Senate Bill sb1922er
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1
2 An act relating to agriculture and consumer
3 services; amending s. 121.0515, F.S., relating
4 to special risk membership; revising criteria
5 for firefighters; amending s. 120.80, F.S.;
6 providing that marketing orders under ch. 527,
7 F.S., are not rules; amending s. 125.27, F.S.;
8 authorizing the Department of Agriculture and
9 Consumer Services to lease or lend equipment to
10 governmental entities that have fire/rescue
11 responsibilities; limiting liability for civil
12 damages resulting from use or possession of
13 such equipment; amending s. 193.461, F.S.;
14 providing that, for purposes of the income
15 methodology approach to such assessment,
16 certain litter containment and animal waste
17 nutrient containment structures shall be
18 considered a part of the average yields per
19 acre and have no separately assessable
20 contributory value; amending s. 201.15, F.S.;
21 authorizing the department to adopt rules
22 regarding the distribution of funds for best
23 management practices; amending s. 316.228,
24 F.S.; revising requirements for lamps on
25 projecting loads; amending s. 320.08, F.S.;
26 redefining the term "goat" to include certain
27 additional farm equipment for purposes of the
28 annual license tax imposed on trucks; amending
29 s. 403.714, F.S.; deleting a requirement that
30 the department coordinate development of
31 uniform product specifications for compost used
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1 by state agencies; amending s. 487.041, F.S.;
2 authorizing the department to require and
3 review data relating to the claims of pesticide
4 products used as preventive treatment for
5 termites; authorizing the department to adopt
6 rules; amending s. 500.09, F.S.; authorizing
7 fees for certain reinspection of food
8 establishments; amending s. 500.12, F.S.;
9 increasing the maximum fee for a food permit;
10 limiting the use of such fees; amending ss.
11 502.012, 502.014, F.S.; revising references
12 relating to the pasteurized milk ordinance and
13 milk sanitation; deleting a requirement that a
14 copy of a federal temporary marketing permit
15 for milk and milk products be forwarded to the
16 department; amending s. 502.053, F.S.;
17 clarifying milk testing requirements; amending
18 s. 502.091, F.S.; authorizing the department to
19 forgo the grading of certain milk products in
20 an emergency; providing for labeling; amending
21 s. 503.041, F.S.; providing that an attempted
22 or purported transfer of a frozen dessert plant
23 license is grounds for its suspension or
24 revocation; repealing ss. 504.21, 504.22,
25 504.23, 504.24, 504.25, 504.26, 504.27, 504.28,
26 504.29, 504.31, 504.32, 504.33, 504.34, 504.35,
27 504.36, F.S.; eliminating the Florida Organic
28 Farming and Food Law; providing an effective
29 date; repealing ss. 536.20, 536.21, 536.22,
30 F.S., relating to timber and lumber; repealing
31 s. 570.381, F.S., relating to Appaloosa racing;
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1 amending ss. 550.2625, 550.2633, F.S.;
2 conforming cross-references; amending s.
3 570.07, F.S.; authorizing the department to
4 conduct investigations of violations of laws
5 relating to consumer protection; amending s.
6 503.071, F.S.; providing for the embargo,
7 detainment, or destruction of food or food
8 processing equipment of a frozen dessert
9 manufacturer; amending s. 570.244, F.S.;
10 clarifying powers and duties of the department
11 relating to the development of agribusinesses;
12 amending s. 570.249, F.S.; clarifying
13 aquacultural crops eligible for Agricultural
14 Economic Development Program disaster loans;
15 revising loan application requirements;
16 directing the department to establish an
17 agribusiness market development grant program;
18 amending s. 570.38, F.S.; increasing membership
19 of the Animal Industry Technical Council;
20 amending s. 580.031, F.S.; revising
21 definitions; amending s. 580.051, F.S.;
22 revising label requirements for feed; amending
23 s. 580.065, F.S.; revising feed laboratory
24 procedures; amending s. 580.091, F.S.; removing
25 intent language regarding feed sampling and
26 analysis; amending s. 580.112, F.S.; expanding
27 prohibited acts; amending s. 581.211, F.S.;
28 providing a penalty for violation of rules
29 relating to plant industry; amending s.
30 585.145, F.S.; prescribing requirements with
31 respect to veterinarians who may inspect
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1 animals for disease; amending s. 585.155, F.S.;
2 revising vaccination requirements for calves;
3 amending s. 589.19, F.S.; naming a state
4 forest; amending s. 616.242, F.S.; providing
5 additional exemptions from amusement ride
6 safety standards; amending s. 828.22, F.S.;
7 creating the "Humane Slaughter Act"; revising
8 provisions relating to humane slaughter and
9 livestock euthanasia; amending s. 828.23, F.S.;
10 revising definitions; amending s. 828.24, F.S.;
11 revising provisions relating to prohibited
12 acts; amending s. 828.25, F.S.; revising
13 provisions relating to administration of the
14 act by the department; creating s. 828.251,
15 F.S.; directing the department to make current
16 technical information available to
17 slaughterers; creating s. 828.252, F.S.;
18 providing for humane treatment of nonambulatory
19 animals; amending s. 828.26, F.S.; revising
20 penalties; amending ss. 427.804, 559.921, F.S.;
21 conforming cross-references; creating s.
22 604.60, F.S.; providing that certain
23 agricultural growers or producers shall have a
24 right to recover damages as a result of willful
25 and knowing damage or destruction of specified
26 agricultural products; providing considerations
27 and limits in award of damages; providing for
28 costs and attorney's fees; amending s. 810.09,
29 F.S.; prohibiting trespass upon specified
30 legally posted agricultural sites; providing a
31 penalty; reenacting ss. 260.0125(5)(b) and
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1 810.011(5)(b), F.S., to incorporate the
2 amendment to s. 810.09, F.S., in references
3 thereto; repealing s. 570.544(10) and (11),
4 F.S., relating to authority of the Division of
5 Consumer Services of the department to conduct
6 investigations of violations of laws relating
7 to consumer protection; creating s. 373.621,
8 F.S.; providing consideration for certain
9 applicants who implement water conservation
10 practices; amending section 601.48, F.S.;
11 eliminating provisions relating to inspection
12 of processed citrus products for grade and
13 subsequent grading and designation thereof;
14 authorizing the Florida Department of Citrus or
15 its successor, to collect dues, contributions,
16 or any other financial payment upon request by
17 and on behalf of any not-for-profit
18 corporation; amending s. 232.246, F.S.;
19 authorizing Agriscience Foundations I to count
20 as a science credit; providing an effective
21 date; abolishing specified authorities and
22 councils advisory to the department; creating
23 s. 570.085, F.S.; creating an agricultural
24 water conservation program within the
25 department; designating the official citrus
26 archive of Florida; providing for severability;
27 requiring the Department of Agriculture and
28 Consumer Services to administer a residential
29 citrus canker compensation program; providing
30 for sources of funds; providing for homeowners
31 to receive compensation for citrus trees
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1 removed on or after a specified date as part of
2 a citrus canker eradication program; providing
3 eligibility criteria for receiving
4 compensation; specifying the amount of
5 compensation provided under the program,
6 subject to availability of funds; requiring
7 that the department notify homeowners of the
8 program and develop a dispute-resolution
9 process; creating the "Rural and Family Lands
10 Protection Act"; defining terms; creating s.
11 570.70, F.S.; providing legislative intent;
12 creating s. 570.71, F.S.; providing for the
13 purchase of rural-lands-protection easements by
14 the Department of Agriculture and Consumer
15 Services; providing criteria; providing for
16 resource conservation agreements and
17 agricultural protection agreements; prescribing
18 allowable land uses; providing for an
19 application process; providing for the sale of
20 an easement; requiring the department to adopt
21 rules; authorizing the use of specified funds;
22 authorizing the removal of property from lists
23 and maps; providing for the deposit of funds;
24 directing the completion of a needs assessment
25 and a report; amending s. 163.3177, F.S.;
26 directing the department to authorize up to
27 five local governments to designate rural land
28 stewardship areas; requiring a written
29 agreement; providing requirements for
30 comprehensive plan amendments for such
31 designations; providing that owners of land
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1 within such areas may convey development rights
2 in return for the assignment of transferable
3 rural land use credits; providing requirements
4 with respect to such credits; specifying
5 incentives that should be provided such
6 landowners; requiring reports; providing
7 intent; providing effective dates.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsection (2) of section 121.0515, Florida
12 Statutes, is amended to read:
13 121.0515 Special risk membership.--
14 (2) CRITERIA.--A member, to be designated as a special
15 risk member, must meet the following criteria:
16 (a) The member must be employed as a law enforcement
17 officer and be certified, or required to be certified, in
18 compliance with s. 943.1395; however, sheriffs and elected
19 police chiefs shall be excluded from meeting the certification
20 requirements of this paragraph. In addition, the member's
21 duties and responsibilities must include the pursuit,
22 apprehension, and arrest of law violators or suspected law
23 violators; or the member must be an active member of a bomb
24 disposal unit whose primary responsibility is the location,
25 handling, and disposal of explosive devices; or the member
26 must be the supervisor or command officer of a member or
27 members who have such responsibilities; provided, however,
28 administrative support personnel, including, but not limited
29 to, those whose primary duties and responsibilities are in
30 accounting, purchasing, legal, and personnel, shall not be
31 included;
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1 (b) The member must be employed as a firefighter and
2 be certified, or required to be certified, in compliance with
3 s. 633.35 and be employed solely within the fire department of
4 a local government the employer or an agency of state
5 government with firefighting responsibilities. In addition,
6 the member's duties and responsibilities must include
7 on-the-scene fighting of fires or direct supervision of
8 firefighting units or aerial firefighting surveillance
9 performed by fixed-wing aircraft pilots employed by the
10 Division of Forestry of the Department of Agriculture and
11 Consumer Services, or the member must be the supervisor or
12 command officer of a member or members who have such
13 responsibilities; provided, however, administrative support
14 personnel, including, but not limited to, those whose primary
15 duties and responsibilities are in accounting, purchasing,
16 legal, and personnel, shall not be included;
17 (c) The member must be employed as a correctional
18 officer and be certified, or required to be certified, in
19 compliance with s. 943.1395. In addition, the member's
20 primary duties and responsibilities must be the custody, and
21 physical restraint when necessary, of prisoners or inmates
22 within a prison, jail, or other criminal detention facility,
23 or while on work detail outside the facility, or while being
24 transported; or the member must be the supervisor or command
25 officer of a member or members who have such responsibilities;
26 provided, however, administrative support personnel,
27 including, but not limited to, those whose primary duties and
28 responsibilities are in accounting, purchasing, legal, and
29 personnel, shall not be included; however, wardens and
30 assistant wardens, as defined by rule, shall participate in
31 the Special Risk Class;
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1 (d) The member must be employed by a licensed Advance
2 Life Support (ALS) or Basic Life Support (BLS) employer as an
3 emergency medical technician or a paramedic and be certified
4 in compliance with s. 401.27. In addition, the member's
5 primary duties and responsibilities must include on-the-scene
6 emergency medical care. However, administrative support
7 personnel, including, but not limited to, those whose primary
8 responsibilities are in accounting, purchasing, legal, and
9 personnel, shall not be included;
10 (e) The member must be employed as a community-based
11 correctional probation officer and be certified, or required
12 to be certified, in compliance with s. 943.1395. In addition,
13 the member's primary duties and responsibilities must be the
14 supervised custody, surveillance, control, investigation, and
15 counseling of assigned inmates, probationers, parolees, or
16 community controllees within the community; or the member must
17 be the supervisor of a member or members who have such
18 responsibilities. Administrative support personnel, including,
19 but not limited to, those whose primary duties and
20 responsibilities are in accounting, purchasing, legal
21 services, and personnel management, shall not be included;
22 however, probation and parole circuit and deputy circuit
23 administrators shall participate in the Special Risk Class; or
24 (f) The member must be employed in one of the
25 following classes and must spend at least 75 percent of his or
26 her time performing duties which involve contact with patients
27 or inmates in a correctional or forensic facility or
28 institution:
29 1. Dietitian (class codes 5203 and 5204).
30 2. Public health nutrition consultant (class code
31 5224).
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1 3. Psychological specialist (class codes 5230 and
2 5231).
3 4. Psychologist (class code 5234).
4 5. Senior psychologist (class codes 5237 and 5238).
5 6. Regional mental health consultant (class code
6 5240).
7 7. Psychological Services Director--DCF (class code
8 5242).
9 8. Pharmacist (class codes 5245 and 5246).
10 9. Senior pharmacist (class codes 5248 and 5249).
11 10. Dentist (class code 5266).
12 11. Senior dentist (class code 5269).
13 12. Registered nurse (class codes 5290 and 5291).
14 13. Senior registered nurse (class codes 5292 and
15 5293).
16 14. Registered nurse specialist (class codes 5294 and
17 5295).
18 15. Clinical associate (class codes 5298 and 5299).
19 16. Advanced registered nurse practitioner (class
20 codes 5297 and 5300).
21 17. Advanced registered nurse practitioner specialist
22 (class codes 5304 and 5305).
23 18. Registered nurse supervisor (class codes 5306 and
24 5307).
25 19. Senior registered nurse supervisor (class codes
26 5308 and 5309).
27 20. Registered nursing consultant (class codes 5312
28 and 5313).
29 21. Quality management program supervisor (class code
30 5314).
31
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1 22. Executive nursing director (class codes 5320 and
2 5321).
3 23. Speech and hearing therapist (class code 5406); or
4 24. Pharmacy manager (class code 5251).
5 Section 2. Paragraph (a) of subsection (2) of section
6 120.80, Florida Statutes, is amended to read:
7 120.80 Exceptions and special requirements;
8 agencies.--
9 (2) DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.--
10 (a) Agricultural Marketing orders under chapter 527,
11 chapter 573, or chapter 601 are not rules.
12 Section 3. Subsection (3) is added to section 125.27,
13 Florida Statutes, to read:
14 125.27 Countywide forest fire protection; authority of
15 the Division of Forestry; state funding; county fire control
16 assessments; disposition.--
17 (3) The Department of Agriculture and Consumer
18 Services may lease, loan, or otherwise make available, without
19 charge, to state, county, and local governmental entities that
20 have fire/rescue responsibilities, new or used fire protection
21 equipment, vehicles, or supplies, which shall include all such
22 items received from public or private entities. The
23 department, and those private or public entities providing at
24 no cost, or de minimus cost, such items for loan or lease
25 through the department, shall not be held liable for civil
26 damages resulting from use or possession of such items.
27 Private or public entities that donate fire/rescue equipment,
28 vehicles, or supplies directly to state, county, or local
29 governmental entities having fire/rescue responsibilities
30 shall not be held liable for civil damages resulting from use
31 or possession of such items.
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1 Section 4. Effective January 1, 2002, paragraph (c) of
2 subsection (6) of section 193.461, Florida Statutes, is
3 amended to read:
4 193.461 Agricultural lands; classification and
5 assessment; mandated eradication or quarantine program.--
6 (6)
7 (c)1. For purposes of the income methodology approach
8 to assessment of property used for agricultural purposes,
9 irrigation systems, including pumps and motors, physically
10 attached to the land shall be considered a part of the average
11 yields per acre and shall have no separately assessable
12 contributory value.
13 2. Litter containment structures located on producing
14 poultry farms and animal waste nutrient containment structures
15 located on producing dairy farms shall be assessed by the
16 methodology described in subparagraph 1.
17 Section 5. Subsection (8) of section 201.15, Florida
18 Statutes, as amended by chapters 99-247, 2000-151, 2000-170,
19 and 2000-197, Laws of Florida, is amended to read:
20 201.15 Distribution of taxes collected.--All taxes
21 collected under this chapter shall be distributed as follows
22 and shall be subject to the service charge imposed in s.
23 215.20(1), except that such service charge shall not be levied
24 against any portion of taxes pledged to debt service on bonds
25 to the extent that the amount of the service charge is
26 required to pay any amounts relating to the bonds:
27 (8) One-half of one percent of the remaining taxes
28 collected under this chapter shall be paid into the State
29 Treasury and divided equally to the credit of the Department
30 of Environmental Protection Water Quality Assurance Trust Fund
31 to address water quality impacts associated with
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1 nonagricultural nonpoint sources and to the credit of the
2 Department of Agriculture and Consumer Services General
3 Inspection Trust Fund to address water quality impacts
4 associated with agricultural nonpoint sources, respectively.
5 These funds shall be used for research, development,
6 demonstration, and implementation of suitable best management
7 practices or other measures used to achieve water quality
8 standards in surface waters and water segments identified
9 pursuant to ss. 303(d) of the Clean Water Act, Pub. L. No.
10 92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best
11 management practices and other measures may include cost-share
12 grants, technical assistance, implementation tracking, and
13 conservation leases or other agreements for water quality
14 improvement. The Department of Environmental Protection and
15 the Department of Agriculture and Consumer Services may adopt
16 rules governing the distribution of funds for implementation
17 of best management practices. The unobligated balance of funds
18 received from the distribution of taxes collected under this
19 chapter to address water quality impacts associated with
20 nonagricultural nonpoint sources will be excluded when
21 calculating the unobligated balance of the Water Quality
22 Assurance Trust Fund as it relates to the determination of the
23 applicable excise tax rate.
24 Section 6. Subsection (2) of section 316.228, Florida
25 Statutes, is amended to read:
26 316.228 Lamps or flags on projecting load.--
27 (2) Any commercial motor vehicle or trailer, except as
28 stated in s. 316.515(7), transporting a load of unprocessed
29 logs, or long pulpwood, poles, or posts which load extends
30 extend more than 4 feet beyond the rear of the body or bed of
31 such vehicle must have securely fixed as close as practical to
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1 the end of any such projection one amber strobe-type lamp
2 equipped with a multidirectional type lens so mounted as to be
3 visible from the rear and both sides of the projecting load.
4 If the mounting of one strobe lamp cannot be accomplished so
5 that it is visible from the rear and both sides of the
6 projecting load, multiple strobe lights must be used to meet
7 the visibility requirements of this subsection. The strobe
8 lamp must flash at a rate of at least 60 flashes per minute
9 and must be plainly visible from a distance of at least 500
10 feet to the rear and sides of the projecting load at any time
11 of the day or night. The lamp must be operating at any time of
12 the day or night when the vehicle is operated on any highway
13 or parked on the shoulder or immediately adjacent to the
14 traveled portion of any public roadway. The projecting load
15 must also be marked with a red flag as described in subsection
16 (1).
17 Section 7. Paragraph (d) of subsection (3) of section
18 320.08, Florida Statutes, is amended to read:
19 320.08 License taxes.--Except as otherwise provided
20 herein, there are hereby levied and imposed annual license
21 taxes for the operation of motor vehicles, mopeds, motorized
22 bicycles as defined in s. 316.003(2), and mobile homes, as
23 defined in s. 320.01, which shall be paid to and collected by
24 the department or its agent upon the registration or renewal
25 of registration of the following:
26 (3) TRUCKS.--
27 (d) A truck defined as a "goat," or any other vehicle
28 when used in the field by a farmer or in the woods for the
29 purpose of harvesting a crop, including naval stores, during
30 such harvesting operations, and which is not principally
31 operated upon the roads of the state: $7.50 flat. A "goat" is
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1 a motor vehicle designed, constructed, and used principally
2 for the transportation of citrus fruit within citrus groves or
3 for the transportation of crops on farms, and which can also
4 be used for the hauling of associated equipment or supplies,
5 including required sanitary equipment, and the towing of farm
6 trailers.
7 Section 8. Subsection (3) of section 403.714, Florida
8 Statutes, is amended to read:
9 403.714 Duties of state agencies.--
10 (3) All state agencies, including, but not limited to,
11 the Department of Transportation, the department, and the
12 Department of Management Services and local governments, are
13 required to procure compost products when they can be
14 substituted for, and cost no more than, regular soil amendment
15 products, provided the compost products meet all applicable
16 state standards, specifications, and regulations. The
17 Department of Agriculture and Consumer Services shall
18 coordinate the development of uniform product specifications
19 for procurement and use of compost by all state agencies. This
20 product preference shall apply to, but not be limited to, the
21 construction of highway projects, road rights-of-way, highway
22 planting projects, recultivation and erosion control programs,
23 and other projects. The Department of Agriculture and Consumer
24 Services shall prepare an annual summary on the use of compost
25 products by any state agency, political subdivision, or agency
26 of a political subdivision which is using state funds, or any
27 person contracting with such agency with respect to work
28 performed under contract. Such summary shall describe the use
29 of compost products in relation to similar products such as
30 top soil, fill dirt, sand, peat, and fertilizer. The
31 Department of Agriculture and Consumer Services shall
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1 establish a work group of state agency and local government
2 personnel to design an appropriate reporting mechanism. The
3 report shall be submitted to the Governor, the President of
4 the Senate, and the Speaker of the House of Representatives.
5 Section 9. Paragraph (e) is added to subsection (4) of
6 section 487.041, Florida Statutes, to read:
7 487.041 Registration.--
8 (4) The department, in addition to its other duties
9 under this section, has the power to:
10 (e) Require data demonstrating the efficacy of
11 pesticide products containing label statements that include
12 directions for use as preventive treatments for termites for
13 new construction. The department shall review the data and
14 determine if the data supports label claims of termite
15 prevention or protection from termite damage. Label claims for
16 protection from damage must be supported by data that shows
17 the product will prevent damage to a structure and its
18 contents for a minimum of 5 years under Florida conditions. If
19 the data does not support such label claims, then the product
20 cannot be registered or reregistered. The department shall
21 adopt rules specifying performance standards and acceptable
22 test conditions for data submitted in support of an efficacy
23 claim, or may reference such performance standards and test
24 conditions established by the United States Environmental
25 Protection Agency.
26 Section 10. Subsection (7) of section 500.09, Florida
27 Statutes, is amended to read:
28 500.09 Rulemaking; analytical work.--
29 (7) The department may establish and collect
30 reasonable fees for laboratory services performed pursuant to
31 subsection (6) or to recover the cost of each reinspection of
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1 a food establishment when the reinspection is conducted for
2 the purpose of verifying compliance with the provisions of
3 this chapter or rules promulgated thereunder. Such fees shall
4 be deposited in the department's General Inspection Trust Fund
5 and shall be used solely for the recovery of costs for the
6 services provided.
7 Section 11. Paragraph (b) of subsection (1) of section
8 500.12, Florida Statutes, is amended to read:
9 500.12 Food permits; building permits.--
10 (1)
11 (b) An application for a food permit from the
12 department must be accompanied by a fee in an amount
13 determined by department rule, which may not exceed $500 and
14 shall be used solely for the recovery of costs for the
15 services provided $350, except that the fee accompanying an
16 application for a food permit for operating a bottled water
17 plant may not exceed $1,000 and the fee accompanying an
18 application for a food permit for operating a packaged ice
19 plant may not exceed $250. The fee for operating a bottled
20 water plant or a packaged ice plant shall be set by rule of
21 the department. Food permits must be renewed annually on or
22 before January 1. If an application for renewal of a food
23 permit is not received by the department within 30 days after
24 its due date, a late fee, in an amount not exceeding $100,
25 must be paid in addition to the food permit fee before the
26 department may issue the food permit. The moneys collected
27 shall be deposited in the General Inspection Trust Fund.
28 Section 12. Subsection (15) of section 502.012,
29 Florida Statutes, is amended to read:
30 502.012 Definitions.--The following definitions shall
31 apply in the interpretation and enforcement of this law:
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1 (15) "Pasteurized milk ordinance" means the Grade A
2 Pasteurized Milk Ordinance, 1993 Recommendations of United
3 States Public Health Service/Food and Drug Administration
4 Publication No. 229, including and all associated appendices,
5 as adopted by department rule.
6 Section 13. Paragraph (b) of subsection (2) and
7 subsection (5) of section 502.014, Florida Statutes, are
8 amended to read:
9 502.014 Powers and duties.--
10 (2)
11 (b) The department shall designate employees who shall
12 be certified by the United States Food and Drug Administration
13 as state milk sanitation rating officers, sampling
14 surveillance officers, and laboratory evaluation officers in
15 accordance with the requirements published in "Methods of
16 Making Sanitation Ratings of Milk Supplies, 1989 Revision,"
17 "Evaluation of Milk Laboratories, 1985 Revision," and
18 "Procedures Governing the Cooperative State-Public Health
19 Service/Food and Drug Administration Program for Certification
20 of Interstate Milk Shippers, 1991 Revision," respectively, as
21 adopted by department rule. These officers shall conduct
22 routine sanitation compliance survey ratings of milk
23 producers, milk plants, laboratories, receiving stations,
24 transfer stations, and manufacturers of single-service
25 containers for milk and milk products. These ratings shall be
26 made in accordance with the recommendations of the United
27 States Food and Drug Administration published in Standard
28 Methods for the Examination of Dairy Products.
29 (5)(a) A person who obtains a temporary marketing
30 permit from the United States Food and Drug Administration for
31 milk and milk products that do not conform to existing
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1 standards and definitions shall immediately forward a copy of
2 the permit to the department. The department may allow the
3 person to operate in the state under the authority of the
4 federal permit if the department determines that it is in the
5 interest of the state to do so.
6 (a)(b) The department shall adopt criteria for
7 issuance of a state temporary marketing permit for milk and
8 milk products that do not conform to existing standards and
9 definitions.
10 (b)(c) The department shall establish a fee, not to
11 exceed $100, for the issuance of a state temporary marketing
12 permit or the use of a federal permit in the state. The fee
13 shall cover all costs of issuing the state permit or
14 processing the federal permit.
15 Section 14. Paragraph (c) of subsection (2) of section
16 502.053, Florida Statutes, is amended to read:
17 502.053 Permits; requirements; exemptions; temporary
18 permits.--
19 (2) REQUIREMENTS.--
20 (c) In addition to the testing required in Appendix N
21 of the pasteurized milk ordinance and its appendices, each
22 milk plant operator in the state shall be responsible for
23 routine testing and inspection of raw milk shipped from
24 outside the state prior to processing and shall notify the
25 department when such testing and inspection indicates a
26 violation of the standards contained in the pasteurized milk
27 ordinance.
28 Section 15. Paragraph (a) of subsection (1) of section
29 502.091, Florida Statutes, is amended to read:
30 502.091 Milk and milk products which may be sold.--
31
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1 (1) Only Grade A pasteurized milk and milk products or
2 certified pasteurized milk shall be sold to the final consumer
3 or to restaurants, soda fountains, grocery stores, or similar
4 establishments.
5 (a) In an emergency, however, the department may
6 authorize the sale of reconstituted pasteurized milk products,
7 or pasteurized milk and milk products that which have not been
8 graded, or the grade of that which is unknown, in which case
9 such milk and milk products shall be appropriately labeled, as
10 determined by the department. "ungraded."
11 Section 16. Subsection (1) of section 503.041, Florida
12 Statutes, is amended to read:
13 503.041 License fee; report required; penalty.--
14 (1) Each frozen dessert plant that manufactures frozen
15 desserts or other products defined in this chapter, or offers
16 these products for sale in this state must hold a valid
17 license. Any attempted or purported transfer of such license
18 is grounds for suspension or revocation of the license.
19 Section 17. Sections 504.21, 504.22, 504.23, 504.24,
20 504.25, 504.26, 504.27, 504.28, 504.29, 504.31, 504.32,
21 504.33, 504.34, 504.35, 504.36, Florida Statutes, are
22 repealed. This section shall take effect December 31, 2002.
23 Section 18. Sections 536.20, 536.21, and 536.22,
24 Florida Statutes, are repealed.
25 Section 19. Section 570.381, Florida Statutes, is
26 repealed.
27 Section 20. Subsection (7) of section 550.2625,
28 Florida Statutes, is amended to read:
29 550.2625 Horseracing; minimum purse requirement,
30 Florida breeders' and owners' awards.--
31 (7)
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1 (b) The division shall deposit these collections to
2 the credit of the Florida Quarter Horse Racing Promotion Trust
3 Fund in a special account to be known as the "Florida
4 Appaloosa Racing Promotion Fund." The Department of
5 Agriculture and Consumer Services shall administer the funds
6 and adopt suitable and reasonable rules for the administration
7 thereof. The moneys in the Florida Appaloosa Racing Promotion
8 Fund shall be allocated solely for supplementing and
9 augmenting purses and prizes and for the general promotion of
10 owning and breeding of racing Appaloosas in this state; and
11 such moneys may not be used to defray any expense of the
12 Department of Agriculture and Consumer Services in the
13 administration of this chapter, except that the moneys
14 generated by Appaloosa registration fees received pursuant to
15 s. 570.381 may be used as provided in paragraph (5)(b) of that
16 section.
17 Section 21. Subsection (2) of section 550.2633,
18 Florida Statutes, is amended to read:
19 550.2633 Horseracing; distribution of abandoned
20 interest in or contributions to pari-mutuel pools.--
21 (2) All moneys or other property which has escheated
22 to and become the property of the state as provided herein and
23 which is held by a permitholder authorized to conduct
24 pari-mutuel pools in this state shall be paid annually by the
25 permitholder to the recipient designated in this subsection
26 within 60 days after the close of the race meeting of the
27 permitholder. Section 550.1645 notwithstanding, such moneys
28 shall be paid by the permitholder as follows:
29 (a) Funds from any harness horse races shall be paid
30 to the Florida Standardbred Breeders and Owners Association
31 and shall be used for the payment of breeders' awards,
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1 stallion awards, stallion stakes, additional purses, and
2 prizes for, and for the general promotion of owning and
3 breeding of, Florida-bred standardbred horses, as provided for
4 in s. 550.2625.
5 (b) Except as provided in paragraph paragraphs (c) and
6 (d), funds from quarter horse races shall be paid to the
7 Florida Quarter Horse Breeders and Owners Association and
8 shall be allocated solely for supplementing and augmenting
9 purses and prizes and for the general promotion of owning and
10 breeding of racing quarter horses in this state, as provided
11 for in s. 550.2625.
12 (c) Funds for Appaloosa races conducted under a
13 quarter horse racing permit shall be deposited into the
14 Florida Quarter Horse Racing Promotion Trust Fund in a special
15 account to be known as the "Florida Appaloosa Racing Promotion
16 Fund" and shall be used for the payment of breeders' awards
17 and stallion awards as provided for in s. 570.381.
18 (c)(d) Funds for Arabian horse races conducted under a
19 quarter horse racing permit shall be deposited into the
20 Florida Quarter Horse Racing Promotion Trust Fund in a special
21 account to be known as the "Florida Arabian Horse Racing
22 Promotion Fund" and shall be used for the payment of breeders'
23 awards and stallion awards as provided for in s. 570.382.
24 Section 22. Subsections (36), (37), and (38) are added
25 to section 570.07, Florida Statutes, to read:
26 570.07 Department of Agriculture and Consumer
27 Services; functions, powers, and duties.--The department shall
28 have and exercise the following functions, powers, and duties:
29 (36) If the department, by its own inquiry or as a
30 result of complaints, has reason to believe that a violation
31 of the laws of the state relating to consumer protection has
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1 occurred or is occurring, to conduct an investigation,
2 subpoena witnesses and evidence, and administer oaths and
3 affirmations. If, as a result of the investigation, the
4 department has reason to believe a violation of chapter 501
5 has occurred, the department with the coordination of the
6 Department of Legal Affairs and any state attorney, if the
7 violation has occurred or is occurring within her or his
8 judicial circuit, shall have the authority to bring an action
9 in accordance with the provisions of chapter 501.
10 (37) If the department, by its own inquiry or as a
11 result of complaints, has reason to believe that a violation
12 of the laws of the state relating to consumer protection has
13 occurred or is occurring, that the interests of the consumers
14 of this state have been damaged or are being damaged, or that
15 the public health, safety, or welfare is endangered or is
16 likely to be endangered by any consumer product or service, to
17 commence legal proceedings in circuit court to enjoin the act
18 or practice or the sale of the product or service and may seek
19 appropriate relief on behalf of consumers. Upon application by
20 the department, a hearing shall be held within 3 days after
21 the commencement of the proceedings.
22 (38) To repair or build structures, from existing
23 appropriations authority, notwithstanding chapters 216 and
24 255, not to exceed a cost of $250,000 per structure. These
25 structures must meet all applicable building codes.
26 Section 23. Subsection (6) is added to section
27 503.071, Florida Statutes, to read:
28 503.071 Penalty, injunction, and administrative
29 fines.--
30 (6) Frozen dessert manufacturers are subject to the
31 provisions of s. 500.172, relating to embargoing, detaining,
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1 or destroying food or food processing equipment, as well as
2 the provisions of this section.
3 Section 24. Subsection (4) of section 570.244, Florida
4 Statutes, is amended to read:
5 570.244 Department of Agriculture and Consumer
6 Services; powers and duties.--For the accomplishment of the
7 purposes specified in this act, the department shall have all
8 powers and duties necessary, including, but not limited to,
9 the power and duty to:
10 (4) Facilitate economic growth through the development
11 of new agribusinesses such as value-added processing plants
12 and associated enterprises using raw products which are
13 produced in the state.
14 Section 25. Effective upon this act becoming a law,
15 paragraph (d) of subsection (2) and subsections (4) and (5) of
16 section 570.249, Florida Statutes, are amended, and subsection
17 (7) is added to that section, to read:
18 570.249 Agricultural Economic Development Program
19 disaster loans and grants and aid.--
20 (2) ELIGIBLE CROPS.--Crops eligible for the emergency
21 loan program include:
22 (d) Specialty crops, such as seafood and aquaculture,
23 including, but not limited to, the products of shellfish
24 cultivation and harvesting, ornamental fish farming, and
25 commercial fishing; aquacultural, floricultural, or ornamental
26 nursery crops; Christmas trees; turf for sod; industrial
27 crops; and seed crops used to produce eligible crops.
28 (4) LOAN APPLICATION.--In order to qualify for a loan
29 under this section, an applicant must submit an application to
30 the department committee within 90 30 days after the date the
31 natural disaster or socioeconomic condition or event occurs or
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1 the crop damage becomes apparent. An applicant must be a
2 citizen of the United States and, a bona fide resident of the
3 state and, together with the applicant's spouse and their
4 dependents, have a total net worth of less than $100,000. The
5 value of any residential homestead owned by the applicant must
6 not be included in determining the applicant's net worth. An
7 applicant must also demonstrate the need for economic
8 assistance, be worthy of credit according to standards
9 established by the commissioner, prove that he or she cannot
10 obtain commercial credit, and demonstrate that he or she has
11 the ability to repay the loan.
12 (5) LOAN SECURITY REQUIREMENTS.--All loans must be
13 secured fully collateralized. A first lien is required on all
14 property or product acquired, produced, or refinanced with
15 loan funds. The specific type of collateral required may vary
16 depending upon the loan purpose, repayment ability, and the
17 particular circumstances of the applicant.
18 (7) GRANTS AND AID.--The department shall establish a
19 grant program to provide aid to agribusinesses to assist in
20 market development.
21 Section 26. Subsection (1) of section 570.38, Florida
22 Statutes, is amended to read:
23 570.38 Animal Industry Technical Council.--
24 (1) COMPOSITION.--The Animal Industry Technical
25 Council is hereby created in the department and shall be
26 composed of 14 11 members as follows:
27 (a) The beef cattle, swine, dairy, horse, independent
28 agricultural markets, meat processing and packing
29 establishments, veterinary medicine, and poultry
30 representatives who serve on the State Agricultural Advisory
31 Council and three additional representatives from the beef
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1 cattle industry, as well as three at-large members
2 representing other animal industries in the state, who shall
3 be appointed by the commissioner for 4-year terms or until
4 their successors are duly qualified and appointed.
5 (b) Each additional beef cattle representative shall
6 be appointed subject to the qualifications and by the
7 procedure as prescribed in s. 570.23 for membership to the
8 council by the beef cattle representative. If a vacancy
9 occurs in these three positions, it shall be filled for the
10 remainder of the term in the same manner as an initial
11 appointment.
12 Section 27. Section 580.031, Florida Statutes, is
13 amended to read:
14 580.031 Definitions of words and terms.--As used in
15 this chapter, the term:
16 (1) "Brand name" means any word, name, symbol, or
17 device, or combination thereof, identifying the commercial
18 feed of a distributor and distinguishing it from the
19 commercial feed of others.
20 (2) "Commercial feed" means all materials or
21 combinations of materials that are distributed or intended to
22 be distributed for use as feed or for mixing in a feed for
23 animals other than humans, except:
24 (a) Unmixed whole seeds, including physically altered
25 entire unmixed seeds, when such seeds are not chemically
26 changed or are not adulterated within the meaning of s.
27 580.071.
28 (b) Unground hay, straw, stover, silage, cobs, husks,
29 and hulls, and individual chemical compounds or substances,
30 when such commodities, compounds, or substances are unmixed
31
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1 with other substances and are not adulterated within the
2 meaning of s. 580.071.
3 (c) Feed mixed by the consumer for the consumer's own
4 use made entirely or in part from products raised on the
5 consumer's farm, except as is provided by rules of the
6 department.
7 (d) Any material or combination of materials that is
8 distributed for use as feed for domestic pets such as but not
9 limited to: dogs, cats, gerbils, hamsters, birds, fish,
10 reptiles, and amphibians.
11 (3) "Consumer" or "customer" means the person who
12 purchases or receives commercial feed or feedstuff for feeding
13 to animals.
14 (4) "Cooperative" means any corporation organized
15 under the provisions of chapter 618 or chapter 619 for the
16 mutual benefit of its members who are producers of milk, and
17 which sells, distributes, or provides feed for dairy cows or
18 feed ingredients for such feed only to its members.
19 (5) "Customer-formula feed" means a commercial feed
20 consisting of a mixture of commercial feeds or feed
21 ingredients, each batch of which is manufactured according to
22 the specific instructions of the final customer, is
23 distributed only to that customer, and is not redistributed.
24 (6) "Department" means the Department of Agriculture
25 and Consumer Services.
26 (7) "Distribute" means to offer for sale, sell,
27 barter, or exchange commercial feed or feedstuff or to supply,
28 furnish, or otherwise provide commercial feed or feedstuff for
29 use by any consumer or customer in the state.
30 (8) "Distributor" means any person who distributes
31 commercial feed or feedstuff. It does not include persons who
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1 sell brand name feed at retail on behalf of a registrant who
2 manufactures such feed.
3 (9) "Drug" means any article intended for use in the
4 diagnosis, cure, mitigation, treatment, or prevention of
5 disease in animals other than humans and articles other than
6 feed intended to affect the structure or any function of the
7 animal body.
8 (10) "Feedstuff" means edible materials, other than
9 commercial feed, which are distributed for animal consumption
10 and which contribute energy or nutrients, or both, to an
11 animal diet. The term includes ingredients as defined in this
12 section. The term does not include any material or combination
13 of materials that is distributed for use as feed for domestic
14 pets such as but not limited to: dogs, cats, gerbils,
15 hamsters, birds, fish, reptiles, and amphibians.
16 (11) "Good management practices" means procedures for
17 manufacture, distribution, transportation, sampling,
18 inspection, and analysis of feed which are designed to prevent
19 contamination of the feed by toxins, drugs, bacteria, or other
20 harmful substances.
21 (12) "Hazard-analysis critical-control-point program"
22 means the identification of points in the manufacture,
23 distribution, transportation, sampling, inspection, and
24 analysis of feed at which there is a risk of contamination
25 that could be harmful to humans and other animals and the
26 identification of methods of preventing contamination at these
27 points.
28 (13) "Ingredient" means each of the constituent
29 materials used to make a commercial feed.
30 (14) "Integrated poultry operation" means a business
31 enterprise that owns all stages of poultry production and
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1 manufactures and distributes commercial feed or feedstuff for
2 consumption by animals owned by the business enterprise. An
3 integrated poultry operation does not sell feed commercially.
4 (15) "Label" means a display of written, printed, or
5 graphic matter upon or affixed to the container in which a
6 product is distributed, or on the invoice accompanying the
7 product.
8 (16) "Labeling" means all labels and other written,
9 printed, or graphic matter upon an article or any of its
10 containers or wrappers, or accompanying commercial feed or
11 feedstuff.
12 (17) "Manufacture" means the grinding, mixing, or
13 blending, or further processing, of a commercial feed for
14 distribution.
15 (18) "Medicated feed" means a commercial feed or
16 customer-formula feed that contains a drug.
17 (19) "Member of a cooperative" means, in the case of a
18 stock association, the owner of at least one share of voting
19 stock, and, in the case of a nonstock association, a person
20 who has been issued a membership certificate upon the payment
21 of a membership fee of at least $1,000, or who has an
22 outstanding obligation of not less than $1,000 owed to the
23 member by the cooperative in accordance with the bylaws of the
24 cooperative, and who is entitled to voting powers within the
25 cooperative.
26 (20) "Percent" or "percentage" means percentage by
27 weight.
28 (21) "Product name" means the name of the commercial
29 feed which identifies it as to kind, class, or specific use.
30 (22) "Quality-assurance/quality-control plan" means a
31 system of activities designed to provide assurance that the
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1 commercial feed or feedstuff meets defined standards of
2 quality and to provide control of the quality of the
3 commercial feed or feedstuff.
4 (23) "Registrant" means any person issued a master
5 registration by the department.
6 (24) "Ton" means a net weight of 2,000 pounds
7 avoirdupois.
8
9 Except as provided by law or rule, all terms used in
10 connection with commercial feed or feedstuff have the meanings
11 ascribed to them by the Association of American Feed Control
12 Officials.
13 Section 28. Section 580.051, Florida Statutes, is
14 amended to read:
15 580.051 Labels; requirements; penalty.--
16 (1) Any commercial feed distributed in this state,
17 except a customer-formula feed and feed distributed through an
18 integrated poultry operation or by a cooperative to its
19 members, shall be accompanied by a legible label bearing all
20 information required by the federal Food and Drug
21 Administration and the following information:
22 (a) An accurate statement of the net weight.
23 (b) The name and principal address of the registrant.
24 (c) The brand name and product name, if any, under
25 which the commercial feed is distributed. The word "medicated"
26 shall be incorporated as part of the brand or product name if
27 the commercial feed contains a drug.
28 1. The department may require feeding directions and
29 precautionary statements to be placed on the label for the
30 safe and effective use of medicated and other feed as deemed
31 necessary.
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1 2. Labels on medicated feed shall include all of the
2 following:
3 a. Any feeding directions prescribed by the department
4 to ensure safe usage.
5 b. The stated purpose of the medication contained in
6 the feed as stated in the claim statement.
7 c. The established name of each active drug
8 ingredient.
9 d. The level of each drug used in the final mixture
10 expressed in metric units as well as the required avoirdupois.
11 (d) The date of manufacture or expiration date of
12 commercial feed sold at retail as the department may by rule
13 require.
14 (e) The guaranteed analysis stated in terms that
15 advise the consumer of the composition of the feed or
16 feedstuff or support claims made in the labeling. In all
17 cases, the elements or compounds listed in the analysis must
18 be determinable by laboratory methods approved by the
19 department.
20 1. The guaranteed analysis, listing the minimum
21 percentage of crude protein, minimum percentage of crude fat,
22 and maximum percentage of crude fiber and, when more than 10
23 percent mineral ingredients are present, the minimum or
24 maximum percentages of mineral elements or compounds as
25 provided by rule.
26 2. Vitamin ingredients, when guaranteed, shall be
27 shown in amounts and terms provided by rule. For mineral feed,
28 the list shall include the following: maximum or minimum
29 percentages of calcium (Ca), phosphorus (P), salt (NaCl), iron
30 (Fe), copper (Cu), cobalt (Co), magnesium (Mg), manganese
31 (Mn), potassium (K), selenium (Se), zinc (Zn), and fluorine
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1 (F) if ingredients used as sources of any of these
2 constituents are declared. All mixtures that contain mineral
3 or vitamin ingredients generally regarded as dietary factors
4 essential for the normal nutrition of animals and that are
5 sold or represented for the primary purpose of supplying these
6 minerals or vitamins as additions to rations in which these
7 same mineral or vitamin factors may be deficient shall be
8 classified as mineral or vitamin supplements. Products sold
9 solely as mineral or vitamin supplements and guaranteed as
10 specified in this section need not show guarantees for
11 protein, fat, and fiber.
12 3. Other nutritional substances or elements
13 determinable by laboratory methods may be guaranteed by
14 permission of, or shall be guaranteed at the request of, the
15 department as may be provided by rule.
16 (f) The common or usual name of each ingredient used
17 in the manufacture of the commercial feed; however, for all
18 commercial feed except horse feed, the department by rule may
19 permit the use of collective terms for a group of ingredients
20 which perform a similar nutritional function.
21 (2) Customer-formula feed shall be accompanied by a
22 label, invoice, delivery slip, or other shipping document,
23 bearing all information required by the federal Food and Drug
24 Administration and the following:
25 (a) The name and address of the manufacturer.
26 (b) The name and address of the customer ordering the
27 feed.
28 (c) The date of delivery.
29 (d) The product name and net weight of each commercial
30 feed and each other ingredient used in the mixture.
31
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1 (e) Adequate directions and precautionary statements
2 for the safe and effective use of all customer-formula feed
3 that is medicated.
4 (3) Feed distributed by an integrated poultry
5 operation or by a cooperative to its members shall be
6 accompanied by a legible label bearing information required by
7 the federal Food and Drug Administration.
8 (4)(3) When a commercial feed is distributed in this
9 state in bags or other containers, a label shall be placed on
10 or affixed to each container; when a commercial feed is
11 distributed in bulk, a label shall accompany delivery and be
12 furnished to the customer at time of delivery.
13 (5)(4) The amount of $100 shall be paid to the
14 department as penalty for the distribution of any commercial
15 feed that is not accompanied with the label required under
16 this chapter. The proceeds from any such penalty payments
17 shall be deposited by the department in the General Inspection
18 Trust Fund.
19 Section 29. Subsections (1), (2), and (3) of section
20 580.065, Florida Statutes, are amended to read:
21 580.065 Laboratory certifications; application; fees;
22 requirements; reporting; refusal or cancellation of
23 certification.--
24 (1)(a) The department by rule shall establish the
25 standards that a laboratory must meet to become certified in
26 any of the following areas of testing:
27 1. Nutrient.
28 2. Mycotoxins.
29 3. Microbiological organisms.
30 4. Pesticide residues.
31 5. Drugs Drug residues.
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1 (b) The department shall be guided by the methods
2 published by the Association of Official Analytical Chemists,
3 the United States Environmental Protection Agency, the United
4 States Food and Drug Administration, or other generally
5 recognized authorities in developing the standards for these
6 laboratory certifications.
7 (2)(a) Any laboratory wanting to be certified by the
8 department in any of the testing categories must complete and
9 return an application with a $100 application fee and a $300
10 fee for each of the desired certifications. A single
11 application may be used to apply for more than one
12 certification. The department shall furnish the application
13 forms, which must require the distributor to state that the
14 laboratory will comply with all provisions of this chapter and
15 applicable rules. The registration form shall identify the
16 laboratory's name, the name of the owner or owners of the
17 business, the location of the laboratory, and other
18 information as required by rule of the department. The form
19 shall be signed by the owner, a partner, if a partnership, or
20 an authorized officer or agent, if a corporation.
21 (b) The department shall mail a certificate for each
22 certification granted to the laboratory to signify that
23 administrative requirements have been met.
24 (c) Each laboratory that is certified in any area of
25 testing must renew each certification annually. Renewal must
26 be submitted on a form provided by the department at least 30
27 days prior to the expiration date of the current certificate.
28 The laboratory must complete and return the renewal form with
29 the appropriate fee for the desired annual certification as
30 indicated on the form. Failure to timely renew certification
31 shall result in the expiration of the certification on the
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1 date stated on the certificate. Any renewal received after the
2 expiration date on the certificate shall be accompanied by a
3 $50 late charge. Any renewal received 30 days or more beyond
4 the expiration date on the certificate shall be returned to
5 the laboratory, and the laboratory shall apply to the
6 department as if it were the initial application for
7 certification.
8 (d) Certification shall be conditioned on the
9 laboratory's compliance with all provisions of this chapter
10 and rules thereof, including:
11 1. Submitting quarterly reports to the department
12 containing the results of the commercial feed and feedstuff
13 analyses for that quarter, including, but not limited to, the
14 results of each sample submitted for analysis by each
15 registrant, the registration number of the registrant
16 submitting the samples, the number of violative samples, and
17 any additional information the department may require by rule.
18 2. Reporting immediately to the department each sample
19 that is found to be in violation of the standards in this
20 chapter and in the rules thereof.
21 3. Participating in the quarterly check-sample program
22 administered by the department, when required.
23 4. Maintaining a bookkeeping system and records that
24 will allow the department to verify the accuracy of the
25 reports required in this chapter and to examine such records
26 at reasonable times.
27 (e) Failure to submit reports as required in this
28 subsection may result in the suspension or revocation of one
29 or more of the laboratory's testing certifications.
30 (3) The department may shall operate a check-sample
31 program for all testing certifications. If 30 percent or more
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1 of a laboratory's check-sample results are outside the
2 acceptable variation established by rule for each check-sample
3 test, the laboratory must pay a $100 fine and shall be placed
4 on probation for the next quarter. The laboratory may shall be
5 required to process additional check samples during the
6 probationary period. If 20 percent or more of the results of
7 the laboratory's check samples are outside the acceptable
8 variation level during the probationary period, that test
9 category certification shall be revoked and the laboratory may
10 not apply again for the same certification for 1 year after
11 the date of the revocation.
12 Section 30. Section 580.091, Florida Statutes, is
13 amended to read:
14 580.091 Inspection; sampling; analysis; exemption.--
15 (1)(a) The department may inspect, sample, or analyze
16 commercial feed and feedstuff to ascertain compliance with
17 this chapter and rules adopted pursuant to this chapter.
18 (b) The department is authorized to enter upon any
19 public or business premises and any transport vehicle during
20 regular business hours in order to have access to commercial
21 feed or feedstuff and records relating to its origin,
22 transport, manufacture, distribution, and sale.
23 (2) All registrants must have samples of their feed
24 and feed ingredients tested by a laboratory that has been
25 certified by the department or must be exempt from the
26 certified laboratory testing requirements, as provided in this
27 chapter, to ensure that all commercial feed and feedstuff
28 comply with the provisions of this chapter. The sampling
29 frequency and analysis requirements shall be determined by
30 rule of the department for poultry, dairy cow, beef cattle,
31 horse, swine, and other agriculture feed.
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1 (a) Unless otherwise provided in this chapter, the
2 department shall not require distributors of 300 tons or less
3 of poultry, dairy cow, beef cattle, horse, swine, or other
4 agriculture feed per year to submit more than one sample of
5 each such feed per year for analysis.
6 (b) If a registrant distributes more than one type of
7 commercial feed, the sampling requirement for mycotoxins shall
8 be determined by the combined tonnage of feed distributed by
9 that registrant and shall be the most stringent of the
10 sampling requirements for the types of feed distributed.
11 (c) Integrated poultry operations and cooperatives
12 shall not be required to submit their feed samples for
13 nutrient analysis. However, poultry and dairy feed sold by
14 enterprises other than integrated poultry operations or
15 cooperatives shall be subject to nutrient analysis as required
16 by the department.
17 (d) It is the intent of the Legislature that the
18 department not require sampling and analysis any more rigorous
19 than the level of sampling and analysis reflected in the Feed
20 Laboratory Quarterly Reports or official department records.
21 (d)(e) Notwithstanding provisions to the contrary in
22 this subsection, if the department finds that circumstances
23 exist which threaten the health of commercial livestock or the
24 public, the department may require more frequent analysis of
25 feed. In such case, the department must notify affected
26 registrants of the need for additional analysis and the
27 estimated time period for which the analysis will be required
28 to protect animal or public health.
29 (e)(f) The department shall work with registrants in
30 the feed industry to develop a system of reporting commercial
31 feed or feedstuff that has been rejected due to adulteration.
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1 (3) The department shall encourage the use of good
2 management practices and hazard-analysis
3 critical-control-point programs in the manufacture,
4 distribution, transportation, sampling, inspection, and
5 analysis of commercial feed and feedstuff.
6 (a) If critical control points have been identified
7 and good management practices have been implemented, the
8 department shall conduct an onsite evaluation of the program
9 to ensure the application of the established program.
10 Registrants demonstrating adequate control of feed
11 manufacture, distribution, transportation, and sampling
12 processes and infrequent adulteration or other violations
13 shall be subject to reduced sampling frequencies and analysis
14 requirements that the department shall establish by rule.
15 (b) The department may require periodic reports to
16 document the continued and appropriate use of good management
17 practices and hazard analysis of critical control points. The
18 department shall work with the industry in determining the
19 appropriate level of such reporting.
20 (4) Sampling and analysis must be conducted in
21 accordance with methods published by the Association of
22 Official Analytical Chemists, the United States Environmental
23 Protection Agency, the United States Food and Drug
24 Administration, or other generally recognized authorities. In
25 any instance where methods do not exist, the department shall
26 adopt by rule the methods that are to be official in this
27 state.
28 (5) A registrant may apply for an exemption from the
29 certified laboratory testing requirements by submitting its
30 quality-assurance/quality-control plan, including laboratory
31 testing protocols, to the department for review and approval
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1 or disapproval. The department shall furnish the form for
2 requesting the exemption, which form shall require the
3 registrant to comply with all applicable provisions of this
4 chapter and related rules.
5 (a) Upon approval of a registrant's
6 quality-assurance/quality-control plan, the department shall
7 conduct an evaluation of the registrant's facility to verify
8 compliance with the plan and the testing protocols submitted.
9 The department shall send the registrant a letter of exemption
10 if it finds that adequate measures are in place to assure
11 compliance with the material submitted and with this chapter.
12 (b) The registrant's quality-assurance/quality-control
13 plan laboratory facility shall be subject to evaluation every
14 3 years. Application for renewal must be submitted on a form
15 provided by the department at least 30 days prior to the
16 expiration date of the current approval letter. Any renewal
17 application received after the expiration date on the approval
18 letter shall be accompanied by a $50 late charge. Failure to
19 timely renew certification shall result in the expiration of
20 the approval and imposition of the requirement to have all
21 feed samples tested by a department-certified laboratory.
22 (c) The department shall charge a fee for any
23 evaluation, in an amount to cover the direct and indirect
24 costs associated with such evaluation and approval.
25 (d) Registrants with approved programs must comply
26 with all applicable provisions of this chapter and rules,
27 including:
28 1. Maintaining records of all laboratory test results
29 for 3 years or as required by federal regulation, whichever is
30 longer.
31
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1 2. Allowing department personnel access to records and
2 laboratory facilities during reasonable hours for inspection
3 purposes.
4 3. Providing to the department the results of any
5 check-sample program the registrant may be using.
6 Section 31. Subsection (14) is added to section
7 580.112, Florida Statutes, to read:
8 580.112 Certain acts prohibited.--The following acts,
9 or the causing thereof knowingly, within the state are
10 prohibited:
11 (14) The distribution of a feed or feedstuff which is
12 prohibited by the federal law or regulation.
13 Section 32. Paragraph (a) of subsection (1) of section
14 581.211, Florida Statutes, is amended to read:
15 581.211 Penalties for violations.--
16 (1) Any person who:
17 (a) Violates any provision of this chapter or the
18 rules adopted under this chapter;
19
20 commits a misdemeanor of the first degree, punishable as
21 provided in s. 775.082 or s. 775.083.
22 Section 33. Subsection (4) is added to section
23 585.145, Florida Statutes, to read:
24 585.145 Control of animal diseases.--
25 (4) Official certificates of veterinary inspection may
26 be completed only by a veterinarian accredited under the
27 National Veterinary Accreditation Program. The department may,
28 as prescribed by rule, deny a veterinarian the authority to
29 issue health certificates for the importation, movement, or
30 transfer of ownership of animals into or within the state as
31 required by this section for one of the following causes;
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1 (a) The revocation of such veterinarian's license to
2 practice veterinary medicine in the state;
3 (b) Forging, counterfeiting, altering, or
4 misrepresenting an official certificate of veterinary
5 inspection; or
6 (c) Failure to report, or the negligent handling of,
7 any reportable disease.
8 Section 34. Paragraphs (a), (c), and (d) of subsection
9 (2) of section 585.155, Florida Statutes, are amended to read:
10 585.155 Whole-herd and calf vaccination.--
11 (2)(a) All calves officially vaccinated with Brucella
12 abortus vaccine shall be permanently identified at the time of
13 vaccination with the official shield tattoo "V," registered by
14 the United States Department of Agriculture, in the right ear,
15 preceded by the numeral of the quarter of the year and
16 followed by the last numeral of the year.
17 (c) Heifer calves must be vaccinated when not less
18 than 4 months and not more than 10 months of age.
19 (c)(d) Duplicate reports covering these vaccinations
20 shall be immediately furnished to the department and shall
21 constitute the official record of vaccination.
22 Section 35. Section 589.19, Florida Statutes, is
23 amended to read:
24 589.19 Creation of certain state forests; naming of
25 certain state forests.--
26 (1) When the Board of Trustees of the Internal
27 Improvement Trust Fund, any state agency, or any agency
28 created by state law, authorized to accept reforestation lands
29 in the name of the state, approve the recommendations of the
30 Division of Forestry in reference to the acquisition of land
31 and acquire such land, the said board, state agency, or agency
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1 created by state law, may formally designate and dedicate any
2 area as a reforestation project, or state forest, and where so
3 designated and dedicated such area shall be under the
4 administration of the division which shall be authorized to
5 manage and administer said area according to the purpose for
6 which it was designated and dedicated.
7 (2) The first state forest acquired by the Board of
8 Trustees of the Internal Improvement Trust Fund in Baker
9 County is to be named the John M. Bethea State Forest. This
10 is to honor Mr. John M. Bethea who was Florida's fourth state
11 forester and whose distinguished career in state government
12 spanned 46 years and who is a native of Baker County.
13 Section 36. Paragraph (a) of subsection (10) of
14 section 616.242, Florida Statutes, is amended to read:
15 616.242 Safety standards for amusement rides.--
16 (10) EXEMPTIONS.--
17 (a) This section does not apply to:
18 1. Permanent facilities that employ at least 1,000
19 full-time employees and that maintain full-time, in-house
20 safety inspectors. Furthermore, the permanent facilities must
21 file an affidavit of the annual inspection with the
22 department, on a form prescribed by rule of the department.
23 Additionally, the Department of Agriculture and Consumer
24 Services may consult annually with the permanent facilities
25 regarding industry safety programs.
26 2. Any playground operated by a school, local
27 government, or business licensed under chapter 509, if the
28 playground is an incidental amenity and the operating entity
29 is not primarily engaged in providing amusement, pleasure,
30 thrills, or excitement.
31
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1 3. Museums or other institutions principally devoted
2 to the exhibition of products of agriculture, industry,
3 education, science, religion, or the arts.
4 4. Conventions or trade shows for the sale or exhibit
5 of amusement rides if there are a minimum of 15 amusement
6 rides on display or exhibition, and if any operation of such
7 amusement rides is limited to the registered attendees of the
8 convention or trade show.
9 5. Skating rinks, arcades, lazer or paint ball war
10 games, bowling alleys, miniature golf courses, mechanical
11 bulls, inflatable rides, trampolines, ball crawls, exercise
12 equipment, jet skis, paddle boats, air boats, helicopters,
13 airplanes, parasails, hot air or helium balloons whether
14 tethered or untethered, theatres, batting cages, stationary
15 spring-mounted fixtures, rider-propelled merry-go-rounds,
16 games, side shows, live animal rides, or live animal shows.
17 6. Go-karts operated in competitive sporting events if
18 participation is not open to the public.
19 7. Nonmotorized playground equipment that is not
20 required to have a manager.
21 8. Coin-actuated amusement rides designed to be
22 operated by depositing coins, tokens, credit cards, debit
23 cards, bills, or other cash money and which are not required
24 to have a manager, and which have a capacity of six persons or
25 less.
26 9. Facilities described in s. 549.09(1)(a) when such
27 facilities are operating cars, trucks, or motorcycles only.
28 10. Battery-powered cars or other vehicles that are
29 designed to be operated by children 7 years of age or under
30 and that cannot exceed a speed of 4 miles per hour.
31
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1 11. Mechanically driven vehicles that pull train cars,
2 carts, wagons, or other similar vehicles, that are not
3 confined to a metal track or confined to an area but are
4 steered by an operator and do not exceed a speed of 4 miles
5 per hour.
6 Section 37. Section 828.22, Florida Statutes, is
7 amended to read:
8 828.22 Humane Slaughter Act; humane slaughter and
9 livestock euthanasia; requirements requirement.--
10 (1) Sections 828.22-828.26 may be cited as the "Humane
11 Slaughter Act."
12 (2)(a)(1) The Legislature of this state finds that the
13 use of humane methods in the killing slaughter of livestock
14 prevents needless suffering, results in safer and better
15 working conditions for persons engaged in the slaughtering
16 industry or other livestock operations, brings about
17 improvement of products and economy in slaughtering or other
18 livestock operations, and produces other benefits for
19 producers, processors, and consumers which tend to expedite
20 the orderly flow of livestock and their products.
21 (b)(2) It is therefore declared to be the policy of
22 this state to require that the slaughter of all livestock and
23 the handling of livestock in connection with slaughter shall
24 be carried out only by humane methods and to provide that
25 methods of slaughter shall conform generally to those employed
26 in other states where humane slaughter is required by law and
27 to those authorized by the Federal Humane Slaughter Act of
28 1958, and regulations thereunder.
29 (3) Nothing in ss. 828.22-828.26 this act shall be
30 construed to prohibit, abridge, or in any way hinder the
31 religious freedom of any person or group. Notwithstanding any
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1 other provision of ss. 828.22-828.26 this act, in order to
2 protect freedom of religion, ritual slaughter and the handling
3 or other preparation of livestock for ritual slaughter are
4 exempted from the terms of ss. 828.22-828.26 this act. For
5 the purposes of this action the term "ritual slaughter" means
6 slaughter in accordance with s. 828.23(3)(7)(b).
7 Section 38. Section 828.23, Florida Statutes, is
8 amended to read:
9 828.23 Definitions; ss. 828.22-828.26.--As used in ss.
10 828.22-828.26, the following words shall have the meaning
11 indicated:
12 (1) "Department" means the Department of Agriculture
13 and Consumer Services.
14 (2) "Person" means any individual, partnership,
15 corporation, or association doing business in this state, in
16 whole or in part.
17 (3) "Slaughter" means the act of killing one or more
18 livestock animals for any purpose.
19 (4)(3) "Slaughterer" means any person other than a
20 licensed veterinarian, or an employee of a humane society or
21 animal control agency, who kills regularly engaged in the
22 commercial slaughtering of livestock.
23 (5)(4) "Livestock" means cattle, calves, sheep, swine,
24 horses, mules, goats, ostriches, rheas, emus, and any other
25 domestic animal that which can or may be used in the
26 preparation of animal and for the preparation of meat or meat
27 products. For the purposes of ss. 828.22-828.26, "livestock"
28 does not include poultry and aquatic species.
29 (5) "Packer" means any person engaged in the business
30 of slaughtering, or of manufacturing or preparing meat or meat
31 products for sale, either by such person or others; or of
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1 manufacturing or preparing livestock products for sale by such
2 person or others.
3 (6) "Stockyard" means any place, establishment, or
4 facility commonly known as a stockyard, conducted or operated
5 for compensation or profit as a public market, consisting of
6 pens, or other enclosures, and their appurtenances, for the
7 handling, keeping, and holding of livestock for the purpose of
8 sale or shipment.
9 (6)(7) "Humane method" means either:
10 (a) A method whereby the animal is rapidly and
11 effectively rendered insensitive to pain by electrical or
12 chemical means or by a penetrating captive bolt or gunshot
13 with appropriate caliber and placement rendered insensible to
14 pain by mechanical, electrical, chemical, or other means that
15 are rapid and effective, before being shackled, hoisted,
16 thrown, cast, or cut; or
17 (b) A method in accordance with ritual requirements of
18 any religious faith whereby the animal suffers loss of
19 consciousness by anemia of the brain caused by the
20 simultaneous and instantaneous severance of the carotid
21 arteries with a sharp instrument.
22 Section 39. Section 828.24, Florida Statutes, is
23 amended to read:
24 828.24 Prohibited acts; exemption.--
25 (1) No person shall kill an animal in any way except
26 by an approved humane method slaughterer, packer, or stockyard
27 operator shall shackle, hoist, or otherwise bring livestock
28 into position for slaughter, by any method which shall cause
29 injury or pain.
30 (2) No person shall shackle or hoist with intent to
31 kill any animal prior to rendering the animal insensitive to
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1 pain slaughterer, packer, or stockyard operator shall bleed or
2 slaughter any livestock except by a humane method.
3 (3) Nothing in this section precludes the enforcement
4 of s. 828.12 relating to cruelty to animals This act shall not
5 apply to any person, firm or corporation slaughtering or
6 processing for sale within the state not more than 20 head of
7 cattle nor more than 35 head of hogs per week.
8 Section 40. Section 828.25, Florida Statutes, is
9 amended to read:
10 828.25 Administration; rules and regulations;
11 inspection; fees.--
12 (1) The department shall administer the provisions of
13 ss. 828.22-828.26 this act. It shall adopt promulgate and may
14 from time to time revise rules, and regulations which rules
15 must shall conform substantially to and must not be less
16 restrictive than the rules and regulations promulgated by the
17 Secretary of Agriculture of the United States pursuant to the
18 Federal Humane Slaughter Act of 1958, Pub. L. No. 85-765, 72
19 Stat. 862, and any amendments thereto; provided, however, that
20 the use of a manually operated hammer, sledge or poleax is
21 declared to be an inhumane method of slaughter within the
22 meaning of this act.
23 (2) The department may appoint any member of its staff
24 as an official inspector for the purposes of ss. 828.22-828.26
25 this act. Such inspector shall have the power to enter the
26 premises of any slaughterer for the purposes of verifying
27 compliance or noncompliance with the provisions of ss.
28 828.22-828.26 this act.
29 (3) The department has the authority to conduct
30 inspections of the premises of slaughterers at random
31 intervals. As soon as practicable after October 1, 1961, an
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1 inspection shall be made of the premises of each slaughterer.
2 Additional inspections shall be made not less frequently than
3 quarterly. No fee shall be charged for such inspection.
4 Section 41. Section 828.251, Florida Statutes, is
5 created to read:
6 828.251 Instruction.--The department, in conjunction
7 with the State University System, the American Veterinary
8 Medical Association, and humane animal groups, shall make
9 available to slaughterers the most current technical
10 information. Such information may be in video or manual
11 format, or another widely accepted media format.
12 Section 42. Section 828.252, Florida Statutes, is
13 created to read:
14 828.252 Nonambulatory animals.--This section
15 acknowledges that natural emergencies may arise and that, even
16 under recognized best-management practices, injury may occur.
17 In all cases, nonambulatory animals must be dealt with in a
18 humane manner.
19 (1) As used in this section, the term "nonambulatory
20 animal" means any livestock that is unable to stand and walk
21 unassisted.
22 (2) A person may not buy, sell, give, receive,
23 transfer, market, hold without providing proper care within 24
24 hours, or drag any nonambulatory animal unless the
25 nonambulatory animal has been humanely euthanized, except in
26 such cases where providing proper care requires that the
27 animal be moved.
28 Section 43. Section 828.26, Florida Statutes, is
29 amended to read:
30 828.26 Penalties Penalty.--
31
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1 (1) Any person who violates the provisions of ss.
2 828.22-828.26 and any rule associated with these sections
3 shall be subject to an administrative fine of up to $10,000
4 for each violation. No slaughterer found by the department in
5 accordance with the above not to be in compliance with the
6 provisions of this act shall sell any meat or meat products to
7 any public agency in the state, or to any institution
8 supported by state, county, or municipal funds. Failure to
9 comply with this provision shall be a misdemeanor of the
10 second degree, punishable as provided in s. 775.083.
11 (2) Unless otherwise provided, any person who violates
12 any provision of ss. 828.22-828.26 commits a misdemeanor of
13 the second degree, punishable as provided in s. 775.082 or s.
14 775.083. Upon failure to be in compliance with the provisions
15 of this act after a period of 1 year from the date of the
16 first inspection required under s. 828.25, the department
17 shall direct the slaughterer to cease slaughtering livestock.
18 Failure to comply with this directive shall be a misdemeanor
19 of the second degree, punishable as provided in s. 775.083,
20 and constituting a separate offense for each day of continued
21 slaughtering operations beyond the first week following
22 mailing of such directive to the slaughterer by the
23 department.
24 (3) Nothing in this section precludes the enforcement
25 of s. 828.12, relating to cruelty to animals.
26 Section 44. Subsection (10) of section 427.804,
27 Florida Statutes, is amended to read:
28 427.804 Repair of nonconforming assistive technology
29 devices; refund or replacement of devices after attempt to
30 repair; sale or lease of returned device; arbitration;
31 investigation; limitation of rights.--
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1 (10) The department shall process consumer complaints
2 pursuant to ss. 570.07 and s. 570.544.
3 Section 45. Subsection (2) of section 559.921, Florida
4 Statutes, is amended to read:
5 559.921 Remedies.--
6 (2) The department shall process consumer complaints
7 according to ss. 570.07 and s. 570.544.
8 Section 46. Effective October 1, 2001, section 604.60,
9 Florida Statutes, is created to read:
10 604.60 Damage or destruction of agricultural crops;
11 civil action.--
12 (1) Any private, public, or commercial agricultural
13 grower or producer who grows or produces any agricultural
14 product, as defined in s. 468.382(7), for personal, research,
15 or commercial purposes or for testing or research purposes in
16 a product development program conducted in conjunction or
17 coordination with a private research facility, a university,
18 or any federal, state, or local government agency who suffers
19 damages as a result of another person's willful and knowing
20 damage or destruction of any such agricultural product has a
21 cause of action for damages equal to double the amount of the
22 value of the product damaged or destroyed, including the cost
23 of any experimental product replication, and for any other
24 relief a court of competent jurisdiction deems appropriate,
25 including, but not limited to, compensatory and punitive
26 damages. In awarding damages under this section, the courts
27 shall consider the market value of the product prior to damage
28 or destruction, and production, research, testing,
29 replacement, and product development costs directly related to
30 the product that has been damaged or destroyed as part of the
31 value of the product. The prevailing party in any action
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1 brought pursuant to this section is entitled to an award of
2 reasonable attorney's fees and court costs.
3 Section 47. Effective October 1, 2001, section 810.09,
4 Florida Statutes, is amended to read:
5 810.09 Trespass on property other than structure or
6 conveyance.--
7 (1)(a) A person who, without being authorized,
8 licensed, or invited, willfully enters upon or remains in any
9 property other than a structure or conveyance:
10 1. As to which notice against entering or remaining is
11 given, either by actual communication to the offender or by
12 posting, fencing, or cultivation as described in s. 810.011;
13 or
14 2. If the property is the unenclosed curtilage of a
15 dwelling and the offender enters or remains with the intent to
16 commit an offense thereon, other than the offense of trespass,
17
18 commits the offense of trespass on property other than a
19 structure or conveyance.
20 (b) As used in this section, the term "unenclosed
21 curtilage" means the unenclosed land or grounds, and any
22 outbuildings, that are directly and intimately adjacent to and
23 connected with the dwelling and necessary, convenient, and
24 habitually used in connection with that dwelling.
25 (2)(a) Except as provided in this subsection, trespass
26 on property other than a structure or conveyance is a
27 misdemeanor of the first degree, punishable as provided in s.
28 775.082 or s. 775.083.
29 (b) If the offender defies an order to leave,
30 personally communicated to the offender by the owner of the
31 premises or by an authorized person, or if the offender
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1 willfully opens any door, fence, or gate or does any act that
2 exposes animals, crops, or other property to waste,
3 destruction, or freedom; unlawfully dumps litter on property;
4 or trespasses on property other than a structure or
5 conveyance, the offender commits a misdemeanor of the first
6 degree, punishable as provided in s. 775.082 or s. 775.083.
7 (c) If the offender is armed with a firearm or other
8 dangerous weapon during the commission of the offense of
9 trespass on property other than a structure or conveyance, he
10 or she is guilty of a felony of the third degree, punishable
11 as provided in s. 775.082, s. 775.083, or s. 775.084. Any
12 owner or person authorized by the owner may, for prosecution
13 purposes, take into custody and detain, in a reasonable
14 manner, for a reasonable length of time, any person when he or
15 she reasonably believes that a violation of this paragraph has
16 been or is being committed, and that the person to be taken
17 into custody and detained has committed or is committing such
18 violation. In the event a person is taken into custody, a law
19 enforcement officer shall be called as soon as is practicable
20 after the person has been taken into custody. The taking into
21 custody and detention in compliance with the requirements of
22 this paragraph does not result in criminal or civil liability
23 for false arrest, false imprisonment, or unlawful detention.
24 (d) The offender commits a felony of the third degree,
25 punishable as provided in s. 775.082, s. 775.083, or s.
26 775.084, if the property trespassed is a construction site
27 that is legally posted and identified in substantially the
28 following manner: "THIS AREA IS A DESIGNATED CONSTRUCTION
29 SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A
30 FELONY."
31
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1 (e) The offender commits a felony of the third degree,
2 punishable as provided in s. 775.082, s. 775.083, or s.
3 775.084, if the property trespassed upon is commercial
4 horticulture property and the property is legally posted and
5 identified in substantially the following manner: "THIS AREA
6 IS DESIGNATED COMMERCIAL PROPERTY FOR HORTICULTURE PRODUCTS,
7 AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY."
8 (f) The offender commits a felony of the third degree,
9 punishable as provided in s. 775.082, s. 775.083, or s.
10 775.084, if the property trespassed upon is an agricultural
11 site for testing or research purposes that is legally posted
12 and identified in substantially the following manner: "THIS
13 AREA IS A DESIGNATED AGRICULTURAL SITE FOR TESTING OR RESEARCH
14 PURPOSES, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A
15 FELONY."
16 (g)(f) Any person who in taking or attempting to take
17 any animal described in s. 372.001(3) or (4), or in killing,
18 attempting to kill, or endangering any animal described in s.
19 585.01(13) knowingly propels or causes to be propelled any
20 potentially lethal projectile over or across private land
21 without authorization commits trespass, a felony of the third
22 degree, punishable as provided in s. 775.082, s. 775.083, or
23 s. 775.084. For purposes of this paragraph, the term
24 "potentially lethal projectile" includes any projectile
25 launched from any firearm, bow, crossbow, or similar tensile
26 device. This section shall not apply to any governmental
27 agent or employee acting within the scope of his or her
28 official duties.
29 (3) As used in this section, the term "authorized
30 person" or "person authorized" means any owner, or his or her
31 agent, or any law enforcement officer whose department has
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1 received written authorization from the owner, or his or her
2 agent, to communicate an order to leave the property in the
3 case of a threat to public safety or welfare.
4 Section 48. Effective October 1, 2001, for the purpose
5 of incorporating the amendment to section 810.09, Florida
6 Statutes, in references thereto, paragraph (b) of subsection
7 (5) of section 260.0125, Florida Statutes, is reenacted to
8 read:
9 260.0125 Limitation on liability of private landowners
10 whose property is designated as part of the statewide system
11 of greenways and trails.--
12 (5)
13 (b) Such notices must comply with s. 810.011(5) and
14 shall constitute a warning to unauthorized persons to remain
15 off the private property and not to depart from the designated
16 greenway or trail. Any person who commits such an unauthorized
17 entry commits a trespass as provided in s. 810.09.
18 Section 49. Effective October 1, 2001, for the purpose
19 of incorporating the amendment to section 810.09, Florida
20 Statutes, in references thereto, paragraph (b) of subsection
21 (5) of section 810.011, Florida Statutes, is reenacted to
22 read:
23 810.011 Definitions.--As used in this chapter:
24 (5)
25 (b) It shall not be necessary to give notice by
26 posting on any enclosed land or place not exceeding 5 acres in
27 area on which there is a dwelling house in order to obtain the
28 benefits of ss. 810.09 and 810.12 pertaining to trespass on
29 enclosed lands.
30 Section 50. Subsections (10) and (11) of section
31 570.544, Florida Statutes, are repealed.
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1 Section 51. Section 373.621, Florida Statutes, is
2 created to read:
3 373.621 Water conservation.--The Legislature
4 recognizes the significant value of water conservation in the
5 protection and efficient use of water resources. Accordingly,
6 consideration in the administration of s. 373.223, s. 373.233
7 and s. 373.236 shall be given to applicants who implement
8 water conservation practices pursuant to s. 570.085 or other
9 applicable water conservation measures as determined by the
10 department or a water management district.
11 Section 52. Section 601.48, Florida Statutes, is
12 amended to read:
13 601.48 Grading processed citrus products.--
14 (1) All processed citrus products for which grade
15 standards may be established, if sold, shipped, or offered for
16 sale or shipment, except as provided in s. 601.50, shall be
17 inspected for grade in a registered processing plant, and
18 shall be graded according to standards established by the
19 Department of Citrus, and the grade of such processed citrus
20 products shall be designated on the immediate container
21 thereof in such manner as the Department of Citrus may by rule
22 prescribe.
23 (1)(2) If such processed citrus products meet the
24 requirements of the two highest grades as established by the
25 Department of Citrus or, at the option of the processor, the
26 two highest grades established by the United States Department
27 of Agriculture, the processor shall have the privilege, in
28 lieu of the grade declaration requirements of subsection (1),
29 of using labels, brands, or trademarks properly registered
30 with the Department of Citrus, as provided in subsection (3),
31 to represent state or U.S. grades.
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1 (2)(3) In accordance with such rules as the Department
2 of Citrus may prescribe, licensed citrus fruit dealers in this
3 state shall be entitled to register labels, brands, or
4 trademarks for grade identification purposes. The department
5 shall maintain a record of all labels, brands, and trademarks
6 registered for grade identification purposes, which record may
7 be purged as necessary.
8 (3)(4) The grade labeling requirements of this section
9 shall not apply to intrastate shipments of processed citrus
10 products between licensed citrus fruit dealers who are
11 operators of processing plants duly registered under s.
12 601.40.
13 Section 53. The Florida Department of Citrus, or its
14 successor, may collect dues, contributions, or any other
15 financial payment upon request by and on behalf of any
16 not-for-profit corporation and, its related not-for-profit
17 corporations, located in this state which receives payments or
18 dues from its members. Such not-for-profit corporation must
19 be engaged, to the exclusion of agricultural commodities other
20 than citrus, in market news and grower education solely for
21 citrus growers, and must have at least 5,000 members who are
22 engaged in growing citrus in this state for commercial sale.
23 Section 54. Paragraph (c) of subsection (1) of section
24 232.246, Florida Statutes, is amended to read:
25 232.246 General requirements for high school
26 graduation.--
27 (1) Graduation requires successful completion of
28 either a minimum of 24 academic credits in grades 9 through 12
29 or an International Baccalaureate curriculum. The 24 credits
30 shall be distributed as follows:
31
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1 (c) Three credits in science, two of which must have a
2 laboratory component. The State Board of Education may grant
3 an annual waiver of the laboratory requirement to a school
4 district that certifies that its laboratory facilities are
5 inadequate, provided the district submits a capital outlay
6 plan to provide adequate facilities and makes the funding of
7 this plan a priority of the school board. Effective July 1,
8 2001, Agriscience Foundations I, the core course in secondary
9 Agriscience and Natural Resources programs, counts as one of
10 the science credits.
11 Section 55. The following councils and authorities,
12 created pursuant to section 570.0705, Florida Statutes, and
13 chapter 90-487, Laws of Florida, are abolished:
14 (1) Agriculture and Livestock Fair Council.
15 (2) Florida City State Farmers Market Advisory
16 Committee.
17 (3) Fort Myers State Farmers Market Advisory Council.
18 (4) Fort Pierce State Farmers Market Advisory Council.
19 (5) Gadsden County State Farmers Market Advisory
20 Council.
21 (6) Immokalee State Farmers Market Advisory Council.
22 (7) Nitrate Bill Best Management Practices Advisory
23 Group.
24 (8) Palatka State Farmers Market Advisory Council.
25 (9) Plant City State Farmers Market Advisory Council.
26 (10) Pompano Beach Farmers Market Authority.
27 (11) Racing Quarter Horse Advisory Council.
28 (12) Sanford State Farmers Market Advisory Council.
29 (13) Seed Potato Advisory Council.
30 (14) Starke State Farmers Market Advisory Council.
31
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1 (15) Suwanee Valley State Farmers Market Advisory
2 Council.
3 (16) Trenton State Farmers Market Advisory Council.
4 (17) Tropical Soda Apple Task Force.
5 (18) Wauchula State Farmers Market Advisory Council.
6 Section 56. Section 570.085, Florida Statutes, is
7 created to read:
8 570.085 Department of Agriculture and Consumer
9 Services; agricultural water conservation.--The department
10 shall establish an agricultural water conservation program
11 that includes the following:
12 (1) A cost share program, coordinated where
13 appropriate with the United States Department of Agriculture
14 and other federal, state, regional, and local agencies, for
15 irrigation system retrofit and application of mobile
16 irrigation laboratory evaluations for water conservation as
17 provided in this section and, where applicable, for water
18 quality improvement pursuant to s. 403.067(7)(d).
19 (2) The development and implementation of voluntary
20 interim measures or best management practices, adopted by
21 rule, which provide for increased efficiencies in the use and
22 management of water for agricultural production. In the
23 process of developing and adopting rules for interim measures
24 or best management practices, the department shall consult
25 with the Department of Environmental Protection and the water
26 management districts. Such rules may also include a system to
27 assure the implementation of the practices, including
28 recordkeeping requirements. As new information regarding
29 efficient agricultural water use and management becomes
30 available, the department shall reevaluate and revise as
31 needed, the interim measures or best management practices.
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1 The interim measures or best management practices may include
2 irrigation retrofit, implementation of mobile irrigation
3 laboratory evaluations and recommendations, water resource
4 augmentation, and integrated water management systems for
5 drought management and flood control and should, to the
6 maximum extent practicable, be designed to qualify for
7 regulatory incentives and other incentives, as determined by
8 the agency having applicable statutory authority.
9 (3) Provision of assistance to the water management
10 districts in the development and implementation of a
11 consistent, to the extent practicable, methodology for the
12 efficient allocation of water for agricultural irrigation.
13 Section 57. Official citrus archive.--The Florida
14 Citrus Archives, dedicated to Thomas B. Mack and located at
15 Florida Southern College in Lakeland, are designated as the
16 official citrus archive of Florida.
17 Section 58. If any clause, section, or provision of
18 this act shall be declared unconstitutional or invalid for any
19 reason, it shall be eliminated from this act, and the
20 remaining portion of the act shall be in full force and effect
21 and be as valid as if such invalid portion thereof had not
22 been incorporated therein.
23 Section 59. (1) The Department of Agriculture and
24 Consumer Services shall provide compensation to eligible
25 homeowners whose citrus trees have been removed under a citrus
26 canker eradication program. Funds to pay this compensation may
27 be derived from both state and federal matching sources, and
28 shall be specifically appropriated by law. Eligible homeowners
29 shall be compensated subject to the availability of
30 appropriated funds.
31
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1 (2) To be eligible to receive compensation under the
2 program, a homeowner must:
3 (a) Be the homeowner of record on the effective date
4 of this act for residential property where one or more citrus
5 trees have been removed as part of a citrus canker eradication
6 program;
7 (b) Have had one or more citrus trees removed from the
8 property by a tree-cutting contractor as part of a citrus
9 canker eradication program on or after January 1, 1995; and
10 (c) Have received no commercial compensation and is
11 not eligible to receive commercial compensation from the
12 United States Department of Agriculture for citrus trees
13 removed as part of a citrus canker eradication program.
14 (3) The amount of compensation for each tree removed
15 from residential property by the citrus canker eradication
16 program shall be $100 per tree. If the homeowner's property is
17 eligible for a Shade Dade or a Shade Florida Card, the
18 homeowner may not receive compensation under this section for
19 the first citrus tree removed from the property as part of a
20 citrus canker eradication program.
21 (4) The specification of a per-tree amount paid for
22 the residential citrus canker compensation program does not
23 limit the amount of any other compensation that may be paid by
24 another entity or pursuant to court order for the removal of
25 citrus trees as part of a citrus canker eradication program.
26 (5) Of the funds appropriated to the department under
27 this section, the department may use up to $500,000 to
28 administer the residential citrus canker compensation program.
29 Specifically, the department shall:
30 (a) Take reasonable steps to identify and notify
31 owners of citrus trees removed as part of a citrus canker
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1 eradication program of the availability of the compensation
2 program.
3 (b) Notify homeowners of the manner in which the owner
4 may request funding.
5 (c) Develop a compensation request form and make it
6 available to eligible homeowners.
7 (d) Develop a process to resolve disputes relating to
8 compensation. The department's decision is final and is not
9 subject to chapter 120, Florida Statutes.
10 Section 60. Short title.--Sections 60 through 64 of
11 this act may be cited as the "Rural and Family Lands
12 Protection Act."
13 Section 61. Definitions.--As used in sections 62 and
14 63 of this act, the term "department" means the Department of
15 Agriculture and Consumer Services.
16 Section 62. Section 570.70, Florida Statutes, is
17 created to read:
18 570.70 Legislative findings.--The Legislature finds
19 and declares that:
20 (1) A thriving rural economy with a strong
21 agricultural base, healthy natural environment, and viable
22 rural communities is an essential part of Florida. Rural areas
23 also include the largest remaining intact ecosystems and best
24 examples of remaining wildlife habitats as well as a majority
25 of privately owned land targeted by local, state, and federal
26 agencies for natural-resource protection.
27 (2) The growth of Florida's population can result in
28 agricultural and rural lands being converted into residential
29 or commercial development.
30
31
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1 (3) The agricultural, rural, natural-resource, and
2 commodity values of rural lands are vital to the state's
3 economy, productivity, rural heritage, and quality of life.
4 (4) The Legislature further recognizes the need for
5 enhancing the ability of rural landowners to obtain economic
6 value from their property, protecting rural character,
7 controlling urban sprawl, and providing necessary open space
8 for agriculture and the natural environment, and the
9 importance of maintaining and protecting Florida's rural
10 economy through innovative planning and development strategies
11 in rural areas and the use of incentives that reward
12 landowners for good stewardship of land and natural resources.
13 (5) The purpose of this act is to bring under public
14 protection lands that serve to limit subdivision and
15 conversion of agricultural and natural areas that provide
16 economic, open space, water, and wildlife benefits by
17 acquiring land or related interests in land such as perpetual,
18 less-than-fee acquisitions, agricultural protection
19 agreements, and resource conservation agreements and
20 innovative planning and development strategies in rural areas.
21 Section 63. Section 570.71, Florida Statutes, is
22 created to read:
23 570.71 Conservation easements and agreements.--
24 (1) The department, on behalf of the Board of Trustees
25 of the Internal Improvement Trust Fund, may allocate moneys to
26 acquire perpetual, less-than-fee interest in land, to enter
27 into agricultural protection agreements, and to enter into
28 resource conservation agreements for the following public
29 purposes:
30 (a) Promotion and improvement of wildlife habitat;
31
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1 (b) Protection and enhancement of water bodies,
2 aquifer recharge areas, wetlands, and watersheds;
3 (c) Perpetuation of open space on lands with
4 significant natural areas; or
5 (d) Protection of agricultural lands threatened by
6 conversion to other uses.
7 (2) To achieve the purposes of this act, beginning no
8 sooner than July 1, 2002, and every year thereafter, the
9 department may accept applications for project proposals that:
10 (a) Purchase conservation easements, as defined in s.
11 704.06.
12 (b) Purchase rural-lands-protection easements pursuant
13 to this act.
14 (c) Fund resource conservation agreements pursuant to
15 this act.
16 (d) Fund agricultural protection agreements pursuant
17 to this act.
18
19 No funds may be expended to implement this subsection prior to
20 July 1, 2002.
21 (3) Rural-lands-protection easements shall be a
22 perpetual right or interest in agricultural land which is
23 appropriate to retain such land in predominantly its current
24 state and to prevent the subdivision and conversion of such
25 land into other uses. This right or interest in property shall
26 prohibit only the following:
27 (a) Construction or placing of buildings, roads,
28 billboards or other advertising, utilities, or structures,
29 except those structures and unpaved roads necessary for the
30 agricultural operations on the land or structures necessary
31
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1 for other activities allowed under the easement, and except
2 for linear facilities described in s. 704.06(11);
3 (b) Subdivision of the property;
4 (c) Dumping or placing of trash, waste, or offensive
5 materials; and
6 (d) Activities that affect the natural hydrology of
7 the land or that detrimentally affect water conservation,
8 erosion control, soil conservation, or fish or wildlife
9 habitat, except those required for environmental restoration;
10 federal, state, or local government regulatory programs; or
11 best management practices.
12 (4) Resource conservation agreements will be contracts
13 for services which provide annual payments to landowners for
14 services that actively improve habitat and water restoration
15 or conservation on their lands over and above that which is
16 already required by law or which provide recreational
17 opportunities. They will be for a term of not less than 5
18 years and not more than 10 years. Property owners will become
19 eligible to enter into a resource conservation agreement only
20 upon entering into a conservation easement or rural lands
21 protection easement.
22 (5) Agricultural protection agreements shall be for
23 terms of 30 years and will provide payments to landowners
24 having significant natural areas on their land. Public access
25 and public recreational opportunities may be negotiated at the
26 request of the landowner.
27 (a) For the length of the agreement, the landowner
28 shall agree to prohibit:
29 1. Construction or placing of buildings, roads,
30 billboards or other advertising, utilities, or structures,
31 except those structures and unpaved roads necessary for the
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1 agricultural operations on the land or structures necessary
2 for other activities allowed under the easement, and except
3 for linear facilities described in s. 704.06(11);
4 2. Subdivision of the property;
5 3. Dumping or placing of trash, waste, or offensive
6 materials; and
7 4. Activities that affect the natural hydrology of the
8 land, or that detrimentally affect water conservation, erosion
9 control, soil conservation, or fish or wildlife habitat.
10 (b) As part of the agricultural protection agreement,
11 the parties shall agree that the state shall have a right to
12 buy a conservation easement or rural land protection easement
13 at the end of the 30-year term or prior to the landowner
14 transferring or selling the property, whichever occurs later.
15 If the landowner tenders the easement for the purchase and the
16 state does not timely exercise its right to buy the easement,
17 the landowner shall be released from the agricultural
18 agreement. The purchase price of the easement shall be
19 established in the agreement and shall be based on the value
20 of the easement at the time the agreement is entered into,
21 plus a reasonable escalator multiplied by the number of full
22 calendar years following the date of the commencement of the
23 agreement. The landowner may transfer or sell the property
24 before the expiration of the 30-year term, but only if the
25 property is sold subject to the agreement and the buyer
26 becomes the successor in interest to the agricultural
27 protection agreement. Upon mutual consent of the parties, a
28 landowner may enter into a perpetual easement at any time
29 during the term of an agricultural protection agreement.
30
31
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1 (6) Payment for conservation easements and rural land
2 protection easements shall be a lump-sum payment at the time
3 the easement is entered into.
4 (7) Landowners entering into an agricultural
5 protection agreement may receive up to 50 percent of the
6 purchase price at the time the agreement is entered into and
7 remaining payments on the balance shall be equal annual
8 payments over the term of the agreement.
9 (8) Payments for the resource conservation agreements
10 shall be equal annual payments over the term of the agreement.
11 (9) Easements purchased pursuant to this act may not
12 prevent landowners from transferring the remaining fee value
13 with the easement.
14 (10) The department, in consultation with the
15 Department of Environmental Protection, the water management
16 districts, the Department of Community Affairs, and the
17 Florida Fish and Wildlife Conservation Commission, shall adopt
18 rules that establish an application process, a process and
19 criteria for setting priorities for use of funds consistent
20 with the purposes specified in s. 570.71(1) and giving
21 preference to ranch and timber lands managed using sustainable
22 practices, an appraisal process, and a process for title
23 review and compliance and approval of the rules by the Board
24 of Trustees of the Internal Improvement Trust Fund.
25 (11) If a landowner objects to having his property
26 included in any lists or maps developed to implement this act,
27 the department shall remove the property from any such lists
28 or maps upon receipt of the landowner's written request to do
29 so.
30 (12) The department is authorized to use funds from
31 the following sources to implement this act:
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1 (a) State funds;
2 (b) Federal funds;
3 (c) Other governmental entities;
4 (d) Nongovernmental organizations; or
5 (e) Private individuals.
6
7 Any such funds provided shall be deposited into the
8 Conservation and Recreation Lands Program Trust Fund within
9 the Department of Agriculture and Consumer Services and used
10 for the purposes of this act.
11 (13) No more than ten percent of any funds made
12 available to implement this act shall be expended for resource
13 conservation agreements and agricultural protection
14 agreements.
15 (14) The department, in consultation with the
16 Department of Environmental Protection, the Fish and Wildlife
17 Conservation Commission, and the water management districts
18 shall conduct a study to determine and prioritize needs for
19 implementing the act.
20 (a) The department may contract with the Florida
21 Natural Areas Inventory for an analysis of the geographic
22 distribution of certain types of natural resources, or
23 resource-based land uses that have been identified for
24 acquisition by previous conservation and recreation land
25 acquisition programs.
26 (b) The needs assessment shall locate areas of the
27 state where existing privately-owned ranch and timber lands
28 containing resources of the type identified in (a) can be
29 preserved or protected through implementation of the Rural and
30 Family Lands Protection Act.
31
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1 (c) The department shall report its findings to the
2 Governor, President of the Senate, and Speaker of the House of
3 Representatives by December 31, 2001. At a minimum, the report
4 must include a prioritization of the types of resources to be
5 preserved or protected, the location of privately-owned ranch
6 and timber lands containing such resources that could be
7 preserved or protected by easements or agreements pursuant to
8 this act, and the funding needs for the program.
9 Section 64. Subsection (11) of section 163.3177,
10 Florida Statutes, is amended to read:
11 163.3177 Required and optional elements of
12 comprehensive plan; studies and surveys.--
13 (11)(a) The Legislature recognizes the need for
14 innovative planning and development strategies which will
15 address the anticipated demands of continued urbanization of
16 Florida's coastal and other environmentally sensitive areas,
17 and which will accommodate the development of less populated
18 regions of the state which seek economic development and which
19 have suitable land and water resources to accommodate growth
20 in an environmentally acceptable manner. The Legislature
21 further recognizes the substantial advantages of innovative
22 approaches to development which may better serve to protect
23 environmentally sensitive areas, maintain the economic
24 viability of agricultural and other predominantly rural land
25 uses, and provide for the cost-efficient delivery of public
26 facilities and services.
27 (b) It is the intent of the Legislature that the local
28 government comprehensive plans and plan amendments adopted
29 pursuant to the provisions of this part provide for a planning
30 process which allows for land use efficiencies within existing
31 urban areas and which also allows for the conversion of rural
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1 lands to other uses, where appropriate and consistent with the
2 other provisions of this part and the affected local
3 comprehensive plans, through the application of innovative and
4 flexible planning and development strategies and creative land
5 use planning techniques, which may include, but not be limited
6 to, urban villages, new towns, satellite communities,
7 area-based allocations, clustering and open space provisions,
8 mixed-use development, and sector planning.
9 (c) It is the further intent of the Legislature that
10 local government comprehensive plans and implementing land
11 development regulations shall provide strategies which
12 maximize the use of existing facilities and services through
13 redevelopment, urban infill development, and other strategies
14 for urban revitalization.
15 (d)1. The department, in cooperation with the
16 Department of Agriculture and Consumer Services, shall provide
17 assistance to local governments in the implementation of this
18 paragraph and s. 9J-5.006(5)(l), Florida Administrative Code.
19 Implementation of those provisions shall include a process by
20 which the department may authorize up to five local
21 governments to designate all or portions of lands classified
22 in the future land use element as predominantly agricultural,
23 rural, open, open-rural, or a substantively equivalent land
24 use, as a rural land stewardship area within which planning
25 and economic incentives are applied to encourage the
26 implementation of innovative and flexible planning and
27 development strategies and creative land use planning
28 techniques, including those contained in Rule 9J-5.006(5)(l),
29 Florida Administrative Code.
30 2. The department shall encourage participation by
31 local governments of different sizes and rural
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1 characteristics. It is the intent of the Legislature that
2 rural land stewardship areas be used to further the following
3 broad principles of rural sustainability: restoration and
4 maintenance of the economic value of rural land; control of
5 urban sprawl; identification and protection of ecosystems,
6 habitats, and natural resources; promotion of rural economic
7 activity; maintenance of the viability of Florida's
8 agricultural economy; and protection of the character of rural
9 areas of Florida.
10 3. A local government may apply to the department in
11 writing requesting consideration for authorization to
12 designate a rural land stewardship area and shall describe its
13 reasons for applying for the authorization with supporting
14 documentation regarding its compliance with criteria set forth
15 in this section.
16 4. In selecting a local government, the department
17 shall, by written agreement:
18 a. Ensure that the local government has expressed its
19 intent to designate a rural land stewardship area pursuant to
20 the provisions of this subsection and clarify that the rural
21 land stewardship area is intended.
22 b. Ensure that the local government has the financial
23 and administrative capabilities to implement a rural land
24 stewardship area.
25 5. The written agreement shall include the basis for
26 the authorization and provide criteria for evaluating the
27 success of the authorization including the extent the rural
28 land stewardship area enhances rural land values; control
29 urban sprawl; provides necessary open space for agriculture
30 and protection of the natural environment; promotes rural
31 economic activity; and maintains rural character and the
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1 economic viability of agriculture. The department may
2 terminate the agreement at any time if it determines that the
3 local government is not meeting the terms of the agreement.
4 6. A rural land stewardship area shall be not less
5 than 50,000 acres and shall not exceed 250,000 acres in size,
6 shall be located outside of municipalities and established
7 urban growth boundaries, and shall be designated by plan
8 amendment. The plan amendment designating a rural land
9 stewardship area shall be subject to review by the Department
10 of Community Affairs pursuant to s. 163.3184, F.S., and shall
11 provide for the following:
12 a. Criteria for the designation of receiving areas
13 within rural land stewardship areas in which innovative
14 planning and development strategies may be applied. Criteria
15 shall at a minimum provide for the following: adequacy of
16 suitable land to accommodate development so as to avoid
17 conflict with environmentally sensitive areas, resources, and
18 habitats; compatibility between and transition from higher
19 density uses to lower intensity rural uses; the establishment
20 of receiving area service boundaries which provide for a
21 separation between receiving areas and other land uses within
22 the rural land stewardship area through limitations on the
23 extension of services; and connection of receiving areas with
24 the rest of the rural land stewardship area using rural design
25 and rural road corridors.
26 b. Goals, objectives, and policies setting forth the
27 innovative planning and development strategies to be applied
28 within rural land stewardship areas pursuant to the provisions
29 of this section.
30 c. A process for the implementation of innovative
31 planning and development strategies within the rural land
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1 stewardship area, including those described in this subsection
2 and s. 9J-5.006(5)(l), Florida Administrative Code, which
3 provide for a functional mix of land uses and which are
4 applied through the adoption by the local government of zoning
5 and land development regulations applicable to the rural land
6 stewardship area.
7 d. A process which encourages visioning pursuant to s.
8 163.3167(11) to ensure that innovative planning and
9 development strategies comply with the provisions of this
10 section.
11 e. The control of sprawl through the use of innovative
12 strategies and creative land use techniques consistent with
13 the provisions of this subsection and rural 9J-5.006(5)(l),
14 Florida Administrative Code.
15 7. A receiving area shall be designated by the
16 adoption of a land development regulation. Prior to the
17 designation of a receiving area, the local government shall
18 provide the Department of Community Affairs a period of 30
19 days in which to review a proposed receiving area for
20 consistency with the rural land stewardship area plan
21 amendment and to provide comments to the local government.
22 8. Upon the adoption of a plan amendment creating a
23 rural land stewardship area, the local government shall, by
24 ordinance, assign to the area a certain number of credits, to
25 be known as "transferable rural land use credits," which shall
26 not constitute a right to develop land, nor increase density
27 of land, except as provided by this section. The total amount
28 of transferrable rural land use credits assigned to the rural
29 land stewardship area must correspond to the 25-year or
30 greater projected population of the rural land stewardship
31
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1 area. Transferable rural land use credits are subject to the
2 following limitations:
3 a. Transferable rural land use credits may only exist
4 within a rural land stewardship area.
5 b. Transferable rural land use credits may only be
6 used on lands designated as receiving areas and then solely
7 for the purpose of implementing innovative planning and
8 development strategies and creative land use planning
9 techniques adopted by the local government pursuant to this
10 section.
11 c. Transferable rural land use credits assigned to a
12 parcel of land within a rural land stewardship area shall
13 cease to exist if the parcel of land is removed from the rural
14 land stewardship area by plan amendment.
15 d. Neither the creation of the rural land stewardship
16 area by plan amendment nor the assignment of transferable
17 rural land use credits by the local government shall operate
18 to displace the underlying density of land uses assigned to a
19 parcel of land within the rural land stewardship area;
20 however, if transferable rural land use credits are
21 transferred from a parcel for use within a designated
22 receiving area, the underlying density assigned to the parcel
23 of land shall cease to exist.
24 e. The underlying density on each parcel of land
25 located within a rural land stewardship area shall not be
26 increased or decreased by the local government, except as a
27 result of the conveyance or use of transferable rural land use
28 credits, as long as the parcel remains within the rural land
29 stewardship area.
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1 f. Transferable rural land use credits shall cease to
2 exist on a parcel of land where the underlying density
3 assigned to the parcel of land is utilized.
4 g. An increase in the density of use on a parcel of
5 land located within a designated receiving area may occur only
6 through the assignment or use of transferable rural land use
7 credits and shall not require a plan amendment.
8 h. A change in the density of land use on parcels
9 located within receiving areas shall be specified in a
10 development order which reflects the total number of
11 transferable rural land use credits assigned to the parcel of
12 land and the infrastructure and support services necessary to
13 provide for a functional mix of land uses corresponding to the
14 plan of development.
15 i. Land within a rural land stewardship area may be
16 removed from the rural land stewardship area through a plan
17 amendment.
18 j. Transferable rural land use credits may be assigned
19 at different ratios of credits per acre according to the land
20 use remaining following the transfer of credits, with the
21 highest number of credits per acre assigned to preserve
22 environmentally valuable land and a lesser number of credits
23 to be assigned to open space and agricultural land.
24 k. The use or conveyance of transferable rural land
25 use credits must be recorded in the public records of the
26 county in which the property is located as a covenant or
27 restrictive easement running with the land in favor of the
28 county and either the Department of Environmental Protection,
29 Department of Agriculture and Consumer Services, a water
30 management district, or a recognized statewide land trust.
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1 9. Owners of land within rural land stewardship areas
2 should be provided incentives to enter into rural land
3 stewardship agreements, pursuant to existing law and rules
4 adopted thereto, with state agencies, water management
5 districts, and local governments to achieve mutually agreed
6 upon conservation objectives. Such incentives may include,
7 but not be limited to, the following:
8 a. Opportunity to accumulate transferable mitigation
9 credits.
10 b. Extended permit agreements.
11 c. Opportunities for recreational leases and
12 ecotourism.
13 d. Payment for specified land management services on
14 publicly owned land, or property under covenant or restricted
15 easement in favor of a public entity.
16 e. Option agreements for sale to government, in either
17 fee or easement, upon achievement of conservation objectives.
18 10. The department shall report to the Legislature on
19 an annual basis on the results of implementation of rural land
20 stewardship areas authorized by the department, including
21 successes and failures in achieving the intent of the
22 Legislature as expressed in this paragraph. It is further the
23 intent of the Legislature that the success of authorized rural
24 land stewardship areas be substantiated before implemention
25 occurs on a statewide basis.
26 (e)(d) The implementation of this subsection shall be
27 subject to the provisions of this chapter, chapters 186 and
28 187, and applicable agency rules.
29 (f)(e) The department may adopt rules necessary to
30 shall implement the provisions of this subsection by rule.
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1 Section 65. Except as otherwise provided in this act,
2 this act shall take effect July 1, 2001.
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