House Bill 4027

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 2000                HB 4027

        By the Committee on Rules & Calendar and Representative
    Constantine





  1                      A bill to be entitled

  2         An act relating to the Florida Statutes;

  3         repealing various statutory provisions that

  4         have become obsolete, have had their effect,

  5         have served their purpose, or have been

  6         impliedly repealed or superseded; repealing ss.

  7         506.01-506.05, F.S., relating to regulation on

  8         the use of stamped or marked containers and

  9         baskets; repealing ss. 506.14-506.18, F.S.,

10         relating to regulation of the sale or

11         distribution of milk products in marked

12         bottles, cans, or crates; repealing ss.

13         506.29-506.45, F.S., the Florida Milk and

14         Ice-cream Container Law; amending s. 506.519,

15         F.S.; revising a reference, to conform;

16         repealing ch. 523, F.S., relating to regulation

17         of naval stores; repealing ch. 544, F.S.,

18         relating to combinations against Florida meats;

19         repealing s. 571.24(4), F.S., relating to an

20         obsolete duty of the Department of Agriculture

21         and Consumer Services under the Florida

22         Agricultural Promotional Campaign Act; amending

23         s. 576.045, F.S.; deleting a provision that

24         required a progress report to the Legislature

25         on the use of best-management practices to

26         prevent nitrate contamination of groundwater;

27         correcting cross references, to conform;

28         repealing ss. 588.07 and 588.08, F.S., relating

29         to the prohibition against stakes and the right

30         to land not in issue at trial; repealing s.

31         593.114(3)(b), F.S., relating to applicability

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    Florida House of Representatives - 2000                HB 4027

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  1         of provisions concerning the validity of

  2         assessments under the Florida Boll Weevil

  3         Eradication Law; repealing s. 597.004(2)(e),

  4         F.S., relating to a progress report to the

  5         Legislature on the use of best-management

  6         practices to prevent contamination of

  7         groundwater and surface water; repealing ch.

  8         602, F.S., relating to citrus canker disease;

  9         repealing s. 698.10, F.S., relating to chattel

10         mortgages filed or recorded prior to a certain

11         date; repealing s. 865.04, F.S., relating to a

12         prohibition against the false packing of

13         provisions; providing an effective date.

14

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

16

17         Section 1.  Sections 506.01, 506.02, 506.03, 506.04,

18  and 506.05, Florida Statutes, are repealed.

19         Section 2.  Sections 506.14, 506.15, 506.16, 506.17,

20  and 506.18, Florida Statutes, are repealed.

21         Section 3.  Sections 506.29, 506.30, 506.31, 506.32,

22  506.33, 506.34, 506.35, 506.36, 506.37, 506.38, 506.39,

23  506.40, 506.41, 506.42, 506.43, 506.44, and 506.45, Florida

24  Statutes, are repealed.

25         Section 4.  Subsection (2) of section 506.519, Florida

26  Statutes, is amended to read:

27         506.519  Scope of ss. 506.501-506.519.--

28         (2)  The provisions of ss. 506.501-506.519 are intended

29  to be supplemental to the other provisions of this chapter ss.

30  506.01-506.45 and any other provisions of law governing the

31  subject matter of ss. 506.501-506.519.

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    Florida House of Representatives - 2000                HB 4027

    175-154-00






  1         Section 5.  Sections 523.01, 523.02, 523.03, 523.04,

  2  523.05, 523.06, 523.07, 523.08, 523.09, 523.10, 523.12,

  3  523.13, 523.14, 523.15, 523.16, 523.17, 523.18, 523.19,

  4  523.20, 523.21, and 523.22, Florida Statutes, are repealed.

  5         Section 6.  Sections 544.01, 544.02, 544.03, 544.04,

  6  544.05, and 544.06, Florida Statutes, are repealed.

  7         Section 7.  Subsection (4) of section 571.24, Florida

  8  Statutes, is repealed.

  9         Section 8.  Subsections (7), (8), and (9) of section

10  576.045, Florida Statutes, are amended to read:

11         576.045  Nitrate; findings and intent; fees; purpose;

12  best-management practices; waiver of liability; compliance;

13  rules; report; exclusions; expiration.--

14         (7)  REPORT.--The department shall provide a progress

15  report to the President of the Senate and the Speaker of the

16  House of Representatives by December 31, 1999, concerning the

17  research, development, implementation, and effectiveness of

18  best-management practices to prevent nitrate contamination of

19  groundwater.

20         (7)(8)  OTHER PROVISIONS.--

21         (a)  This section does not limit the authority of the

22  Department of Environmental Protection to regulate discharges

23  associated with the commercial feeding of livestock and

24  poultry defined in chapter 585, including that of dairy farm

25  and egg production operations, or the disposal of sludge,

26  residuals, or septage. This paragraph does not grant

27  additional authority to regulate these discharges.

28         (b)  This section does not limit federally delegated

29  regulatory authority.

30         (c)  The Department of Environmental Protection may

31  adopt rules to establish criteria for dairy farms which

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    Florida House of Representatives - 2000                HB 4027

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  1  provide reasonable assurance that state nitrate groundwater

  2  quality standards will not be violated and which, provided

  3  such criteria are met, shall prohibit the Department of

  4  Environmental Protection from instituting proceedings against

  5  any dairy farmer under the provisions of s. 376.307(5) and

  6  shall provide a presumption of compliance with safe nitrate

  7  groundwater quality standards.

  8         (d)  This section, except for subsection (2), does not

  9  apply to the manufacture, mixing, or blending of fertilizer,

10  including fertilizer containing sludge, residuals, or septage.

11         (8)(9)  EXPIRATION OF PROVISIONS.--Subsections (1),

12  (2), (3), (4), and (6), and (7) expire on December 31, 2003.

13  Subsections (5) and (7) (8) expire on December 31, 2008.

14         Section 9.  Sections 588.07 and 588.08, Florida

15  Statutes, are repealed.

16         Section 10.  Paragraph (b) of subsection (3) of section

17  593.114, Florida Statutes, is repealed.

18         Section 11.  Paragraph (e) of subsection (2) of section

19  597.004, Florida Statutes, is repealed.

20         Section 12.  Sections 602.015, 602.025, 602.035,

21  602.055, 602.065, 602.075, 602.085, 602.095, 602.097, and

22  602.099, Florida Statutes, are repealed.

23         Section 13.  Section 698.10, Florida Statutes, is

24  repealed.

25         Section 14.  Section 865.04, Florida Statutes, is

26  repealed.

27         Section 15.  This act shall take effect upon becoming a

28  law.

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    Florida House of Representatives - 2000                HB 4027

    175-154-00






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  2                          HOUSE SUMMARY

  3
      Repeals various statutory provisions that have become
  4    obsolete, have had their effect, have served their
      purpose, or have been impliedly repealed or superseded.
  5    Repeals or deletes provisions relating to regulation on
      the use of stamped or marked containers and baskets;
  6    regulation of the sale or distribution of milk products
      in marked bottles, cans, or crates; the Florida Milk and
  7    Ice-cream Container Law; regulation of naval stores;
      combinations against Florida meats; an obsolete duty of
  8    the Department of Agriculture and Consumer Services under
      the Florida Agricultural Promotional Campaign Act; a
  9    progress report to the Legislature on the use of
      best-management practices to prevent nitrate
10    contamination of groundwater; the prohibition against
      stakes and the right to land not in issue at trial;
11    applicability of provisions concerning the validity of
      assessments under the Florida Boll Weevil Eradication
12    Law; a progress report to the Legislature on the use of
      best-management practices to prevent contamination of
13    groundwater and surface water; citrus canker disease;
      chattel mortgages filed or recorded prior to May 1, 1935;
14    and a prohibition against the false packing of
      provisions.
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