Senate Bill sb1922
CODING: Words stricken are deletions; words underlined are additions.
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
1
CODING: Words stricken are deletions; words underlined are additions.
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.;
2
CODING: Words stricken are deletions; words underlined are additions.
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
3
CODING: Words stricken are deletions; words underlined are additions.
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:
4
CODING: Words stricken are deletions; words underlined are additions.
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
5
CODING: Words stricken are deletions; words underlined are additions.
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
6
CODING: Words stricken are deletions; words underlined are additions.
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
7
CODING: Words stricken are deletions; words underlined are additions.
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
8
CODING: Words stricken are deletions; words underlined are additions.
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
9
CODING: Words stricken are deletions; words underlined are additions.
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
10
CODING: Words stricken are deletions; words underlined are additions.
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
11
CODING: Words stricken are deletions; words underlined are additions.
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:
12
CODING: Words stricken are deletions; words underlined are additions.
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
13
CODING: Words stricken are deletions; words underlined are additions.
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
14
CODING: Words stricken are deletions; words underlined are additions.
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
15
CODING: Words stricken are deletions; words underlined are additions.
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
16
CODING: Words stricken are deletions; words underlined are additions.
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.
17
CODING: Words stricken are deletions; words underlined are additions.
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
18
CODING: Words stricken are deletions; words underlined are additions.
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
19
CODING: Words stricken are deletions; words underlined are additions.
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
20
CODING: Words stricken are deletions; words underlined are additions.
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
21
CODING: Words stricken are deletions; words underlined are additions.
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
22
CODING: Words stricken are deletions; words underlined are additions.
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,
23
CODING: Words stricken are deletions; words underlined are additions.
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.
24
25
26
27
28
29
30
31
24
CODING: Words stricken are deletions; words underlined are additions.
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.)
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
25
CODING: Words stricken are deletions; words underlined are additions.