Senate Bill sb1922

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    Florida Senate - 2001                                  SB 1922

    By Senator Geller





    29-1490A-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 lend 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 s. 500.12, F.S.;

26         increasing the maximum fee for a food permit;

27         limiting the use of such fees; amending ss.

28         502.012, 502.014, F.S.; revising references

29         relating to the pasteurized milk ordinance and

30         milk sanitation; deleting a requirement that a

31         copy of a federal temporary marketing permit

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    Florida Senate - 2001                                  SB 1922
    29-1490A-01                                             See HB




  1         for milk and milk products be forwarded to the

  2         department; amending s. 502.053, F.S.;

  3         clarifying milk testing requirements; amending

  4         s. 502.091, F.S.; authorizing the department to

  5         forgo the grading of certain milk products in

  6         an emergency; providing for labeling; amending

  7         s. 503.041, F.S.; providing that an attempted

  8         or purported transfer of a frozen dessert plant

  9         license is grounds for its suspension or

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

11         authorizing the department to conduct

12         investigations of violations of laws relating

13         to consumer protection; authorizing the

14         department to repair or construct structures;

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

16         embargo, detainment, or destruction of food or

17         food processing equipment of a frozen dessert

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

19         clarifying powers and duties of the department

20         relating to the development of agribusinesses;

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

22         aquacultural crops eligible for Agricultural

23         Economic Development Program disaster loans;

24         revising loan application requirements;

25         directing the department to establish an

26         agribusiness market development grant program;

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

28         of the Animal Industry Technical Council;

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

30         for violation of rules relating to plant

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

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    Florida Senate - 2001                                  SB 1922
    29-1490A-01                                             See HB




  1         prohibiting regulation of care and treatment of

  2         livestock and poultry by other agencies when

  3         the department has undertaken to do so;

  4         amending s. 585.145, F.S.; prescribing

  5         requirements with respect to veterinarians who

  6         may inspect animals for disease; amending s.

  7         585.155, F.S.; revising vaccination

  8         requirements for calves; amending s. 616.242,

  9         F.S.; providing additional exemptions from

10         amusement ride safety standards; amending s.

11         828.22, F.S.; creating the "Humane Slaughter

12         Act"; revising provisions relating to humane

13         slaughter and livestock euthanasia; amending s.

14         828.23, F.S.; revising definitions; amending s.

15         828.24, F.S.; revising provisions relating to

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

17         revising provisions relating to administration

18         of the act by the department; creating s.

19         828.251, F.S.; directing the department to make

20         current technical information available to

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

22         providing for humane treatment of nonambulatory

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

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

25         conforming cross-references; repealing s.

26         570.544(10) and (11), F.S., relating to

27         authority of the Division of Consumer Services

28         of the department to conduct investigations of

29         violations of laws relating to consumer

30         protection; providing effective dates.

31

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    Florida Senate - 2001                                  SB 1922
    29-1490A-01                                             See HB




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

  2

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

  4  120.80, Florida Statutes, is amended to read:

  5         120.80  Exceptions and special requirements;

  6  agencies.--

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

  8         (a)  Agricultural Marketing orders under chapter 527,

  9  chapter 573, or chapter 601 are not rules.

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

11  Florida Statutes, to read:

12         125.27  Countywide forest fire protection; authority of

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

14  assessments; disposition.--

15         (3)  The Department of Agriculture and Consumer

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

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

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

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

20  items received from public or private entities. The

21  department, and those private or public entities providing

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

23  be held liable for civil damage resulting from use or

24  possession of such items. Private or public entities that

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

26  county, or local governmental entities having fire/rescue

27  responsibilities shall not be held liable for civil damage

28  resulting from use or possession of such items.

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

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

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

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    Florida Senate - 2001                                  SB 1922
    29-1490A-01                                             See HB




  1         201.15  Distribution of taxes collected.--All taxes

  2  collected under this chapter shall be distributed as follows

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

  4  215.20(1), except that such service charge shall not be levied

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

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

  7  required to pay any amounts relating to the bonds:

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

  9  collected under this chapter shall be paid into the State

10  Treasury and divided equally to the credit of the Department

11  of Environmental Protection Water Quality Assurance Trust Fund

12  to address water quality impacts associated with

13  nonagricultural nonpoint sources and to the credit of the

14  Department of Agriculture and Consumer Services General

15  Inspection Trust Fund to address water quality impacts

16  associated with agricultural nonpoint sources, respectively.

17  These funds shall be used for research, development,

18  demonstration, and implementation of suitable best management

19  practices or other measures used to achieve water quality

20  standards in surface waters and water segments identified

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

22  92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best

23  management practices and other measures may include cost-share

24  grants, technical assistance, implementation tracking, and

25  conservation leases or other agreements for water quality

26  improvement. The Department of Environmental Protection and

27  the Department of Agriculture and Consumer Services may adopt

28  rules governing the distribution of funds for implementation

29  of best management practices. The unobligated balance of funds

30  received from the distribution of taxes collected under this

31  chapter to address water quality impacts associated with

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    Florida Senate - 2001                                  SB 1922
    29-1490A-01                                             See HB




  1  nonagricultural nonpoint sources will be excluded when

  2  calculating the unobligated balance of the Water Quality

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

  4  applicable excise tax rate.

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

  6  Statutes, is amended to read:

  7         403.714  Duties of state agencies.--

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

  9  the Department of Transportation, the department, and the

10  Department of Management Services and local governments, are

11  required to procure compost products when they can be

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

13  products, provided the compost products meet all applicable

14  state standards, specifications, and regulations. The

15  Department of Agriculture and Consumer Services shall

16  coordinate the development of uniform product specifications

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

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

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

20  planting projects, recultivation and erosion control programs,

21  and other projects. The Department of Agriculture and Consumer

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

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

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

25  person contracting with such agency with respect to work

26  performed under contract. Such summary shall describe the use

27  of compost products in relation to similar products such as

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

29  Department of Agriculture and Consumer Services shall

30  establish a work group of state agency and local government

31  personnel to design an appropriate reporting mechanism. The

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    Florida Senate - 2001                                  SB 1922
    29-1490A-01                                             See HB




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

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

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

  4  section 487.041, Florida Statutes, to read:

  5         487.041  Registration.--

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

  7  under this section, has the power to:

  8         (e)  Require data demonstrating the efficacy of

  9  pesticide products containing label statements that include

10  directions for use as preventive treatments for termites for

11  new construction. The department shall review the data and

12  determine if the data supports label claims of termite

13  prevention or protection from termite damage. Label claims for

14  protection from damage must be supported by data that shows

15  the product will prevent damage to a structure and its

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

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

18  cannot be registered or reregistered. The department shall

19  adopt rules specifying performance standards and acceptable

20  test conditions for data submitted in support of an efficacy

21  claim, or may reference such performance standards and test

22  conditions established by the United States Environmental

23  Protection Agency.

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

25  Statutes, is amended to read:

26         500.09  Rulemaking; analytical work.--

27         (7)  The department may establish and collect

28  reasonable fees for laboratory services performed pursuant to

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

30  a food establishment when the reinspection is conducted for

31  the purpose of verifying compliance with the provisions of

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    Florida Senate - 2001                                  SB 1922
    29-1490A-01                                             See HB




  1  this chapter or rules promulgated thereunder. Such fees shall

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

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

  4  services provided.

  5         Section 7.  Paragraph (b) of subsection (1) of section

  6  500.12, Florida Statutes, is amended to read:

  7         500.12  Food permits; building permits.--

  8         (1)

  9         (b)  An application for a food permit from the

10  department must be accompanied by a fee in an amount

11  determined by department rule, which may not exceed $1,000 and

12  shall be used solely for the recovery of costs for the

13  services provided $350, except that the fee accompanying an

14  application for a food permit for operating a bottled water

15  plant may not exceed $1,000 and the fee accompanying an

16  application for a food permit for operating a packaged ice

17  plant may not exceed $250.  The fee for operating a bottled

18  water plant or a packaged ice plant shall be set by rule of

19  the department. Food permits must be renewed annually on or

20  before January 1. If an application for renewal of a food

21  permit is not received by the department within 30 days after

22  its due date, a late fee, in an amount not exceeding $100,

23  must be paid in addition to the food permit fee before the

24  department may issue the food permit. The moneys collected

25  shall be deposited in the General Inspection Trust Fund.

26         Section 8.  Subsection (15) of section 502.012, Florida

27  Statutes, is amended to read:

28         502.012  Definitions.--The following definitions shall

29  apply in the interpretation and enforcement of this law:

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

31  Pasteurized Milk Ordinance, 1993 Recommendations of United

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    Florida Senate - 2001                                  SB 1922
    29-1490A-01                                             See HB




  1  States Public Health Service/Food and Drug Administration

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

  3  as adopted by department rule.

  4         Section 9.  Paragraph (b) of subsection (2) and

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

  6  amended to read:

  7         502.014  Powers and duties.--

  8         (2)

  9         (b)  The department shall designate employees who shall

10  be certified by the United States Food and Drug Administration

11  as state milk sanitation rating officers, sampling

12  surveillance officers, and laboratory evaluation officers in

13  accordance with the requirements published in "Methods of

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

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

16  "Procedures Governing the Cooperative State-Public Health

17  Service/Food and Drug Administration Program for Certification

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

19  adopted by department rule. These officers shall conduct

20  routine sanitation compliance survey ratings of milk

21  producers, milk plants, laboratories, receiving stations,

22  transfer stations, and manufacturers of single-service

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

24  made in accordance with the recommendations of the United

25  States Food and Drug Administration published in Standard

26  Methods for the Examination of Dairy Products.

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

28  permit from the United States Food and Drug Administration for

29  milk and milk products that do not conform to existing

30  standards and definitions shall immediately forward a copy of

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

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    Florida Senate - 2001                                  SB 1922
    29-1490A-01                                             See HB




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

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

  3  interest of the state to do so.

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

  5  issuance of a state temporary marketing permit for milk and

  6  milk products that do not conform to existing standards and

  7  definitions.

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

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

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

11  shall cover all costs of issuing the state permit or

12  processing the federal permit.

13         Section 10.  Paragraph (c) of subsection (2) of section

14  502.053, Florida Statutes, is amended to read:

15         502.053  Permits; requirements; exemptions; temporary

16  permits.--

17         (2)  REQUIREMENTS.--

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

19  of the pasteurized milk ordinance and its appendices, each

20  milk plant operator in the state shall be responsible for

21  routine testing and inspection of raw milk shipped from

22  outside the state prior to processing and shall notify the

23  department when such testing and inspection indicates a

24  violation of the standards contained in the pasteurized milk

25  ordinance.

26         Section 11.  Paragraph (a) of subsection (1) of section

27  502.091, Florida Statutes, is amended to read:

28         502.091  Milk and milk products which may be sold.--

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

30  certified pasteurized milk shall be sold to the final consumer

31

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    Florida Senate - 2001                                  SB 1922
    29-1490A-01                                             See HB




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

  2  establishments.

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

  4  authorize the sale of reconstituted pasteurized milk products,

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

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

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

  8  determined by the department. "ungraded."

  9         Section 12.  Subsection (1) of section 503.041, Florida

10  Statutes, is amended to read:

11         503.041  License fee; report required; penalty.--

12         (1)  Each frozen dessert plant that manufactures frozen

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

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

15  license. Any attempted or purported transfer of such license

16  is grounds for suspension or revocation of the license.

17         Section 13.  Subsections (36), (37), and (38) are added

18  to section 570.07, Florida Statutes, to read:

19         570.07  Department of Agriculture and Consumer

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

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

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

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

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

25  occurred or is occurring, to conduct an investigation,

26  subpoena witnesses and evidence, and administer oaths and

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

28  department has reason to believe a violation of chapter 501

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

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

31

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    Florida Senate - 2001                                  SB 1922
    29-1490A-01                                             See HB




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

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

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

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

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

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

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

  8  commence legal proceedings in circuit court to enjoin the act

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

10  appropriate relief on behalf of consumers. Upon application by

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

12  the commencement of the proceedings.

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

14  appropriations authority, notwithstanding chapters 216 and

15  255, not to exceed a cost of $250,000 per structure. These

16  structures must meet all applicable building codes.

17         Section 14.  Subsection (6) is added to section

18  503.071, Florida Statutes, to read:

19         503.071  Penalty, injunction, and administrative

20  fines.--

21         (6)  Frozen dessert manufacturers are subject to the

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

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

24  the provisions of this section.

25         Section 15.  Subsection (4) of section 570.244, Florida

26  Statutes, is amended to read:

27         570.244  Department of Agriculture and Consumer

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

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

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

31  the power and duty to:

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    Florida Senate - 2001                                  SB 1922
    29-1490A-01                                             See HB




  1         (4)  Facilitate economic growth through the development

  2  of new agribusinesses such as value-added processing plants

  3  and associated enterprises using raw products which are

  4  produced in the state.

  5         Section 16.  Effective upon this act becoming a law,

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

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

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

  9         570.249  Agricultural Economic Development Program

10  disaster loans.--

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

12  loan program include:

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

14  including shellfish cultivation and harvesting and commercial

15  fishing; aquacultural, floricultural, or ornamental nursery

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

17  seed crops used to produce eligible crops.

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

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

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

21  natural disaster or socioeconomic condition or event occurs or

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

23  citizen of the United States and, a bona fide resident of the

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

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

26  value of any residential homestead owned by the applicant must

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

28  applicant must also demonstrate the need for economic

29  assistance, be worthy of credit according to standards

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

31

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    Florida Senate - 2001                                  SB 1922
    29-1490A-01                                             See HB




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

  2  the ability to repay the loan.

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

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

  5  property or product acquired, produced, or refinanced with

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

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

  8  particular circumstances of the applicant.

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

10  grant program to provide aid to agribusinesses to assist in

11  market development.

12         Section 17.  Subsection (1) of section 570.38, Florida

13  Statutes, is amended to read:

14         570.38  Animal Industry Technical Council.--

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

16  Council is hereby created in the department and shall be

17  composed of 14 11 members as follows:

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

19  agricultural markets, meat processing and packing

20  establishments, veterinary medicine, and poultry

21  representatives who serve on the State Agricultural Advisory

22  Council and three additional representatives from the beef

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

24  representing other animal industries in the state, who shall

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

26  their successors are duly qualified and appointed.

27         (b)  Each additional beef cattle representative shall

28  be appointed subject to the qualifications and by the

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

30  council by the beef cattle representative.  If a vacancy

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

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    Florida Senate - 2001                                  SB 1922
    29-1490A-01                                             See HB




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

  2  appointment.

  3         Section 18.  Paragraph (a) of subsection (1) of section

  4  581.211, Florida Statutes, is amended to read:

  5         581.211  Penalties for violations.--

  6         (1)  Any person who:

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

  8  rules adopted under this chapter;

  9

10  commits a misdemeanor of the first degree, punishable as

11  provided in s. 775.082 or s. 775.083.

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

13  585.002, Florida Statutes, to read:

14         585.002  Department control; continuance of powers,

15  duties, rules, orders, etc.--

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

17  notwithstanding any other provision of law, another state

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

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

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

21  pastured in this state when such activity is regulated through

22  best-management practices developed or adopted by the

23  department under chapter 120 as part of a statewide or

24  regional program.

25         Section 20.  Subsection (4) is added to section

26  585.145, Florida Statutes, to read:

27         585.145  Control of animal diseases.--

28         (4)  Official certificates of veterinary inspection may

29  be completed only by a veterinarian accredited under the

30  National Veterinary Accreditation Program. The department may,

31  as prescribed by rule, deny a veterinarian the authority to

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    Florida Senate - 2001                                  SB 1922
    29-1490A-01                                             See HB




  1  issue health certificates for the importation, movement, or

  2  transfer of ownership of animals into or within the state as

  3  required by this section for one of the following causes;

  4         (a)  The revocation of such veterinarian's license to

  5  practice veterinary medicine in the state;

  6         (b)  Forging, counterfeiting, altering, or

  7  misrepresenting an official certificate of veterinary

  8  inspection; or

  9         (c)  Failure to report, or the negligent handling of,

10  any reportable disease.

11         Section 21.  Paragraphs (a), (c), and (d) of subsection

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

13         585.155  Whole-herd and calf vaccination.--

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

15  abortus vaccine shall be permanently identified at the time of

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

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

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

19  followed by the last numeral of the year.

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

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

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

23  shall be immediately furnished to the department and shall

24  constitute the official record of vaccination.

25         Section 22.  Paragraph (a) of subsection (10) of

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

27         616.242  Safety standards for amusement rides.--

28         (10)  EXEMPTIONS.--

29         (a)  This section does not apply to:

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

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

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    Florida Senate - 2001                                  SB 1922
    29-1490A-01                                             See HB




  1  safety inspectors. Furthermore, the permanent facilities must

  2  file an affidavit of the annual inspection with the

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

  4  Additionally, the Department of Agriculture and Consumer

  5  Services may consult annually with the permanent facilities

  6  regarding industry safety programs.

  7         2.  Any playground operated by a school, local

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

  9  playground is an incidental amenity and the operating entity

10  is not primarily engaged in providing amusement, pleasure,

11  thrills, or excitement.

12         3.  Museums or other institutions principally devoted

13  to the exhibition of products of agriculture, industry,

14  education, science, religion, or the arts.

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

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

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

18  amusement rides is limited to the registered attendees of the

19  convention or trade show.

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

21  games, bowling alleys, miniature golf courses, mechanical

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

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

24  airplanes, parasails, hot air or helium balloons whether

25  tethered or untethered, theatres, batting cages, stationary

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

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

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

29  participation is not open to the public.

30         7.  Nonmotorized playground equipment that is not

31  required to have a manager.

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    Florida Senate - 2001                                  SB 1922
    29-1490A-01                                             See HB




  1         8.  Coin-actuated amusement rides designed to be

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

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

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

  5  less.

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

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

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

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

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

11         11.  Mechanically driven vehicles that pull train cars,

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

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

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

15  per hour.

16         Section 23.  Section 828.22, Florida Statutes, is

17  amended to read:

18         828.22  Humane Slaughter Act; humane slaughter and

19  livestock euthanasia; requirements requirement.--

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

21  Slaughter Act."

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

23  use of humane methods in the killing slaughter of livestock

24  prevents needless suffering, results in safer and better

25  working conditions for persons engaged in the slaughtering

26  industry or other livestock operations, brings about

27  improvement of products and economy in slaughtering or other

28  livestock operations, and produces other benefits for

29  producers, processors, and consumers which tend to expedite

30  the orderly flow of livestock and their products.

31

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    Florida Senate - 2001                                  SB 1922
    29-1490A-01                                             See HB




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

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

  3  the handling of livestock in connection with slaughter shall

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

  5  methods of slaughter shall conform generally to those employed

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

  7  to those authorized by the Federal Humane Slaughter Act of

  8  1958, and regulations thereunder.

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

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

11  religious freedom of any person or group.  Notwithstanding any

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

13  protect freedom of religion, ritual slaughter and the handling

14  or other preparation of livestock for ritual slaughter are

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

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

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

18         Section 24.  Section 828.23, Florida Statutes, is

19  amended to read:

20         828.23  Definitions; ss. 828.22-828.26.--As used in ss.

21  828.22-828.26, the following words shall have the meaning

22  indicated:

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

24  and Consumer Services.

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

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

27  whole or in part.

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

29  livestock animals for any purpose.

30         (4)(3)  "Slaughterer" means any person other than a

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

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    Florida Senate - 2001                                  SB 1922
    29-1490A-01                                             See HB




  1  animal control agency, who kills regularly engaged in the

  2  commercial slaughtering of livestock.

  3         (5)(4)  "Livestock" means cattle, calves, sheep, swine,

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

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

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

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

  8  does not include poultry and aquatic species.

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

10  of slaughtering, or of manufacturing or preparing meat or meat

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

12  manufacturing or preparing livestock products for sale by such

13  person or others.

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

15  facility commonly known as a stockyard, conducted or operated

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

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

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

19  sale or shipment.

20         (6)(7)  "Humane method" means either:

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

22  effectively rendered insensitive to pain by electrical or

23  chemical means or by a penetrating captive bolt or gunshot

24  with appropriate caliber and placement rendered insensible to

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

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

27  thrown, cast, or cut; or

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

29  any religious faith whereby the animal suffers loss of

30  consciousness by anemia of the brain caused by the

31

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    Florida Senate - 2001                                  SB 1922
    29-1490A-01                                             See HB




  1  simultaneous and instantaneous severance of the carotid

  2  arteries with a sharp instrument.

  3         Section 25.  Section 828.24, Florida Statutes, is

  4  amended to read:

  5         828.24  Prohibited acts; exemption.--

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

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

  8  operator shall shackle, hoist, or otherwise bring livestock

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

10  injury or pain.

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

12  kill any animal prior to rendering the animal insensitive to

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

14  slaughter any livestock except by a humane method.

15         (3)  Nothing in this section precludes the enforcement

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

17  apply to any person, firm or corporation slaughtering or

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

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

20         Section 26.  Section 828.25, Florida Statutes, is

21  amended to read:

22         828.25  Administration; rules and regulations;

23  inspection; fees.--

24         (1)  The department shall administer the provisions of

25  ss. 828.22-828.26 this act. It shall adopt promulgate and may

26  from time to time revise rules, and regulations which rules

27  must shall conform substantially to and must not be less

28  restrictive than the rules and regulations promulgated by the

29  Secretary of Agriculture of the United States pursuant to the

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

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

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    Florida Senate - 2001                                  SB 1922
    29-1490A-01                                             See HB




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

  2  declared to be an inhumane method of slaughter within the

  3  meaning of this act.

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

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

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

  7  premises of any slaughterer for the purposes of verifying

  8  compliance or noncompliance with the provisions of ss.

  9  828.22-828.26 this act.

10         (3)  The department has the authority to conduct

11  inspections of the premises of slaughterers at random

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

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

14  Additional inspections shall be made not less frequently than

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

16         Section 27.  Section 828.251, Florida Statutes, is

17  created to read:

18         828.251  Instruction.--The department, in conjunction

19  with the State University System, the American Veterinary

20  Medical Association, and humane animal groups, shall make

21  available to slaughterers the most current technical

22  information. Such information may be in video or manual

23  format, or another widely accepted media format.

24         Section 28.  Section 828.252, Florida Statutes, is

25  created to read:

26         828.252  Nonambulatory animals.--This section

27  acknowledges that natural emergencies may arise and that, even

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

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

30  humane manner.

31

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    Florida Senate - 2001                                  SB 1922
    29-1490A-01                                             See HB




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

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

  3  unassisted.

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

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

  6  hours, or drag any nonambulatory animal unless the

  7  nonambulatory animal has been humanely euthanized, except in

  8  such cases where providing proper care requires that the

  9  animal be moved.

10         Section 29.  Section 828.26, Florida Statutes, is

11  amended to read:

12         828.26  Penalties Penalty.--

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

14  828.22-828.26 and any rule associated with these sections

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

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

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

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

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

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

21  comply with this provision shall be a misdemeanor of the

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

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

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

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

26  775.083. Upon failure to be in compliance with the provisions

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

28  first inspection required under s. 828.25, the department

29  shall direct the slaughterer to cease slaughtering livestock.

30  Failure to comply with this directive shall be a misdemeanor

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

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    Florida Senate - 2001                                  SB 1922
    29-1490A-01                                             See HB




  1  and constituting a separate offense for each day of continued

  2  slaughtering operations beyond the first week following

  3  mailing of such directive to the slaughterer by the

  4  department.

  5         (3)  Nothing in this section precludes the enforcement

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

  7         Section 30.  Subsection (10) of section 427.804,

  8  Florida Statutes, is amended to read:

  9         427.804  Repair of nonconforming assistive technology

10  devices; refund or replacement of devices after attempt to

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

12  investigation; limitation of rights.--

13         (10)  The department shall process consumer complaints

14  pursuant to ss. 570.07 and s. 570.544.

15         Section 31.  Subsection (2) of section 559.921, Florida

16  Statutes, is amended to read:

17         559.921  Remedies.--

18         (2)  The department shall process consumer complaints

19  according to ss. 570.07 and s. 570.544.

20         Section 32.  Subsections (10) and (11) of section

21  570.544, Florida Statutes, are repealed.

22         Section 33.  Except as otherwise provided in this act,

23  this act shall take effect July 1, 2001.

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    Florida Senate - 2001                                  SB 1922
    29-1490A-01                                             See HB




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

  2                       LEGISLATIVE SUMMARY

  3
      Revises various provisions relating to agriculture and
  4    consumer services. Authorizes the Department of
      Agriculture and Consumer Services to require and review
  5    data relating to the claims of preventive treatment for
      termites. Authorizes fees for certain reinspection of
  6    food establishments. Increases food permit fees. Provides
      for the embargo, detainment, or destruction of food or
  7    food processing equipment of a frozen dessert
      manufacturer under certain conditions. Authorizes the
  8    department, rather than the Division of Consumer
      Services, to conduct certain investigations of violations
  9    of consumer protection laws. Requires accreditation of
      veterinarians who inspect animals for infectious disease.
10    Creates the "Humane Slaughter Act," revising various
      provisions, including definitions, prohibited acts, and
11    penalties, relating to humane slaughter and livestock
      euthanasia. (See bill for details.)
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