CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS for CS for SB 1114
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Putnam offered the following:
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13 Amendment (with title amendment)
14 On page 15 of the bill, between lines 10 and 11,
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16 insert:
17 Section 9. Subsection (34) is added to section 212.02,
18 Florida Statutes, to read:
19 212.02 Definitions.--The following terms and phrases
20 when used in this chapter have the meanings ascribed to them
21 in this section, except where the context clearly indicates a
22 different meaning:
23 (34) "Agricultural production" means the production of
24 plants and animals useful to humans, including the
25 preparation, planting, cultivating, or harvesting of these
26 products or any other practices necessary to accomplish
27 production through the harvest phase, and includes
28 aquaculture, horticulture, floriculture, viticulture,
29 forestry, dairy, livestock, poultry, bees, and any and all
30 forms of farm products and farm production.
31 Section 10. Paragraphs (a) and (d) of subsection (13)
1
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1114
Amendment No. ___ (for drafter's use only)
1 of section 253.025, Florida Statutes, are amended to read:
2 253.025 Acquisition of state lands for purposes other
3 than preservation, conservation, and recreation.--
4 (13)(a) Notwithstanding the provisions of this chapter
5 and chapters 259 and 375, The Board of Trustees of the
6 Internal Improvement Trust Fund may deed property to the
7 Department of Agriculture and Consumer Services, so that the
8 department shall be able shall have the authority, with the
9 consent of the majority of the Governor and Cabinet, to sell,
10 convey, transfer, exchange, trade, or purchase land on which a
11 forestry facility resides for money or other more suitable
12 property on which to relocate the facility. Any sale or
13 purchase of property by the Department of Agriculture and
14 Consumer Services shall follow the requirements of subsections
15 (5)-(9). Any sale shall be at fair market value, and any trade
16 shall ensure that the state is getting at least an equal value
17 for the property. Except as provided in subsections (5)-(9),
18 the Department of Agriculture and Consumer Services is
19 excluded from following the provisions of this chapter and
20 chapters 259 and 375. This exclusion shall not apply to lands
21 acquired for conservation purposes in accordance with s.
22 253.034(6)(a) or (b).
23 (d) There is hereby created in the Department of
24 Agriculture and Consumer Services the Relocation and
25 Construction Trust Fund. The trust fund is to be used for the
26 sole purpose of effectuating the orderly relocation of the
27 forestry fire towers and work centers as follows: Crestview
28 Work Center, Marianna Work Center, Panama City Headquarters,
29 Tallahassee Headquarters, Southside Towersite, Gainesville
30 Headquarters, Ocala Work Center, Orlando Headquarters,
31 Lakeland Headquarters, Dunedin Work Center, Hamner Towersite,
2
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1114
Amendment No. ___ (for drafter's use only)
1 Bradenton Headquarters, Venetia Towersite, Fort Myers
2 Headquarters, Naples Work Center, Philpot Towersite, Sand Hill
3 Towersite, Mayo Work Center, Benton Towersite, Plymouth
4 Towersite, Longwood Work Center, Oviedo Towersite, Valrico
5 Work Center, and Belle Glade Work Center.
6 Section 11. Subsection (5) of section 482.051, Florida
7 Statutes, is amended to read:
8 482.051 Rules.--The department has authority to adopt
9 rules pursuant to ss. 120.536(1) and 120.54 to implement the
10 provisions of this chapter. Prior to proposing the adoption
11 of a rule, the department shall counsel with members of the
12 pest control industry concerning the proposed rule. The
13 department shall adopt rules for the protection of the health,
14 safety, and welfare of pest control employees and the general
15 public which require:
16 (5) That any pesticide used for preconstruction soil
17 treatments for the prevention of subterranean termites be
18 applied in the amount, concentration, and treatment area in
19 accordance with the label; that a copy of the label of the
20 registered pesticide being applied be carried in a vehicle at
21 the site where the pesticide is being applied; and that the
22 licensee maintain for 3 years the record of each
23 preconstruction soil treatment, indicating the date of
24 treatment, the location or address of the property treated,
25 the total square footage of the structure treated, the type of
26 pesticide applied, the concentration of each substance in the
27 mixture applied, and the total amount of pesticide applied.
28 Section 12. Paragraph (g) is added to subsection (2)
29 of section 482.132, Florida Statutes, to read:
30 482.132 Qualifications for examination and
31 certification.--
3
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Bill No. CS for CS for SB 1114
Amendment No. ___ (for drafter's use only)
1 (2) Each applicant for examination for a pest control
2 operator's certificate must possess the minimum qualifications
3 specified in one of the following paragraphs:
4 (g) Three years' full-time employment as a service
5 employee of the United States Department of Defense, who has
6 been certified to perform pest control in the category or
7 categories in which the applicant seeks certification, 1 year
8 of which employment must have been completed in this state
9 during the year immediately preceding application for
10 examination. Additionally, the application for certification
11 must be submitted to the Department of Agriculture and
12 Consumer Services within 12 months after the date of
13 termination of employment from the Department of Defense.
14 Section 13. Subsection (3) of section 487.041, Florida
15 Statutes, is amended to read:
16 487.041 Registration.--
17 (3) The department shall adopt rules governing the
18 procedures for pesticide registration and for the review of
19 data submitted by an applicant for registration of a
20 pesticide. The department shall determine whether a pesticide
21 should be registered, registered with conditions, or tested
22 under field conditions in this state. The department shall
23 determine that all requests for pesticide registrations meet
24 the requirements of current state and federal law. The
25 department, whenever it deems it necessary in the
26 administration of this part, may require the manufacturer or
27 registrant to submit the complete formula, quantities shipped
28 into or manufactured in the state for distribution and sale,
29 evidence of the efficacy and the safety of any pesticide, and
30 other relevant data. The department may review and evaluate a
31 registered pesticide if new information is made available
4
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Bill No. CS for CS for SB 1114
Amendment No. ___ (for drafter's use only)
1 which indicates that use of the pesticide has caused an
2 unreasonable adverse effect on public health or the
3 environment. Such review shall be conducted upon the request
4 of the Secretary of the Department of Health in the event of
5 an unreasonable adverse effect on public health or the
6 Secretary of the Department of Environmental Protection in the
7 event of an unreasonable adverse effect on the environment.
8 Such review may result in modifications, revocation,
9 cancellation or suspension of a pesticide registration. The
10 department, for reasons of adulteration, misbranding, or other
11 good cause, may refuse or revoke the registration of any
12 pesticide, after notice to the applicant or registrant giving
13 the reason for the decision. The applicant may then request a
14 hearing, pursuant to chapter 120, on the intention of the
15 department to refuse or revoke registration, and, upon his or
16 her failure to do so, the refusal or revocation shall become
17 final without further procedure. In no event shall
18 registration of a pesticide be construed as a defense for the
19 commission of any offense prohibited under this part.
20 Section 14. Subsection (6) is added to section
21 487.081, Florida Statutes, to read:
22 487.081 Exemptions.--
23 (6) The Department of Environmental Protection is not
24 authorized to institute proceedings against any property owner
25 or leaseholder of property under the provisions of s.
26 376.307(5) to recover any costs or damages associated with
27 pesticide contamination of soil or water, or the evaluation,
28 assessment, or remediation of pesticide contamination of soil
29 or water, including sampling, analysis, and restoration of
30 soil or potable water supplies, subject to the following
31 conditions:
5
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Bill No. CS for CS for SB 1114
Amendment No. ___ (for drafter's use only)
1 (a) The pesticide contamination of soil or water is
2 determined to be the result of the use of pesticides by the
3 property owner or leaseholder, in accordance with state and
4 federal law, applicable registered labels, and rules on
5 property classified as agricultural land pursuant to s.
6 193.461;
7 (b) The property owner or leaseholder maintains
8 records of such pesticide applications and such records are
9 provided to the department upon request;
10 (c) In the event of pesticide contamination of soil or
11 water, the department, upon request, shall make such records
12 available to the Department of Environmental Protection;
13 (d) This subsection does not limit regulatory
14 authority under a federally delegated or approved program; and
15 (e) This subsection is remedial in nature and shall
16 apply retroactively.
17 The department, in consultation with the Secretary of the
18 Department of Environmental Protection, may adopt rules
19 prescribing the format, content, and retention time for
20 records to be maintained under this subsection.
21 Section 15. Paragraph (b) of subsection (1) of section
22 500.12, Florida Statutes, is amended to read:
23 500.12 Food permits; building permits.--
24 (1)
25 (b) An application for a food permit from the
26 department must be accompanied by a fee in an amount
27 determined by department rule, which may not exceed $350,
28 except that the fee accompanying an application for a food
29 permit for operating a bottled water plant may not exceed
30 $1,000 and the fee accompanying an application for a food
31 permit for operating a packaged ice plant may not exceed $250.
6
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1114
Amendment No. ___ (for drafter's use only)
1 The fee for operating a bottled water plant or a packaged ice
2 plant shall be set by rule of the department in an amount
3 sufficient to meet, but not exceed, the total direct and
4 indirect costs incurred by the department in carrying out its
5 permitting, inspection, sampling, enforcement, and
6 administrative responsibilities for those operations. Food
7 permits must be renewed annually on or before January 1. If an
8 application for renewal of a food permit is not received by
9 the department within 30 days after its due date, a late fee,
10 in an amount not exceeding $100, must be paid in addition to
11 the food permit fee before the department may issue the food
12 permit. The moneys collected shall be deposited in the General
13 Inspection Trust Fund.
14 Section 16. Subsection (4) of section 500.459, Florida
15 Statutes, is amended to read:
16 500.459 Water vending machines.--
17 (4) FEES.--A person seeking an operating permit must
18 pay the department a fee not exceeding $200, which fee shall
19 be set by rule of the department in an amount sufficient to
20 meet, but not exceed, the total direct and indirect costs
21 incurred by the department in carrying out its permitting,
22 inspection, sampling, enforcement, and administrative
23 responsibilities under this section. Such fees shall be
24 deposited in the General Inspection Trust Fund and shall be
25 used for the sole purpose of this section.
26 Section 17. Subsections (2) and (3) of section
27 526.311, Florida Statutes, are amended to read:
28 526.311 Enforcement; civil penalties; injunctive
29 relief.--
30 (2) The Department of Agriculture and Consumer
31 Services shall investigate any complaints regarding violations
7
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Bill No. CS for CS for SB 1114
Amendment No. ___ (for drafter's use only)
1 of this act and may request in writing the production of
2 documents and records as part of its investigation of a
3 complaint. Trade secrets, as defined in s. 812.081, and
4 proprietary confidential business information contained in the
5 documents or records received by the department pursuant to a
6 written request or a Department of Legal Affairs subpoena are
7 confidential and exempt from the provisions of s. 119.07(1)
8 and s. 24(a), Art. I of the State Constitution. If the person
9 upon whom such request was made fails to produce the documents
10 or records within 30 days after the date of the request, the
11 department, through the department's office of general
12 counsel, may of Agriculture and Consumer Services may request
13 that the Department of Legal Affairs issue and serve a
14 subpoena subpoenas to compel the production of such documents
15 and records. If any person shall refuse to comply with a
16 subpoena issued under this section, the department of Legal
17 Affairs may petition a court of competent jurisdiction to
18 enforce the subpoena and assess such sanctions as the court
19 may direct. Refiners shall afford the department of
20 Agriculture and Consumer Services reasonable access to the
21 refiners' posted terminal price. After completion of an
22 investigation, the Department of Agriculture and Consumer
23 Services shall give the results of its investigation to the
24 Department of Legal Affairs. The Department of Legal Affairs
25 may then subpoena additional relevant records or testimony if
26 it determines that the Department of Agriculture and Consumer
27 Services' investigation shows a violation has likely occurred.
28 Any records, documents, papers, maps, books, tapes,
29 photographs, files, sound recordings, or other business
30 material, regardless of form or characteristics, obtained by
31 the a department of Legal Affairs subpoena are confidential
8
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Bill No. CS for CS for SB 1114
Amendment No. ___ (for drafter's use only)
1 and exempt from the provisions of s. 119.07(1) and s. 24(a),
2 Art. I of the State Constitution while the investigation is
3 pending. At the conclusion of an investigation, any matter
4 determined by the department of Legal Affairs or by a judicial
5 or administrative body, federal or state, to be a trade secret
6 or proprietary confidential business information held by the
7 department pursuant to such investigation shall be considered
8 confidential and exempt from the provisions of s. 119.07(1)
9 and s. 24(a), Art. I of the State Constitution. Such
10 materials may be used in any administrative or judicial
11 proceeding so long as the confidential or proprietary nature
12 of the material is maintained.
13 (3) The civil penalty imposed under this section may
14 be assessed and recovered in a civil action brought by the
15 department of Legal Affairs in any court of competent
16 jurisdiction. If the department of Legal Affairs prevails in a
17 civil action, the court may award it reasonable attorneys'
18 fees as it deems appropriate. All funds recovered by the
19 department of Legal Affairs shall be deposited into shared
20 equally between the Department of Legal Affairs Trust Fund and
21 the General Inspection Trust Fund.
22 Section 18. Subsection (2) of section 526.312, Florida
23 Statutes, is amended to read:
24 526.312 Enforcement; private actions; injunctive
25 relief.--
26 (2) On the application for a temporary restraining
27 order or a preliminary injunction, the court, in its
28 discretion having due regard for the public interest, may
29 require or dispense with the requirement of a bond, with or
30 without surety, as conditions and circumstances may require.
31 If a bond is required, the amount shall not be greater than
9
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Bill No. CS for CS for SB 1114
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1 $50,000. Upon proper application by the plaintiff, the court
2 shall grant preliminary injunctive relief if the plaintiff
3 shows:
4 (a) That he or she is a proper person to seek the
5 relief requested.
6 (b) There exist sufficiently serious questions going
7 to the merits to make such questions a fair ground for
8 litigation; and the court determines, on balance, the
9 hardships imposed on the defendant and the public interest by
10 the issuance of such preliminary injunctive relief will be
11 less than the hardship which would be imposed on the plaintiff
12 if such preliminary injunctive relief were not granted.
13
14 The standards specified in paragraphs (a) and (b) shall also
15 apply to actions for injunctive relief brought by the
16 department of Legal Affairs under s. 526.311.
17 Section 19. Section 526.313, Florida Statutes, is
18 amended to read:
19 526.313 Limitations period for actions.--Any action
20 brought by the department of Legal Affairs shall be brought
21 within 2 years after the alleged violation occurred or should
22 reasonably have been discovered. Any action brought by any
23 other person shall be brought within 1 year after the alleged
24 violation occurred or should reasonably have been discovered,
25 except that a private action brought under s. 526.305 for
26 unlawful price discrimination shall be brought within 2 years
27 from the date the alleged violation occurred or should
28 reasonably have been discovered.
29 Section 20. Section 526.3135, Florida Statutes, is
30 amended to read:
31 526.3135 Reports by the Division of Standards
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1 Department of Agriculture and Consumer Services.--The Division
2 of Standards Department of Agriculture and Consumer Services
3 is directed to compile a report pursuant to s. 570.544 of all
4 complaints received by the Department of Agriculture and
5 Consumer Services pursuant to this act. Such report shall
6 contain at least the information required by s.
7 570.544(6)(b)2.-4. and shall be presented to the Speaker of
8 the House of Representatives and the President of the Senate
9 no later than January 1 of each year.
10 Section 21. There is hereby appropriated $100,000 from
11 the General Revenue Fund and two full-time equivalent
12 positions to the Department of Agriculture and Consumer
13 Services to implement the provisions of Chapter 526, Part I,
14 F.S.
15 Section 22. Subsection (16) is added to section
16 531.41, Florida Statutes, to read:
17 531.41 Powers and duties of the department.--The
18 department shall:
19 (16) Provide by rule for the voluntary registration
20 with the department of private weighing and measuring device
21 service agencies or personnel. Such rule shall grant private
22 agencies and personnel that meet all registration requirements
23 and maintain current registered status with the department the
24 authority to place devices that meet all state requirements
25 into commercial service until such time as the devices can be
26 inspected and tested as provided for in subsection (10),
27 provided such devices are reported to the department as
28 prescribed by the rule.
29
30 The provisions of this chapter and rules adopted thereunder
31 notwithstanding, scales routinely used by providers of weight
11
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1 control services shall not be considered commercial weights
2 and measures when used to determine human weight or to compute
3 charges or payments for services rendered by such providers on
4 the basis of said weight, measure, or count.
5 Section 23. Subsection (34) of section 570.07, Florida
6 Statutes, is amended, and subsection (35) is added to said
7 section, to read:
8 570.07 Department of Agriculture and Consumer
9 Services; functions, powers, and duties.--The department shall
10 have and exercise the following functions, powers, and duties:
11 (34) To adopt policies creating, and providing for the
12 operation of, an employees' benefit fund. Notwithstanding the
13 provisions of chapter 273, the department may deposit moneys
14 received from the disposition of state-owned tangible personal
15 property, specifically livestock maintained and located at the
16 Doyle E. Conner Agricultural Complex, in the employees'
17 benefit fund.
18 (35) Under emergency conditions, to authorize the
19 purchase of supplemental nutritional food and drink items and
20 set temporary meal expenditure limits for employees engaged in
21 physical activity for prolonged periods of time in excess of
22 the rate established by s. 112.061(6), but not to exceed $50
23 per day.
24 Section 24. Paragraph (f) is added to subsection (1)
25 of section 570.242, Florida Statutes, to read:
26 570.242 Definitions.--For purposes of this act, the
27 following terms shall have the following meanings:
28 (1) "Agriculturally depressed area" means a rural area
29 which has declining profitability from agricultural
30 enterprises and one or more of the following characteristics:
31 (f) Crop losses or economic depression resulting from
12
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1 a natural disaster or socioeconomic conditions or events which
2 negatively impact a crop.
3 Section 25. Paragraph (c) of subsection (1) of section
4 570.248, Florida Statutes, is amended to read:
5 570.248 Agricultural Economic Development Project
6 Review Committee; powers and duties.--
7 (1) There is created an Agricultural Economic
8 Development Project Review Committee consisting of five
9 members appointed by the commissioner. The members shall be
10 appointed based upon the recommendations submitted by each
11 entity represented on the committee and shall include:
12 (c) One representative from Enterprise Florida, Inc
13 the Florida Rural Development Committee.
14 Section 26. Section 570.249, Florida Statutes, is
15 created to read:
16 570.249 Agricultural Economic Development Program
17 disaster loans.--
18 (1) USE OF LOAN FUNDS.--Loan funds to agricultural
19 producers who have experienced crop losses from a natural
20 disaster or a socioeconomic condition or event may be used to
21 restore or replace essential physical property, such as
22 animals, fences, equipment, structural production facilities,
23 and orchard trees; pay all or part of production costs
24 associated with the disaster year; pay essential family living
25 expenses; and restructure farm debts. Funds may be issued as
26 direct loans, or as loan guarantees for up to 90 percent of
27 the total loan, in amounts not less than $30,000 nor more than
28 $250,000. Applicants must provide at least 10 percent equity.
29 (2) ELIGIBLE CROPS.--Crops eligible for the emergency
30 loan program include:
31 (a) Crops grown for human consumption.
13
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1 (b) Crops planted and grown for livestock consumption,
2 including, but not limited to, grain, seed, and forage crops.
3 (c) Crops grown for fiber, except for trees.
4 (d) Specialty crops, such as aquacultural,
5 floricultural, or ornamental nursery crops; Christmas trees;
6 turf for sod; industrial crops; and seed crops used to produce
7 eligible crops.
8 (3) FARMING INFORMATION.--A borrower must keep
9 complete and acceptable farm records and present them as proof
10 of production levels. A borrower must operate in accordance
11 with a farm plan that he or she develops and that is approved
12 by the commissioner. A borrower may be required to participate
13 in a financial management training program and obtain crop
14 insurance.
15 (4) LOAN APPLICATION.--In order to qualify for a loan
16 under this section, an applicant must submit an application to
17 the committee within 30 days after the date the natural
18 disaster or socioeconomic condition or event occurs or the
19 crop damage becomes apparent. An applicant must be a citizen
20 of the United States, a bona fide resident of the state and,
21 together with the applicant's spouse and their dependents,
22 have a total net worth of less than $100,000. The value of any
23 residential homestead owned by the applicant must not be
24 included in determining the applicant's net worth. An
25 applicant must also demonstrate the need for economic
26 assistance, be worthy of credit according to standards
27 established by the commissioner, prove that he or she cannot
28 obtain commercial credit, and demonstrate that he or she has
29 the ability to repay the loan.
30 (5) LOAN SECURITY REQUIREMENTS.--All loans must be
31 fully collateralized. A first lien is required on all property
14
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Bill No. CS for CS for SB 1114
Amendment No. ___ (for drafter's use only)
1 or product acquired, produced, or refinanced with loan funds.
2 The specific type of collateral required may vary depending
3 upon the loan purpose, repayment ability, and the particular
4 circumstances of the applicant.
5 (6) LOAN REPAYMENT.--Repayment of loans for crops,
6 livestock, and non-real-estate losses shall normally be made
7 within 7 years or, in special circumstances, within 20 years.
8 Loans for physical losses to real estate and buildings shall
9 not exceed 30 years. Borrowers are expected to return to
10 conventional credit sources when they are financially able.
11 Loans are a temporary source of credit and borrowers must be
12 reviewed periodically to determine whether they can return to
13 conventional credit.
14 Section 27. Section 570.92, Florida Statutes, is
15 created to read:
16 570.92 Equestrian educational sports program.--The
17 department shall establish an equestrian educational sports
18 program with one or more accredited 4-year state universities,
19 designed to give student riders the opportunity to learn,
20 compete, and succeed at the collegiate level while at the same
21 time promoting the state's multibillion dollar equine
22 industry.
23 Section 28. Subsection (2) of section 570.952, Florida
24 Statutes, is amended to read:
25 570.952 Florida Agriculture Center and Horse Park
26 Authority.--
27 (2) The authority shall be composed of 21 23 members
28 appointed by the commissioner.
29 (a) Members shall include:
30 1. Three citizens-at-large One citizen-at-large, who
31 shall represent the views of the general public toward
15
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1 agriculture and equine activities in the state.
2 2. One representative from the Department of
3 Agriculture and Consumer Services.
4 3. One representative from Enterprise Florida, Inc.
5 4. One representative from the Department of
6 Environmental Protection, Office of Greenways and Trails
7 Management.
8 5. One member of the Ocala/Marion County Chamber of
9 Commerce.
10 6. Two representatives of the tourism or hospitality
11 industry.
12 7. Three representatives of the commercial agriculture
13 industry.
14 8. Three representatives from recognized horse breed
15 associations.
16 9. One representative of the veterinary industry.
17 10. Three representatives from the competitive equine
18 industry.
19 6. One public/private partnership expert.
20 7. One member of a private environmental organization.
21 8. One fruit and vegetable grower.
22 9. One citrus grower.
23 10. One commercial feed producer.
24 11. One livestock/cattle breeder.
25 12. One quarter horse breeder.
26 13. One thoroughbred horse breeder.
27 14. One standardbred horse breeder.
28 15. One Arabian horse breeder.
29 16. One color breeds horse breeder.
30 17. One licensed veterinarian.
31 18. One Paso Fino horse breeder.
16
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1 19. One ornamental or nursery stock grower.
2 20. One representative from the horse show industry.
3 21. One representative from the horse sport industry.
4 11.22. One representative from the horse pleasure and
5 trail riding trailriders industry.
6 12.23. One representative recommended by from the
7 Board of County Commissioners of Marion County.
8 (b) With the exception of department employees and the
9 citizen-at-large, each member shall be selected from two or
10 three nominees submitted by recognized statewide organizations
11 representing each interest or trade enumerated in this
12 section. In the absence of nominations, the commissioner shall
13 appoint persons who otherwise meet the qualifications for
14 nomination and appointment to the authority.
15 (b)(c) Initially, the commissioner shall appoint 11
16 members 12 members shall be appointed for 4-year terms and 10
17 11 members shall be appointed for 2-year terms. Thereafter,
18 each member shall be appointed for a term of 4 years from the
19 date of appointment, except that a vacancy shall be filled by
20 appointment for the remainder of the term.
21 (c)(d) Any member of the authority who fails to attend
22 three consecutive authority meetings without good cause shall
23 be deemed to have resigned from the authority. The
24 commissioner shall appoint a person representing the same
25 interest or trade as the resigning member. Current members
26 shall continue to serve until successors are appointed.
27 Section 29. Section 585.89, Florida Statutes, is
28 renumbered as section 287.0822, Florida Statutes, and
29 subsection (1) of said section is amended to read:
30 287.0822 585.89 Beef and pork; prohibition on
31 purchase; bid specifications; penalty.--
17
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1 (1) Fresh or frozen beef or pork that has not been
2 inspected by the United States Department of Agriculture or by
3 another state's inspection program which has been approved by
4 the United States Department of Agriculture the department
5 shall not be purchased, or caused to be purchased, by any
6 agency of the state or of any municipality, political
7 subdivision, school district, or special district for
8 consumption in this state or for distribution for consumption
9 in this state. Bid invitations issued by any agency of the
10 state or of any municipality, political subdivision, school
11 district, or special district for the purchase of fresh or
12 frozen beef or pork must specify that only beef or pork
13 inspected and passed by either the United States Department of
14 Agriculture or by another state's inspection program which has
15 been approved by the United States Department of Agriculture
16 the department will be accepted. The supplier or vendor shall
17 certify on the invoice that the fresh or frozen beef or pork
18 or imported beef or pork supplied is either domestic or
19 complies with this subsection.
20 Section 30. Section 585.92, Florida Statutes, is
21 renumbered as section 287.0821, Florida Statutes, and amended
22 to read:
23 287.0821 585.92 All American and Genuine Florida meat
24 or meat products.--As allowed by the United States Department
25 of Agriculture, each slaughterhouse or meatpacking or
26 processing plant in the state or other person vending any meat
27 or meat product, the meat of which is entirely produced in the
28 United States, may label such meat or meat product "All
29 American", and any such vendor selling any such meat or meat
30 product, the meat of which is entirely produced in the state,
31 may label such meat or meat product "Genuine Florida."
18
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1114
Amendment No. ___ (for drafter's use only)
1 Section 31. Subsection (5) of section 590.015, Florida
2 Statutes, is amended to read:
3 590.015 Definitions.--As used in this chapter, the
4 term:
5 (5) "Wild land" means any public or private managed or
6 unmanaged forest, urban/interface, pasture or range land,
7 recreation lands, or any other land at risk of wildfire.
8 Section 32. Section 590.14, Florida Statutes, is
9 amended to read:
10 590.14 Warning citation; Notice of violation;
11 penalties.--
12 (1) If unpredicted atmospheric conditions occur which
13 cause an authorized fire to escape from the boundaries of the
14 authorized area, if the fire does not leave the land owned or
15 controlled by the authorization holder, and if no damage has
16 occurred, the division may issue a warning citation of
17 violation of s. 590.125.
18 (1)(2) If a division employee determines that a person
19 has violated chapter 589 or chapter 590, he or she may issue a
20 notice of violation indicating the statute violated. This
21 notice will be filed with the division and a copy forwarded to
22 the appropriate law enforcement entity for further action if
23 necessary.
24 (2)(3) In addition to any other penalties provided by
25 law, any person who causes a wildfire or permits any
26 authorized fire to escape the boundaries of the authorization
27 or to burn past the time of the authorization is liable for
28 the payment of all reasonable costs and expenses incurred in
29 suppressing the fire or $150, whichever is greater. All costs
30 and expenses incurred by the division shall be payable to the
31 division. When such costs and expenses are not paid within 30
19
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1114
Amendment No. ___ (for drafter's use only)
1 days after demand, the division may take proper legal
2 proceedings for the collection of the costs and expenses.
3 Those costs incurred by an agency acting at the division's
4 direction are recoverable by that agency.
5 (3)(4) The department may also impose an
6 administrative fine, not to exceed $1,000 per violation of any
7 section of chapter 589 or chapter 590. The fine shall be based
8 upon the degree of damage and prior violation record of the
9 person. The fines shall be deposited in the Incidental Trust
10 Fund of the division.
11 (4)(5) The penalties provided in this section shall
12 extend to both the actual violator and the person or persons,
13 firm, or corporation causing, directing, or permitting the
14 violation.
15 Section 33. Section 590.28, Florida Statutes, is
16 amended to read:
17 590.28 Intentional or reckless careless burning of
18 lands.--
19 (1) Whoever intentionally burns, sets fire to, or
20 causes to be burned or causes any fire to be set to, any wild
21 land or vegetative land clearing debris not owned by, or in
22 the lawful possession of, the person setting such fire or
23 burning such lands or causing such fire to be set or lands to
24 be burned without complying with s. 590.125, commits a felony
25 of the third degree, punishable as provided in s. 775.082, s.
26 775.083, or s. 775.084.
27 (2) Whoever recklessly carelessly burns, sets fire to,
28 or causes to be burned any wild lands not owned by, or in the
29 lawful possession of, the person setting the fire or burning
30 the lands or causing the fire to be set or lands to be burned,
31 commits a misdemeanor of the second degree, punishable as
20
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1114
Amendment No. ___ (for drafter's use only)
1 provided in s. 775.082 or s. 775.083.
2 Section 34. Paragraph (b) of subsection (5) and
3 paragraph (a) of subsection (7) of section 616.242, Florida
4 Statutes, are amended to read:
5 616.242 Safety standards for amusement rides.--
6 (5) ANNUAL PERMIT.--
7 (b) To apply for an annual permit an owner must submit
8 to the department a written application on a form prescribed
9 by rule of the department, which must include the following:
10 1. The legal name, address, and primary place of
11 business of the owner.
12 2. A description, manufacturer's name, serial number,
13 model number and, if previously assigned, the United States
14 Amusement Identification Number of the amusement ride.
15 3. A valid certificate of insurance or bond for each
16 amusement ride.
17 4. An affidavit of compliance that the amusement ride
18 was inspected in person by the affiant and that the amusement
19 ride is in general conformance with the requirements of this
20 section and all applicable rules adopted by the department.
21 The affidavit must be executed by a professional engineer or a
22 qualified inspector no earlier than 60 days before, but not
23 later than, the date of the filing of the application with the
24 department. The owner shall request inspection and permitting
25 of the amusement ride within 60 days of the date of filing the
26 application with the department. The department shall inspect
27 and permit the amusement ride within 60 days after filing the
28 application with the department of the date the affidavit was
29 executed.
30 5. If required by subsection (6), an affidavit of
31 nondestructive testing dated and executed no earlier than 60
21
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1114
Amendment No. ___ (for drafter's use only)
1 days prior to, but not later than, the date of the filing of
2 the application with the department. The owner shall request
3 inspection and permitting of the amusement ride within 60 days
4 of the date of filing the application with the department. The
5 department shall inspect and permit the amusement ride within
6 60 days after filing the application with the department of
7 the date the affidavit was executed.
8 6. A request for inspection.
9 7. Upon request, the owner shall, at no cost to the
10 department, provide the department a copy of the
11 manufacturer's current recommended operating instructions in
12 the possession of the owner, the owner's operating fact sheet,
13 and any written bulletins in the possession of the owner
14 concerning the safety, operation, or maintenance of the
15 amusement ride.
16 (7) DEPARTMENT INSPECTIONS.--
17 (a) In order to obtain an annual permit, an amusement
18 ride must be inspected by the department in accordance with
19 subsection (11) and receive an inspection certificate. In
20 addition, each permanent amusement ride must be inspected
21 semi-annually by the department in accordance with subsection
22 (11) and receive an inspection certificate, and each temporary
23 amusement ride must be inspected by the department in
24 accordance with subsection (11), and must receive an
25 inspection certificate each time the ride is set up or moved
26 to a new location in this state unless the temporary amusement
27 ride is:
28 1. Used at a private event; or
29 2. Used at a public event when there are no more than
30 three amusement rides at the event, and the capacity of each
31 amusement ride at the event does not exceed eight persons;
22
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1114
Amendment No. ___ (for drafter's use only)
1 2.3. A simulator, the capacity of which does not
2 exceed 16 persons.; or
3 4. A kiddie train used at a public event if there are
4 no more than three amusement rides at the event.
5 Section 35. Subsection (4) of section 828.12, Florida
6 Statutes, is amended to read:
7 828.12 Cruelty to animals.--
8 (4) A person who intentionally trips, fells, ropes, or
9 lassos the legs of a horse by any means for the purpose of
10 wagering for entertainment or sport purposes shall be guilty
11 of a third degree felony, punishable as provided in s.
12 775.082, s. 775.083, or s. 775.084. As used in this
13 subsection, "trip" means any act that consists of the use of
14 any wire, pole, stick, rope, or other apparatus to cause a
15 horse to fall or lose its balance, and "horse" means any
16 animal of any registered breed of the genus Equus, or any
17 recognized hybrid thereof. The provisions of this subsection
18 shall not apply when tripping is used:
19 (a) To control a horse that is posing an immediate
20 threat to other livestock or human beings;
21 (b) For the purpose of identifying ownership of the
22 horse when its ownership is unknown; or
23 (c) For the purpose of administering veterinary care
24 to the horse.
25 Section 36. Subsection (7) of section 828.27, Florida
26 Statutes, is amended to read:
27 828.27 Local animal control or cruelty ordinances;
28 penalty.--
29 (7) Nothing contained in this section shall prevent
30 any county or municipality from enacting any ordinance
31 relating to animal control or cruelty which is identical to
23
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1114
Amendment No. ___ (for drafter's use only)
1 the provisions of this chapter or any other state law, except
2 as to penalty. However, no county or municipal ordinance
3 relating to animal control or cruelty shall conflict with the
4 provisions of this chapter or any other state law.
5 Notwithstanding the provisions of this subsection, the
6 governing body of any county or municipality is authorized to
7 enact ordinances prohibiting or regulating noise from any
8 domesticated animal, violation of which shall be punishable
9 upon conviction by a fine not to exceed $500 or by
10 imprisonment in the county jail for a period not to exceed 60
11 days, or by both such fine and imprisonment, for each
12 violation of such ordinance. This subsection shall not apply
13 to animals on land zoned for agricultural purposes.
14 Section 37. The Department of Agriculture and Consumer
15 Services is authorized to negotiate agreements with landowners
16 for water supply in rural areas, provided that:
17 (1) The water to be supplied is currently available to
18 property owned or controlled by the department; and
19 (2) The intended use and quantity are not inconsistent
20 with any permit required under part II of chapter 373, Florida
21 Statutes, for the source of supply in effect at the time of
22 the agreement.
23 Section 38. Repealing ss. 205.1951, 585.70, 585.71,
24 585.715, 585.72, 585.73, 585.74, 585.75, 585.76, 585.77,
25 585.78, 585.79, 585.80, 585.81, 585.82, 585.83, 585.84,
26 585.85, 585.86, 585.87, 585.88, 585.90, 585.902, 585.903,
27 585.904, 585.91, 585.93, and 585.96, Florida Statutes.
28
29
30 ================ T I T L E A M E N D M E N T ===============
31 And the title is amended as follows:
24
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1114
Amendment No. ___ (for drafter's use only)
1 On page 2, line 22 after the semicolon,
2
3 insert:
4 amending s. 212.02, F.S.; defining
5 "agricultural production"; amending s. 253.025,
6 F.S.; clarifying provisions relating to
7 conveyance of state lands to the department for
8 forestry facilities; deleting references to
9 specific fire tower sites and work centers with
10 respect to use of the department's Relocation
11 and Construction Trust Fund; amending s.
12 482.051, F.S.; revising authority of the
13 department to adopt rules relating to
14 pesticides used for preconstruction treatments;
15 amending s. 482.132, F.S.; providing for pest
16 control operator certification of qualified
17 United States Department of Defense employees;
18 amending s. 487.041, F.S.; authorizing the
19 department to review and evaluate registered
20 pesticides if new information is made available
21 indicating adverse effects on public health or
22 environment; amending s. 487.081, F.S.; waiving
23 liability for pesticide contamination when
24 pesticides are used in accordance with state
25 and federal law; providing for inspection of
26 records; providing rulemaking authority;
27 providing retroactive application; amending ss.
28 500.12 and 500.459, F.S.; deleting certain
29 requirements relating to the setting and use of
30 fees for bottled water plants, packaged ice
31 plants, and water vending machines; amending s.
25
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1114
Amendment No. ___ (for drafter's use only)
1 526.311, F.S.; revising enforcement provisions;
2 transferring from the Department of Legal
3 Affairs to the Department of Agriculture and
4 Consumer Services responsibilities as the lead
5 agency to enforce the Motor Fuel Marketing
6 Practices Act; revising disposition of funds
7 collected in civil actions; amending ss.
8 526.312 and 526.313, F.S., to conform; amending
9 s. 526.3135, F.S.; specifying certain required
10 reporting by the Division of Standards of the
11 Department of Agriculture and Consumer
12 Services; providing an appropriation; amending
13 s. 531.41, F.S.; authorizing the department to
14 provide by rule for voluntary registration of
15 private weighing and measuring device service
16 agencies and personnel; amending s. 570.07,
17 F.S.; authorizing deposit of certain moneys in
18 the department's employees' benefit fund;
19 authorizing the department to purchase
20 supplemental food and drink items and set
21 temporary meal expenditure limits, under
22 emergency conditions; providing restrictions;
23 amending s. 570.242, F.S.; revising the
24 definition of "agriculturally depressed area"
25 under the Agricultural Economic Development
26 Act; amending s. 570.248, F.S.; revising
27 membership of the Agricultural Economic
28 Development Project Review Committee; creating
29 s. 570.249, F.S.; providing for Agricultural
30 Economic Development Program disaster loans;
31 providing criteria for use of loan funds,
26
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1114
Amendment No. ___ (for drafter's use only)
1 eligible crops, and loan applications;
2 providing requirements for loan security and
3 loan repayment; creating s. 570.92, F.S.;
4 providing for an equestrian educational sports
5 program at 4-year state universities; amending
6 s. 570.952, F.S.; revising provisions relating
7 to membership appointment and terms of the
8 Florida Agriculture Center and Horse Park
9 Authority; renumbering and amending s. 585.89,
10 F.S.; authorizing state agencies and entities
11 to purchase fresh or frozen beef or pork
12 inspected by another state's federally approved
13 inspection program; renumbering and amending s.
14 585.92, F.S.; clarifying provisions relating to
15 "All American" and "Genuine Florida" meat or
16 meat products; amending s. 590.015, F.S.;
17 revising the definition of "wild land" in
18 provisions relating to forest protection;
19 amending s. 590.14, F.S.; deleting authority of
20 the Division of Forestry to issue warning
21 citations relating to certain authorized fires;
22 clarifying a penalty; amending s. 590.28, F.S.;
23 providing a penalty for intentional or reckless
24 burning of lands; amending s. 616.242, F.S.;
25 revising timing requirements for inspection and
26 permitting of amusement rides; deleting
27 exemptions from inspection requirements for
28 certain temporary amusement rides at public
29 events; amending s. 828.12, F.S.; revising
30 provisions relating to cruelty to animals;
31 providing authority to the department to
27
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HOUSE AMENDMENT
Bill No. CS for CS for SB 1114
Amendment No. ___ (for drafter's use only)
1 negotiate agreements with certain landowners
2 for water use in rural areas; amending s.
3 828.27, F.S.; authorizing counties and
4 municipalities to enact ordinances prohibiting
5 or regulating noise from domesticated animals;
6 providing nonapplicability; providing
7 penalties; repealing s. 205.1951, F.S.,
8 relating to local occupational licenses for
9 establishments regulated under the state meat
10 inspection program; repealing ss. 585.70,
11 585.71, 585.715, 585.72, 585.73, 585.74,
12 585.75, 585.76, 585.77, 585.78, 585.79, 585.80,
13 585.81, 585.82, 585.83, 585.84, 585.85, 585.86,
14 585.87, 585.88, 585.90, 585.902, 585.903,
15 585.904, 585.91, 585.93, and 585.96, F.S.,
16 relating to the state meat inspection program;
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
28
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