Senate Bill sb1922c1

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    Florida Senate - 2001                           CS for SB 1922

    By the Committee on Agriculture and Consumer Services; and
    Senator Geller




    303-1768A-01

  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. 316.228,

15         F.S.; revising requirements for lamps on

16         projecting loads; amending s. 320.08, F.S.;

17         redefining the term "goat" to include certain

18         additional farm equipment for purposes of the

19         annual license tax imposed on trucks; amending

20         s. 403.714, F.S.; deleting a requirement that

21         the department coordinate development of

22         uniform product specifications for compost used

23         by state agencies; amending s. 487.041, F.S.;

24         authorizing the department to require and

25         review data relating to the claims of pesticide

26         products used as preventive treatment for

27         termites; authorizing the department to adopt

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

29         fees for certain reinspection of food

30         establishments; amending s. 500.12, F.S.;

31         increasing the maximum fee for a food permit;

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  1         limiting the use of such fees; amending ss.

  2         502.012, 502.014, F.S.; revising references

  3         relating to the pasteurized milk ordinance and

  4         milk sanitation; deleting a requirement that a

  5         copy of a federal temporary marketing permit

  6         for milk and milk products be forwarded to the

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

  8         clarifying milk testing requirements; amending

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

10         forgo the grading of certain milk products in

11         an emergency; providing for labeling; amending

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

13         or purported transfer of a frozen dessert plant

14         license is grounds for its suspension or

15         revocation; repealing ss. 504.21, 504.22,

16         504.23, 504.24, 504.25, 504.26, 504.27, 504.28,

17         504.29, 504.31, 504.32, 504.33, 504.34, 504.35,

18         504.36, F.S.; eliminating the Florida Organic

19         Farming and Food Law; repealing ss. 536.20,

20         536.21, 536.22, F.S., relating to timber and

21         lumber; repealing s. 570.381, F.S., relating to

22         Appaloosa racing; amending ss. 550.2625,

23         550.2633, F.S.; conforming cross-references;

24         amending s. 570.07, F.S.; authorizing the

25         department to conduct investigations of

26         violations of laws relating to consumer

27         protection; authorizing the department to

28         repair or construct structures; amending s.

29         503.071, F.S.; providing for the embargo,

30         detainment, or destruction of food or food

31         processing equipment of a frozen dessert

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

  2         clarifying powers and duties of the department

  3         relating to the development of agribusinesses;

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

  5         aquacultural crops eligible for Agricultural

  6         Economic Development Program disaster loans;

  7         revising loan application requirements;

  8         directing the department to establish an

  9         agribusiness market development grant program;

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

11         of the Animal Industry Technical Council;

12         amending s. 580.031, F.S.; revising

13         definitions; amending s. 580.051, F.S.;

14         revising label requirements for feed; amending

15         s. 580.065, F.S.; revising feed laboratory

16         procedures; amending s. 580.091, F.S.; removing

17         intent language regarding feed sampling and

18         analysis; amending s. 580.112, F.S.; expanding

19         prohibited acts; amending s. 581.211, F.S.;

20         providing a penalty for violation of rules

21         relating to plant industry; amending s.

22         585.002, F.S.; prohibiting regulation of care

23         and treatment of livestock and poultry by other

24         agencies when the department has undertaken to

25         do so; amending s. 585.145, F.S.; prescribing

26         requirements with respect to veterinarians who

27         may inspect animals for disease; amending s.

28         585.155, F.S.; revising vaccination

29         requirements for calves; amending s. 589.19,

30         F.S.; naming a state forest; amending s.

31         616.242, F.S.; providing additional exemptions

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  1         from amusement ride safety standards; amending

  2         s. 828.22, F.S.; creating the "Humane Slaughter

  3         Act"; revising provisions relating to humane

  4         slaughter and livestock euthanasia; amending s.

  5         828.23, F.S.; revising definitions; amending s.

  6         828.24, F.S.; revising provisions relating to

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

  8         revising provisions relating to administration

  9         of the act by the department; creating s.

10         828.251, F.S.; directing the department to make

11         current technical information available to

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

13         providing for humane treatment of nonambulatory

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

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

16         conforming cross-references; repealing s.

17         570.544(10) and (11), F.S., relating to

18         authority of the Division of Consumer Services

19         of the department to conduct investigations of

20         violations of laws relating to consumer

21         protection; providing effective dates.

22

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

24

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

26  120.80, Florida Statutes, is amended to read:

27         120.80  Exceptions and special requirements;

28  agencies.--

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

30         (a)  Agricultural Marketing orders under chapter 527,

31  chapter 573, or chapter 601 are not rules.

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    Florida Senate - 2001                           CS for SB 1922
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  1         Section 2.  Subsection (3) is added to section 125.27,

  2  Florida Statutes, to read:

  3         125.27  Countywide forest fire protection; authority of

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

  5  assessments; disposition.--

  6         (3)  The Department of Agriculture and Consumer

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

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

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

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

11  items received from public or private entities. The

12  department, and those private or public entities providing

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

14  be held liable for civil damage resulting from use or

15  possession of such items. Private or public entities that

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

17  county, or local governmental entities having fire/rescue

18  responsibilities shall not be held liable for civil damage

19  resulting from use or possession of such items.

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

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

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

23         201.15  Distribution of taxes collected.--All taxes

24  collected under this chapter shall be distributed as follows

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

26  215.20(1), except that such service charge shall not be levied

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

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

29  required to pay any amounts relating to the bonds:

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

31  collected under this chapter shall be paid into the State

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  1  Treasury and divided equally to the credit of the Department

  2  of Environmental Protection Water Quality Assurance Trust Fund

  3  to address water quality impacts associated with

  4  nonagricultural nonpoint sources and to the credit of the

  5  Department of Agriculture and Consumer Services General

  6  Inspection Trust Fund to address water quality impacts

  7  associated with agricultural nonpoint sources, respectively.

  8  These funds shall be used for research, development,

  9  demonstration, and implementation of suitable best management

10  practices or other measures used to achieve water quality

11  standards in surface waters and water segments identified

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

13  92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best

14  management practices and other measures may include cost-share

15  grants, technical assistance, implementation tracking, and

16  conservation leases or other agreements for water quality

17  improvement. The Department of Environmental Protection and

18  the Department of Agriculture and Consumer Services may adopt

19  rules governing the distribution of funds for implementation

20  of best management practices. The unobligated balance of funds

21  received from the distribution of taxes collected under this

22  chapter to address water quality impacts associated with

23  nonagricultural nonpoint sources will be excluded when

24  calculating the unobligated balance of the Water Quality

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

26  applicable excise tax rate.

27         Section 4.  Subsection (2) of section 316.228, Florida

28  Statutes, is amended to read:

29         316.228  Lamps or flags on projecting load.--

30         (2)  Any commercial motor vehicle or trailer, except as

31  stated in s. 316.515(7), transporting a load of unprocessed

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  1  logs, or long pulpwood, poles, or posts which load extends

  2  extend more than 4 feet beyond the rear of the body or bed of

  3  such vehicle must have securely fixed as close as practical to

  4  the end of any such projection one amber strobe-type lamp

  5  equipped with a multidirectional type lens so mounted as to be

  6  visible from the rear and both sides of the projecting load.

  7  If the mounting of one strobe lamp cannot be accomplished so

  8  that it is visible from the rear and both sides of the

  9  projecting load, multiple strobe lights must be used to meet

10  the visibility requirements of this subsection. The strobe

11  lamp must flash at a rate of at least 60 flashes per minute

12  and must be plainly visible from a distance of at least 500

13  feet to the rear and sides of the projecting load at any time

14  of the day or night. The lamp must be operating at any time of

15  the day or night when the vehicle is operated on any highway

16  or parked on the shoulder or immediately adjacent to the

17  traveled portion of any public roadway.  The projecting load

18  must also be marked with a red flag as described in subsection

19  (1).

20         Section 5.  Paragraph (d) of subsection (3) of section

21  320.08, Florida Statutes, is amended to read:

22         320.08  License taxes.--Except as otherwise provided

23  herein, there are hereby levied and imposed annual license

24  taxes for the operation of motor vehicles, mopeds, motorized

25  bicycles as defined in s. 316.003(2), and mobile homes, as

26  defined in s. 320.01, which shall be paid to and collected by

27  the department or its agent upon the registration or renewal

28  of registration of the following:

29         (3)  TRUCKS.--

30         (d)  A truck defined as a "goat," or any other vehicle

31  when used in the field by a farmer or in the woods for the

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  1  purpose of harvesting a crop, including naval stores, during

  2  such harvesting operations, and which is not principally

  3  operated upon the roads of the state: $7.50 flat.  A "goat" is

  4  a motor vehicle designed, constructed, and used principally

  5  for the transportation of citrus fruit within citrus groves or

  6  for the transportation of crops on farms, and which can also

  7  be used for the hauling of associated equipment or supplies,

  8  including required sanitary equipment, and the towing of farm

  9  trailers.

10         Section 6.  Subsection (3) of section 403.714, Florida

11  Statutes, is amended to read:

12         403.714  Duties of state agencies.--

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

14  the Department of Transportation, the department, and the

15  Department of Management Services and local governments, are

16  required to procure compost products when they can be

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

18  products, provided the compost products meet all applicable

19  state standards, specifications, and regulations. The

20  Department of Agriculture and Consumer Services shall

21  coordinate the development of uniform product specifications

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

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

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

25  planting projects, recultivation and erosion control programs,

26  and other projects. The Department of Agriculture and Consumer

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

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

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

30  person contracting with such agency with respect to work

31  performed under contract. Such summary shall describe the use

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  1  of compost products in relation to similar products such as

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

  3  Department of Agriculture and Consumer Services shall

  4  establish a work group of state agency and local government

  5  personnel to design an appropriate reporting mechanism. The

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

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

  8         Section 7.  Paragraph (e) is added to subsection (4) of

  9  section 487.041, Florida Statutes, to read:

10         487.041  Registration.--

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

12  under this section, has the power to:

13         (e)  Require data demonstrating the efficacy of

14  pesticide products containing label statements that include

15  directions for use as preventive treatments for termites for

16  new construction. The department shall review the data and

17  determine if the data supports label claims of termite

18  prevention or protection from termite damage. Label claims for

19  protection from damage must be supported by data that shows

20  the product will prevent damage to a structure and its

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

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

23  cannot be registered or reregistered. The department shall

24  adopt rules specifying performance standards and acceptable

25  test conditions for data submitted in support of an efficacy

26  claim, or may reference such performance standards and test

27  conditions established by the United States Environmental

28  Protection Agency.

29         Section 8.  Subsection (7) of section 500.09, Florida

30  Statutes, is amended to read:

31         500.09  Rulemaking; analytical work.--

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  1         (7)  The department may establish and collect

  2  reasonable fees for laboratory services performed pursuant to

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

  4  a food establishment when the reinspection is conducted for

  5  the purpose of verifying compliance with the provisions of

  6  this chapter or rules promulgated thereunder. Such fees shall

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

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

  9  services provided.

10         Section 9.  Paragraph (b) of subsection (1) of section

11  500.12, Florida Statutes, is amended to read:

12         500.12  Food permits; building permits.--

13         (1)

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

15  department must be accompanied by a fee in an amount

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

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

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

19  application for a food permit for operating a bottled water

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

21  application for a food permit for operating a packaged ice

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

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

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

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

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

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

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

29  department may issue the food permit. The moneys collected

30  shall be deposited in the General Inspection Trust Fund.

31

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  1         Section 10.  Subsection (15) of section 502.012,

  2  Florida 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 11.  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

31

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  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 12.  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

31

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  1  violation of the standards contained in the pasteurized milk

  2  ordinance.

  3         Section 13.  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 14.  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 15.  Sections 504.21, 504.22, 504.23, 504.24,

25  504.25, 504.26, 504.27, 504.28, 504.29, 504.31, 504.32,

26  504.33, 504.34, 504.35, 504.36, Florida Statutes, are

27  repealed.

28         Section 16.  Sections 536.20, 536.21, and 536.22,

29  Florida Statutes, are repealed.

30         Section 17.  Section 570.381, Florida Statutes, is

31  repealed.

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  1         Section 18.  Subsection (7) of section 550.2625,

  2  Florida Statutes, is amended to read:

  3         550.2625  Horseracing; minimum purse requirement,

  4  Florida breeders' and owners' awards.--

  5         (7)

  6         (b)  The division shall deposit these collections to

  7  the credit of the Florida Quarter Horse Racing Promotion Trust

  8  Fund in a special account to be known as the "Florida

  9  Appaloosa Racing Promotion Fund."  The Department of

10  Agriculture and Consumer Services shall administer the funds

11  and adopt suitable and reasonable rules for the administration

12  thereof.  The moneys in the Florida Appaloosa Racing Promotion

13  Fund shall be allocated solely for supplementing and

14  augmenting purses and prizes and for the general promotion of

15  owning and breeding of racing Appaloosas in this state; and

16  such moneys may not be used to defray any expense of the

17  Department of Agriculture and Consumer Services in the

18  administration of this chapter, except that the moneys

19  generated by Appaloosa registration fees received pursuant to

20  s. 570.381 may be used as provided in paragraph (5)(b) of that

21  section.

22         Section 19.  Subsection (2) of section 550.2633,

23  Florida Statutes, is amended to read:

24         550.2633  Horseracing; distribution of abandoned

25  interest in or contributions to pari-mutuel pools.--

26         (2)  All moneys or other property which has escheated

27  to and become the property of the state as provided herein and

28  which is held by a permitholder authorized to conduct

29  pari-mutuel pools in this state shall be paid annually by the

30  permitholder to the recipient designated in this subsection

31  within 60 days after the close of the race meeting of the

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  1  permitholder.  Section 550.1645 notwithstanding, such moneys

  2  shall be paid by the permitholder as follows:

  3         (a)  Funds from any harness horse races shall be paid

  4  to the Florida Standardbred Breeders and Owners Association

  5  and shall be used for the payment of breeders' awards,

  6  stallion awards, stallion stakes, additional purses, and

  7  prizes for, and for the general promotion of owning and

  8  breeding of, Florida-bred standardbred horses, as provided for

  9  in s. 550.2625.

10         (b)  Except as provided in paragraph paragraphs (c) and

11  (d), funds from quarter horse races shall be paid to the

12  Florida Quarter Horse Breeders and Owners Association and

13  shall be allocated solely for supplementing and augmenting

14  purses and prizes and for the general promotion of owning and

15  breeding of racing quarter horses in this state, as provided

16  for in s. 550.2625.

17         (c)  Funds for Appaloosa races conducted under a

18  quarter horse racing permit shall be deposited into the

19  Florida Quarter Horse Racing Promotion Trust Fund in a special

20  account to be known as the "Florida Appaloosa Racing Promotion

21  Fund" and shall be used for the payment of breeders' awards

22  and stallion awards as provided for in s. 570.381.

23         (c)(d)  Funds for Arabian horse races conducted under a

24  quarter horse racing permit shall be deposited into the

25  Florida Quarter Horse Racing Promotion Trust Fund in a special

26  account to be known as the "Florida Arabian Horse Racing

27  Promotion Fund" and shall be used for the payment of breeders'

28  awards and stallion awards as provided for in s. 570.382.

29         Section 20.  Subsections (36), (37), and (38) are added

30  to section 570.07, Florida Statutes, to read:

31

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  1         570.07  Department of Agriculture and Consumer

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

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

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

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

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

  7  occurred or is occurring, to conduct an investigation,

  8  subpoena witnesses and evidence, and administer oaths and

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

10  department has reason to believe a violation of chapter 501

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

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

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

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

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

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

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

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

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

20  commence legal proceedings in circuit court to enjoin the act

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

22  appropriate relief on behalf of consumers. Upon application by

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

24  the commencement of the proceedings.

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

26  appropriations authority, notwithstanding chapters 216 and

27  255, not to exceed a cost of $250,000 per structure. These

28  structures must meet all applicable building codes.

29         Section 21.  Subsection (6) is added to section

30  503.071, Florida Statutes, to read:

31

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  1         503.071  Penalty, injunction, and administrative

  2  fines.--

  3         (6)  Frozen dessert manufacturers are subject to the

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

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

  6  the provisions of this section.

  7         Section 22.  Subsection (4) of section 570.244, Florida

  8  Statutes, is amended to read:

  9         570.244  Department of Agriculture and Consumer

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

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

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

13  the power and duty to:

14         (4)  Facilitate economic growth through the development

15  of new agribusinesses such as value-added processing plants

16  and associated enterprises using raw products which are

17  produced in the state.

18         Section 23.  Effective upon this act becoming a law,

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

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

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

22         570.249  Agricultural Economic Development Program

23  disaster loans.--

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

25  loan program include:

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

27  including, but not limited to, shellfish cultivation and

28  harvesting, ornamental fish farming, and commercial fishing;

29  aquacultural, floricultural, or ornamental nursery crops;

30  Christmas trees; turf for sod; industrial crops; and seed

31  crops used to produce eligible crops.

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

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

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

  4  natural disaster or socioeconomic condition or event occurs or

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

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

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

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

  9  value of any residential homestead owned by the applicant must

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

11  applicant must also demonstrate the need for economic

12  assistance, be worthy of credit according to standards

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

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

15  the ability to repay the loan.

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

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

18  property or product acquired, produced, or refinanced with

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

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

21  particular circumstances of the applicant.

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

23  grant program to provide aid to agribusinesses to assist in

24  market development.

25         Section 24.  Subsection (1) of section 570.38, Florida

26  Statutes, is amended to read:

27         570.38  Animal Industry Technical Council.--

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

29  Council is hereby created in the department and shall be

30  composed of 14 11 members as follows:

31

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

  2  agricultural markets, meat processing and packing

  3  establishments, veterinary medicine, and poultry

  4  representatives who serve on the State Agricultural Advisory

  5  Council and three additional representatives from the beef

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

  7  representing other animal industries in the state, who shall

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

  9  their successors are duly qualified and appointed.

10         (b)  Each additional beef cattle representative shall

11  be appointed subject to the qualifications and by the

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

13  council by the beef cattle representative.  If a vacancy

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

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

16  appointment.

17         Section 25.  Section 580.031, Florida Statutes, is

18  amended to read:

19         580.031  Definitions of words and terms.--As used in

20  this chapter, the term:

21         (1)  "Brand name" means any word, name, symbol, or

22  device, or combination thereof, identifying the commercial

23  feed of a distributor and distinguishing it from the

24  commercial feed of others.

25         (2)  "Commercial feed" means all materials or

26  combinations of materials that are distributed or intended to

27  be distributed for use as feed or for mixing in a feed for

28  animals other than humans, except:

29         (a)  Unmixed whole seeds, including physically altered

30  entire unmixed seeds, when such seeds are not chemically

31

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  1  changed or are not adulterated within the meaning of s.

  2  580.071.

  3         (b)  Unground hay, straw, stover, silage, cobs, husks,

  4  and hulls, and individual chemical compounds or substances,

  5  when such commodities, compounds, or substances are unmixed

  6  with other substances and are not adulterated within the

  7  meaning of s. 580.071.

  8         (c)  Feed mixed by the consumer for the consumer's own

  9  use made entirely or in part from products raised on the

10  consumer's farm, except as is provided by rules of the

11  department.

12         (d)  Any material or combination of materials that is

13  distributed for use as feed for domestic pets such as but not

14  limited to: dogs, cats, gerbils, hamsters, birds, fish,

15  reptiles, and amphibians.

16         (3)  "Consumer" or "customer" means the person who

17  purchases or receives commercial feed or feedstuff for feeding

18  to animals.

19         (4)  "Cooperative" means any corporation organized

20  under the provisions of chapter 618 or chapter 619 for the

21  mutual benefit of its members who are producers of milk, and

22  which sells, distributes, or provides feed for dairy cows or

23  feed ingredients for such feed only to its members.

24         (5)  "Customer-formula feed" means a commercial feed

25  consisting of a mixture of commercial feeds or feed

26  ingredients, each batch of which is manufactured according to

27  the specific instructions of the final customer, is

28  distributed only to that customer, and is not redistributed.

29         (6)  "Department" means the Department of Agriculture

30  and Consumer Services.

31

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  1         (7)  "Distribute" means to offer for sale, sell,

  2  barter, or exchange commercial feed or feedstuff or to supply,

  3  furnish, or otherwise provide commercial feed or feedstuff for

  4  use by any consumer or customer in the state.

  5         (8)  "Distributor" means any person who distributes

  6  commercial feed or feedstuff. It does not include persons who

  7  sell brand name feed at retail on behalf of a registrant who

  8  manufactures such feed.

  9         (9)  "Drug" means any article intended for use in the

10  diagnosis, cure, mitigation, treatment, or prevention of

11  disease in animals other than humans and articles other than

12  feed intended to affect the structure or any function of the

13  animal body.

14         (10)  "Feedstuff" means edible materials, other than

15  commercial feed, which are distributed for animal consumption

16  and which contribute energy or nutrients, or both, to an

17  animal diet. The term includes ingredients as defined in this

18  section. The term does not include any material or combination

19  of materials that is distributed for use as feed for domestic

20  pets such as but not limited to: dogs, cats, gerbils,

21  hamsters, birds, fish, reptiles, and amphibians.

22         (11)  "Good management practices" means procedures for

23  manufacture, distribution, transportation, sampling,

24  inspection, and analysis of feed which are designed to prevent

25  contamination of the feed by toxins, drugs, bacteria, or other

26  harmful substances.

27         (12)  "Hazard-analysis critical-control-point program"

28  means the identification of points in the manufacture,

29  distribution, transportation, sampling, inspection, and

30  analysis of feed at which there is a risk of contamination

31  that could be harmful to humans and other animals and the

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  1  identification of methods of preventing contamination at these

  2  points.

  3         (13)  "Ingredient" means each of the constituent

  4  materials used to make a commercial feed.

  5         (14)  "Integrated poultry operation" means a business

  6  enterprise that owns all stages of poultry production and

  7  manufactures and distributes commercial feed or feedstuff for

  8  consumption by animals owned by the business enterprise. An

  9  integrated poultry operation does not sell feed commercially.

10         (15)  "Label" means a display of written, printed, or

11  graphic matter upon or affixed to the container in which a

12  product is distributed, or on the invoice accompanying the

13  product.

14         (16)  "Labeling" means all labels and other written,

15  printed, or graphic matter upon an article or any of its

16  containers or wrappers, or accompanying commercial feed or

17  feedstuff.

18         (17)  "Manufacture" means the grinding, mixing, or

19  blending, or further processing, of a commercial feed for

20  distribution.

21         (18)  "Medicated feed" means a commercial feed or

22  customer-formula feed that contains a drug.

23         (19)  "Member of a cooperative" means, in the case of a

24  stock association, the owner of at least one share of voting

25  stock, and, in the case of a nonstock association, a person

26  who has been issued a membership certificate upon the payment

27  of a membership fee of at least $1,000, or who has an

28  outstanding obligation of not less than $1,000 owed to the

29  member by the cooperative in accordance with the bylaws of the

30  cooperative, and who is entitled to voting powers within the

31  cooperative.

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  1         (20)  "Percent" or "percentage" means percentage by

  2  weight.

  3         (21)  "Product name" means the name of the commercial

  4  feed which identifies it as to kind, class, or specific use.

  5         (22)  "Quality-assurance/quality-control plan" means a

  6  system of activities designed to provide assurance that the

  7  commercial feed or feedstuff meets defined standards of

  8  quality and to provide control of the quality of the

  9  commercial feed or feedstuff.

10         (23)  "Registrant" means any person issued a master

11  registration by the department.

12         (24)  "Ton" means a net weight of 2,000 pounds

13  avoirdupois.

14

15  Except as provided by law or rule, all terms used in

16  connection with commercial feed or feedstuff have the meanings

17  ascribed to them by the Association of American Feed Control

18  Officials.

19         Section 26.  Section 580.051, Florida Statutes, is

20  amended to read:

21         580.051  Labels; requirements; penalty.--

22         (1)  Any commercial feed distributed in this state,

23  except a customer-formula feed and feed distributed through an

24  integrated poultry operation or by a cooperative to its

25  members, shall be accompanied by a legible label bearing all

26  information required by the federal Food and Drug

27  Administration and the following information:

28         (a)  An accurate statement of the net weight.

29         (b)  The name and principal address of the registrant.

30         (c)  The brand name and product name, if any, under

31  which the commercial feed is distributed. The word "medicated"

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  1  shall be incorporated as part of the brand or product name if

  2  the commercial feed contains a drug.

  3         1.  The department may require feeding directions and

  4  precautionary statements to be placed on the label for the

  5  safe and effective use of medicated and other feed as deemed

  6  necessary.

  7         2.  Labels on medicated feed shall include all of the

  8  following:

  9         a.  Any feeding directions prescribed by the department

10  to ensure safe usage.

11         b.  The stated purpose of the medication contained in

12  the feed as stated in the claim statement.

13         c.  The established name of each active drug

14  ingredient.

15         d.  The level of each drug used in the final mixture

16  expressed in metric units as well as the required avoirdupois.

17         (d)  The date of manufacture or expiration date of

18  commercial feed sold at retail as the department may by rule

19  require.

20         (e)  The guaranteed analysis stated in terms that

21  advise the consumer of the composition of the feed or

22  feedstuff or support claims made in the labeling. In all

23  cases, the elements or compounds listed in the analysis must

24  be determinable by laboratory methods approved by the

25  department.

26         1.  The guaranteed analysis, listing the minimum

27  percentage of crude protein, minimum percentage of crude fat,

28  and maximum percentage of crude fiber and, when more than 10

29  percent mineral ingredients are present, the minimum or

30  maximum percentages of mineral elements or compounds as

31  provided by rule.

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  1         2.  Vitamin ingredients, when guaranteed, shall be

  2  shown in amounts and terms provided by rule. For mineral feed,

  3  the list shall include the following: maximum or minimum

  4  percentages of calcium (Ca), phosphorus (P), salt (NaCl), iron

  5  (Fe), copper (Cu), cobalt (Co), magnesium (Mg), manganese

  6  (Mn), potassium (K), selenium (Se), zinc (Zn), and fluorine

  7  (F) if ingredients used as sources of any of these

  8  constituents are declared. All mixtures that contain mineral

  9  or vitamin ingredients generally regarded as dietary factors

10  essential for the normal nutrition of animals and that are

11  sold or represented for the primary purpose of supplying these

12  minerals or vitamins as additions to rations in which these

13  same mineral or vitamin factors may be deficient shall be

14  classified as mineral or vitamin supplements. Products sold

15  solely as mineral or vitamin supplements and guaranteed as

16  specified in this section need not show guarantees for

17  protein, fat, and fiber.

18         3.  Other nutritional substances or elements

19  determinable by laboratory methods may be guaranteed by

20  permission of, or shall be guaranteed at the request of, the

21  department as may be provided by rule.

22         (f)  The common or usual name of each ingredient used

23  in the manufacture of the commercial feed; however, for all

24  commercial feed except horse feed, the department by rule may

25  permit the use of collective terms for a group of ingredients

26  which perform a similar nutritional function.

27         (2)  Customer-formula feed shall be accompanied by a

28  label, invoice, delivery slip, or other shipping document,

29  bearing all information required by the federal Food and Drug

30  Administration and the following:

31         (a)  The name and address of the manufacturer.

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  1         (b)  The name and address of the customer ordering the

  2  feed.

  3         (c)  The date of delivery.

  4         (d)  The product name and net weight of each commercial

  5  feed and each other ingredient used in the mixture.

  6         (e)  Adequate directions and precautionary statements

  7  for the safe and effective use of all customer-formula feed

  8  that is medicated.

  9         (3)  Feed distributed by an integrated poultry

10  operation or by a cooperative to its members shall be

11  accompanied by a legible label bearing information required by

12  the federal Food and Drug Administration.

13         (4)(3)  When a commercial feed is distributed in this

14  state in bags or other containers, a label shall be placed on

15  or affixed to each container; when a commercial feed is

16  distributed in bulk, a label shall accompany delivery and be

17  furnished to the customer at time of delivery.

18         (5)(4)  The amount of $100 shall be paid to the

19  department as penalty for the distribution of any commercial

20  feed that is not accompanied with the label required under

21  this chapter. The proceeds from any such penalty payments

22  shall be deposited by the department in the General Inspection

23  Trust Fund.

24         Section 27.  Subsections (1), (2), and (3) of section

25  580.065, Florida Statutes, are amended to read:

26         580.065  Laboratory certifications; application; fees;

27  requirements; reporting; refusal or cancellation of

28  certification.--

29         (1)(a)  The department by rule shall establish the

30  standards that a laboratory must meet to become certified in

31  any of the following areas of testing:

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  1         1.  Nutrient.

  2         2.  Mycotoxins.

  3         3.  Microbiological organisms.

  4         4.  Pesticide residues.

  5         5.  Drugs Drug residues.

  6         (b)  The department shall be guided by the methods

  7  published by the Association of Official Analytical Chemists,

  8  the United States Environmental Protection Agency, the United

  9  States Food and Drug Administration, or other generally

10  recognized authorities in developing the standards for these

11  laboratory certifications.

12         (2)(a)  Any laboratory wanting to be certified by the

13  department in any of the testing categories must complete and

14  return an application with a $100 application fee and a $300

15  fee for each of the desired certifications. A single

16  application may be used to apply for more than one

17  certification. The department shall furnish the application

18  forms, which must require the distributor to state that the

19  laboratory will comply with all provisions of this chapter and

20  applicable rules. The registration form shall identify the

21  laboratory's name, the name of the owner or owners of the

22  business, the location of the laboratory, and other

23  information as required by rule of the department. The form

24  shall be signed by the owner, a partner, if a partnership, or

25  an authorized officer or agent, if a corporation.

26         (b)  The department shall mail a certificate for each

27  certification granted to the laboratory to signify that

28  administrative requirements have been met.

29         (c)  Each laboratory that is certified in any area of

30  testing must renew each certification annually. Renewal must

31  be submitted on a form provided by the department at least 30

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  1  days prior to the expiration date of the current certificate.

  2  The laboratory must complete and return the renewal form with

  3  the appropriate fee for the desired annual certification as

  4  indicated on the form. Failure to timely renew certification

  5  shall result in the expiration of the certification on the

  6  date stated on the certificate. Any renewal received after the

  7  expiration date on the certificate shall be accompanied by a

  8  $50 late charge. Any renewal received 30 days or more beyond

  9  the expiration date on the certificate shall be returned to

10  the laboratory, and the laboratory shall apply to the

11  department as if it were the initial application for

12  certification.

13         (d)  Certification shall be conditioned on the

14  laboratory's compliance with all provisions of this chapter

15  and rules thereof, including:

16         1.  Submitting quarterly reports to the department

17  containing the results of the commercial feed and feedstuff

18  analyses for that quarter, including, but not limited to, the

19  results of each sample submitted for analysis by each

20  registrant, the registration number of the registrant

21  submitting the samples, the number of violative samples, and

22  any additional information the department may require by rule.

23         2.  Reporting immediately to the department each sample

24  that is found to be in violation of the standards in this

25  chapter and in the rules thereof.

26         3.  Participating in the quarterly check-sample program

27  administered by the department, when required.

28         4.  Maintaining a bookkeeping system and records that

29  will allow the department to verify the accuracy of the

30  reports required in this chapter and to examine such records

31  at reasonable times.

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  1         (e)  Failure to submit reports as required in this

  2  subsection may result in the suspension or revocation of one

  3  or more of the laboratory's testing certifications.

  4         (3)  The department may shall operate a check-sample

  5  program for all testing certifications. If 30 percent or more

  6  of a laboratory's check-sample results are outside the

  7  acceptable variation established by rule for each check-sample

  8  test, the laboratory must pay a $100 fine and shall be placed

  9  on probation for the next quarter. The laboratory may shall be

10  required to process additional check samples during the

11  probationary period. If 20 percent or more of the results of

12  the laboratory's check samples are outside the acceptable

13  variation level during the probationary period, that test

14  category certification shall be revoked and the laboratory may

15  not apply again for the same certification for 1 year after

16  the date of the revocation.

17         Section 28.  Section 580.091, Florida Statutes, is

18  amended to read:

19         580.091  Inspection; sampling; analysis; exemption.--

20         (1)(a)  The department may inspect, sample, or analyze

21  commercial feed and feedstuff to ascertain compliance with

22  this chapter and rules adopted pursuant to this chapter.

23         (b)  The department is authorized to enter upon any

24  public or business premises and any transport vehicle during

25  regular business hours in order to have access to commercial

26  feed or feedstuff and records relating to its origin,

27  transport, manufacture, distribution, and sale.

28         (2)  All registrants must have samples of their feed

29  and feed ingredients tested by a laboratory that has been

30  certified by the department or must be exempt from the

31  certified laboratory testing requirements, as provided in this

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  1  chapter, to ensure that all commercial feed and feedstuff

  2  comply with the provisions of this chapter. The sampling

  3  frequency and analysis requirements shall be determined by

  4  rule of the department for poultry, dairy cow, beef cattle,

  5  horse, swine, and other agriculture feed.

  6         (a)  Unless otherwise provided in this chapter, the

  7  department shall not require distributors of 300 tons or less

  8  of poultry, dairy cow, beef cattle, horse, swine, or other

  9  agriculture feed per year to submit more than one sample of

10  each such feed per year for analysis.

11         (b)  If a registrant distributes more than one type of

12  commercial feed, the sampling requirement for mycotoxins shall

13  be determined by the combined tonnage of feed distributed by

14  that registrant and shall be the most stringent of the

15  sampling requirements for the types of feed distributed.

16         (c)  Integrated poultry operations and cooperatives

17  shall not be required to submit their feed samples for

18  nutrient analysis. However, poultry and dairy feed sold by

19  enterprises other than integrated poultry operations or

20  cooperatives shall be subject to nutrient analysis as required

21  by the department.

22         (d)  It is the intent of the Legislature that the

23  department not require sampling and analysis any more rigorous

24  than the level of sampling and analysis reflected in the Feed

25  Laboratory Quarterly Reports or official department records.

26         (d)(e)  Notwithstanding provisions to the contrary in

27  this subsection, if the department finds that circumstances

28  exist which threaten the health of commercial livestock or the

29  public, the department may require more frequent analysis of

30  feed. In such case, the department must notify affected

31  registrants of the need for additional analysis and the

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  1  estimated time period for which the analysis will be required

  2  to protect animal or public health.

  3         (e)(f)  The department shall work with registrants in

  4  the feed industry to develop a system of reporting commercial

  5  feed or feedstuff that has been rejected due to adulteration.

  6         (3)  The department shall encourage the use of good

  7  management practices and hazard-analysis

  8  critical-control-point programs in the manufacture,

  9  distribution, transportation, sampling, inspection, and

10  analysis of commercial feed and feedstuff.

11         (a)  If critical control points have been identified

12  and good management practices have been implemented, the

13  department shall conduct an onsite evaluation of the program

14  to ensure the application of the established program.

15  Registrants demonstrating adequate control of feed

16  manufacture, distribution, transportation, and sampling

17  processes and infrequent adulteration or other violations

18  shall be subject to reduced sampling frequencies and analysis

19  requirements that the department shall establish by rule.

20         (b)  The department may require periodic reports to

21  document the continued and appropriate use of good management

22  practices and hazard analysis of critical control points. The

23  department shall work with the industry in determining the

24  appropriate level of such reporting.

25         (4)  Sampling and analysis must be conducted in

26  accordance with methods published by the Association of

27  Official Analytical Chemists, the United States Environmental

28  Protection Agency, the United States Food and Drug

29  Administration, or other generally recognized authorities. In

30  any instance where methods do not exist, the department shall

31

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  1  adopt by rule the methods that are to be official in this

  2  state.

  3         (5)  A registrant may apply for an exemption from the

  4  certified laboratory testing requirements by submitting its

  5  quality-assurance/quality-control plan, including laboratory

  6  testing protocols, to the department for review and approval

  7  or disapproval. The department shall furnish the form for

  8  requesting the exemption, which form shall require the

  9  registrant to comply with all applicable provisions of this

10  chapter and related rules.

11         (a)  Upon approval of a registrant's

12  quality-assurance/quality-control plan, the department shall

13  conduct an evaluation of the registrant's facility to verify

14  compliance with the plan and the testing protocols submitted.

15  The department shall send the registrant a letter of exemption

16  if it finds that adequate measures are in place to assure

17  compliance with the material submitted and with this chapter.

18         (b)  The registrant's quality-assurance/quality-control

19  plan laboratory facility shall be subject to evaluation every

20  3 years. Application for renewal must be submitted on a form

21  provided by the department at least 30 days prior to the

22  expiration date of the current approval letter. Any renewal

23  application received after the expiration date on the approval

24  letter shall be accompanied by a $50 late charge. Failure to

25  timely renew certification shall result in the expiration of

26  the approval and imposition of the requirement to have all

27  feed samples tested by a department-certified laboratory.

28         (c)  The department shall charge a fee for any

29  evaluation, in an amount to cover the direct and indirect

30  costs associated with such evaluation and approval.

31

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  1         (d)  Registrants with approved programs must comply

  2  with all applicable provisions of this chapter and rules,

  3  including:

  4         1.  Maintaining records of all laboratory test results

  5  for 3 years or as required by federal regulation, whichever is

  6  longer.

  7         2.  Allowing department personnel access to records and

  8  laboratory facilities during reasonable hours for inspection

  9  purposes.

10         3.  Providing to the department the results of any

11  check-sample program the registrant may be using.

12         Section 29.  Subsection (14) is added to section

13  580.112, Florida Statutes, to read:

14         580.112  Certain acts prohibited.--The following acts,

15  or the causing thereof knowingly, within the state are

16  prohibited:

17         (14)  The distribution of a feed or feedstuff which is

18  prohibited by the federal law or regulation.

19         Section 30.  Paragraph (a) of subsection (1) of section

20  581.211, Florida Statutes, is amended to read:

21         581.211  Penalties for violations.--

22         (1)  Any person who:

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

24  rules adopted under this chapter;

25

26  commits a misdemeanor of the first degree, punishable as

27  provided in s. 775.082 or s. 775.083.

28         Section 31.  Subsection (6) is added to section

29  585.002, Florida Statutes, to read:

30         585.002  Department control; continuance of powers,

31  duties, rules, orders, etc.--

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

  2  notwithstanding any other provision of law, another state

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

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

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

  6  pastured in this state when such activity is regulated through

  7  best-management practices developed or adopted by the

  8  department under chapter 120 as part of a statewide or

  9  regional program.

10         Section 32.  Subsection (4) is added to section

11  585.145, Florida Statutes, to read:

12         585.145  Control of animal diseases.--

13         (4)  Official certificates of veterinary inspection may

14  be completed only by a veterinarian accredited under the

15  National Veterinary Accreditation Program. The department may,

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

17  issue health certificates for the importation, movement, or

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

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

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

21  practice veterinary medicine in the state;

22         (b)  Forging, counterfeiting, altering, or

23  misrepresenting an official certificate of veterinary

24  inspection; or

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

26  any reportable disease.

27         Section 33.  Paragraphs (a), (c), and (d) of subsection

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

29         585.155  Whole-herd and calf vaccination.--

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

31  abortus vaccine shall be permanently identified at the time of

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

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

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

  4  followed by the last numeral of the year.

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

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

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

  8  shall be immediately furnished to the department and shall

  9  constitute the official record of vaccination.

10         Section 34.  Section 589.19, Florida Statutes, is

11  amended to read:

12         589.19  Creation of certain state forests; naming of

13  certain state forests.--

14         (1)  When the Board of Trustees of the Internal

15  Improvement Trust Fund, any state agency, or any agency

16  created by state law, authorized to accept reforestation lands

17  in the name of the state, approve the recommendations of the

18  Division of Forestry in reference to the acquisition of land

19  and acquire such land, the said board, state agency, or agency

20  created by state law, may formally designate and dedicate any

21  area as a reforestation project, or state forest, and where so

22  designated and dedicated such area shall be under the

23  administration of the division which shall be authorized to

24  manage and administer said area according to the purpose for

25  which it was designated and dedicated.

26         (2)  The first state forest acquired by the Board of

27  Trustees of the Internal Improvement Trust Fund in Baker

28  County is to be named the John M. Bethea State Forest.  This

29  is to honor Mr. John M. Bethea who was Florida's fourth state

30  forester and whose distinguished career in state government

31  spanned 46 years and who is a native of Baker County.

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  1         Section 35.  Paragraph (a) of subsection (10) of

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

  3         616.242  Safety standards for amusement rides.--

  4         (10)  EXEMPTIONS.--

  5         (a)  This section does not apply to:

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

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

  8  safety inspectors. Furthermore, the permanent facilities must

  9  file an affidavit of the annual inspection with the

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

11  Additionally, the Department of Agriculture and Consumer

12  Services may consult annually with the permanent facilities

13  regarding industry safety programs.

14         2.  Any playground operated by a school, local

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

16  playground is an incidental amenity and the operating entity

17  is not primarily engaged in providing amusement, pleasure,

18  thrills, or excitement.

19         3.  Museums or other institutions principally devoted

20  to the exhibition of products of agriculture, industry,

21  education, science, religion, or the arts.

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

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

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

25  amusement rides is limited to the registered attendees of the

26  convention or trade show.

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

28  games, bowling alleys, miniature golf courses, mechanical

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

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

31  airplanes, parasails, hot air or helium balloons whether

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  1  tethered or untethered, theatres, batting cages, stationary

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

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

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

  5  participation is not open to the public.

  6         7.  Nonmotorized playground equipment that is not

  7  required to have a manager.

  8         8.  Coin-actuated amusement rides designed to be

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

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

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

12  less.

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

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

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

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

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

18         11.  Mechanically driven vehicles that pull train cars,

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

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

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

22  per hour.

23         Section 36.  Section 828.22, Florida Statutes, is

24  amended to read:

25         828.22  Humane Slaughter Act; humane slaughter and

26  livestock euthanasia; requirements requirement.--

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

28  Slaughter Act."

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

30  use of humane methods in the killing slaughter of livestock

31  prevents needless suffering, results in safer and better

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  1  working conditions for persons engaged in the slaughtering

  2  industry or other livestock operations, brings about

  3  improvement of products and economy in slaughtering or other

  4  livestock operations, and produces other benefits for

  5  producers, processors, and consumers which tend to expedite

  6  the orderly flow of livestock and their products.

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

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

  9  the handling of livestock in connection with slaughter shall

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

11  methods of slaughter shall conform generally to those employed

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

13  to those authorized by the Federal Humane Slaughter Act of

14  1958, and regulations thereunder.

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

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

17  religious freedom of any person or group.  Notwithstanding any

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

19  protect freedom of religion, ritual slaughter and the handling

20  or other preparation of livestock for ritual slaughter are

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

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

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

24         Section 37.  Section 828.23, Florida Statutes, is

25  amended to read:

26         828.23  Definitions; ss. 828.22-828.26.--As used in ss.

27  828.22-828.26, the following words shall have the meaning

28  indicated:

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

30  and Consumer Services.

31

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

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

  3  whole or in part.

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

  5  livestock animals for any purpose.

  6         (4)(3)  "Slaughterer" means any person other than a

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

  8  animal control agency, who kills regularly engaged in the

  9  commercial slaughtering of livestock.

10         (5)(4)  "Livestock" means cattle, calves, sheep, swine,

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

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

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

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

15  does not include poultry and aquatic species.

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

17  of slaughtering, or of manufacturing or preparing meat or meat

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

19  manufacturing or preparing livestock products for sale by such

20  person or others.

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

22  facility commonly known as a stockyard, conducted or operated

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

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

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

26  sale or shipment.

27         (6)(7)  "Humane method" means either:

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

29  effectively rendered insensitive to pain by electrical or

30  chemical means or by a penetrating captive bolt or gunshot

31  with appropriate caliber and placement rendered insensible to

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

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

  3  thrown, cast, or cut; or

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

  5  any religious faith whereby the animal suffers loss of

  6  consciousness by anemia of the brain caused by the

  7  simultaneous and instantaneous severance of the carotid

  8  arteries with a sharp instrument.

  9         Section 38.  Section 828.24, Florida Statutes, is

10  amended to read:

11         828.24  Prohibited acts; exemption.--

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

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

14  operator shall shackle, hoist, or otherwise bring livestock

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

16  injury or pain.

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

18  kill any animal prior to rendering the animal insensitive to

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

20  slaughter any livestock except by a humane method.

21         (3)  Nothing in this section precludes the enforcement

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

23  apply to any person, firm or corporation slaughtering or

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

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

26         Section 39.  Section 828.25, Florida Statutes, is

27  amended to read:

28         828.25  Administration; rules and regulations;

29  inspection; fees.--

30         (1)  The department shall administer the provisions of

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

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

  2  must shall conform substantially to and must not be less

  3  restrictive than the rules and regulations promulgated by the

  4  Secretary of Agriculture of the United States pursuant to the

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

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

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

  8  declared to be an inhumane method of slaughter within the

  9  meaning of this act.

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

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

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

13  premises of any slaughterer for the purposes of verifying

14  compliance or noncompliance with the provisions of ss.

15  828.22-828.26 this act.

16         (3)  The department has the authority to conduct

17  inspections of the premises of slaughterers at random

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

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

20  Additional inspections shall be made not less frequently than

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

22         Section 40.  Section 828.251, Florida Statutes, is

23  created to read:

24         828.251  Instruction.--The department, in conjunction

25  with the State University System, the American Veterinary

26  Medical Association, and humane animal groups, shall make

27  available to slaughterers the most current technical

28  information. Such information may be in video or manual

29  format, or another widely accepted media format.

30         Section 41.  Section 828.252, Florida Statutes, is

31  created to read:

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  1         828.252  Nonambulatory animals.--This section

  2  acknowledges that natural emergencies may arise and that, even

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

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

  5  humane manner.

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

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

  8  unassisted.

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

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

11  hours, or drag any nonambulatory animal unless the

12  nonambulatory animal has been humanely euthanized, except in

13  such cases where providing proper care requires that the

14  animal be moved.

15         Section 42.  Section 828.26, Florida Statutes, is

16  amended to read:

17         828.26  Penalties Penalty.--

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

19  828.22-828.26 and any rule associated with these sections

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

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

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

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

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

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

26  comply with this provision shall be a misdemeanor of the

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

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

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

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

31  775.083. Upon failure to be in compliance with the provisions

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

  2  first inspection required under s. 828.25, the department

  3  shall direct the slaughterer to cease slaughtering livestock.

  4  Failure to comply with this directive shall be a misdemeanor

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

  6  and constituting a separate offense for each day of continued

  7  slaughtering operations beyond the first week following

  8  mailing of such directive to the slaughterer by the

  9  department.

10         (3)  Nothing in this section precludes the enforcement

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

12         Section 43.  Subsection (10) of section 427.804,

13  Florida Statutes, is amended to read:

14         427.804  Repair of nonconforming assistive technology

15  devices; refund or replacement of devices after attempt to

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

17  investigation; limitation of rights.--

18         (10)  The department shall process consumer complaints

19  pursuant to ss. 570.07 and s. 570.544.

20         Section 44.  Subsection (2) of section 559.921, Florida

21  Statutes, is amended to read:

22         559.921  Remedies.--

23         (2)  The department shall process consumer complaints

24  according to ss. 570.07 and s. 570.544.

25         Section 45.  Subsections (10) and (11) of section

26  570.544, Florida Statutes, are repealed.

27         Section 46.  Except as otherwise provided in this act,

28  this act shall take effect July 1, 2001.

29

30

31

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1922

  3

  4  Committee Substitute for Senate Bill 1922 is different from
    Senate Bill 1922 in that it:
  5
    1.    Clarifies that farmers are allowed to move certain
  6        equipment as supplies from one location to another in a
          truck defined as a "goat".
  7
    2.    Repeals obsolete provisions concerning the Florida
  8        Organic Farming and Food Act, timber and lumber, and
          Appaloosa horse racing.
  9
    3.    Revises commercial feed laws.
10
    4.    Clarifies that commercial motor vehicles transporting
11        unprocessed logs or pulpwood must attach a minimum of
          none amber strobe light on the rear of any load which
12        extends more than four feet beyond the body or the bed
          of the vehicle.
13
    5.    Names a state forest in Baker County after John M.
14        Bethea.

15  6.    Makes technical corrections.

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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