House Bill 2237
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2237
By the Committee on Agriculture and Representatives
Putnam, Peaden, Bainter, Harrington, Spratt, J. Miller,
Stansel and Patterson
1 A bill to be entitled
2 An act relating to the Department of
3 Agriculture and Consumer Services; amending s.
4 253.025, F.S.; clarifying provisions relating
5 to conveyance of state lands to the department
6 for forestry facilities; deleting references to
7 specific fire tower sites and work centers with
8 respect to use of the department's Relocation
9 and Construction Trust Fund; amending s.
10 482.051, F.S.; revising authority of the
11 department to adopt rules relating to
12 pesticides used for preconstruction treatments;
13 amending ss. 500.12 and 500.459, F.S.; deleting
14 certain requirements relating to the setting
15 and use of fees for bottled water plants,
16 packaged ice plants, and water vending
17 machines; amending s. 531.41, F.S.; authorizing
18 the department to provide by rule for voluntary
19 registration of private weighing and measuring
20 device service agencies and personnel; amending
21 s. 570.07, F.S.; authorizing deposit of certain
22 moneys in the department's employees' benefit
23 fund; authorizing the department to purchase
24 supplemental food and drink items and set
25 temporary meal expenditure limits, under
26 emergency conditions; providing restrictions;
27 amending s. 570.242, F.S.; revising the
28 definition of "agriculturally depressed area"
29 under the Agricultural Economic Development
30 Act; amending s. 570.248, F.S.; revising
31 membership of the Agricultural Economic
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2237
188-554D-00
1 Development Project Review Committee; creating
2 s. 570.249, F.S.; providing for Agricultural
3 Economic Development Program disaster loans;
4 providing criteria for use of loan funds,
5 eligible crops, and loan applications;
6 providing requirements for loan security and
7 loan repayment; amending s. 570.952, F.S.;
8 revising provisions relating to membership
9 appointment and terms of the Florida
10 Agriculture Center and Horse Park Authority;
11 renumbering and amending s. 585.89, F.S.;
12 authorizing state agencies and entities to
13 purchase fresh or frozen beef or pork inspected
14 by another state's federally approved
15 inspection program; renumbering and amending s.
16 585.92, F.S.; clarifying provisions relating to
17 "All American" and "Genuine Florida" meat or
18 meat products; amending s. 590.015, F.S.;
19 revising the definition of "wild land" in
20 provisions relating to forest protection;
21 amending s. 590.14, F.S.; deleting authority of
22 the Division of Forestry to issue warning
23 citations relating to certain authorized fires;
24 clarifying a penalty; amending s. 590.28, F.S.;
25 providing a penalty for intentional or reckless
26 burning of lands; amending s. 616.242, F.S.;
27 revising timing requirements for inspection and
28 permitting of amusement rides; deleting
29 exemptions from inspection requirements for
30 certain temporary amusement rides at public
31 events; amending s. 823.14, F.S.; limiting
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2237
188-554D-00
1 local government regulation on certain
2 continuing agricultural use of land, under the
3 Florida Right to Farm Act; repealing s.
4 205.1951, F.S., relating to local occupational
5 licenses for establishments regulated under the
6 state meat inspection program; repealing ss.
7 585.70, 585.71, 585.715, 585.72, 585.73,
8 585.74, 585.75, 585.76, 585.77, 585.78, 585.79,
9 585.80, 585.81, 585.82, 585.83, 585.84, 585.85,
10 585.86, 585.87, 585.88, 585.90, 585.902,
11 585.903, 585.904, 585.91, 585.93, and 585.96,
12 F.S., relating to the state meat inspection
13 program; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Paragraphs (a) and (d) of subsection (13)
18 of section 253.025, Florida Statutes, are amended to read:
19 253.025 Acquisition of state lands for purposes other
20 than preservation, conservation, and recreation.--
21 (13)(a) Notwithstanding the provisions of this chapter
22 and chapters 259 and 375, The Board of Trustees of the
23 Internal Improvement Trust Fund may deed property to the
24 Department of Agriculture and Consumer Services, so that the
25 department shall be able shall have the authority, with the
26 consent of the majority of the Governor and Cabinet, to sell,
27 convey, transfer, exchange, trade, or purchase land on which a
28 forestry facility resides for money or other more suitable
29 property on which to relocate the facility. Any sale or
30 purchase of property by the Department of Agriculture and
31 Consumer Services shall follow the requirements of subsections
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2237
188-554D-00
1 (5)-(9). Any sale shall be at fair market value, and any trade
2 shall ensure that the state is getting at least an equal value
3 for the property. Except as provided in subsections (5)-(9),
4 the Department of Agriculture and Consumer Services is
5 excluded from following the provisions of this chapter and
6 chapters 259 and 375.
7 (d) There is hereby created in the Department of
8 Agriculture and Consumer Services the Relocation and
9 Construction Trust Fund. The trust fund is to be used for the
10 sole purpose of effectuating the orderly relocation of the
11 forestry fire towers and work centers as follows: Crestview
12 Work Center, Marianna Work Center, Panama City Headquarters,
13 Tallahassee Headquarters, Southside Towersite, Gainesville
14 Headquarters, Ocala Work Center, Orlando Headquarters,
15 Lakeland Headquarters, Dunedin Work Center, Hamner Towersite,
16 Bradenton Headquarters, Venetia Towersite, Fort Myers
17 Headquarters, Naples Work Center, Philpot Towersite, Sand Hill
18 Towersite, Mayo Work Center, Benton Towersite, Plymouth
19 Towersite, Longwood Work Center, Oviedo Towersite, Valrico
20 Work Center, and Belle Glade Work Center.
21 Section 2. Subsection (5) of section 482.051, Florida
22 Statutes, is amended to read:
23 482.051 Rules.--The department has authority to adopt
24 rules pursuant to ss. 120.536(1) and 120.54 to implement the
25 provisions of this chapter. Prior to proposing the adoption
26 of a rule, the department shall counsel with members of the
27 pest control industry concerning the proposed rule. The
28 department shall adopt rules for the protection of the health,
29 safety, and welfare of pest control employees and the general
30 public which require:
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2237
188-554D-00
1 (5) That any pesticide used for preconstruction soil
2 treatments for the prevention of subterranean termites be
3 applied in the amount, concentration, and treatment area in
4 accordance with the label; that a copy of the label of the
5 registered pesticide being applied be carried in a vehicle at
6 the site where the pesticide is being applied; and that the
7 licensee maintain for 3 years the record of each
8 preconstruction soil treatment, indicating the date of
9 treatment, the location or address of the property treated,
10 the total square footage of the structure treated, the type of
11 pesticide applied, the concentration of each substance in the
12 mixture applied, and the total amount of pesticide applied.
13 Section 3. Paragraph (b) of subsection (1) of section
14 500.12, Florida Statutes, is amended to read:
15 500.12 Food permits; building permits.--
16 (1)
17 (b) An application for a food permit from the
18 department must be accompanied by a fee in an amount
19 determined by department rule, which may not exceed $350,
20 except that the fee accompanying an application for a food
21 permit for operating a bottled water plant may not exceed
22 $1,000 and the fee accompanying an application for a food
23 permit for operating a packaged ice plant may not exceed $250.
24 The fee for operating a bottled water plant or a packaged ice
25 plant shall be set by rule of the department in an amount
26 sufficient to meet, but not exceed, the total direct and
27 indirect costs incurred by the department in carrying out its
28 permitting, inspection, sampling, enforcement, and
29 administrative responsibilities for those operations. Food
30 permits must be renewed annually on or before January 1. If an
31 application for renewal of a food permit is not received by
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2237
188-554D-00
1 the department within 30 days after its due date, a late fee,
2 in an amount not exceeding $100, must be paid in addition to
3 the food permit fee before the department may issue the food
4 permit. The moneys collected shall be deposited in the General
5 Inspection Trust Fund.
6 Section 4. Subsection (4) of section 500.459, Florida
7 Statutes, is amended to read:
8 500.459 Water vending machines.--
9 (4) FEES.--A person seeking an operating permit must
10 pay the department a fee not exceeding $200, which fee shall
11 be set by rule of the department in an amount sufficient to
12 meet, but not exceed, the total direct and indirect costs
13 incurred by the department in carrying out its permitting,
14 inspection, sampling, enforcement, and administrative
15 responsibilities under this section. Such fees shall be
16 deposited in the General Inspection Trust Fund and shall be
17 used for the sole purpose of this section.
18 Section 5. Subsection (16) is added to section 531.41,
19 Florida Statutes, to read:
20 531.41 Powers and duties of the department.--The
21 department shall:
22 (16) Provide by rule for the voluntary registration
23 with the department of private weighing and measuring device
24 service agencies or personnel. Such rule shall grant private
25 agencies and personnel that meet all registration requirements
26 and maintain current registered status with the department the
27 authority to place devices that meet all state requirements
28 into commercial service until such time as the devices can be
29 inspected and tested as provided for in subsection (10),
30 provided such devices are reported to the department as
31 prescribed by the rule.
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2237
188-554D-00
1
2 The provisions of this chapter and rules adopted thereunder
3 notwithstanding, scales routinely used by providers of weight
4 control services shall not be considered commercial weights
5 and measures when used to determine human weight or to compute
6 charges or payments for services rendered by such providers on
7 the basis of said weight, measure, or count.
8 Section 6. Subsection (34) of section 570.07, Florida
9 Statutes, is amended, and subsection (35) is added to said
10 section, to read:
11 570.07 Department of Agriculture and Consumer
12 Services; functions, powers, and duties.--The department shall
13 have and exercise the following functions, powers, and duties:
14 (34) To adopt policies creating, and providing for the
15 operation of, an employees' benefit fund. Notwithstanding the
16 provisions of chapter 273, the department may deposit moneys
17 received from the disposition of state-owned tangible personal
18 property, specifically livestock maintained and located at the
19 Doyle E. Conner Agricultural Complex, in the employees'
20 benefit fund.
21 (35) Under emergency conditions, to authorize the
22 purchase of supplemental nutritional food and drink items and
23 set temporary meal expenditure limits for employees engaged in
24 physical activity for prolonged periods of time in excess of
25 the rate established by s. 112.061(6), but not to exceed $50
26 per day.
27 Section 7. Paragraph (f) is added to subsection (1) of
28 section 570.242, Florida Statutes, to read:
29 570.242 Definitions.--For purposes of this act, the
30 following terms shall have the following meanings:
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2237
188-554D-00
1 (1) "Agriculturally depressed area" means a rural area
2 which has declining profitability from agricultural
3 enterprises and one or more of the following characteristics:
4 (f) Crop losses or economic depression resulting from
5 a natural disaster or socioeconomic conditions or events which
6 negatively impact a crop.
7 Section 8. Paragraph (c) of subsection (1) of section
8 570.248, Florida Statutes, is amended to read:
9 570.248 Agricultural Economic Development Project
10 Review Committee; powers and duties.--
11 (1) There is created an Agricultural Economic
12 Development Project Review Committee consisting of five
13 members appointed by the commissioner. The members shall be
14 appointed based upon the recommendations submitted by each
15 entity represented on the committee and shall include:
16 (c) One representative from Enterprise Florida, Inc
17 the Florida Rural Development Committee.
18 Section 9. Section 570.249, Florida Statutes, is
19 created to read:
20 570.249 Agricultural Economic Development Program
21 disaster loans.--
22 (1) USE OF LOAN FUNDS.--Loan funds to agricultural
23 producers who have experienced crop losses from a natural
24 disaster or a socioeconomic condition or event may be used to
25 restore or replace essential physical property, such as
26 animals, fences, equipment, structural production facilities,
27 and orchard trees; pay all or part of production costs
28 associated with the disaster year; pay essential family living
29 expenses; and restructure farm debts. Funds may be issued as
30 direct loans, or as loan guarantees for up to 90 percent of
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2237
188-554D-00
1 the total loan, in amounts not less than $30,000 nor more than
2 $250,000. Applicants must provide at least 10 percent equity.
3 (2) ELIGIBLE CROPS.--Crops eligible for the emergency
4 loan program include:
5 (a) Crops grown for human consumption.
6 (b) Crops planted and grown for livestock consumption,
7 including, but not limited to, grain, seed, and forage crops.
8 (c) Crops grown for fiber, except for trees.
9 (d) Specialty crops, such as aquacultural,
10 floricultural, or ornamental nursery crops; Christmas trees;
11 turf for sod; industrial crops; and seed crops used to produce
12 eligible crops.
13 (3) FARMING INFORMATION.--A borrower must keep
14 complete and acceptable farm records and present them as proof
15 of production levels. A borrower must operate in accordance
16 with a farm plan that he or she develops and that is approved
17 by the commissioner. A borrower may be required to participate
18 in a financial management training program and obtain crop
19 insurance.
20 (4) LOAN APPLICATION.--In order to qualify for a loan
21 under this section, an applicant must submit an application to
22 the committee within 30 days after the date the natural
23 disaster or socioeconomic condition or event occurs or the
24 crop damage becomes apparent. An applicant must be a citizen
25 of the United States, a bona fide resident of the state and,
26 together with the applicant's spouse and their dependents,
27 have a total net worth of less than $100,000. The value of any
28 residential homestead owned by the applicant must not be
29 included in determining the applicant's net worth. An
30 applicant must also demonstrate the need for economic
31 assistance, be worthy of credit according to standards
9
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2237
188-554D-00
1 established by the commissioner, prove that he or she cannot
2 obtain commercial credit, and demonstrate that he or she has
3 the ability to repay the loan.
4 (5) LOAN SECURITY REQUIREMENTS.--All loans must be
5 fully collateralized. A first lien is required on all property
6 or product acquired, produced, or refinanced with loan funds.
7 The specific type of collateral required may vary depending
8 upon the loan purpose, repayment ability, and the particular
9 circumstances of the applicant.
10 (6) LOAN REPAYMENT.--Repayment of loans for crops,
11 livestock, and non-real-estate losses shall normally be made
12 within 7 years or, in special circumstances, within 20 years.
13 Loans for physical losses to real estate and buildings shall
14 not exceed 30 years. Borrowers are expected to return to
15 conventional credit sources when they are financially able.
16 Loans are a temporary source of credit and borrowers must be
17 reviewed periodically to determine whether they can return to
18 conventional credit.
19 Section 10. Subsection (2) of section 570.952, Florida
20 Statutes, is amended to read:
21 570.952 Florida Agriculture Center and Horse Park
22 Authority.--
23 (2) The authority shall be composed of 21 23 members
24 appointed by the commissioner.
25 (a) Members shall include:
26 1. Three citizens-at-large One citizen-at-large, who
27 shall represent the views of the general public toward
28 agriculture and equine activities in the state.
29 2. One representative from the Department of
30 Agriculture and Consumer Services.
31 3. One representative from Enterprise Florida, Inc.
10
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2237
188-554D-00
1 4. One representative from the Department of
2 Environmental Protection, Office of Greenways and Trails
3 Management.
4 5. One member of the Ocala/Marion County Chamber of
5 Commerce.
6 6. Two representatives of the tourism or hospitality
7 industry.
8 7. Three representatives of the commercial agriculture
9 industry.
10 8. Three representatives from recognized horse breed
11 associations.
12 9. One representative of the veterinary industry.
13 10. Three representatives from the competitive equine
14 industry.
15 6. One public/private partnership expert.
16 7. One member of a private environmental organization.
17 8. One fruit and vegetable grower.
18 9. One citrus grower.
19 10. One commercial feed producer.
20 11. One livestock/cattle breeder.
21 12. One quarter horse breeder.
22 13. One thoroughbred horse breeder.
23 14. One standardbred horse breeder.
24 15. One Arabian horse breeder.
25 16. One color breeds horse breeder.
26 17. One licensed veterinarian.
27 18. One Paso Fino horse breeder.
28 19. One ornamental or nursery stock grower.
29 20. One representative from the horse show industry.
30 21. One representative from the horse sport industry.
31
11
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2237
188-554D-00
1 11.22. One representative from the horse pleasure and
2 trail riding trailriders industry.
3 12.23. One representative recommended by from the
4 Board of County Commissioners of Marion County.
5 (b) With the exception of department employees and the
6 citizen-at-large, each member shall be selected from two or
7 three nominees submitted by recognized statewide organizations
8 representing each interest or trade enumerated in this
9 section. In the absence of nominations, the commissioner shall
10 appoint persons who otherwise meet the qualifications for
11 nomination and appointment to the authority.
12 (b)(c) Initially, the commissioner shall appoint 11
13 members 12 members shall be appointed for 4-year terms and 10
14 11 members shall be appointed for 2-year terms. Thereafter,
15 each member shall be appointed for a term of 4 years from the
16 date of appointment, except that a vacancy shall be filled by
17 appointment for the remainder of the term.
18 (c)(d) Any member of the authority who fails to attend
19 three consecutive authority meetings without good cause shall
20 be deemed to have resigned from the authority. The
21 commissioner shall appoint a person representing the same
22 interest or trade as the resigning member. Current members
23 shall continue to serve until successors are appointed.
24 Section 11. Section 585.89, Florida Statutes, is
25 renumbered as section 287.0822, Florida Statutes, and
26 subsection (1) of said section is amended to read:
27 287.0822 585.89 Beef and pork; prohibition on
28 purchase; bid specifications; penalty.--
29 (1) Fresh or frozen beef or pork that has not been
30 inspected by the United States Department of Agriculture or by
31 another state's inspection program which has been approved by
12
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2237
188-554D-00
1 the United States Department of Agriculture the department
2 shall not be purchased, or caused to be purchased, by any
3 agency of the state or of any municipality, political
4 subdivision, school district, or special district for
5 consumption in this state or for distribution for consumption
6 in this state. Bid invitations issued by any agency of the
7 state or of any municipality, political subdivision, school
8 district, or special district for the purchase of fresh or
9 frozen beef or pork must specify that only beef or pork
10 inspected and passed by either the United States Department of
11 Agriculture or by another state's inspection program which has
12 been approved by the United States Department of Agriculture
13 the department will be accepted. The supplier or vendor shall
14 certify on the invoice that the fresh or frozen beef or pork
15 or imported beef or pork supplied is either domestic or
16 complies with this subsection.
17 Section 12. Section 585.92, Florida Statutes, is
18 renumbered as section 287.0821, Florida Statutes, and amended
19 to read:
20 287.0821 585.92 All American and Genuine Florida meat
21 or meat products.--As allowed by the United States Department
22 of Agriculture, each slaughterhouse or meatpacking or
23 processing plant in the state or other person vending any meat
24 or meat product, the meat of which is entirely produced in the
25 United States, may label such meat or meat product "All
26 American", and any such vendor selling any such meat or meat
27 product, the meat of which is entirely produced in the state,
28 may label such meat or meat product "Genuine Florida."
29 Section 13. Subsection (5) of section 590.015, Florida
30 Statutes, is amended to read:
31
13
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2237
188-554D-00
1 590.015 Definitions.--As used in this chapter, the
2 term:
3 (5) "Wild land" means any public or private managed or
4 unmanaged forest, urban/interface, pasture or range land,
5 recreation lands, or any other land at risk of wildfire.
6 Section 14. Section 590.14, Florida Statutes, is
7 amended to read:
8 590.14 Warning citation; Notice of violation;
9 penalties.--
10 (1) If unpredicted atmospheric conditions occur which
11 cause an authorized fire to escape from the boundaries of the
12 authorized area, if the fire does not leave the land owned or
13 controlled by the authorization holder, and if no damage has
14 occurred, the division may issue a warning citation of
15 violation of s. 590.125.
16 (1)(2) If a division employee determines that a person
17 has violated chapter 589 or chapter 590, he or she may issue a
18 notice of violation indicating the statute violated. This
19 notice will be filed with the division and a copy forwarded to
20 the appropriate law enforcement entity for further action if
21 necessary.
22 (2)(3) In addition to any other penalties provided by
23 law, any person who causes a wildfire or permits any
24 authorized fire to escape the boundaries of the authorization
25 or to burn past the time of the authorization is liable for
26 the payment of all reasonable costs and expenses incurred in
27 suppressing the fire or $150, whichever is greater. All costs
28 and expenses incurred by the division shall be payable to the
29 division. When such costs and expenses are not paid within 30
30 days after demand, the division may take proper legal
31 proceedings for the collection of the costs and expenses.
14
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2237
188-554D-00
1 Those costs incurred by an agency acting at the division's
2 direction are recoverable by that agency.
3 (3)(4) The department may also impose an
4 administrative fine, not to exceed $1,000 per violation of any
5 section of chapter 589 or chapter 590. The fine shall be based
6 upon the degree of damage and prior violation record of the
7 person. The fines shall be deposited in the Incidental Trust
8 Fund of the division.
9 (4)(5) The penalties provided in this section shall
10 extend to both the actual violator and the person or persons,
11 firm, or corporation causing, directing, or permitting the
12 violation.
13 Section 15. Section 590.28, Florida Statutes, is
14 amended to read:
15 590.28 Intentional or reckless careless burning of
16 lands.--
17 (1) Whoever intentionally burns, sets fire to, or
18 causes to be burned or causes any fire to be set to, any wild
19 land or vegetative land clearing debris not owned by, or in
20 the lawful possession of, the person setting such fire or
21 burning such lands or causing such fire to be set or lands to
22 be burned without complying with s. 590.125, commits a felony
23 of the third degree, punishable as provided in s. 775.082, s.
24 775.083, or s. 775.084.
25 (2) Whoever recklessly carelessly burns, sets fire to,
26 or causes to be burned any wild lands not owned by, or in the
27 lawful possession of, the person setting the fire or burning
28 the lands or causing the fire to be set or lands to be burned,
29 commits a misdemeanor of the second degree, punishable as
30 provided in s. 775.082 or s. 775.083.
31
15
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2237
188-554D-00
1 Section 16. Paragraph (b) of subsection (5) and
2 paragraph (a) of subsection (7) of section 616.242, Florida
3 Statutes, are amended to read:
4 616.242 Safety standards for amusement rides.--
5 (5) ANNUAL PERMIT.--
6 (b) To apply for an annual permit an owner must submit
7 to the department a written application on a form prescribed
8 by rule of the department, which must include the following:
9 1. The legal name, address, and primary place of
10 business of the owner.
11 2. A description, manufacturer's name, serial number,
12 model number and, if previously assigned, the United States
13 Amusement Identification Number of the amusement ride.
14 3. A valid certificate of insurance or bond for each
15 amusement ride.
16 4. An affidavit of compliance that the amusement ride
17 was inspected in person by the affiant and that the amusement
18 ride is in general conformance with the requirements of this
19 section and all applicable rules adopted by the department.
20 The affidavit must be executed by a professional engineer or a
21 qualified inspector no earlier than 60 days before, but not
22 later than, the date of the filing of the application with the
23 department. The owner shall request inspection and permitting
24 of the amusement ride within 60 days of the date of filing the
25 application with the department. The department shall inspect
26 and permit the amusement ride within 60 days after filing the
27 application with the department of the date the affidavit was
28 executed.
29 5. If required by subsection (6), an affidavit of
30 nondestructive testing dated and executed no earlier than 60
31 days prior to, but not later than, the date of the filing of
16
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2237
188-554D-00
1 the application with the department. The owner shall request
2 inspection and permitting of the amusement ride within 60 days
3 of the date of filing the application with the department. The
4 department shall inspect and permit the amusement ride within
5 60 days after filing the application with the department of
6 the date the affidavit was executed.
7 6. A request for inspection.
8 7. Upon request, the owner shall, at no cost to the
9 department, provide the department a copy of the
10 manufacturer's current recommended operating instructions in
11 the possession of the owner, the owner's operating fact sheet,
12 and any written bulletins in the possession of the owner
13 concerning the safety, operation, or maintenance of the
14 amusement ride.
15 (7) DEPARTMENT INSPECTIONS.--
16 (a) In order to obtain an annual permit, an amusement
17 ride must be inspected by the department in accordance with
18 subsection (11) and receive an inspection certificate. In
19 addition, each permanent amusement ride must be inspected
20 semi-annually by the department in accordance with subsection
21 (11) and receive an inspection certificate, and each temporary
22 amusement ride must be inspected by the department in
23 accordance with subsection (11), and must receive an
24 inspection certificate each time the ride is set up or moved
25 to a new location in this state unless the temporary amusement
26 ride is:
27 1. Used at a private event; or
28 2. Used at a public event when there are no more than
29 three amusement rides at the event, and the capacity of each
30 amusement ride at the event does not exceed eight persons;
31
17
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2237
188-554D-00
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 17. Subsection (6) is added to section 823.14,
6 Florida Statutes, to read:
7 823.14 Florida Right to Farm Act.--
8 (6) LIMITATION OF LOCAL GOVERNMENT REGULATIONS.--A
9 local government may not adopt laws, ordinances, regulations,
10 rules, or policies to prohibit, restrict, regulate, or
11 otherwise limit the continuing agricultural use of any land
12 currently engaged in bona fide production of a farm product as
13 produced by those agricultural industries included in s.
14 570.02(1).
15 Section 18. Repealing ss. 205.1951, 585.70, 585.71,
16 585.715, 585.72, 585.73, 585.74, 585.75, 585.76, 585.77,
17 585.78, 585.79, 585.80, 585.81, 585.82, 585.83, 585.84,
18 585.85, 585.86, 585.87, 585.88, 585.90, 585.902, 585.903,
19 585.904, 585.91, 585.93, and 585.96, Florida Statutes.
20 Section 19. This act shall take effect July 1, 2000.
21
22
23
24
25
26
27
28
29
30
31
18
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2237
188-554D-00
1 *****************************************
2 HOUSE SUMMARY
3
Clarifies provisions relating to conveyance of state
4 lands to the Department of Agriculture and Consumer
Services. Removes references to specific fire tower sites
5 and work centers from provisions relating to the
department's Relocation and Construction Trust Fund.
6 Revises department authority to adopt rules relating to
pesticides used for preconstruction treatments. Removes
7 certain requirements relating to the fees for bottled
water plants, packaged ice plants, and water vending
8 machines. Authorizes the department to provide by rule
for voluntary registration of private weighing and
9 measuring device service agencies and personnel.
Authorizes the department to deposit certain moneys in
10 the employees' benefit fund. Authorizes the department,
under emergency conditions, to purchase supplemental food
11 and drink items and set certain temporary meal
expenditure limits. Revises the definition of
12 "agriculturally depressed area" under the Agricultural
Economic Development Act. Revises membership of the
13 Agricultural Economic Development Project Review
Committee. Establishes a program to provide disaster
14 loans for crop losses, under the Agricultural Economic
Development Program. Revises appointment of members of
15 the Florida Agriculture Center and Horse Park Authority.
Authorizes state purchase of beef or pork inspected by
16 another state's federally approved inspection program.
Removes authority of the Division of Forestry to issue
17 warning citations relating to certain authorized fires.
Revises the definition of "wild land," relating to forest
18 protection. Revises timing requirements for inspection
and permitting of amusement rides. Removes exemptions
19 from inspection requirements for certain temporary rides
at public events. Under the Florida Right to Farm Act,
20 limits local government regulation of certain continuing
agricultural uses of land. Repeals the state meat
21 inspection program.
22
23
24
25
26
27
28
29
30
31
19