Senate Bill 2066

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    Florida Senate - 1999                                  SB 2066

    By Senator Thomas





    3-1106B-99

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Agriculture and Consumer Services; amending s.

  4         501.913, F.S., relating to the registration of

  5         brands of antifreeze distributed in the state;

  6         providing that the registrant assumes

  7         responsibility for the product's quality;

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

  9         requirements for labeling antifreeze; amending

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

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

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

13         the department to impose additional penalties;

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

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

16         Weights and Measures Act of 1971; amending s.

17         570.191, F.S., relating to the Agricultural

18         Emergency Eradication Trust Fund; providing for

19         funds to be used for other agricultural

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

21         relating to duties of the Division of Standards

22         with respect to verifying certain testing

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

24         the Division of Fruit and Vegetables to certify

25         and supervise certain inspectors; repealing s.

26         570.952(5), F.S., relating to the Florida

27         Agriculture Center and Horse Park Authority;

28         amending s. 589.081, F.S.; revising

29         requirements for payments to counties within

30         the Withlacoochee State Forest and Goethe State

31         Forest by the Division of Forestry; amending s.

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  1         593.1141, F.S.; conforming a reference to the

  2         Farm Service Agency for purposes of certain

  3         agreements of the department; amending s.

  4         616.05, F.S.; providing requirements for fair

  5         associations in publishing proposed amendments

  6         to a charter; amending s. 616.07, F.S.;

  7         providing that property held in trust by a fair

  8         association is exempt from special assessments;

  9         amending s. 616.08, F.S.; clarifying provisions

10         authorizing a fair association to sell,

11         mortgage, or lease property; amending s.

12         616.13, F.S.; revising certain restrictions on

13         temporary amusement rides with respect to

14         location of operation; deleting a license tax

15         imposed on such rides; amending s. 616.15,

16         F.S.; providing additional requirements for

17         obtaining a permit to conduct a public fair or

18         exposition; requiring that the department give

19         preference to established fair associations in

20         issuing permits; amending s. 616.242, F.S.,

21         relating to safety standards for amusement

22         rides; revising requirements for the

23         application for a permit to operate a ride;

24         revising requirements for the department in

25         setting permit fees; requiring that certain

26         notices be posted at entrances to amusement

27         rides; prohibiting bungy catapulting or reverse

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

29         providing that the Florida State Fair Authority

30         is exempt from special assessments; providing

31         that certain special assessments are not due

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  1         from a fair association or state fair; amending

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

  3         the term "farm product" for purposes of the

  4         Florida Right to Farm Act; creating the Pest

  5         Exclusion Advisory Committee within the

  6         department; providing for membership; providing

  7         for governance of the committee; requiring that

  8         the committee conduct certain evaluations and

  9         studies; requiring a report to the Governor,

10         the Legislature, and the Commissioner of

11         Agriculture; providing an effective date.

12

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

14

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

16  Statutes, is amended to read:

17         501.913  Registration.--

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

19  state shall be registered with the department prior to

20  distribution.  The person whose name appears on the label as

21  the manufacturer or packager shall make application to the

22  department on forms provided by the department no later than

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

24  register the brand, full responsibility for the quality and

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

26  this state.

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

28  Statutes, is amended to read:

29         501.916  Mislabeling of antifreeze.--Antifreeze shall

30  be deemed to be mislabeled:

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

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  1         (a)  The brand of the product.

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

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

  4  packager, or distributor, or registrant.

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

  6  liquid measure) separately and accurately in a uniform

  7  location upon the principal display panel.

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

  9  substantial injury to human beings which may result from the

10  intended use or reasonably foreseeable misuse of the

11  antifreeze.

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

13  the antifreeze agent.

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

15  or concentration of the antifreeze to be used to provide

16  claimed protection from freezing at a specified degree or

17  degrees of temperature, claimed protection from corrosion, or

18  claimed increase of boiling point or protection from

19  overheating.

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

21  Statutes, is amended to read:

22         501.919  Enforcement; stop-sale order.--

23         (3)  Sections 501.91-501.923 do not Nothing in this act

24  shall be construed to require the department to report for

25  prosecution or for institution of libel proceedings any minor

26  violations of ss. 501.91-501.923 the act whenever it believes

27  that the public interest will be best served by a suitable

28  notice of warning in writing to the violator registrant or the

29  person whose name and address appears on the label.

30         Section 4.  Section 501.922, Florida Statutes, is

31  amended to read:

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  1         501.922  Violation.--

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

  3  more of the following penalties against any person who

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

  5  hinders the department in performing its duties under those

  6  sections:

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

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

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

10  and intentionally violates ss. 501.91-501.923, the

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

12         (b)  Revocation or suspension of any registration

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

14  exceed 1 year.

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

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

17  fine, the department may suspend all registrations issued to

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

19  registration with the department of any person who violates

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

21  act may be subject to suspension or revocation.  Any

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

23  suspension or revocation, for each violation, the department

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

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

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

27  suspended until such time as the fine is paid.

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

29  deposited in the General Inspection Trust Fund.

30         Section 5.  Section 531.54, Florida Statutes, is

31  repealed.

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  1         Section 6.  Section 570.191, Florida Statutes, 1998

  2  Supplement, is amended to read:

  3         570.191  Agricultural Emergency Eradication Trust

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

  5  Agricultural Emergency Eradication Trust Fund. Funds in the

  6  trust fund may be made available upon certification by the

  7  commissioner that an agricultural emergency exists and that

  8  funds specifically appropriated for the emergency's purpose

  9  are exhausted or insufficient to eliminate the agricultural

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

11  or plant disease, insect infestation, or plant or pest

12  endangering or threatening the horticultural, aquacultural, or

13  other and agricultural interests in this state.

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

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

16  Florida, is repealed.

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

18  Florida Statutes, to read:

19         570.48  Division of Fruit and Vegetables; powers and

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

21  Vegetables include, but are not limited to:

22         (7)  Notwithstanding any other provision of law,

23  appointing, certifying, licensing, and supervising inspectors

24  whose duties are to inspect fruit and vegetables that are

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

26  inspectors to be licensed or certified by the federal

27  government.

28         Section 9.  Subsection (5) of section 570.952, Florida

29  Statutes, as amended by section 7 of chapter 98-396, Laws of

30  Florida, is repealed.

31

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  1         Section 10.  Section 589.081, Florida Statutes, is

  2  amended to read:

  3         589.081  Withlacoochee State Forest and Goethe State

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

  5  Division of Forestry shall pay 15 percent of the gross

  6  receipts from Withlacoochee State Forest and the Goethe State

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

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

  9  Counties in proportion to the forest acreage located in each

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

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

12         Section 11.  Section 593.1141, Florida Statutes, is

13  amended to read:

14         593.1141  Authority to enter agreements with the Farm

15  Service Agency Agricultural Stabilization and Conservation

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

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

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

19  purpose of allowing a cotton grower to tender payment of

20  assessments, including penalties, to the FSA ASCS.

21         Section 12.  Section 616.05, Florida Statutes, is

22  amended to read:

23         616.05  Amendment of charter.--Any fair association

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

25  resolution as provided in its bylaws.  The proposed amendment

26  shall be submitted to the department for approval.  When

27  approved, the proposed amendment, upon publication of notice

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

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

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

31  circuit judge approving and allowing the amendment, and being

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

  2  original charter.

  3         Section 13.  Subsection (1) of section 616.07, Florida

  4  Statutes, is amended to read:

  5         616.07  Members not personally liable; property of

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

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

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

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

10  association shall be distributed as profits or dividends among

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

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

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

14  public property, administered by the association as trustee,

15  to be used exclusively for the legitimate purpose of the

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

17  forms of taxation, including special assessments.

18         Section 14.  Section 616.08, Florida Statutes, is

19  amended to read:

20         616.08  Additional powers of association.--Every fair

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

22  public fairs and expositions annually and for such purpose to

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

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

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

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

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

28  or expositions; to charge and receive compensation for

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

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

31  conduct and hold public meetings; to supervise and conduct

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  1  lectures and all kinds of demonstration work in connection

  2  with or for the improvement of agriculture, horticulture,

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

  4  matters connected therewith; to hold exhibits of agricultural

  5  and horticultural products and livestock, chickens, and other

  6  domestic animals; to give certificates or diplomas of

  7  excellence; to promote the progress of the geographical area

  8  it represents and serves and stimulate public interest in the

  9  advantages and development of that area by providing

10  facilities for agricultural and industrial exhibitions, public

11  gatherings, cultural activities, and other functions which the

12  association determines will enhance the educational, physical,

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

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

15  usual or proper in connection with public fairs and

16  expositions; but this enumeration of particular powers shall

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

18  charter of the association inserted for the regulation of its

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

20  defining, limiting, and regulating the powers of the

21  association or its officers or members; provided, the

22  treasurer or similar officer of the association shall be

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

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

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

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

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

28  and property of the association that may reasonably be

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

30         Section 15.  Section 616.13, Florida Statutes, 1998

31  Supplement, is amended to read:

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  1         616.13  Restrictions on temporary amusement rides

  2  Licenses upon shows within 5 miles of fair.--A Every person

  3  may not engage engaged in the business of providing temporary

  4  amusement rides, as defined in s. 616.242, within a 20-mile

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

  6  public fair or exposition being operated by a fair

  7  association, when not operating in connection with that fair

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

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

10         Section 16.  Subsections (1) and (3) of section 616.15,

11  Florida Statutes, are amended to read:

12         616.15  Permit from Department of Agriculture and

13  Consumer Services required.--

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

15  fair association without a permit issued by the department.

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

17  association shall present to the department an application for

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

19  3 months before holding the fair or exposition; this

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

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

22  than $183 for processing the application and making any

23  required investigation.  The fees collected under this

24  subsection shall be deposited in the General Inspection Trust

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

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

27  application must be sent to each fair association located

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

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

30  The department may issue the permit with the advice and

31

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  1  counsel of the Agricultural and Livestock Fair Council,

  2  provided the application sets forth:

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

  4  or exposition.

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

  6  amusement attraction to operate during the fair or exposition.

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

  8  other chief executive officer of the applicant association

  9  certifying the existence of a binding contract entered into by

10  the association or exposition and the owner of the central

11  amusement attraction covering the period for which the permit

12  from the department is applied.  The contract or contracts

13  between the parties shall be available for inspection by duly

14  authorized agents of the department in administering this

15  chapter.

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

17  association is to conduct and operate the proposed fair or

18  exposition for the benefit and development of the educational,

19  agricultural, horticultural, livestock, charitable,

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

21  of the geographical area the fair or exposition represents and

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

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

24  association before an officer authorized to take

25  acknowledgments.

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

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

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

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

30  cattle, county exhibits, dairy cattle, horticulture, swine,

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

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  1  America activities, Future Homemakers of America activities,

  2  poultry and egg exhibits, and community exhibits, the

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

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

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

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

  7  exposition, and the department shall issue the permit as

  8  provided in this section within 10 days thereafter if the

  9  applicant is properly qualified.

10         (f)  Proof of liability insurance insuring the

11  association against liability for injury to persons, in an

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

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

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

15  directors of the association and their home addresses.

16         (3)  Notwithstanding any fair association meeting the

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

18  order a full investigation to determine whether or not the

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

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

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

22  department shall also consider whether any proposed fair or

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

24  compete with another public fair or exposition within 50 miles

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

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

27  withdraw a permit from a fair association if the department

28  determines that such fair association will compete with

29  another association. The department shall give preference to

30  existing fair associations with established dates, locations,

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

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  1         Section 17.  Subsections (5), (8), (10), (11), and (17)

  2  of section 616.242, Florida Statutes, 1998 Supplement, are

  3  amended to read:

  4         616.242  Safety standards for amusement rides.--

  5         (5)  ANNUAL PERMIT.--

  6         (a)  An amusement ride may not be operated without a

  7  current annual permit.

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

  9  to the department a written application on a form prescribed

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

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

12  business of the owner.

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

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

15  Amusement Identification Number of the amusement ride.

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

17  amusement ride.

18         4.  An affidavit of compliance that the amusement ride

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

20  ride is in general conformance with the requirements of this

21  section and all applicable rules adopted by the department.

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

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

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

25  department. The owner shall request inspection and permitting

26  of the amusement ride within 30 days after the date of filing

27  the application with the department, and the department shall

28  inspect and permit the amusement ride within 90 days after the

29  date the affidavit is executed.

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

31  nondestructive testing dated and executed no earlier than 60

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  1  days before, but not later than, prior to the date of the

  2  filing of the application with the department. The owner shall

  3  request inspection and permitting of the amusement ride within

  4  30 days after the date of filing the application with the

  5  department, and the department shall inspect and permit the

  6  amusement ride within 90 days after the date the affidavit is

  7  executed.

  8         6.  A request for inspection.

  9         (c)7.  Upon request, the owner shall provide the

10  department a copy of the manufacturer's current recommended

11  operating instructions in the possession of the owner, the

12  owner's operating fact sheet, and any written bulletins in the

13  possession of the owner concerning the safety, operation, or

14  maintenance of the amusement ride.

15         (d)(c)  An annual permit must be issued by the

16  department to the owner of an amusement ride when a completed

17  application has been received, the amusement ride has passed

18  the department's inspection, and all applicable fees, as set

19  by rule of the department, have been paid.

20         (e)(d)  The annual permit is valid for 1 year from the

21  date of issue and is not transferable.

22         (f)(e)  The annual permit must be displayed on the

23  amusement ride in a place visible to patrons of the amusement

24  ride.

25         (g)(f)  Each go-kart track at the same permanent

26  facility is considered a separate amusement ride.

27         (h)(g)  Amusement rides at water parks which operate

28  from the same deck or level are considered one amusement ride.

29         (8)  FEES.--

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

31  cover the 100 percent of all costs and expenditures associated

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

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

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

  4  General Inspection Trust Fund.

  5         (b)  Any owner of an amusement ride who has not paid

  6  all the fees required under this section or who has any unpaid

  7  fine outstanding under this section may not operate any

  8  amusement ride in this state until the fees and fines have

  9  been paid to the department.

10         (10)  EXEMPTIONS.--

11         (a)  This section does not apply to:

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

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

14  safety inspectors. Furthermore, the permanent facilities must

15  file an affidavit of the annual inspection with the

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

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

18  Agriculture and Consumer Services may consult annually with

19  the permanent facilities regarding industry safety programs.

20         2.  Any playground operated by a school, local

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

22  playground is an incidental amenity and the operating entity

23  is not primarily engaged in providing amusement, pleasure,

24  thrills, or excitement.

25         3.  Museums or other institutions principally devoted

26  to the exhibition of products of agriculture, industry,

27  education, science, religion, or the arts.

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

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

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

31

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  1  amusement rides is limited to the registered attendees of the

  2  convention or trade show.

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

  4  games, bowling alleys, miniature golf courses, mechanical

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

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

  7  airplanes, parasails, hot air or helium balloons whether

  8  tethered or untethered, theatres, batting cages, stationary

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

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

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

12  participation is not open to the public.

13         7.  Nonmotorized playground equipment that is not

14  required to have a manager.

15         8.  Coin-actuated amusement rides designed to be

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

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

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

19  less.

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

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

22         (b)  The department may, by rule, establish exemptions

23  from this section for nonmotorized or human-powered amusement

24  rides or coin-actuated amusement rides.

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

26  conform to and must be inspected by the department in

27  accordance with the following standards:

28         (a)  All mechanical, structural, and electrical

29  components that affect patron safety must be in good working

30  order.

31

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  1         (b)  All control devices, speed-limiting devices,

  2  brakes, and safety equipment designated by the manufacturer

  3  must be in good working order.

  4         (c)  Parts must be properly aligned, and they may not

  5  be bent, distorted, cut, or otherwise injured to force a fit.

  6  Parts requiring lubrication must be lubricated in the course

  7  of assembly. Fastening and locking devices must be installed

  8  where required for safe operation.

  9         (d)  Before being used by the public, an amusement ride

10  must be placed or secured with blocking, cribbing, outriggers,

11  guys, or other means so as to be stable under all operating

12  conditions.

13         (e)  Areas in which patrons may be endangered by the

14  operation of an amusement ride must be fenced, barricaded, or

15  otherwise effectively guarded against inadvertent contact.

16         (f)  Machinery used in or with an amusement ride must

17  be enclosed, barricaded, or otherwise effectively guarded

18  against inadvertent contact.

19         (g)  An amusement ride powered so as to be capable of

20  exceeding its maximum safe operating speed must be provided

21  with a maximum-speed-limiting device.

22         (h)  The interior and exterior parts of all

23  patron-carrying amusement rides with which a patron may come

24  in contact must be smooth and rounded and free from sharp,

25  rough, or splintered edges and corners, with no projecting

26  studs, bolts, screws, or other projections which might cause

27  injury.

28         (i)  Signs must be prominently displayed at the patron

29  entrance of each amusement ride which advise or warn patrons

30  of age restrictions, size restrictions, health restrictions,

31  weight limitations, and any other special consideration or use

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  1  restrictions required or recommended for the amusement ride by

  2  the manufacturer.

  3         (j)(i)  All amusement rides must comply with this

  4  section and the rules adopted hereunder.

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

  6  following bungy operations are prohibited:

  7         (a)  A bungy operation conducted with balloons, blimps,

  8  helicopters, or other aircraft.

  9         (b)  Sand bagging, which is the practice of holding

10  onto any object, including another person, while bungy

11  jumping, for the purpose of exerting more force on the bungy

12  cord to stretch it further, and then releasing the object

13  during the jump causing the jumper to rebound with more force

14  than could be created by the jumper's weight alone.

15         (c)  Tandem or multiple bungy jumping.

16         (d)  Bungy jumping from any bridge, overpass, or any

17  other structure not specifically designed as an amusement

18  ride.

19         (e)  Bungy catapulting or reverse bungy jumping.

20         Section 18.  Section 616.260, Florida Statutes, is

21  amended to read:

22         616.260  Tax exemption of authority.--It is hereby

23  found and determined that all of the projects authorized by

24  this part constitute essential governmental purposes, and all

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

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

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

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

29  or instrumentality thereof.  However, nothing in this section

30  shall grant any person other than the authority an exemption

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

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

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

  3  property for exemption under s. 196.199.  The exemption

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

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

  6  obligations owned by corporations.  The property of the

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

  8         Section 19.  Any special assessment imposed upon a fair

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

10  municipality, political subdivision, agency, or

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

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

13  association or state fair.

14         Section 20.  Paragraph (c) of subsection (3) of section

15  823.14, Florida Statutes, is amended to read:

16         823.14  Florida Right to Farm Act.--

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

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

19  581.011, or animal useful to humans and includes, but is not

20  limited to, any product derived therefrom.

21         Section 21.  (1)  The Pest Exclusion Advisory Committee

22  is created within the Department of Agriculture and Consumer

23  Services. The committee shall be made up of 23 members. The

24  Commissioner of Agriculture shall appoint 15 members as

25  follows:

26         (a)  Two members from the Department of Agriculture and

27  Consumer Services.

28         (b)  Two citizens at large.

29         (c)  One member from each of the following agricultural

30  production groups:

31         1.  Row crops.

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  1         2.  Citrus.

  2         3.  Horticulture.

  3         4.  Forestry.

  4         5.  Cattle.

  5         6.  Dairy.

  6         7.  Pork.

  7         8.  Poultry.

  8         9.  Horses.

  9         10.  Aquaculture.

10         11.  Apiary.

11         (d)  In addition, the committee shall include the

12  following members:

13         1.  Two members from the Animal and Plant Health

14  Inspection Service of the United States Department of

15  Agriculture.

16         2.  One member from research programs in the state's

17  land grant institutions.

18         3.  One member from extension programs in the state's

19  land grant institutions.

20         4.  One member from the Department of Environmental

21  Protection.

22         5.  One member from the Game and Fresh Water Fish

23  Commission.

24         6.  One member appointed by the President of the

25  Senate.

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

27  Representatives.

28         (2)  The advisory committee shall be governed by

29  section 570.0705, Florida Statutes, and shall review and

30  evaluate the state's existing and future pest-exclusion,

31  detection, and eradication programs. The Commissioner of

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  1  Agriculture shall appoint the chairperson of the committee. In

  2  evaluating the programs, the committee shall:

  3         (a)  Evaluate the scientific basis for the state's

  4  programs, based on scientific background information provided

  5  by the scientific community.

  6         (b)  Review current state laws and rules, evaluate

  7  current public policy, and recommend any changes that might be

  8  required in public policy.

  9         (c)  Identify areas that are at a high risk for pest

10  introduction and offer recommendations for special

11  programmatic activities to address the risk in those areas.

12         (d)  Study the possibility of partnerships with other

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

14  activities that may be cost-effective and may help in

15  implementing a pest-exclusion program.

16         (e)  Address any area of concern which is raised

17  regarding the state's pest-exclusion, detection, and

18  eradication programs.

19         (f)  Make recommendations to the Commissioner of

20  Agriculture, the Governor, the President of the Senate, and

21  the Speaker of the House of Representatives regarding the

22  needs of and necessary changes to the state's programs, as

23  well as funding requirements and needs.

24         (3)  The advisory committee shall issue its report to

25  the Commissioner of Agriculture, the Governor, the President

26  of the Senate, and the Speaker of the House of Representatives

27  by January 1, 2001.

28         Section 22.  This act shall take effect upon becoming a

29  law.

30

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Revises various administrative duties of the Department
      of Agriculture and Consumer Services. Revises
  4    requirements for the registration of antifreeze sold in
      the state. Repeals obsolete provisions governing duties
  5    of the Division of Standards. Authorizes the Division of
      Fruit and Vegetables to certify and supervise certain
  6    inspectors. Clarifies that property held in trust by a
      fair association and property of the Florida State Fair
  7    Authority are exempt from special assessments. Revises
      requirements for the department in issuing permits to
  8    conduct a public fair or exposition. Revises application
      requirements for persons who operate amusement rides.
  9    Prohibits bungy catapulting and reverse bungy jumping.
      Creates the Pest Exclusion Advisory Committee within the
10    department. Requires the committee to review the state's
      pest-exclusion, detection, and eradication programs and
11    make recommendations to the Governor and Legislature by
      January 1, 2001.  (See bill for details.)
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