

25         breed horses or cattle; revising provisions

26         relating to prohibited acts; amending s.

27         823.14, F.S.; providing legislative findings

28         regarding the effect of music on animal

29         husbandry; preempting nuisance from noise from

30         raising livestock to the state; providing

31         findings; establishing certain sound limits;

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  1         providing that certain special assessments

  2         shall not be due from a fair association or

  3         state fair; providing an effective date.

  4

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

  6

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

  8  Statutes, is amended to read:

  9         501.913  Registration.--

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

11  state shall be registered with the department prior to

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

13  manufacturer, or the packager shall make application to the

14  department on forms provided by the department no later than

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

16  register the brand, full responsibility for the quality and

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

18  this state.

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

20  Statutes, is amended to read:

21         501.916  Mislabeling of antifreeze.--Antifreeze shall

22  be deemed to be mislabeled:

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

24         (a)  The brand of the product.

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

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

27  packager, or distributor, or registrant.

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

29  liquid measure) separately and accurately in a uniform

30  location upon the principal display panel.

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

  2  substantial injury to human beings which may result from the

  3  intended use or reasonably foreseeable misuse of the

  4  antifreeze.

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

  6  the antifreeze agent.

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

  8  or concentration of the antifreeze to be used to provide

  9  claimed protection from freezing at a specified degree or

10  degrees of temperature, claimed protection from corrosion, or

11  claimed increase of boiling point or protection from

12  overheating.

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

14  Statutes, is amended to read:

15         501.919  Enforcement; stop-sale order.--

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

17  the department to report for prosecution or for institution of

18  libel proceedings any minor violations of the act whenever it

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

20  suitable notice of warning in writing to the violator

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

22  label.

23         Section 4.  Section 501.922, Florida Statutes, is

24  amended to read:

25         501.922  Violation.--

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

27  more of the following penalties against any person who

28  violates any provision of ss. 501.91-501.923 or impedes,

29  obstructs, or hinders the department in performance of its

30  duties in connection with the provisions of these sections.

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

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

  3  second or repeat offender, or any person who willfully and

  4  intentionally violates any provisions of this section, the

  5  administrative fine shall not exceed $5,000 per violation.

  6         (b)  Revocation or suspension of any registration

  7  issued by the department. Any suspension shall not exceed one

  8  year.

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

10  fails to pay a fine within 30 days, then all registrations

11  issued by the department to the registrant may be suspended

12  until such time as the fine is paid. The registration with the

13  department of any person who violates this act or fails to

14  comply with any of the provisions of this act may be subject

15  to suspension or revocation.  Any suspension shall not exceed

16  1 year. In addition to any suspension or revocation, for each

17  violation, the department may levy a fine which shall not

18  exceed $5,000 per violation.  If the person in violation of

19  ss. 501.91-501.923 fails to pay the fine within 30 days, then

20  his or her registration may be suspended until such time as

21  the fine is paid.

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

23  deposited in the General Inspection Trust Fund.

24         Section 5.  Section 531.54, Florida Statutes, is hereby

25  repealed.

26         Section 6.  Section 570.191, Florida Statutes, 1998

27  Supplement, is amended to read:

28         570.191  Agricultural Emergency Eradication Trust

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

30  Agricultural Emergency Eradication Trust Fund. Funds in the

31  trust fund may be made available upon certification by the

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  1  commissioner that an agricultural emergency exists and that

  2  funds specifically appropriated for the emergency's purpose

  3  are exhausted or insufficient to eliminate the agricultural

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

  5  or plant disease, insect infestation, or plant or pest

  6  endangering or threatening the horticultural, aquacultural, or

  7  other and agricultural interests in this state.

  8         Section 7.  Sections 570.251, 570.252, 570.253,

  9  570.254, 570.255, 570.256, 570.257, 570.258, 570.259, 570.260,

10  570.261, 570.262, 570.263, 570.264, 570.265, 570.266, 570.267,

11  570.268, 570.269, 570.270, 570.271, 570.272, 570.273, 570.274,

12  and 570.275, Florida Statutes, are created to read:

13         570.251  Short title.--Sections 570.251-570.275 may be

14  cited as the "Florida Agricultural Development Act."

15         570.252  Legislative findings.--

16         (1)  The Legislature finds that the ability of

17  residents of the state to pursue agricultural enterprises or

18  enterprises related to agribusiness has been detrimentally

19  affected by causes and events beyond their control or the

20  control of the state, including treaty-supported foreign

21  competition, termination of long established federal subsidy

22  programs, and a shortage of funds from private market sources

23  at rates of interest generally available under revenue bond

24  programs to nonagricultural industry.  These conditions have

25  detrimentally affected the rural agriculture industry in this

26  state and have made the sale and purchase of agricultural land

27  by and among family farmers impossible in many parts of this

28  state.  The ordinary operation of private enterprise has not

29  corrected this situation.  Such conditions have worked to the

30  detriment of the economy and social welfare of the state and

31  threatens to destroy the basic fabric of rural agriculture,

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  1  such as the family farm and rural communities that depend on

  2  agribusiness.  The state's farm policy should enhance

  3  opportunities for people to generate farm incomes comparable

  4  to the incomes of other economic sectors.  The United States

  5  Congress has recognized the need to provide assistance to the

  6  rural segment of the national economy and has instituted

  7  programs to assist family farmers and agribusiness by means of

  8  tax policy as well as loans, grants, technology transfers, and

  9  credit enhancements to qualified state agencies.  The

10  Legislature should also encourage, by all suitable means,

11  intellectual, scientific, and agricultural improvement in the

12  rural parts of this state.  The public good is served by a

13  policy of facilitating access to capital by beginning farmers,

14  existing farmers, and agribusinesses unable to obtain capital

15  elsewhere.  Therefore, the Legislature finds that conditions

16  exist in the state which require the creation of a body

17  politic having corporate power to issue notes, bonds, and

18  other evidences of indebtedness in order to make or acquire

19  loans for the acquisition or development of agricultural

20  lands, improvements, and facilities.  All of the purposes

21  stated in this section are public purposes and uses for which

22  public moneys may be borrowed, expended, advanced, loaned, or

23  granted.

24         (2)  The Legislature recognizes that many of the

25  programs approved by the United States Congress in the Federal

26  Agricultural Improvement and Reform Act of 1996 which can

27  supplement and enhance the Florida Agricultural Development

28  Authority's mission are being implemented. Therefore, the

29  authority is granted broad powers to adopt rules to carry out

30  the purposes set forth in this act to maximize the benefits to

31

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  1  the residents of this state from all available federal, state,

  2  local, or private programs.

  3         570.253  Definitions.--As used in this act, the term:

  4         (1)  "Agricultural improvements" means any

  5  improvements, buildings, structures, or fixtures that are

  6  suitable for use in farming, producing, or processing

  7  agricultural products and are located on agricultural land in

  8  this state. The term includes both any single-family dwelling

  9  located on agricultural land which is or will be occupied by a

10  beginning farmer and structures attached to or incidental to

11  the use of the dwelling.

12         (2)  "Agricultural land" means land in this state

13  suitable for use in farming, producing, or processing

14  agricultural products, specifically including lands so

15  designated by the Land Acquisition and Management Advisory

16  Council established under s. 259.035.

17         (3)  "Agricultural producer" means a person that

18  engages in the business of producing and marketing

19  agricultural produce in this state and includes a farmer.

20         (4)  "Agricultural processor" means a person that

21  engages in the business of processing agricultural products

22  within this state, including, without limitation, agricultural

23  commodities, agricultural byproducts, biomass energy and

24  organic compost processing, and any and all products made or

25  derived from agricultural or biomass stock as defined by the

26  authority under rules adopted under chapter 120.

27         (5)  "Authority" means the Florida Agricultural

28  Development Authority established in s. 570.254.

29         (6)  "Beginning farmer" means an individual,

30  partnership, corporation, limited liability company, limited

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  1  agricultural association as defined in s. 604.11, or trust

  2  that engages in farming in this state, and includes:

  3         (a)  First-time farmers and family farmers as described

  4  in s. 147(c)(2) of the Internal Revenue Code, as amended;

  5         (b)  Existing farmers who have moved, or who intend to

  6  move, from existing agricultural activities to raising new or

  7  alternative agricultural crops under rules adopted by the

  8  authority; and

  9         (c)  Such other farmers as are designated by rules

10  adopted by the authority.

11         (7)  "Bonds" means bonds issued by the authority.

12         (8)  "Depreciable agricultural property" means personal

13  property suitable for use in farming for which an income tax

14  deduction for depreciation is allowable in computing federal

15  income tax under the Internal Revenue Code.

16         (9)  "Farming" means the cultivation of land in this

17  state for the production of agricultural crops, including

18  biomass and fiber crops, citrus crops, poultry and ratites,

19  eggs, milk, fruits, nuts, vegetables, flowers, ferns, or other

20  horticultural crops, grazing and forage production, swine,

21  livestock, farm-raised deer, aquaculture, hydroponics,

22  organics, silviculture, forest products, or other such

23  activities designated by the authority by rule.

24         (10)  "Internal Revenue Code" means the Internal

25  Revenue Code of 1986, as amended.

26         (11)  "Lending institution" means a bank, credit union,

27  trust company, mortgage company, national banking association,

28  savings and loan association, insurance company, any state or

29  federal governmental agency or instrumentality, including the

30  federal land bank or the consolidated farm service agency or

31  any of its local associations, or any other financial

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  1  institution or entity authorized to make farm loans in this

  2  state.

  3         (12)  "Mortgage" means a mortgage, mortgage deed, deed

  4  of trust, or other instrument creating a first lien, subject

  5  only to title exceptions and encumbrances acceptable to the

  6  authority, including any other mortgage liens of equal

  7  standing with or subordinate to the mortgage loan retained by

  8  a seller or conveyed to a mortgage lender, on a fee interest

  9  in agricultural land and agricultural improvements.

10         (13)  "Mortgage lender" means a bank, trust company,

11  mortgage company, national banking association, savings and

12  loan association, insurance company, or any state or federal

13  governmental agency or instrumentality, including, without

14  limitation, the federal land bank or any of its local

15  associations or any other financial institution or public or

16  private entity authorized to make mortgage loans or secured

17  loans in this state.

18         (14)  "Mortgage loan" means a financial obligation

19  secured by a mortgage.

20         (15)  "Note" means a bond anticipation note or other

21  obligation or evidence of indebtedness issued by the

22  authority.

23         (16)  "Secured loan" means a financial obligation

24  secured by a chattel mortgage, security agreement, or other

25  instrument creating a lien on an interest in depreciable

26  agricultural property.

27         (17)  "State agency" means any board, commission,

28  department, public officer, or other agency or authority of

29  the state.

30

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  1  The authority may by rule define other terms applicable to

  2  this act and may clarify the definitions in this section to

  3  assure eligibility for funds, insurance, or guarantees

  4  available under federal, state, or local laws, to assure

  5  compliance with federal tax law and regulations under the

  6  Internal Revenue Code and applicable state statutes, and to

  7  carry out the public purposes of this act.

  8         570.254  Establishment of authority; powers and duties;

  9  board; earnings.--

10         (1)  There is created the "Florida Agricultural

11  Development Authority," a public body corporate and politic,

12  for the purposes and with the powers set forth herein. Such

13  instrumentality, hereinafter referred to as "the authority"

14  shall have perpetual succession. For the purposes of

15  implementing the intent of ss. 570.251-570.275, the authority

16  shall be considered an instrumentality of the state, subject

17  to the jurisdiction of the state. Any conflict with respect to

18  that jurisdiction shall be resolved by the authority and

19  respective state agencies. The authority shall establish

20  programs that:

21         (a)  Assist farmers, beginning farmers, and

22  agribusiness in purchasing, leasing, or otherwise acquiring

23  agricultural land, improvements, technology, and depreciable

24  agricultural property for farming.

25         (b)  Promote diversification of the farm economy in

26  this state through the growth and development of new crops or

27  livestock not customarily grown or produced in this state or

28  that emphasize a vertical integration of agricultural products

29  produced or raised in this state into a finished agricultural

30  product or byproduct for consumption or use.

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  1         (c)  Assist in financing operating expenses and

  2  cash-flow requirements of farming.

  3         (2)  The authority shall be operated under the

  4  supervision of the Commissioner of Agriculture, which

  5  supervision may include, but is not limited to, assisting,

  6  advising, and making recommendations regarding the operation,

  7  financing, and programs of the authority. In assisting and

  8  advising the authority, the Commissioner of Agriculture may

  9  make appropriate staff of the department available to the

10  authority.

11         (3)  The powers of the authority are vested in and

12  exercised by a board of seven members, including the

13  Commissioner of Agriculture or the commissioner's designee.

14  The Commissioner of Agriculture shall appoint the following

15  members of the board:

16         (a)  One member from the Farm Credit System.

17         (b)  One member from the Florida State Rural

18  Development Council.

19         (c)  One member from the Florida Farm Bureau

20  Federation.

21         (d)  One member who is an agricultural economist.

22         (e)  One member with bonding or lending experience.

23         (f)  One member at large.

24         (4)  Initially, two members of the board shall be

25  appointed for a term of 4 years, two members for a term of 3

26  years, and two members for a term of 2 years. Thereafter, each

27  member shall be appointed for a 4-year term. A person

28  appointed to fill a vacancy may serve only for the unexpired

29  portion of the term.  A member of the board is eligible for

30  reappointment. An appointed board member may be removed from

31  office by the Commissioner of Agriculture. An appointed board

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  1  member may also serve as a member of any other authority or

  2  association.

  3         (5)  The members shall elect a chair and a vice chair

  4  annually and other officers as necessary. The executive

  5  director of the authority shall serve as secretary to the

  6  board.  Meetings of the board must be held at the call of the

  7  chair, at the request of a majority of the membership of the

  8  board, at the request of the Commissioner of Agriculture, or

  9  at such times as may be prescribed by rules of the board.

10  Meetings may be held telephonically as prescribed by rules of

11  the board. Any meeting at which official acts are to be taken

12  or at which the public business of the authority is to be

13  transacted or discussed must be open and noticed to the

14  public.

15         (6)  Four voting members of the board constitute a

16  quorum, and the affirmative vote of those present and voting

17  is necessary for any substantive action taken by the board. A

18  vacancy in the membership does not impair the right of a

19  quorum to exercise all rights and perform all duties of the

20  board.

21         (7)  The members of the board shall not be entitled to

22  compensation for their services as members, but may receive

23  per diem and travel expenses as provided in s. 112.061 while

24  in performance of their duties.

25         (8)  The members of the board shall give bond as

26  required by law for public officers.

27         (9)  The net earnings of the authority, beyond that

28  necessary for retirement of its notes, bonds, or other

29  obligations or to implement authorized public purposes and

30  programs, may not inure to the benefit of any person other

31  than the state.  Upon termination of the existence of the

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  1  authority, title to all property owned by the authority,

  2  including any net earnings, vests in the department.

  3         570.255  General powers.--The authority is granted

  4  powers necessary to carry out its purposes and duties. It may:

  5         (1)  Issue negotiable bonds and notes to finance its

  6  programs.

  7         (2)  Sue and be sued in its own name.

  8         (3)  Have and alter a corporate seal.

  9         (4)  Make and alter bylaws for its management and

10  programs.

11         (5)  Make and execute agreements, contracts, and other

12  instruments with any public or private entity, including any

13  federal governmental agency. With the approval of the

14  Commissioner of Agriculture, the authority may enter into

15  contracts with any firm of independent certified public

16  accountants to prepare an annual report on behalf of the

17  authority. The authority may enter into contracts with

18  mortgage lenders, insurance companies, or others for the

19  servicing of mortgages and secured loans. All political

20  subdivisions, including federal, state, and local agencies,

21  may enter into contracts and otherwise cooperate with the

22  authority.

23         (6)  Lease, purchase, accept a gift or donation of, or

24  otherwise acquire, use, own, hold, improve, or deal in or

25  with, real or personal property, or sell, convey, mortgage,

26  pledge, lease, exchange, or otherwise dispose of any assets,

27  loans or equity interests acquired in the financing of

28  projects funded by the authority, or any other property or

29  interest in property, as the board considers necessary in the

30  transaction of its business. The authority may not carry out a

31  program of real estate investment.

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  1         (7)  Procure insurance against any loss in connection

  2  with its operations or property interests, including pool

  3  insurance on any group of mortgages or secured loans.

  4         (8)  Fix and collect fees and charges for its services.

  5         (9)  Subject to an agreement with bondholders or

  6  noteholders, invest or deposit its moneys in a manner

  7  determined by the authority, notwithstanding the provisions of

  8  chapters 215 and 216.

  9         (10)  Accept appropriations, gifts, grants, loans, or

10  other aid from public or private entities. A record of all

11  gifts or grants stating the type, amount, and donor must be

12  clearly set out in the authority's annual report along with

13  the record of other receipts.

14         (11)  Provide public and private entities with

15  technical assistance, education, counseling, and grants to

16  assist the authority in matters related to the authority's

17  purposes.

18         (12)  In cooperation with other local, state, or

19  federal governmental agencies or instrumentalities, conduct

20  studies of the agricultural needs of the beginning farmer,

21  agricultural producer, and processor and gather, compile, and

22  exchange with similar authorities and agencies in other states

23  data useful to facilitate decisionmaking.

24         (13)  Contract with accountants, architects, attorneys,

25  economists, engineers, housing construction and finance

26  experts, and other advisors, or enter into contracts for such

27  services with local, state, or federal governmental agencies.

28         (14)  Execute contracts, agreements, leases, and other

29  instruments with any person, partnership, corporation, limited

30  liability company, limited agricultural association, or trust,

31  including, without limitation, any federal, state, or local

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  1  governmental agency, and take actions necessary to accomplish

  2  any purpose for which the authority was organized or to

  3  exercise any power expressly granted to the authority.

  4         (15)  Adopt rules relating to:

  5         (a)  Programs under the jurisdiction of the authority,

  6  including beginning farmer programs.

  7         (b)  Definitions.

  8         (c)  Eligibility for programs, eligibility criteria and

  9  determinations, objective criteria and guidelines, and forms

10  and documents required to implement the authority's programs.

11         570.256  Executive director.--

12         (1)  The authority shall appoint the executive director

13  of the authority who serves at the pleasure of the authority.

14         (2)  The executive director shall advise the authority

15  on matters relating to agricultural land and property and

16  finance; carry out all directives from the authority and the

17  commissioner; and hire and supervise the authority's staff

18  pursuant to the direction of the board and the commissioner.

19         (3)  The executive director, as secretary of the

20  authority, is custodian of all books, documents, minute books,

21  seals, and papers filed with the authority. The executive

22  director may authorize duplication of all minutes and other

23  records and documents of the authority and shall give

24  certificates under the seal of the authority that the copies

25  are true copies and that all persons dealing with the

26  authority may rely upon the certificates.

27         570.257  Annual report.--

28         (1)  The authority shall submit to the Governor, the

29  President of the Senate, the Speaker of the House of

30  Representatives, and the Auditor General, by February 15 of

31  each year, a report setting forth:

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  1         (a)  The operations and accomplishments of the

  2  authority.

  3         (b)  The authority's receipts and expenditures during

  4  the fiscal year, in accordance with the classifications it

  5  establishes for its operating and capital accounts.

  6         (c)  The authority's assets and liabilities at the end

  7  of its fiscal year and the status of reserve, special, and

  8  other funds.

  9         (d)  A schedule of the authority's bonds and notes

10  outstanding at the end of its fiscal year, together with a

11  statement of the amounts redeemed and issued during its fiscal

12  year.

13         (e)  A statement of the authority's proposed and

14  projected activities.

15         (f)  Recommendations to the Legislature, as the

16  authority determines necessary.

17         (g)  An analysis of the needs of beginning farmers and

18  other farmers in the state, as well as of agribusiness

19  projects funded by the authority.

20         (2)  The annual report, together with the authority's

21  audited annual statements of financial condition for the

22  period prepared by the authority's certified public

23  accountants, including, specifically, their review and

24  comments on the authority's activities described in paragraphs

25  (1)(b), (c), and (d), must identify performance goals of the

26  authority and clearly indicate the extent of progress during

27  the reporting period in attaining the goals.  When possible,

28  results must be expressed in terms of number of loans and

29  acres of agricultural land and establishment of new or

30  alternative agricultural crops for farmers and agribusiness in

31  the state.

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  1         570.258  Surplus moneys.--Moneys declared by the

  2  authority to be surplus moneys that are not required to

  3  service bonds and notes, to pay administrative expenses of the

  4  authority, or to accumulate necessary operating or loss

  5  reserves must be used by the authority to provide loans,

  6  grants, subsidies, and other services or assistance to

  7  beginning farmers or agricultural producers through any of the

  8  programs authorized in this act.

  9         570.259  Combination programs.--Programs authorized in

10  this act may be combined with any other programs authorized by

11  law or authorized under any federal program or programs of any

12  other state in order to facilitate the acquisition and

13  ownership of agricultural land and property by beginning or

14  existing farmers or to facilitate the implementation of soil

15  and water conservation practices and the implementation of new

16  and alternative agricultural crops in this state.

17         570.260  Beginning farmer loan program.--

18         (1)  The authority shall develop a beginning farmer

19  loan program to facilitate the acquisition of agricultural

20  land and improvements and depreciable agricultural property by

21  beginning farmers. The authority shall exercise its powers in

22  order to provide financial assistance to beginning farmers in

23  the acquisition of agricultural land and improvements and

24  depreciable agricultural property. The authority may

25  participate in and cooperate with programs of the United

26  States Department of Agriculture Consolidated Farm Service

27  Agency, the federal land bank, or any other agency or

28  instrumentality of the Federal Government, or with any program

29  of any other state agency in the administration of the

30  beginning farmer loan program and in the making or purchasing

31  of bonds, notes, mortgages, or secured loans under this act.

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  1         (2)  The authority may participate in any federal

  2  programs designed to assist beginning farmers or in any

  3  related federal or state programs.

  4         (3)  The authority shall by rule prescribe the criteria

  5  upon which loans to or on behalf of a beginning farmer program

  6  will be provided. These rules must comply with the

  7  requirements for "first-time farmers" under s. 147 of the

  8  Internal Revenue Code, as amended.

  9         (4)  The authority may provide in a mortgage or secured

10  loan made or purchased under this act that the loan may not be

11  assumed or that any interest in the agricultural land or

12  improvements or depreciable agricultural property may not be

13  leased, sold, or otherwise conveyed without its prior written

14  consent, and may provide a due-on-sale clause with respect to

15  the occurrence of any of the foregoing events without its

16  prior written consent. The authority may specify by rule the

17  grounds for permitted assumptions of a mortgage or for the

18  leasing, sale, or other conveyance of any interest in the

19  agricultural land or improvements. The authority shall,

20  however, reserve in a mortgage or secured loan its right to

21  raise the interest rate of the loan to the prevailing market

22  rate if the mortgage or secured loan is assumed by a farmer

23  who is already established in that field at the time of the

24  assumption of the loan.

25         (5)  The authority may participate in any interest in

26  any mortgage or secured loan made or purchased under this act

27  with a mortgage or other lender. The participation interest

28  may be on a parity with the interest in the mortgage or

29  secured loan retained by the authority, equally and ratably

30  secured by the mortgage or securing agreement securing the

31  mortgage or secured loan.

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  1         570.261  Loans to beginning farmers.--

  2         (1)  The authority may make mortgage or secured loans,

  3  including, but not limited to, mortgage or secured loans

  4  insured, guaranteed, or otherwise secured by the Federal

  5  Government or a federal governmental agency or

  6  instrumentality, a state agency, or private mortgage insurers,

  7  to beginning farmers to provide financing for agricultural

  8  land and improvements or depreciable agricultural property.

  9         (2)  Mortgage or secured loans must contain terms and

10  provisions, including interest rates, and be in a form

11  established by rule of the authority. The authority may

12  require the beginning farmer to execute a note, loan

13  agreement, or other evidence of indebtedness and furnish

14  additional assurances and guarantees, including insurance,

15  reasonably related to protecting the security of the mortgage

16  or secured loan, as the authority deems necessary.

17         570.262  Loans to mortgage lenders and other lenders.--

18         (1)  The authority may make loans to mortgage lenders

19  or other lenders on terms and conditions it determines are

20  reasonably related to protecting the security of the

21  authority's investment and to administering this act. Mortgage

22  lenders may borrow from the authority under the provisions of

23  this section and the rules of the authority.

24         (2)  The authority shall require as a condition of each

25  loan to a mortgage lender that the mortgage lender, within a

26  reasonable period after receipt of the loan proceeds as the

27  authority prescribes by rule, enter into written commitments

28  to make and, within a reasonable period thereafter as the

29  authority prescribes by rule, disburse the loan proceeds in

30  new mortgage or secured loans to beginning farmers in an

31  aggregate principal amount of not less than the amount of the

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  1  loan. New mortgage or secured loans must have such terms and

  2  conditions as the authority prescribes by rules and as are

  3  reasonably related to implementing the purposes of this act.

  4         570.263  Purchase of loans.--

  5         (1)  The authority may purchase and make advance

  6  commitments to purchase mortgage or secured loans from

  7  mortgage lenders at prices and upon terms and conditions it

  8  determines. The total purchase price for all mortgage or

  9  secured loans that the authority commits to purchase from a

10  mortgage lender at any one time may not exceed the total of

11  the unpaid principal balances of the mortgage or secured loans

12  purchased. Mortgage lenders are authorized to sell mortgage or

13  secured loans to the authority under the provisions of this

14  section and the rules of the authority.

15         (2)  The authority shall require as a condition of

16  purchase of mortgage or secured loans from mortgage lenders

17  that the mortgage lenders certify that the mortgage or secured

18  loans purchased are loans made to beginning farmers. Mortgage

19  or secured loans to be made by mortgage lenders must have such

20  terms and conditions as the authority prescribes by rule. The

21  authority may commit to purchase mortgage or secured loans

22  from mortgage lenders in advance of the time the loans are

23  made by mortgage lenders. The authority shall require as a

24  condition of a commitment that mortgage lenders certify in

25  writing that all mortgage or secured loans represented by the

26  commitment will be made to beginning farmers and that the

27  mortgage lender will comply with other requirements of the

28  authority.

29         570.264  Powers relating to loans.--Subject to any

30  agreement with bondholders or noteholders, the authority may

31  renegotiate a mortgage or secured loan or a loan to a mortgage

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  1  lender in default, waive a default or consent to the

  2  modification of the terms of a mortgage or secured loan or a

  3  loan to a mortgage lender, forgive or forbear all or part of a

  4  mortgage or secured loan or a loan to a mortgage lender, and

  5  commence, prosecute, and enforce a judgment in any action,

  6  including, but not limited to, a foreclosure action, to

  7  protect or enforce any right conferred upon it by law,

  8  mortgage or secured loan agreement, contract, or other

  9  agreement and, in connection with any action, bid for and

10  purchase the property or acquire or take possession of it,

11  complete, administer, pay the principal of and interest on any

12  obligations incurred in connection with the property, and

13  dispose of and otherwise deal with the property in a manner

14  the authority determines advisable to protect its interests.

15         570.265  Bonds and notes.--

16         (1)  The authority may issue its negotiable bonds and

17  notes in principal amounts that, in the opinion of the

18  authority, are necessary to provide sufficient funds for

19  achievement of its corporate purposes, the payment of interest

20  on its bonds and notes, the establishment of reserves to

21  secure its bonds and notes, and all other expenditures of the

22  authority incident to and necessary or convenient to carry out

23  its purposes and powers. The bonds and notes are to be

24  investment securities and negotiable instruments within the

25  meaning of and for all purposes of the Uniform Commercial

26  Code.

27         (2)  Bonds and notes are payable solely from the

28  moneys, assets, or revenues of the authority and as provided

29  in the agreement with bondholders or noteholders pledging any

30  particular moneys, assets, or revenues. Bonds or notes are not

31  an obligation of this state or any political subdivision of

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  1  this state other than the authority within the meaning of any

  2  constitutional or statutory debt limitations, but are special

  3  obligations of the authority payable solely from the sources

  4  provided in this act, and the authority may not pledge the

  5  credit or taxing power of this state or any political

  6  subdivision of this state other than the authority or make its

  7  debts payable out of any moneys except those of the authority.

  8         (3)  Bonds and notes must be authorized by a resolution

  9  of the authority. A resolution authorizing the issuance of

10  bonds or notes may, however, delegate to an officer of the

11  authority the power to negotiate and fix the details of an

12  issue of bonds or notes by an appropriate certificate of the

13  authorized officer.

14         (4)(a)  In addition to any notice required under the

15  Internal Revenue Code for federally tax exempt bonds, the

16  authority shall publish a notice of intention to issue bonds

17  or notes in a newspaper of general circulation published in

18  the state. The notice must include a statement of the maximum

19  amount of bonds or notes proposed to be issued and, in

20  general, what net revenues will be pledged to pay the bonds or

21  notes and interest thereon. An action may not be brought

22  questioning the legality of the bonds or notes or the power of

23  the authority to issue the bonds or notes or as to the

24  legality of any proceedings in connection with the

25  authorization or issuance of the bonds or notes after 60 days

26  from the date of publication of the notice.

27         (b)  In lieu of paragraph (a), the authority may

28  validate any bonds issued pursuant to this section, as

29  provided in chapter 75. The validation complaint shall be

30  filed only in the circuit court for Leon County. The notice

31  required under s. 75.06 shall be published in Leon County, and

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  1  the complaint and order of the circuit court shall be served

  2  only on the state attorney for the Second Judicial Circuit.

  3  The provisions of ss. 75.04(2) and 75.06(2) shall not apply to

  4  a validation complaint filed as authorized in this subsection.

  5  The validation of the bonds issued pursuant to this section

  6  may be appealed to the Supreme Court, and such appeal shall be

  7  handled on an expedited basis.

  8         (5)  Bonds and notes issued by the authority for

  9  purposes of financing the beginning farmer loan program

10  provided in s. 570.260 are exempt from all taxation by the

11  state, including income taxes, documentary stamp taxes, and

12  intangible taxes, and interest earned on the bonds and notes

13  is deductible in determining net income for purposes of the

14  corporate income tax under chapter 220.

15         570.266  Reserve funds and appropriations.--The

16  authority may create and establish one or more special funds,

17  each to be known as a "bond reserve fund," and shall pay into

18  each bond reserve fund any moneys appropriated and made

19  available by the state for the purpose of the fund, any

20  proceeds of the sale of notes or bonds to the extent provided

21  in the resolutions of the authority authorizing their

22  issuance, and any other moneys that are available to the

23  authority for the purpose of the fund from any other sources.

24  Moneys held in a bond reserve fund, except as otherwise

25  provided in this act, must be used as required solely for the

26  payment of the principal of bonds secured in whole or in part

27  by the fund or of the sinking fund payments with respect to

28  the bonds, the purchase or redemption of the bonds, the

29  payment of interest on the bonds, or the payments of any

30  redemption premium required to be paid when the bonds are

31  redeemed prior to maturity.

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  1         570.267  Remedies of bondholders and noteholders.--

  2         (1)  If the authority defaults in the payment of

  3  principal or interest on an issue of bonds or notes at

  4  maturity or upon call for redemption and the default continues

  5  for a period of 30 days, or, if the authority fails or refuses

  6  to comply with the provisions of this act or defaults in an

  7  agreement made with the holders of an issue of bonds or notes,

  8  the holders of 25 percent in aggregate principal amount of

  9  bonds or notes of the issue then outstanding, by instrument

10  filed in the office of the clerk of Leon County and proved or

11  acknowledged in the same manner as a deed to be recorded, may

12  appoint a trustee to represent the holders of the bonds or

13  notes for the purposes provided in this section.

14  Notwithstanding the foregoing, the authority shall not be

15  deemed in default hereunder if such default can be cured

16  within a reasonable period of time and if the authority in

17  good faith institutes curative action and diligently pursues

18  such action until the default has been corrected.

19         (2)  The authority or any trustee appointed under the

20  indenture under which the bonds or notes are issued may, and

21  upon written request of the holders of 25 percent in aggregate

22  principal amount of the issue of bonds or notes then

23  outstanding, shall:

24         (a)  Enforce all rights of the bondholders or

25  noteholders, including the right to require the authority to

26  carry out its agreements with the holders and to perform its

27  duties under this act.

28         (b)  Bring suit upon the bonds or notes.

29         (c)  By action, require the authority to account as if

30  it were the trustee of an express trust for the holders.

31

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  1         (d)  By action, enjoin any acts or things that are

  2  unlawful or in violation of the rights of the holders.

  3         (e)  Declare all the bonds or notes due and payable

  4  and, if all defaults are made good, then with the consent of

  5  the holders of 25 percent of the aggregate principal amount of

  6  the issue of bonds or notes then outstanding annul the

  7  declaration and its consequences.

  8         (3)  The trustee has powers necessary for the exercise

  9  of functions specifically set forth or incident to the general

10  representation of bondholders or noteholders in the

11  enforcement and protection of their rights.

12         (4)  Before declaring the principal of bonds or notes

13  due and payable, the trustee shall first give 30 days' notice

14  in writing to the Governor, to the authority, to the

15  Commissioner of Agriculture, and to the Attorney General.

16         (5)  The circuit court has jurisdiction of any action

17  by the trustee on behalf of bondholders or noteholders. The

18  venue of the action is in Leon County.

19

20  The bondholders or noteholders may, to the extent provided in

21  the resolution to which the bonds or notes were issued or in

22  its agreement with the authority, enforce any of the remedies

23  in paragraphs (2)(a)-(e) or the remedies provided in such

24  proceedings or agreements for and on their own behalf.

25         570.268  Agreement of the state.--The state pledges and

26  agrees with the holders of any bonds or notes that the state

27  will not limit or alter the rights vested in the authority to

28  fulfill the terms of agreements made with the holders of such

29  bonds or notes or in any way impair the rights and remedies of

30  the holders of such bonds or notes until the bonds or notes,

31  together with the interest thereon, plus interest on unpaid

                                  29

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  1  installments of interest, and all costs and expenses in

  2  connection with an action by or on behalf of the holders of

  3  such bonds are fully met and discharged. The authority may

  4  include this pledge and agreement of the state in any

  5  agreement with the holders of bonds or notes.

  6         570.269  Bonds and notes as legal investments.--Bonds

  7  and notes are securities in which public officers, state

  8  departments and agencies, political subdivisions, pension and

  9  retirement funds, insurance companies and other persons

10  carrying on an insurance business, banks, trust companies,

11  savings and loan associations, investment companies, credit

12  unions, and other persons carrying on a banking business,

13  administrators, executors, guardians, conservators, trustees

14  and other fiduciaries, and other persons authorized to invest

15  in bonds or other obligations of this state may legally invest

16  funds, including capital in their control or belonging to

17  them. Bonds and notes are also securities that may be

18  deposited with and received by public officers, state

19  departments and agencies, and political subdivisions for any

20  purpose for which the deposit of bonds or other obligations of

21  this state is authorized.

22         570.270  Moneys of the authority.--

23         (1)  Moneys of the authority, except as otherwise

24  provided in this act, must be paid to the authority and must

25  be deposited in a bank or other financial institution

26  designated by the authority. The moneys of the authority may

27  be withdrawn on the order of the person authorized by the

28  authority. Deposits must be secured in the manner determined

29  by the authority. The Auditor General shall annually examine

30  the accounts and books of the authority, including its

31  receipts, disbursements, contracts, leases, sinking funds,

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  1  investments, and any other records and papers relating to its

  2  financial standing.

  3         (2)  The authority may contract with holders of its

  4  bonds or notes as to the custody, collection, security,

  5  investment, and payment of moneys of the authority, of moneys

  6  held in trust or otherwise for the payment of bonds or notes

  7  and to carry out the contract. Moneys held in trust or

  8  otherwise for the payment of bonds or notes or in any way to

  9  secure bonds or notes and deposits of the moneys may be

10  secured in the same manner as moneys of the authority, and

11  banks and trust companies may give security for the deposits.

12         (3)  Subject to the provisions of any contract with

13  bondholders or noteholders, the authority shall prescribe a

14  system of accounts.

15         (4)  The authority shall submit to the Governor, the

16  Auditor General, the President of the Senate, and the Speaker

17  of the House of Representatives, within 30 days after receipt

18  by the authority, a copy of the report of every external

19  examination of the books and accounts of the authority other

20  than copies of the reports of examinations made by the Auditor

21  General.

22         570.271  Limitation of liability.--Members of the

23  authority and persons acting in its behalf, while acting

24  within the scope of their employment or agency, are not

25  subject to personal liability resulting from carrying out the

26  powers and duties given in this act, and the authority may

27  carry such insurance or other indemnification for any actions

28  arising out of such duties.

29         570.272  Assistance by state officers, agencies, and

30  departments.--State officers, departments, and agencies shall

31

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  1  provide services to the authority within their respective

  2  functions as requested by the Commissioner of Agriculture.

  3         570.273  Liberal interpretation.--This act, being

  4  necessary for the welfare of this state and its inhabitants,

  5  must be liberally construed to effect its purposes.

  6         570.274  Conflicts of interest.--

  7         (1)  If a member or employee of the authority has an

  8  interest, either direct or indirect, in a contract to which

  9  the authority is a party or in a mortgage lender or other

10  lender requesting a loan from or offering to sell mortgage or

11  secured loans to the authority, the interest must be disclosed

12  to the authority in writing and must be set forth in the

13  minutes of the authority. The member or employee having the

14  interest may not participate in an action by the authority

15  with respect to such contract or mortgage lender or other

16  lender.

17         (2)  This section does not limit the right of a member,

18  officer, or employee of the authority to acquire an interest

19  in bonds or notes or limit the right of a member or employee

20  to have an interest in a bank, insurance company, or other

21  financial institution in which the funds of the authority are

22  deposited or which is acting as trustee or paying agent under

23  a trust indenture to which the authority is a party; nor does

24  this section, except as to the disclosures required by

25  subsection (1), preclude an insurance company or financial

26  institution in which an authority board member or employee has

27  an interest from placing insurance, funding bonds, or

28  acquiring or selling notes, mortgages, or other obligations of

29  the authority.

30         (3)  The executive director may not have an interest in

31  a bank or other financial institution in which the funds of

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  1  the authority are deposited or which is acting as trustee or

  2  paying agent under a trust indenture to which the authority is

  3  a party. The executive director may not receive, in addition

  4  to fixed salary or compensation, any money or valuable thing,

  5  either directly or indirectly or through any substantial

  6  interest in any other corporation or business unit, for

  7  negotiating, procuring, recommending, or aiding in any

  8  purchase or sale of property or loan made by the authority,

  9  nor may the executive director be pecuniarily interested,

10  either as principal, co-principal, agent, or beneficiary,

11  either directly or indirectly or through any substantial

12  interest in any other corporation or business unit, in any

13  purchase, sale, or loan.

14         570.275  Exemption from competitive bid laws.--The

15  authority and all contracts made by it in carrying out its

16  public and essential governmental functions are exempt from

17  the laws of the state which provide for competitive bids in

18  connection with such contracts.

19         Section 8.  Section 159.8082, Florida Statutes, is

20  created to read:

21         159.8082  Agricultural development bond pool.--

22         (1)  There is established the agricultural development

23  bond pool.  The agricultural development bond pool is

24  available solely to provide written confirmations for private

25  activity bonds to the Florida Agricultural Development

26  Authority to finance agricultural development as described in

27  ss. 570.251-570.275.  Allocations from this pool must be

28  awarded for use on a statewide basis pursuant to the

29  procedures specified in s. 159.805, except that the provisions

30  of s. 159.805(2) and (3) do not apply.  In issuing written

31  confirmations of allocations for agricultural development

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  1  projects, the division must use the agricultural development

  2  bond pool.  If allocation is not available from the

  3  agricultural development bond pool, the division must issue

  4  written confirmations of allocations for agricultural

  5  development projects under s. 159.806 or s. 159.807, in that

  6  order.  For the purposes of determining priority within a

  7  regional allocation pool or the state allocation pool, notices

  8  of intent to issue bonds for agricultural development projects

  9  to be issued from a regional allocation pool or the state

10  allocation pool are considered to have been received by the

11  division at the time it is determined by the division that the

12  agricultural development bond pool is unavailable to issue

13  confirmation for such agricultural development project.

14         (2)  Any written confirmation issued by the director

15  pursuant to this section has no effect unless the bonds to

16  which such confirmation applies have been issued by the

17  Florida Agricultural Development Authority and written notice

18  of such issuance has been provided to the director on or

19  before November 15, unless a carryforward has been granted for

20  the allocation.

21         Section 9.  Section 159.804, Florida Statutes, is

22  amended to read:

23         159.804  Allocation of state volume limitation.--The

24  division shall annually determine the amount of private

25  activity bonds permitted to be issued in this state under the

26  Code and shall make such information available upon request to

27  any person or agency.  The total amount of private activity

28  bonds authorized to be issued in this state pursuant to the

29  Code shall be initially allocated as follows on January 1 of

30  each year:

31

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  1         (1)(a)  On January 1, 1993, the first $75 million of

  2  the state volume limitation shall be allocated to the

  3  manufacturing facility pool established pursuant to s.

  4  159.8081. This allocation shall be increased in subsequent

  5  years in increments of $7.5 million as follows:  On January 1

  6  of each year, if at least 75 percent of the preceding year's

  7  allocation under this subsection was used to issue bonds by

  8  November 15 of that year, the allocation to the pool for the

  9  current year must equal the sum of the amount that was

10  allocated to the pool in the preceding year plus an additional

11  $7.5 million.  If, however, 75 percent of the preceding year's

12  allocation was not used to issue bonds by November 15, the

13  allocation to the pool for the current year must be the same

14  amount as that allocated to the pool in the preceding year.

15         (b)  On January 1, 2000, the next $10 million of the

16  state volume limitation must be allocated to the agricultural

17  development pool established under s. 159.8082. This

18  allocation must be increased in subsequent years in increments

19  of $2 million as follows: on January 1 of each year, if at

20  least 75 percent of the preceding year's allocation under this

21  subsection was used to issue bonds by November 15 of that

22  year, the allocation to the pool for the current year must

23  equal the sum of the amount that was allocated to the pool in

24  the preceding year plus an additional $2 million; if, however,

25  75 percent of the preceding year's allocation was not used to

26  issue bonds by November 15, the allocation to the pool for the

27  current year must be the same amount as that allocated to the

28  pool in the preceding year.

29         (c)(b)  If on January 1 of any year, under federal law,

30  bonds for manufacturing facilities or agricultural development

31  no longer require or are eligible for an allocation pursuant

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  1  to s. 146 of the Code or if a separate volume cap is

  2  established for agricultural development bonds under federal

  3  law, the allocation of the state volume limitation in the

  4  manufacturing facility pool or agricultural development pool,

  5  or both, if applicable shall be divided among the remaining

  6  pools in the following manner: 50 percent to be shared by the

  7  16 regions for use in the manner prescribed in subsection (2);

  8  25 percent for use by the Florida Housing Finance Agency in

  9  the manner prescribed in subsection (3); 5 percent for use in

10  the state allocation pool in the manner prescribed in

11  subsection (4); and 20 percent for use in the Florida First

12  Business allocation pool in the manner prescribed in

13  subsection (5).

14         (d)(c)  If the state volume limitation imposed on

15  private activity bonds under s. 146 of the Code is decreased,

16  the amount allocated to the manufacturing facility pool shall

17  be decreased in proportion to the percentage the state volume

18  limitation is decreased.

19         (2)(a)  Fifty percent of the state volume limitation

20  remaining after the allocations allocation made pursuant to

21  subsection (1) shall be allocated among the regions

22  established in paragraph (b) for use by all agencies whose

23  boundaries are coterminous with or contained within each

24  region. The volume limitation for each regional allocation

25  pool must be an amount that bears the same ratio to 50 percent

26  of the state volume limitation remaining after the allocation

27  made pursuant to subsection (1) for such calendar year as the

28  population of the region bears to the population of the entire

29  state.

30         (b)  The following regions are established for the

31  purposes of this allocation:

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  1         1.  Region 1 consisting of Bay, Escambia, Holmes,

  2  Okaloosa, Santa Rosa, Walton, and Washington Counties.

  3         2.  Region 2 consisting of Calhoun, Franklin, Gadsden,

  4  Gulf, Jackson, Jefferson, Leon, Liberty, and Wakulla Counties.

  5         3.  Region 3 consisting of Alachua, Bradford, Columbia,

  6  Dixie, Gilchrist, Hamilton, Lafayette, Madison, Suwannee,

  7  Taylor, and Union Counties.

  8         4.  Region 4 consisting of Baker, Clay, Flagler,

  9  Nassau, Putnam, and St. Johns Counties.

10         5.  Region 5 consisting of Citrus, Hernando, Levy,

11  Marion, Pasco, and Sumter Counties.

12         6.  Region 6 consisting of Brevard, Lake, Osceola,

13  Seminole, and Volusia Counties.

14         7.  Region 7 consisting of DeSoto, Hardee, Highlands,

15  Manatee, Okeechobee, and Polk Counties.

16         8.  Region 8 consisting of Charlotte, Collier, Glades,

17  Hendry, Lee, Monroe, and Sarasota Counties.

18         9.  Region 9 consisting of Indian River, Martin, and

19  St. Lucie Counties.

20         10.  Region 10 consisting of Broward County.

21         11.  Region 11 consisting of Dade County.

22         12.  Region 12 consisting of Duval County.

23         13.  Region 13 consisting of Hillsborough County.

24         14.  Region 14 consisting of Orange County.

25         15.  Region 15 consisting of Palm Beach County.

26         16.  Region 16 consisting of Pinellas County.

27         (3)(a)  Twenty-five percent of the state volume

28  limitation remaining after the allocations allocation made

29  pursuant to subsection (1) shall be allocated to the Florida

30  Housing Finance Agency for use in connection with the issuance

31  of housing bonds of that agency or its assigns.

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  1         (b)  The Florida Housing Finance Agency need not apply

  2  to the division for an allocation of its volume limitation

  3  granted under paragraph (a) for bonds it issues prior to July

  4  1 of any year and is not subject to the fee required under s.

  5  159.811.  However, for bonds it intends to issue between July

  6  1 and September 29 of any year, utilizing the allocation

  7  granted under paragraph (a), the Florida Housing Finance

  8  Agency must submit a notice of intent to issue to the division

  9  not later than June 30 of such year, and a written

10  confirmation of allocation shall be granted if a sufficient

11  amount of that allocation is available.

12         (c)  The Florida Housing Finance Agency, in its

13  discretion, may, prior to July 1 of each year, assign any

14  portion of the Florida Housing Finance Agency allocation to

15  any agency for the issuance of housing bonds, taking into

16  consideration the ability of the agency to timely issue such

17  bonds, the need and public purpose to be served by the issue,

18  and the ability of the agency to comply with the requirements

19  of federal and state law.  Such assignment is not effective

20  until receipt by the division of notification of the

21  assignment.  A separate allocation from the division is not

22  needed for bonds issued prior to July 1 utilizing such an

23  assignment.  An agency that intends to utilize such an

24  assignment to issue housing bonds between July 1 and September

25  29 of any year must submit a notice of intent to issue to the

26  division for the amount of such assignment not later than June

27  30, and a written confirmation of allocation shall be granted

28  if a sufficient amount of the allocation under paragraph (a)

29  is available.  Any amounts representing assignments of which

30  the division had been notified by the Florida Housing Finance

31  Agency but for which an issuance report or notice of intent to

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  1  issue pursuant to this subsection has not been received by the

  2  division by June 30 of any year shall be reallocated to the

  3  state allocation pool on July 1 of that year.

  4         (4)  Five percent of the state volume limitation

  5  remaining after the allocations allocation made pursuant to

  6  subsection (1) shall be allocated to the state allocation

  7  pool, for use as provided in s. 159.807.

  8         (5)  Twenty percent of the state volume limitation

  9  remaining after the allocations allocation made pursuant to

10  subsection (1) shall be allocated to the Florida First

11  Business allocation pool, to be used as provided in s.

12  159.8083.

13         Section 10.  Subsection (3) of section 159.809, Florida

14  Statutes, is amended to read:

15         159.809  Recapture of unused amounts.--

16         (3)  On November 16 of each year, any portion of the

17  initial allocation, made pursuant to s. 159.804(1), s.

18  159.804(5), or subsection (1) or subsection (2), other than as

19  provided in ss. 159.8082 and s. 159.8083, for which an

20  issuance report for bonds utilizing such an allocation has not

21  been received by the division prior to that date shall be

22  added to the state allocation pool.

23         Section 11.  Subsection (5) of section 570.46, Florida

24  Statutes, 1998 Supplement, is amended to read:

25         570.46  Division of Standards; powers and duties.--The

26  duties of the Division of Standards include, but are not

27  limited to:

28         (5)  Testing samples, including those submitted by the

29  Department of Management Services and the Department of

30  Education, to establish and verify conformity with state

31  specifications.

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  1         Section 12.  Subsection (7) is added to section 570.48,

  2  Florida Statutes, to read:

  3         570.48  Division of Fruit and Vegetables; powers and

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

  5  Vegetables include, but are not limited to:

  6         (7)  Appointing, certifying, licensing, and supervising

  7  inspectors whose duties shall be to inspect fruit and

  8  vegetables regulated by state law where no federal law

  9  requires such inspectors to be licensed or certified by the

10  federal government, other provisions of the law

11  notwithstanding.

12         Section 13.  Subsections (5) and (6) of section

13  570.952, Florida Statutes, 1998 Supplement, are amended to

14  read:

15         570.952  Florida Agriculture Center and Horse Park

16  Authority.--

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

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

19  official.

20         (5)(6)  Beginning January 1, 1995, The commissioner

21  shall submit information annually to the Speaker of the House

22  of Representatives and the President of the Senate reporting

23  the activities of the Florida Agriculture Center and Horse

24  Park Authority and the progress of the Florida Agriculture

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

26  pertinent planning, budgeting, and operational information

27  concerning the authority.

28         Section 14.  Section 570.235, Florida Statutes, is

29  created to read:

30         570.235  Pest Exclusion Advisory Committee.--

31

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

  2  Exclusion Advisory Committee. The advisory committee shall be

  3  composed of 24 members.

  4         (a)  The Commissioner of Agriculture shall appoint 17

  5  members representing the following:

  6         1.  Two members from the Florida Department of

  7  Agriculture and Consumer Services.

  8         2.  Two citizens at large.

  9         3.  One member from each of the following agricultural

10  production groups:

11         a.  Row crops.

12         b.  Citrus.

13         c.  Horticulture.

14         d.  Forestry.

15         e.  Cattle.

16         f.  Dairy.

17         g.  Pork.

18         h.  Poultry.

19         i.  Horses.

20         j.  Aquaculture.

21         k.  Apiary.

22         4.  One member representing research programs in the

23  state's land grant institutions.

24         5.  One member representing extension programs in the

25  state's land grant institutions.

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

27  the following 7 members:

28         1.  Two members representing and appointed by the

29  Animal and Plant Health Inspection Service, United States

30  Department of Agriculture.

31

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  1         2.  One member representing and appointed by the

  2  Florida Department of Health.

  3         3.  One member representing and appointed by the

  4  Florida Department of Environmental Protection.

  5         4.  One member representing and appointed by the

  6  Florida Game and Fresh Water Fish Commission.

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

  8  Representatives.

  9         6.  One member appointed by the President of the

10  Senate.

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

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

13  reviewing and evaluating the state's existing and future

14  exclusion, detection, and eradication programs. The

15  Commissioner of Agriculture shall appoint the chair of the

16  committee. In evaluating the programs, the advisory committee

17  shall:

18         (a)  Require the scientific community to provide

19  necessary scientific background on Florida's programs. Using

20  such information, the committee shall evaluate the scientific

21  basis for the programs.

22         (b)  Review current Florida laws and regulations and

23  recommend changes.

24         (c)  Identify exotic plants and pests in foreign

25  countries that pose a significant threat to consumer safety

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

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

28  offer recommendations for specific programmatic activities to

29  address such risk.

30         (e)  Study the possibility of partnerships with other

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

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

  2  implementing a pest exclusion program.

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

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

  5  eradication program.

  6         (g)  Make recommendations to the Commissioner of

  7  Agriculture, the Governor, the Speaker of the House of

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

  9  changes in these programs, including funding requirements and

10  needs.

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

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

13  of the House of Representatives, and the President of the

14  Senate by January 1, 2001.

15         Section 15.  Section 581.184, Florida Statutes, is

16  amended to read:

17         581.184  Promulgation of rules; citrus canker

18  eradication; voluntary destruction agreements; buffer area.--

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

20  under this chapter the department is directed to adopt rules

21  specifying facts and circumstances that, if present, would

22  require the destruction of plants for purposes of eradicating,

23  controlling, or preventing the dissemination of citrus canker

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

25  to adopt rules regarding the conditions under which citrus

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

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

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

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

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

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

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  1  for the conduct of any activity regulated by such rules

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

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

  4  plants declared by the department to be imminently dangerous

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

  6  exposed to infection and likely to communicate same.  The

  7  terms of such agreement may also require the destruction of

  8  healthy plants under specified conditions.  Any such

  9  destruction shall be done after reasonable notice in a manner

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

11  Such agreements may include releases and waivers of liability

12  and may require the agreement of other persons.

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

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

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

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

17  shall develop a compensation plan for the trees removed from

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

19  buffer area is subject to annual legislative appropriation.

20         Section 16.  Subsection (1) of section 588.011, Florida

21  Statutes, is amended to read:

22         588.011  Legal fence; requirements.--

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

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

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

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

27  using battens, up to 60 feet apart for non-electric and 150

28  feet apart for electric if constructed with high tensile wire

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

30  considered as a legal fence.

31

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  1         Section 17.  Section 588.12, Florida Statutes, is

  2  amended to read:

  3         588.12  Livestock at large; legislative

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

  5  a statewide livestock law embracing all lands public roads of

  6  the state and necessity that its application be uniform

  7  throughout the state, except as hereinafter provided.

  8         Section 18.  Subsection (3) of section 588.13, Florida

  9  Statutes, is amended to read:

10         588.13  Definitions.--In construing ss. 588.12-588.25

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

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

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

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

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

16  public safety public road of this state and either apparently

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

18         Section 19.  Section 588.14, Florida Statutes, is

19  repealed.

20         Section 20.  Section 588.16, Florida Statutes, is

21  amended to read:

22         588.16  Authority to impound livestock running at large

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

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

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

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

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

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

29         Section 21.  Subsection (1) of section 588.17, Florida

30  Statutes, is amended to read:

31         588.17  Disposition of impounded livestock.--

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

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

  3  enforcement officers of the county, the county animal control

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

  5  forthwith serve written notice upon the owner, advising such

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

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

  8  impounding, and that unless such livestock be redeemed within

  9  3 days from date thereof that the same shall be offered for

10  sale.

11         Section 22.  Section 588.18, Florida Statutes, is

12  amended to read:

13         588.18  Livestock at large; fees.--The fees allowed for

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

15  disposing of impounded animals shall be determined by the

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

17  designees, or any other law enforcement officer in the

18  pursuit, or in the capture, handling, or care of the livestock

19  are the sole responsibility of the sheriff or other law

20  enforcement agency. as follows:

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

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

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

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

25  per mile.

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

27  $5 per day per animal.

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

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

30  property for sale under process.

31

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  1         (5)  For sale or other dispositions of impounded

  2  animals, the sum of $5.

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

  4  of $2.50.

  5         Section 23.  Section 588.19, Florida Statutes, is

  6  amended to read:

  7         588.19  Failure to secure purchaser or insufficient

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

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

10  unable to locate the owner through the notice procedures

11  described in this chapter, the sheriff shall sell the

12  livestock at the nearest livestock auction yard. The proceeds

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

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

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

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

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

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

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

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

21  the same shall be disbursed in the manner hereinafter

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

23  the alternative, the sheriff may shall forthwith deliver the

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

25  municipality within said county or to any private charitable

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

27  needs.

28         Section 24.  Section 589.081, Florida Statutes, is

29  amended to read:

30         589.081  Withlacoochee State Forest and Goethe State

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

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  1  Division of Forestry shall pay 15 percent of the gross

  2  receipts from Withlacoochee State Forest and the Goethe State

  3  Forest to each county in which a portion of such forests is

  4  located, Hernando, Citrus, Sumter, Levy, and Pasco Counties in

  5  proportion to the forest acreage located in each county.  The

  6  funds must be equally divided between the board of county

  7  commissioners and the school board of each county.

  8         Section 25.  Section 593.1141, Florida Statutes, is

  9  amended to read:

10         593.1141  Authority to enter agreements with the Farm

11  Service Agency Agricultural Stabilization and Conservation

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

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

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

15  purpose of allowing a cotton grower to tender payment of

16  assessments, including penalties, to the FSA ASCS.

17         Section 26.  Section 616.05, Florida Statutes, is

18  amended to read:

19         616.05  Amendment of charter.--Any fair association

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

21  resolution as provided in its bylaws.  The proposed amendment

22  shall be submitted to the department for approval.  When

23  approved, the proposed amendment, upon publication of notice

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

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

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

27  circuit judge approving and allowing the amendment, and being

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

29  original charter.

30         Section 27.  Subsection (1) of section 616.07, Florida

31  Statutes, is amended to read:

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  1         616.07  Members not personally liable; property of

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

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

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

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

  6  association shall be distributed as profits or dividends among

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

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

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

10  public property, administered by the association as trustee,

11  to be used exclusively for the legitimate purpose of the

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

13  forms of taxation, including special assessments.

14         Section 28.  Section 616.08, Florida Statutes, is

15  amended to read:

16         616.08  Additional powers of association.--Every fair

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

18  public fairs and expositions annually and for such purpose to

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

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

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

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

23  discretion, from time to time for public fair or exposition

24  purposes; to charge and receive compensation for admission to

25  those fairs and expositions, for the sale or renting of space

26  for exhibitions, and for other privileges; to conduct and hold

27  public meetings; to supervise and conduct lectures and all

28  kinds of demonstration work in connection with or for the

29  improvement of agriculture, horticulture, stockraising and

30  poultry raising, and all kinds of farming and matters

31  connected therewith; to hold exhibits of agricultural and

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  1  horticultural products and livestock, chickens, and other

  2  domestic animals; to give certificates or diplomas of

  3  excellence; to promote the progress of the geographical area

  4  it represents and serves and stimulate public interest in the

  5  advantages and development of that area by providing

  6  facilities for agricultural and industrial exhibitions, public

  7  gatherings, cultural activities, and other functions which the

  8  association determines will enhance the educational, physical,

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

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

11  usual or proper in connection with public fairs and

12  expositions; but this enumeration of particular powers shall

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

14  charter of the association inserted for the regulation of its

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

16  defining, limiting, and regulating the powers of the

17  association or its officers or members; provided, the

18  treasurer or similar officer of the association shall be

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

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

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

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

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

24  and property of the association that may reasonably be

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

26         Section 29.  Section 616.13, Florida Statutes, 1998

27  Supplement, is amended to read:

28         616.13  Restrictions on other amusement rides Licenses

29  upon shows within 5 miles of fair.--No Every person shall

30  engage engaged in the business of providing temporary

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

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

  2  public fair or exposition being operated by a fair

  3  association, when not operating in connection with that fair

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

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

  6         Section 30.  Subsections (1) and (3) of section 616.15,

  7  Florida Statutes, are amended to read:

  8         616.15  Permit from Department of Agriculture and

  9  Consumer Services required.--

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

11  fair association without a permit issued by the department.

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

13  association shall present to the department an application for

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

15  3 months before holding the fair or exposition; this

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

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

18  than $183 for processing the application and making any

19  required investigation.  The fees collected under this

20  subsection shall be deposited in the General Inspection Trust

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

22  the "Agricultural and Livestock Fair Account." At the same

23  time the application is sent to the department, a copy of the

24  application shall be sent to each fair association located

25  within 50 miles of the site of the proposed fair or

26  exposition. The department may issue the permit with the

27  advice and counsel of the Agricultural and Livestock Fair

28  Council, provided the application sets forth:

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

30  or exposition.

31

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

  2  amusement attraction to operate during the fair or exposition.

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

  4  other chief executive officer of the applicant association

  5  certifying the existence of a binding contract entered into by

  6  the association or exposition and the owner of the central

  7  amusement attraction covering the period for which the permit

  8  from the department is applied.  The contract or contracts

  9  between the parties shall be available for inspection by duly

10  authorized agents of the department in administering this

11  chapter.

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

13  association is to conduct and operate the proposed fair or

14  exposition for the benefit and development of the educational,

15  agricultural, horticultural, livestock, charitable,

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

17  of the geographical area the fair or exposition represents and

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

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

20  association before an officer authorized to take

21  acknowledgments.

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

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

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

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

26  cattle, county exhibits, dairy cattle, horticulture, swine,

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

28  America activities, Future Homemakers of America activities,

29  poultry and egg exhibits, and community exhibits, the

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

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

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

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

  3  exposition, and the department shall issue the permit as

  4  provided in this section within 10 days thereafter if the

  5  applicant is properly qualified.

  6         (f)  Proof of liability insurance insuring the

  7  association against liability for injury to persons, in an

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

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

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

11  directors of the association and their home addresses.

12         (3)  Notwithstanding any fair association meeting the

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

14  order a full investigation to determine whether or not the

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

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

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

18  department shall also consider whether any proposed fair or

19  exposition, as set forth in an application for permit, will

20  compete with another public fair or exposition within 50

21  miles, in name, dates of operation, or market. The department

22  may deny, withhold, or withdraw a permit from a fair

23  association upon determination that a proposed fair or

24  exposition competes with another fair or exposition.

25  Preference in permitting shall be given to existing fairs or

26  expositions with established dates, locations, and names. The

27  determination by the department shall be final.

28         Section 31.  Paragraph (b) of subsection (5), paragraph

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

30  section 616.242, Florida Statutes, 1998 Supplement, are

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

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

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

  3         616.242  Safety standards for amusement rides.--

  4         (5)  ANNUAL PERMIT.--

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

  6  to the department a written application on a form prescribed

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

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

  9  business of the owner.

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

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

12  Amusement Identification Number of the amusement ride.

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

14  amusement ride.

15         4.  An affidavit of compliance that the amusement ride

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

17  ride is in general conformance with the requirements of this

18  section and all applicable rules adopted by the department.

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

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

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

22  department. The owner shall request inspection and permitting

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

24  application with the department. The department shall inspect

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

26  affidavit was executed.

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

28  nondestructive testing dated and executed no earlier than 60

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

30  the application with the department. The owner shall request

31  inspection and permitting of the amusement ride within 60 days

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

  2  department shall inspect and permit the amusement ride within

  3  60 days of the date the affidavit was executed.

  4         6.  A request for inspection.

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

  6  department, provide the department a copy of the

  7  manufacturer's current recommended operating instructions in

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

  9  and any written bulletins in the possession of the owner

10  concerning the safety, operation, or maintenance of the

11  amusement ride.

12         (8)  FEES.--

13         (a)  The department may shall by rule establish fees to

14  cover the 100 percent of all costs and expenditures associated

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

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

17  and administrative overhead. The fees must be deposited in the

18  General Inspection Trust Fund.

19         (10)  EXEMPTIONS.--

20         (a)  This section does not apply to:

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

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

23  safety inspectors. Furthermore, the permanent facilities must

24  file an affidavit of the annual inspection with the

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

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

27  Agriculture and Consumer Services may consult annually with

28  the permanent facilities regarding industry safety programs.

29         2.  Any playground operated by a school, local

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

31  playground is an incidental amenity and the operating entity

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  1  is not primarily engaged in providing amusement, pleasure,

  2  thrills, or excitement.

  3         3.  Museums or other institutions principally devoted

  4  to the exhibition of products of agriculture, industry,

  5  education, science, religion, or the arts.

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

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

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

  9  amusement rides is limited to the registered attendees of the

10  convention or trade show.

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

12  games, bowling alleys, miniature golf courses, mechanical

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

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

15  airplanes, parasails, hot air or helium balloons whether

16  tethered or untethered, theatres, batting cages, stationary

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

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

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

20  participation is not open to the public.

21         7.  Nonmotorized playground equipment that is not

22  required to have a manager.

23         8.  Coin-actuated amusement rides designed to be

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

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

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

27  less.

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

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

30

31

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

  2  conform to and must be inspected by the department in

  3  accordance with the following standards:

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

  5  restrictions, size restrictions, health restrictions, weight

  6  limitations, or any other special consideration or use

  7  restrictions required or recommended for the amusement ride by

  8  the manufacturer shall be prominently displayed at the patron

  9  entrance of each amusement ride.

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

11  following bungy operations are prohibited:

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

13  jumping.

14         Section 32.  Subsection (5) is added to section

15  616.251, Florida Statutes, to read:

16         616.251  Florida State Fair Authority; creation;

17  responsibility for staging annual state fair.--

18         (5)  Lands acquired by the authority, or by any other

19  entity on behalf of the authority, for development and use as

20  a state fair grounds shall be exempt from the provisions of s.

21  380.06.

22         Section 33.  Section 616.260, Florida Statutes, is

23  amended to read:

24         616.260  Tax exemption of authority.--It is hereby

25  found and determined that all of the projects authorized by

26  this part constitute essential governmental purposes, and all

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

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

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

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

31  or instrumentality thereof.  However, nothing in this section

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  1  shall grant any person other than the authority an exemption

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

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

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

  5  property for exemption under s. 196.199.  The exemption

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

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

  8  obligations owned by corporations.  The property of the

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

10         Section 34.  Paragraph (c) of subsection (3) of section

11  823.14, Florida Statutes, is amended to read:

12         823.14  Florida Right to Farm Act.--

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

14         (c)  "Farm product" means any plant, as defined by s.

15  581.011, or animal useful to humans and includes, but is not

16  limited to, any product derived therefrom.

17         Section 35.  Subsection (4) is added to section 828.12,

18  Florida Statutes, to read:

19         828.12  Cruelty to animals.--

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

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

22  entertainment or sport shall be guilty of a third degree

23  felony, punishable as provided in s. 775.082, s. 775.083, or

24  s. 775.084.  As used in this subsection, "trip" means any act

25  that consists of the use of any wire, pole, stick, rope or

26  other apparatus to cause a horse to fall or lose its balance,

27  and "horse" means any animal of any registered breed of the

28  genus equus, or any recognized hybrid thereof. The provisions

29  of this subsection shall not apply when tripping is used:

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

31  threat to other livestock or human beings;

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

  2  horse when its ownership is unknown; or

  3         (c)  For the purpose of administering veterinary care

  4  to the horse.

  5         Section 36.  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, provided that the person is in compliance with

18  recognized livestock husbandry practices.

19         Section 37.  Subsection (2) of section 823.14, Florida

20  Statutes, is amended, and paragraphs (c) and (d) are added to

21  subsection (4) of said section, to read:

22         823.14  Florida Right to Farm Act.--

23         (2)  LEGISLATIVE FINDINGS AND PURPOSE.--

24         (a)  The Legislature finds that agricultural production

25  is a major contributor to the economy of the state; that

26  agricultural lands constitute unique and irreplaceable

27  resources of statewide importance; that the continuation of

28  agricultural activities preserves the landscape and

29  environmental resources of the state, contributes to the

30  increase of tourism, and furthers the economic

31  self-sufficiency of the people of the state; and that the

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  1  encouragement, development, improvement, and preservation of

  2  agriculture will result in a general benefit to the health and

  3  welfare of the people of the state.  The Legislature further

  4  finds that agricultural activities conducted on farm land in

  5  urbanizing areas are potentially subject to lawsuits based on

  6  the theory of nuisance and that these suits encourage and even

  7  force the premature removal of the farm land from agricultural

  8  use.  It is the purpose of this act to protect reasonable

  9  agricultural activities conducted on farm land from nuisance

10  suits.

11         (b)  The Legislature finds that animal husbandry

12  contributes no less than twenty percent to the agriculture

13  industry.  The Legislature also finds that exposure of

14  livestock to continuous sound, particularly that of music, is

15  beneficial to agriculture.  It allows livestock to become

16  accustomed to people and a variety of sounds.  In turn, this

17  makes the animals less inclined to negative stress reactions

18  at the time of being moved or otherwise handled by people.

19  The Legislature further finds that providing music to

20  livestock is a common practice among farmers that results in

21  healthier animals, producing a finer product.

22         (4)  FARM OPERATION NOT TO BE OR BECOME A NUISANCE.--

23         (c)  Except as expressly provided by general law, the

24  Legislature hereby declares that it is occupying the whole

25  field of regulation of nuisances resulting from the noise of

26  commercial raising of livestock, to the exclusion of all

27  existing and future county, city, town, or municipal

28  ordinances or regulations relating thereto.  Any such existing

29  ordinances are hereby declared null and void.  This paragraph

30  shall not affect zoning ordinances which encompass commercial

31  agriculture.  Zoning ordinances which are designed for the

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  1  purpose of restricting the noise from commercial raising of

  2  livestock are in conflict with this paragraph and are

  3  prohibited.

  4         (d)  No commercial farm operation in this state

  5  involving the raising of livestock shall be limited in any way

  6  from using amplified sounds designed to enhance animal

  7  husbandry, including music intended to make animals less

  8  inclined to negative stress reactions; provided, however, that

  9  no person shall be required to be subjected to amplified

10  sounds of 85 decibels or louder for a continuous 8-hour

11  period.

12         Section 38.  A special assessment imposed upon a fair

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

14  municipality, political subdivision, agency, or

15  instrumentality thereof before the effective date of this act,

16  which has not been paid as of the effective date of this act,

17  shall not be due from the fair association or state fair.

18         Section 39.  This act shall take effect July 1, 1999.

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