Senate Bill sb1798

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    Florida Senate - 2001                                  SB 1798

    By Senator Geller





    29-715A-01                                              See HB

  1                      A bill to be entitled

  2         An act relating to agriculture and consumer

  3         services; amending s. 120.80, F.S.; providing

  4         that marketing orders under ch. 527, F.S., are

  5         not rules; amending s. 125.27, F.S.;

  6         authorizing the Department of Agriculture and

  7         Consumer Services to lease or loan equipment to

  8         governmental entities that have fire/rescue

  9         responsibilities; limiting liability for civil

10         damages resulting from use or possession of

11         such equipment; amending s. 201.15, F.S.;

12         authorizing the department to adopt rules

13         regarding the distribution of funds for best

14         management practices; amending s. 403.714,

15         F.S.; deleting a requirement that the

16         department coordinate development of uniform

17         product specifications for compost used by

18         state agencies; amending s. 487.041, F.S.;

19         authorizing the department to require and

20         review data relating to the claims of pesticide

21         products used as preventive treatment for

22         termites; authorizing the department to adopt

23         rules; amending s. 500.09, F.S.; authorizing

24         fees for certain reinspection of food

25         establishments; amending ss. 502.012, 502.014,

26         F.S.; revising references relating to the

27         pasteurized milk ordinance and milk sanitation;

28         deleting a requirement that a copy of a federal

29         temporary marketing permit for milk and milk

30         products be forwarded to the department;

31         amending s. 502.053, F.S.; clarifying milk

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    Florida Senate - 2001                                  SB 1798
    29-715A-01                                              See HB




  1         testing requirements; amending s. 502.091,

  2         F.S.; authorizing the department to forgo the

  3         grading of certain milk products in an

  4         emergency; providing for labeling; amending s.

  5         503.041, F.S.; providing that an attempted or

  6         purported transfer of a frozen dessert plant

  7         license is grounds for its suspension or

  8         revocation; amending s. 570.07, F.S.;

  9         authorizing the department to conduct

10         investigations of violations of laws relating

11         to consumer protection; authorizing the

12         department to repair or construct structures;

13         amending s. 503.071, F.S.; providing for the

14         embargo, detainment, or destruction of food or

15         food processing equipment of a frozen dessert

16         manufacturer; amending s. 570.244, F.S.;

17         clarifying powers and duties of the department

18         relating to the development of agribusinesses;

19         amending s. 570.249, F.S.; clarifying

20         aquacultural crops eligible for Agricultural

21         Economic Development Program disaster loans;

22         revising loan application requirements;

23         directing the department to establish an

24         agribusiness market development grant program;

25         amending s. 570.38, F.S.; increasing membership

26         of the Animal Industry Technical Council;

27         amending s. 581.211, F.S.; providing a penalty

28         for violation of rules relating to plant

29         industry; amending s. 585.002, F.S.;

30         prohibiting regulation of care and treatment of

31         livestock and poultry by other agencies when

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    Florida Senate - 2001                                  SB 1798
    29-715A-01                                              See HB




  1         the department has undertaken to do so;

  2         amending s. 585.155, F.S.; revising vaccination

  3         requirements for calves; amending s. 616.242,

  4         F.S.; providing additional exemptions from

  5         amusement ride safety standards; amending s.

  6         828.22, F.S.; creating the "Humane Slaughter

  7         Act"; revising provisions relating to humane

  8         slaughter and livestock euthanasia; amending s.

  9         828.23, F.S.; revising definitions; amending s.

10         828.24, F.S.; revising provisions relating to

11         prohibited acts; amending s. 828.25, F.S.;

12         revising provisions relating to administration

13         of the act by the department; creating s.

14         828.251, F.S.; directing the department to make

15         current technical information available to

16         slaughterers; creating s. 828.252, F.S.;

17         providing for humane treatment of nonambulatory

18         animals; amending s. 828.26, F.S.; revising

19         penalties; amending ss. 427.804, 559.921, F.S.;

20         conforming cross-references; repealing s.

21         570.544(10) and (11), F.S., relating to

22         authority of the Division of Consumer Services

23         of the department to conduct investigations of

24         violations of laws relating to consumer

25         protection; providing effective dates.

26

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

28

29         Section 1.  Paragraph (a) of subsection (2) of section

30  120.80, Florida Statutes, is amended to read:

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    Florida Senate - 2001                                  SB 1798
    29-715A-01                                              See HB




  1         120.80  Exceptions and special requirements;

  2  agencies.--

  3         (2)  DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.--

  4         (a)  Agricultural Marketing orders under chapter 527,

  5  chapter 573, or chapter 601 are not rules.

  6         Section 2.  Subsection (3) is added to section 125.27,

  7  Florida Statutes, to read:

  8         125.27  Countywide forest fire protection; authority of

  9  the Division of Forestry; state funding; county fire control

10  assessments; disposition.--

11         (3)  The Department of Agriculture and Consumer

12  Services may lease, loan, or otherwise make available, without

13  charge, to state, county, and local governmental entities that

14  have fire/rescue responsibilities, new or used fire protection

15  equipment, vehicles, or supplies, which shall include all such

16  items received from public or private entities. The

17  department, and those private or public entities providing

18  such items for loan or lease through the department, shall not

19  be held liable for civil damage resulting from use or

20  possession of such items. Private or public entities that

21  donate equipment, vehicles, or supplies directly to state,

22  county, or local governmental entities having fire/rescue

23  responsibilities shall not be held liable for civil damage

24  resulting from use or possession of such items.

25         Section 3.  Subsection (8) of section 201.15, Florida

26  Statutes, as amended by chapters 99-247, 2000-151, 2000-170,

27  and 2000-197, Laws of Florida, is amended to read:

28         201.15  Distribution of taxes collected.--All taxes

29  collected under this chapter shall be distributed as follows

30  and shall be subject to the service charge imposed in s.

31  215.20(1), except that such service charge shall not be levied

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    Florida Senate - 2001                                  SB 1798
    29-715A-01                                              See HB




  1  against any portion of taxes pledged to debt service on bonds

  2  to the extent that the amount of the service charge is

  3  required to pay any amounts relating to the bonds:

  4         (8)  One-half of one percent of the remaining taxes

  5  collected under this chapter shall be paid into the State

  6  Treasury and divided equally to the credit of the Department

  7  of Environmental Protection Water Quality Assurance Trust Fund

  8  to address water quality impacts associated with

  9  nonagricultural nonpoint sources and to the credit of the

10  Department of Agriculture and Consumer Services General

11  Inspection Trust Fund to address water quality impacts

12  associated with agricultural nonpoint sources, respectively.

13  These funds shall be used for research, development,

14  demonstration, and implementation of suitable best management

15  practices or other measures used to achieve water quality

16  standards in surface waters and water segments identified

17  pursuant to ss. 303(d) of the Clean Water Act, Pub. L. No.

18  92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best

19  management practices and other measures may include cost-share

20  grants, technical assistance, implementation tracking, and

21  conservation leases or other agreements for water quality

22  improvement. The Department of Environmental Protection and

23  the Department of Agriculture and Consumer Services may adopt

24  rules governing the distribution of funds for implementation

25  of best management practices. The unobligated balance of funds

26  received from the distribution of taxes collected under this

27  chapter to address water quality impacts associated with

28  nonagricultural nonpoint sources will be excluded when

29  calculating the unobligated balance of the Water Quality

30  Assurance Trust Fund as it relates to the determination of the

31  applicable excise tax rate.

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    Florida Senate - 2001                                  SB 1798
    29-715A-01                                              See HB




  1         Section 4.  Subsection (3) of section 403.714, Florida

  2  Statutes, is amended to read:

  3         403.714  Duties of state agencies.--

  4         (3)  All state agencies, including, but not limited to,

  5  the Department of Transportation, the department, and the

  6  Department of Management Services and local governments, are

  7  required to procure compost products when they can be

  8  substituted for, and cost no more than, regular soil amendment

  9  products, provided the compost products meet all applicable

10  state standards, specifications, and regulations. The

11  Department of Agriculture and Consumer Services shall

12  coordinate the development of uniform product specifications

13  for procurement and use of compost by all state agencies. This

14  product preference shall apply to, but not be limited to, the

15  construction of highway projects, road rights-of-way, highway

16  planting projects, recultivation and erosion control programs,

17  and other projects. The Department of Agriculture and Consumer

18  Services shall prepare an annual summary on the use of compost

19  products by any state agency, political subdivision, or agency

20  of a political subdivision which is using state funds, or any

21  person contracting with such agency with respect to work

22  performed under contract. Such summary shall describe the use

23  of compost products in relation to similar products such as

24  top soil, fill dirt, sand, peat, and fertilizer. The

25  Department of Agriculture and Consumer Services shall

26  establish a work group of state agency and local government

27  personnel to design an appropriate reporting mechanism. The

28  report shall be submitted to the Governor, the President of

29  the Senate, and the Speaker of the House of Representatives.

30         Section 5.  Paragraph (e) is added to subsection (4) of

31  section 487.041, Florida Statutes, to read:

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    Florida Senate - 2001                                  SB 1798
    29-715A-01                                              See HB




  1         487.041  Registration.--

  2         (4)  The department, in addition to its other duties

  3  under this section, has the power to:

  4         (e)  Require data demonstrating the efficacy of

  5  pesticide products containing label statements that include

  6  directions for use as preventive treatments for termites for

  7  new construction. The department shall review the data and

  8  determine if the data supports label claims of termite

  9  prevention or protection from termite damage. Label claims for

10  protection from damage must be supported by data that shows

11  the product will prevent damage to a structure and its

12  contents for a minimum of 5 years under Florida conditions. If

13  the data does not support such label claims, then the product

14  cannot be registered or reregistered. The department shall

15  adopt rules specifying performance standards and acceptable

16  test conditions for data submitted in support of an efficacy

17  claim, or may reference such performance standards and test

18  conditions established by the United States Environmental

19  Protection Agency.

20         Section 6.  Subsection (7) of section 500.09, Florida

21  Statutes, is amended to read:

22         500.09  Rulemaking; analytical work.--

23         (7)  The department may establish and collect

24  reasonable fees for laboratory services performed pursuant to

25  subsection (6) or to recover the cost of each reinspection of

26  a food establishment when the reinspection is conducted for

27  the purpose of verifying compliance with the provisions of

28  this chapter or rules promulgated thereunder. Such fees shall

29  be deposited in the department's General Inspection Trust Fund

30  and shall be used solely for the recovery of costs for the

31  services provided.

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    Florida Senate - 2001                                  SB 1798
    29-715A-01                                              See HB




  1         Section 7.  Subsection (15) of section 502.012, Florida

  2  Statutes, is amended to read:

  3         502.012  Definitions.--The following definitions shall

  4  apply in the interpretation and enforcement of this law:

  5         (15)  "Pasteurized milk ordinance" means the Grade A

  6  Pasteurized Milk Ordinance, 1993 Recommendations of United

  7  States Public Health Service/Food and Drug Administration

  8  Publication No. 229, including and all associated appendices,

  9  as adopted by department rule.

10         Section 8.  Paragraph (b) of subsection (2) and

11  subsection (5) of section 502.014, Florida Statutes, are

12  amended to read:

13         502.014  Powers and duties.--

14         (2)

15         (b)  The department shall designate employees who shall

16  be certified by the United States Food and Drug Administration

17  as state milk sanitation rating officers, sampling

18  surveillance officers, and laboratory evaluation officers in

19  accordance with the requirements published in "Methods of

20  Making Sanitation Ratings of Milk Supplies, 1989 Revision,"

21  "Evaluation of Milk Laboratories, 1985 Revision," and

22  "Procedures Governing the Cooperative State-Public Health

23  Service/Food and Drug Administration Program for Certification

24  of Interstate Milk Shippers, 1991 Revision," respectively, as

25  adopted by department rule. These officers shall conduct

26  routine sanitation compliance survey ratings of milk

27  producers, milk plants, laboratories, receiving stations,

28  transfer stations, and manufacturers of single-service

29  containers for milk and milk products. These ratings shall be

30  made in accordance with the recommendations of the United

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    Florida Senate - 2001                                  SB 1798
    29-715A-01                                              See HB




  1  States Food and Drug Administration published in Standard

  2  Methods for the Examination of Dairy Products.

  3         (5)(a)  A person who obtains a temporary marketing

  4  permit from the United States Food and Drug Administration for

  5  milk and milk products that do not conform to existing

  6  standards and definitions shall immediately forward a copy of

  7  the permit to the department. The department may allow the

  8  person to operate in the state under the authority of the

  9  federal permit if the department determines that it is in the

10  interest of the state to do so.

11         (a)(b)  The department shall adopt criteria for

12  issuance of a state temporary marketing permit for milk and

13  milk products that do not conform to existing standards and

14  definitions.

15         (b)(c)  The department shall establish a fee, not to

16  exceed $100, for the issuance of a state temporary marketing

17  permit or the use of a federal permit in the state. The fee

18  shall cover all costs of issuing the state permit or

19  processing the federal permit.

20         Section 9.  Paragraph (c) of subsection (2) of section

21  502.053, Florida Statutes, is amended to read:

22         502.053  Permits; requirements; exemptions; temporary

23  permits.--

24         (2)  REQUIREMENTS.--

25         (c)  In addition to the testing required in Appendix N

26  of the pasteurized milk ordinance and its appendices, each

27  milk plant operator in the state shall be responsible for

28  routine testing and inspection of raw milk shipped from

29  outside the state prior to processing and shall notify the

30  department when such testing and inspection indicates a

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    Florida Senate - 2001                                  SB 1798
    29-715A-01                                              See HB




  1  violation of the standards contained in the pasteurized milk

  2  ordinance.

  3         Section 10.  Paragraph (a) of subsection (1) of section

  4  502.091, Florida Statutes, is amended to read:

  5         502.091  Milk and milk products which may be sold.--

  6         (1)  Only Grade A pasteurized milk and milk products or

  7  certified pasteurized milk shall be sold to the final consumer

  8  or to restaurants, soda fountains, grocery stores, or similar

  9  establishments.

10         (a)  In an emergency, however, the department may

11  authorize the sale of reconstituted pasteurized milk products,

12  or pasteurized milk and milk products that which have not been

13  graded, or the grade of that which is unknown, in which case

14  such milk and milk products shall be appropriately labeled, as

15  determined by the department. "ungraded."

16         Section 11.  Subsection (1) of section 503.041, Florida

17  Statutes, is amended to read:

18         503.041  License fee; report required; penalty.--

19         (1)  Each frozen dessert plant that manufactures frozen

20  desserts or other products defined in this chapter, or offers

21  these products for sale in this state must hold a valid

22  license. Any attempted or purported transfer of such license

23  is grounds for suspension or revocation of the license.

24         Section 12.  Subsections (36), (37), and (38) are added

25  to section 570.07, Florida Statutes, to read:

26         570.07  Department of Agriculture and Consumer

27  Services; functions, powers, and duties.--The department shall

28  have and exercise the following functions, powers, and duties:

29         (36)  If the department, by its own inquiry or as a

30  result of complaints, has reason to believe that a violation

31  of the laws of the state relating to consumer protection has

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    Florida Senate - 2001                                  SB 1798
    29-715A-01                                              See HB




  1  occurred or is occurring, to conduct an investigation,

  2  subpoena witnesses and evidence, and administer oaths and

  3  affirmations. If, as a result of the investigation, the

  4  department has reason to believe a violation of chapter 501

  5  has occurred, the department shall have the authority to bring

  6  an action in accordance with the provisions of chapter 501.

  7         (37)  If the department, by its own inquiry or as a

  8  result of complaints, has reason to believe that a violation

  9  of the laws of the state relating to consumer protection has

10  occurred or is occurring, that the interests of the consumers

11  of this state have been damaged or are being damaged, or that

12  the public health, safety, or welfare is endangered or is

13  likely to be endangered by any consumer product or service, to

14  commence legal proceedings in circuit court to enjoin the act

15  or practice or the sale of the product or service and may seek

16  appropriate relief on behalf of consumers. Upon application by

17  the department, a hearing shall be held within 3 days after

18  the commencement of the proceedings.

19         (38)  To repair or build structures, from existing

20  appropriations authority, notwithstanding chapters 216 and

21  255, not to exceed a cost of $100,000 per structure. These

22  structures must meet all applicable building codes.

23         Section 13.  Subsection (6) is added to section

24  503.071, Florida Statutes, to read:

25         503.071  Penalty, injunction, and administrative

26  fines.--

27         (6)  Frozen dessert manufacturers are subject to the

28  provisions of s. 500.172, relating to embargoing, detaining,

29  or destroying food or food processing equipment, as well as

30  the provisions of this section.

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    Florida Senate - 2001                                  SB 1798
    29-715A-01                                              See HB




  1         Section 14.  Subsection (4) of section 570.244, Florida

  2  Statutes, is amended to read:

  3         570.244  Department of Agriculture and Consumer

  4  Services; powers and duties.--For the accomplishment of the

  5  purposes specified in this act, the department shall have all

  6  powers and duties necessary, including, but not limited to,

  7  the power and duty to:

  8         (4)  Facilitate economic growth through the development

  9  of new agribusinesses such as value-added processing plants

10  and associated enterprises using raw products which are

11  produced in the state.

12         Section 15.  Effective upon this act becoming a law,

13  paragraph (d) of subsection (2) and subsections (4) and (5) of

14  section 570.249, Florida Statutes, are amended, and subsection

15  (7) is added to that section, to read:

16         570.249  Agricultural Economic Development Program

17  disaster loans.--

18         (2)  ELIGIBLE CROPS.--Crops eligible for the emergency

19  loan program include:

20         (d)  Specialty crops, such as seafood and aquaculture,

21  including shellfish cultivation and harvesting and commercial

22  fishing; aquacultural, floricultural, or ornamental nursery

23  crops; Christmas trees; turf for sod; industrial crops; and

24  seed crops used to produce eligible crops.

25         (4)  LOAN APPLICATION.--In order to qualify for a loan

26  under this section, an applicant must submit an application to

27  the department committee within 90 30 days after the date the

28  natural disaster or socioeconomic condition or event occurs or

29  the crop damage becomes apparent. An applicant must be a

30  citizen of the United States, a bona fide resident of the

31  state and, together with the applicant's spouse and their

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    Florida Senate - 2001                                  SB 1798
    29-715A-01                                              See HB




  1  dependents, have a total net worth of less than $100,000. The

  2  value of any residential homestead owned by the applicant must

  3  not be included in determining the applicant's net worth. An

  4  applicant must also demonstrate the need for economic

  5  assistance, be worthy of credit according to standards

  6  established by the commissioner, prove that he or she cannot

  7  obtain commercial credit, and demonstrate that he or she has

  8  the ability to repay the loan.

  9         (5)  LOAN SECURITY REQUIREMENTS.--All loans must be

10  secured fully collateralized. A first lien is required on all

11  property or product acquired, produced, or refinanced with

12  loan funds. The specific type of collateral required may vary

13  depending upon the loan purpose, repayment ability, and the

14  particular circumstances of the applicant.

15         (7)  GRANTS AND AID.--The department shall establish a

16  grant program to provide aid to agribusinesses to assist in

17  market development.

18         Section 16.  Subsection (1) of section 570.38, Florida

19  Statutes, is amended to read:

20         570.38  Animal Industry Technical Council.--

21         (1)  COMPOSITION.--The Animal Industry Technical

22  Council is hereby created in the department and shall be

23  composed of 14 11 members as follows:

24         (a)  The beef cattle, swine, dairy, horse, independent

25  agricultural markets, meat processing and packing

26  establishments, veterinary medicine, and poultry

27  representatives who serve on the State Agricultural Advisory

28  Council and three additional representatives from the beef

29  cattle industry, as well as three at-large members

30  representing other animal industries in the state, who shall

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    Florida Senate - 2001                                  SB 1798
    29-715A-01                                              See HB




  1  be appointed by the commissioner for 4-year terms or until

  2  their successors are duly qualified and appointed.

  3         (b)  Each additional beef cattle representative shall

  4  be appointed subject to the qualifications and by the

  5  procedure as prescribed in s. 570.23 for membership to the

  6  council by the beef cattle representative.  If a vacancy

  7  occurs in these three positions, it shall be filled for the

  8  remainder of the term in the same manner as an initial

  9  appointment.

10         Section 17.  Paragraph (a) of subsection (1) of section

11  581.211, Florida Statutes, is amended to read:

12         581.211  Penalties for violations.--

13         (1)  Any person who:

14         (a)  Violates any provision of this chapter or the

15  rules adopted under this chapter;

16

17  commits a misdemeanor of the first degree, punishable as

18  provided in s. 775.082 or s. 775.083.

19         Section 18.  Subsection (6) is added to section

20  585.002, Florida Statutes, to read:

21         585.002  Department control; continuance of powers,

22  duties, rules, orders, etc.--

23         (6)  Except as otherwise provided in this chapter, and

24  notwithstanding any other provision of law, another state

25  agency or a local government may not adopt any ordinance,

26  rule, or policy for the humane care and treatment of

27  livestock, as defined in s. 585.01(13), and poultry housed or

28  pastured in this state when such activity is regulated through

29  best-management practices developed or adopted by the

30  department under chapter 120 as part of a statewide or

31  regional program.

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    Florida Senate - 2001                                  SB 1798
    29-715A-01                                              See HB




  1         Section 19.  Paragraphs (a), (c), and (d) of subsection

  2  (2) of section 585.155, Florida Statutes, are amended to read:

  3         585.155  Whole-herd and calf vaccination.--

  4         (2)(a)  All calves officially vaccinated with Brucella

  5  abortus vaccine shall be permanently identified at the time of

  6  vaccination with the official shield tattoo "V," registered by

  7  the United States Department of Agriculture, in the right ear,

  8  preceded by the numeral of the quarter of the year and

  9  followed by the last numeral of the year.

10         (c)  Heifer calves must be vaccinated when not less

11  than 4 months and not more than 10 months of age.

12         (c)(d)  Duplicate reports covering these vaccinations

13  shall be immediately furnished to the department and shall

14  constitute the official record of vaccination.

15         Section 20.  Paragraph (a) of subsection (10) of

16  section 616.242, Florida Statutes, is amended to read:

17         616.242  Safety standards for amusement rides.--

18         (10)  EXEMPTIONS.--

19         (a)  This section does not apply to:

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

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

22  safety inspectors. Furthermore, the permanent facilities must

23  file an affidavit of the annual inspection with the

24  department, on a form prescribed by rule of the department.

25  Additionally, the Department of Agriculture and Consumer

26  Services may consult annually with the permanent facilities

27  regarding industry safety programs.

28         2.  Any playground operated by a school, local

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

30  playground is an incidental amenity and the operating entity

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    Florida Senate - 2001                                  SB 1798
    29-715A-01                                              See HB




  1  is not primarily engaged in providing amusement, pleasure,

  2  thrills, or excitement.

  3         3.  Museums or other institutions principally devoted

  4  to the exhibition of products of agriculture, industry,

  5  education, science, religion, or the arts.

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

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

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

  9  amusement rides is limited to the registered attendees of the

10  convention or trade show.

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

12  games, bowling alleys, miniature golf courses, mechanical

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

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

15  airplanes, parasails, hot air or helium balloons whether

16  tethered or untethered, theatres, batting cages, stationary

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

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

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

20  participation is not open to the public.

21         7.  Nonmotorized playground equipment that is not

22  required to have a manager.

23         8.  Coin-actuated amusement rides designed to be

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

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

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

27  less.

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

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

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    Florida Senate - 2001                                  SB 1798
    29-715A-01                                              See HB




  1         10.  Battery-powered cars or other vehicles that are

  2  designed to be operated by children 7 years of age or under

  3  and that cannot exceed a speed of 4 miles per hour.

  4         11.  Mechanically driven vehicles that pull train cars,

  5  carts, wagons, or other similar vehicles, that are not

  6  confined to a metal track or confined to an area but are

  7  steered by an operator and do not exceed a speed of 4 miles

  8  per hour.

  9         Section 21.  Section 828.22, Florida Statutes, is

10  amended to read:

11         828.22  Humane Slaughter Act; humane slaughter and

12  livestock euthanasia; requirements requirement.--

13         (1)  Sections 828.22-828.26 may be cited as the "Humane

14  Slaughter Act."

15         (2)(a)(1)  The Legislature of this state finds that the

16  use of humane methods in the killing slaughter of livestock

17  prevents needless suffering, results in safer and better

18  working conditions for persons engaged in the slaughtering

19  industry or other livestock operations, brings about

20  improvement of products and economy in slaughtering or other

21  livestock operations, and produces other benefits for

22  producers, processors, and consumers which tend to expedite

23  the orderly flow of livestock and their products.

24         (b)(2)  It is therefore declared to be the policy of

25  this state to require that the slaughter of all livestock and

26  the handling of livestock in connection with slaughter shall

27  be carried out only by humane methods and to provide that

28  methods of slaughter shall conform generally to those employed

29  in other states where humane slaughter is required by law and

30  to those authorized by the Federal Humane Slaughter Act of

31  1958, and regulations thereunder.

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    Florida Senate - 2001                                  SB 1798
    29-715A-01                                              See HB




  1         (3)  Nothing in ss. 828.22-828.26 this act shall be

  2  construed to prohibit, abridge, or in any way hinder the

  3  religious freedom of any person or group.  Notwithstanding any

  4  other provision of ss. 828.22-828.26 this act, in order to

  5  protect freedom of religion, ritual slaughter and the handling

  6  or other preparation of livestock for ritual slaughter are

  7  exempted from the terms of ss. 828.22-828.26 this act.  For

  8  the purposes of this action the term "ritual slaughter" means

  9  slaughter in accordance with s. 828.23(3)(7)(b).

10         Section 22.  Section 828.23, Florida Statutes, is

11  amended to read:

12         828.23  Definitions; ss. 828.22-828.26.--As used in ss.

13  828.22-828.26, the following words shall have the meaning

14  indicated:

15         (1)  "Department" means the Department of Agriculture

16  and Consumer Services.

17         (2)  "Person" means any individual, partnership,

18  corporation, or association doing business in this state, in

19  whole or in part.

20         (3)  "Slaughter" means the act of killing one or more

21  livestock animals for any purpose.

22         (4)(3)  "Slaughterer" means any person other than a

23  licensed veterinarian, or an employee of a humane society or

24  animal control agency, who kills regularly engaged in the

25  commercial slaughtering of livestock.

26         (5)(4)  "Livestock" means cattle, calves, sheep, swine,

27  horses, mules, goats, ostriches, rheas, emus, and any other

28  domestic animal that which can or may be used in the

29  preparation of animal and for the preparation of meat or meat

30  products. For the purposes of ss. 828.22-828.26, "livestock"

31  does not include poultry and aquatic species.

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    Florida Senate - 2001                                  SB 1798
    29-715A-01                                              See HB




  1         (5)  "Packer" means any person engaged in the business

  2  of slaughtering, or of manufacturing or preparing meat or meat

  3  products for sale, either by such person or others; or of

  4  manufacturing or preparing livestock products for sale by such

  5  person or others.

  6         (6)  "Stockyard" means any place, establishment, or

  7  facility commonly known as a stockyard, conducted or operated

  8  for compensation or profit as a public market, consisting of

  9  pens, or other enclosures, and their appurtenances, for the

10  handling, keeping, and holding of livestock for the purpose of

11  sale or shipment.

12         (6)(7)  "Humane method" means either:

13         (a)  A method whereby the animal is rapidly and

14  effectively rendered insensitive to pain by electrical or

15  chemical means or by a penetrating captive bolt or gunshot

16  with appropriate caliber and placement rendered insensible to

17  pain by mechanical, electrical, chemical, or other means that

18  are rapid and effective, before being shackled, hoisted,

19  thrown, cast, or cut; or

20         (b)  A method in accordance with ritual requirements of

21  any religious faith whereby the animal suffers loss of

22  consciousness by anemia of the brain caused by the

23  simultaneous and instantaneous severance of the carotid

24  arteries with a sharp instrument.

25         Section 23.  Section 828.24, Florida Statutes, is

26  amended to read:

27         828.24  Prohibited acts; exemption.--

28         (1)  No person shall kill an animal in any way except

29  by an approved humane method slaughterer, packer, or stockyard

30  operator shall shackle, hoist, or otherwise bring livestock

31

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    Florida Senate - 2001                                  SB 1798
    29-715A-01                                              See HB




  1  into position for slaughter, by any method which shall cause

  2  injury or pain.

  3         (2)  No person shall shackle or hoist with intent to

  4  kill any animal prior to rendering the animal insensitive to

  5  pain slaughterer, packer, or stockyard operator shall bleed or

  6  slaughter any livestock except by a humane method.

  7         (3)  Nothing in this section precludes the enforcement

  8  of s. 828.12 relating to cruelty to animals This act shall not

  9  apply to any person, firm or corporation slaughtering or

10  processing for sale within the state not more than 20 head of

11  cattle nor more than 35 head of hogs per week.

12         Section 24.  Section 828.25, Florida Statutes, is

13  amended to read:

14         828.25  Administration; rules and regulations;

15  inspection; fees.--

16         (1)  The department shall administer the provisions of

17  ss. 828.22-828.26 this act. It shall promulgate and may from

18  time to time revise rules, and regulations which rules must

19  shall conform substantially to and must not be less

20  restrictive than the rules and regulations promulgated by the

21  Secretary of Agriculture of the United States pursuant to the

22  Federal Humane Slaughter Act of 1958, Pub. L. No. 85-765, 72

23  Stat. 862, and any amendments thereto; provided, however, that

24  the use of a manually operated hammer, sledge or poleax is

25  declared to be an inhumane method of slaughter within the

26  meaning of this act.

27         (2)  The department may appoint any member of its staff

28  as an official inspector for the purposes of ss. 828.22-828.26

29  this act.  Such inspector shall have the power to enter the

30  premises of any slaughterer for the purposes of verifying

31

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    Florida Senate - 2001                                  SB 1798
    29-715A-01                                              See HB




  1  compliance or noncompliance with the provisions of ss.

  2  828.22-828.26 this act.

  3         (3)  The department has the authority to conduct

  4  inspections of the premises of slaughterers at random

  5  intervals. As soon as practicable after October 1, 1961, an

  6  inspection shall be made of the premises of each slaughterer.

  7  Additional inspections shall be made not less frequently than

  8  quarterly.  No fee shall be charged for such inspection.

  9         Section 25.  Section 828.251, Florida Statutes, is

10  created to read:

11         828.251  Instruction.--The department, in conjunction

12  with the State University System, the American Veterinary

13  Medical Association, and humane animal groups, shall make

14  available to slaughterers the most current technical

15  information. Such information may be in video or manual

16  format, or another widely accepted media format.

17         Section 26.  Section 828.252, Florida Statutes, is

18  created to read:

19         828.252  Nonambulatory animals.--This section

20  acknowledges that natural emergencies may arise and that, even

21  under recognized best-management practices, injury may occur.

22  In all cases, nonambulatory animals must be dealt with in a

23  humane manner.

24         (1)  As used in this section, the term "nonambulatory

25  animal" means any livestock that is unable to stand and walk

26  unassisted.

27         (2)  A person may not buy, sell, give, receive,

28  transfer, market, hold without providing proper care within 24

29  hours, or drag any nonambulatory animal unless the

30  nonambulatory animal has been humanely euthanized, except in

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    Florida Senate - 2001                                  SB 1798
    29-715A-01                                              See HB




  1  such cases where providing proper care requires that the

  2  animal be moved.

  3         Section 27.  Section 828.26, Florida Statutes, is

  4  amended to read:

  5         828.26  Penalties Penalty.--

  6         (1)  Any person who violates the provisions of ss.

  7  828.22-828.26 and any rule associated with these sections

  8  shall be subject to an administrative fine of up to $10,000

  9  for each violation. No slaughterer found by the department in

10  accordance with the above not to be in compliance with the

11  provisions of this act shall sell any meat or meat products to

12  any public agency in the state, or to any institution

13  supported by state, county, or municipal funds. Failure to

14  comply with this provision shall be a misdemeanor of the

15  second degree, punishable as provided in s. 775.083.

16         (2)  Unless otherwise provided, any person who violates

17  any provision of ss. 828.22-828.26 commits a misdemeanor of

18  the second degree, punishable as provided in s. 775.082 or s.

19  775.083. Upon failure to be in compliance with the provisions

20  of this act after a period of 1 year from the date of the

21  first inspection required under s. 828.25, the department

22  shall direct the slaughterer to cease slaughtering livestock.

23  Failure to comply with this directive shall be a misdemeanor

24  of the second degree, punishable as provided in s. 775.083,

25  and constituting a separate offense for each day of continued

26  slaughtering operations beyond the first week following

27  mailing of such directive to the slaughterer by the

28  department.

29         (3)  Nothing in this section precludes the enforcement

30  of s. 828.12, relating to cruelty to animals.

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    Florida Senate - 2001                                  SB 1798
    29-715A-01                                              See HB




  1         Section 28.  Subsection (10) of section 427.804,

  2  Florida Statutes, is amended to read:

  3         427.804  Repair of nonconforming assistive technology

  4  devices; refund or replacement of devices after attempt to

  5  repair; sale or lease of returned device; arbitration;

  6  investigation; limitation of rights.--

  7         (10)  The department shall process consumer complaints

  8  pursuant to ss. 570.07 and s. 570.544.

  9         Section 29.  Subsection (2) of section 559.921, Florida

10  Statutes, is amended to read:

11         559.921  Remedies.--

12         (2)  The department shall process consumer complaints

13  according to ss. 570.07 and s. 570.544.

14         Section 30.  Subsections (10) and (11) of section

15  570.544, Florida Statutes, are repealed.

16         Section 31.  Except as otherwise provided in this act,

17  this act shall take effect July 1, 2001.

18

19            *****************************************

20                       LEGISLATIVE SUMMARY

21
      Revises various provisions relating to agriculture and
22    consumer services. Authorizes the Department of
      Agriculture and Consumer Services to require and review
23    data relating to the claims of preventive treatment for
      termites. Authorizes fees for certain reinspection of
24    food establishments. Provides for the embargo,
      detainment, or destruction of food or food processing
25    equipment of a frozen dessert manufacturer under certain
      conditions. Authorizes the department, rather than the
26    Division of Consumer Services, to conduct certain
      investigations of violations of consumer protection laws.
27    Creates the "Humane Slaughter Act," revising various
      provisions, including definitions, prohibited acts, and
28    penalties, relating to humane slaughter and livestock
      euthanasia. (See bill for details.)
29

30

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