House Bill hb1681e1

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                                       CS/HB 1681, First Engrossed



  1                      A bill to be entitled

  2         An act relating to agriculture and consumer

  3         services; amending s. 163.01, F.S.; revising

  4         language with respect to the Florida Interlocal

  5         Cooperation Act of 1969; creating s. 288.1175,

  6         F.S.; providing that the Department of

  7         Agriculture and Consumer Services shall be the

  8         state agency for screening applicants for state

  9         funding and certifying applicants as

10         agriculture education and promotion facilities;

11         providing for rules; providing definitions;

12         providing criteria for applicants; providing

13         for evaluation by the department; providing

14         criteria; prohibiting the expenditure of funds

15         to develop or subsidize privately owned

16         facilities; providing an exception; amending s.

17         316.515, F.S.; revising equipment authorized

18         for transporting farm products; allowing the

19         Department of Transportation to issue certain

20         permits; amending s. 316.520, F.S.; clarifying

21         that violation of a provision governing loads

22         on vehicles is a moving rather than nonmoving

23         violation; exempting certain vehicles carrying

24         agricultural products; amending s. 370.31,

25         F.S.; transferring the Sturgeon Production

26         Working Group from the Department of

27         Environmental Protection to the Department of

28         Agriculture and Consumer Services; revising

29         membership and procedures; amending s. 388.261,

30         F.S.; revising provisions relating to state aid

31         to counties and districts for arthropod


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                                       CS/HB 1681, First Engrossed



  1         control; prorating county funds under certain

  2         circumstances; providing an exemption from

  3         funding requirements under certain

  4         circumstances; authorizing the use of state

  5         funds when requested by a county or district;

  6         authorizing funds for technical assistance or

  7         to purchase equipment, supplies, or services;

  8         amending s. 388.281, F.S.; revising uses for

  9         state matching funds; amending s. 388.361,

10         F.S.; authorizing the Department of Agriculture

11         and Consumer Services to cooperate with local

12         agencies; authorizing collection, detection,

13         suppression, and control of mosquitoes and

14         arthropods on public or private land; amending

15         s. 388.45, F.S.; clarifying provisions relating

16         to threats to public health and the issuance of

17         declarations; authorizing declaration of a

18         threat to animal health when certain conditions

19         exist; authorizing treatment or control

20         measures; amending s. 403.067, F.S.;

21         authorizing implementation of interim measures

22         for specified water bodies for which total

23         maximum daily load or allocation has not been

24         established; amending s. 403.709, F.S.;

25         deleting the minimum county allocation to local

26         mosquito control agencies from waste tire fees;

27         amending s. 482.2401, F.S.; adding education in

28         pest control as an approved use of

29         administrative fine revenues; creating s.

30         482.243, F.S.; creating the Pest Control

31         Enforcement Advisory Council in the department;


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                                       CS/HB 1681, First Engrossed



  1         providing for membership, terms, and

  2         procedures; providing powers and duties;

  3         amending s. 496.404, F.S.; redefining the term

  4         "educational institutions" for purposes of the

  5         Solicitation of Contributions Act; amending s.

  6         500.121, F.S.; providing sanctions for nutrient

  7         labeling violations; amending s. 501.160, F.S.;

  8         providing for enforcement for violation of

  9         provisions relating to rental or sale of

10         essential commodities during a declared state

11         of emergency; amending s. 570.07, F.S.;

12         authorizing the department to provide meals

13         when personnel cannot leave emergency incident

14         locations; amending s. 570.073, F.S.; revising

15         the powers and duties of the Office of

16         Agricultural Law Enforcement; amending s.

17         316.640, F.S.; revising the duties of the

18         Office of Agricultural Law Enforcement;

19         amending s. 570.71, F.S.; revising provisions

20         relating to conservation easements and rural

21         land protection easements; amending s. 573.124,

22         F.S.; increasing penalties for furnishing false

23         information, or refusing to furnish

24         information, relating to the marketing of

25         agricultural commodities; amending s. 581.091,

26         F.S.; requiring water management districts and

27         local governments to refer to the department's

28         current list of noxious weeds and invasive

29         plants when developing their own lists;

30         amending s. 585.08, F.S.; authorizing the

31         Division of Animal Industry, under certain


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                                       CS/HB 1681, First Engrossed



  1         circumstances, to condemn and destroy an animal

  2         that is liable to spread contagious,

  3         infectious, or communicable disease; amending

  4         s. 585.09, F.S.; correcting a cross reference;

  5         repealing s. 585.10, F.S., relating to

  6         limitations on payments to owners of condemned

  7         and destroyed animals; amending s. 585.11,

  8         F.S.; authorizing the department to cooperate

  9         with United States Department of Agriculture

10         accredited private veterinarians; amending s.

11         585.21, F.S.; requiring written permission of

12         the department prior to sale in the state of

13         certain biological products; amending s.

14         585.61, F.S.; increasing fees for use of animal

15         disease diagnostic laboratories; amending s.

16         590.02, F.S., relating to duties of the

17         Division of Forestry of the Department of

18         Agriculture and Consumer Services; providing

19         that certain managerial positions are included

20         in the Selected Exempt Service; requiring

21         compliance with the applicable state Wildfire

22         Aviation Plan; designating the Cross City work

23         Center as the L. Earl Peterson Forestry

24         Station; amending s. 590.11, F.S., relating to

25         recreational fires; providing a penalty for

26         violation; amending s. 590.125, F.S.; revising

27         requirements for certified prescribed burns;

28         renaming procedures for protecting wild lands

29         from wildfires; amending s. 590.14, F.S.;

30         revising criteria for determining

31         administrative fines for violation of


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                                       CS/HB 1681, First Engrossed



  1         provisions relating to forestry; amending s.

  2         597.020, F.S.; requiring aquaculture licenses

  3         and certifications to expire annually; creating

  4         s. 604.40, F.S.; providing regulations

  5         regarding equipment used on a farm; amending s.

  6         604.50; F.S.; clarifying the definition of a

  7         nonresidential farm building; amending s.

  8         616.242, F.S.; providing that certain kiddie

  9         rides shall be exempt from the requirement for

10         receipt of an inspection certificate each time

11         the ride is set up; revising accident reporting

12         requirements; designating the USDA Service

13         Center Building in Bartow, Florida, as the John

14         W. Hunt Building; providing an effective date.

15

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

17

18         Section 1.  Paragraph (g) of subsection (7) of section

19  163.01, Florida Statutes, is amended to read:

20         163.01  Florida Interlocal Cooperation Act of 1969.--

21         (7)

22         (g)1.  Notwithstanding any other provisions of this

23  section, any separate legal entity created under this section,

24  the membership of which is limited to municipalities and

25  counties of the state, may acquire, own, construct, improve,

26  operate, and manage public facilities , or finance facilities

27  on behalf of any person, relating to a governmental function

28  or purpose, including, but not limited to, wastewater

29  facilities, water or alternative water supply facilities, and

30  water reuse facilities, which may serve populations within or

31  outside of the members of the entity. Notwithstanding s.


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                                       CS/HB 1681, First Engrossed



  1  367.171(7), any separate legal entity created under this

  2  paragraph is not subject to commission jurisdiction and may

  3  not provide utility services within the service area of an

  4  existing utility system unless it has received the consent of

  5  the utility. The entity may finance or refinance the

  6  acquisition, construction, expansion, and improvement of such

  7  facilities relating to a governmental function or purpose the

  8  public facility through the issuance of its bonds, notes, or

  9  other obligations under this section or as otherwise

10  authorized by law. The entity has all the powers provided by

11  the interlocal agreement under which it is created or which

12  are necessary to finance, own, operate, or manage the public

13  facility, including, without limitation, the power to

14  establish rates, charges, and fees for products or services

15  provided by it, the power to levy special assessments, the

16  power to sell or finance all or a portion of such its

17  facility, and the power to contract with a public or private

18  entity to manage and operate such its facilities or to provide

19  or receive facilities, services, or products. Except as may be

20  limited by the interlocal agreement under which the entity is

21  created, all of the privileges, benefits, powers, and terms of

22  s. 125.01, relating to counties, and s. 166.021, relating to

23  municipalities, are fully applicable to the entity. However,

24  neither the entity nor any of its members on behalf of the

25  entity may exercise the power of eminent domain over the

26  facilities or property of any existing water or wastewater

27  plant utility system, nor may the entity acquire title to any

28  water or wastewater plant utility facilities, other

29  facilities, or property which was acquired by the use of

30  eminent domain after the effective date of this act. Bonds,

31  notes, and other obligations issued by the entity are issued


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                                       CS/HB 1681, First Engrossed



  1  on behalf of the public agencies that are members of the

  2  entity.

  3         2.  Any entity created under this section may also

  4  issue bond anticipation notes in connection with the

  5  authorization, issuance, and sale of bonds. The bonds may be

  6  issued as serial bonds or as term bonds or both. Any entity

  7  may issue capital appreciation bonds or variable rate bonds.

  8  Any bonds, notes, or other obligations must be authorized by

  9  resolution of the governing body of the entity and bear the

10  date or dates; mature at the time or times, not exceeding 40

11  years from their respective dates; bear interest at the rate

12  or rates; be payable at the time or times; be in the

13  denomination; be in the form; carry the registration

14  privileges; be executed in the manner; be payable from the

15  sources and in the medium or payment and at the place; and be

16  subject to the terms of redemption, including redemption prior

17  to maturity, as the resolution may provide. If any officer

18  whose signature, or a facsimile of whose signature, appears on

19  any bonds, notes, or other obligations ceases to be an officer

20  before the delivery of the bonds, notes, or other obligations,

21  the signature or facsimile is valid and sufficient for all

22  purposes as if he or she had remained in office until the

23  delivery. The bonds, notes, or other obligations may be sold

24  at public or private sale for such price as the governing body

25  of the entity shall determine. Pending preparation of the

26  definitive bonds, the entity may issue interim certificates,

27  which shall be exchanged for the definitive bonds. The bonds

28  may be secured by a form of credit enhancement, if any, as the

29  entity deems appropriate. The bonds may be secured by an

30  indenture of trust or trust agreement. In addition, the

31  governing body of the legal entity may delegate, to an


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                                       CS/HB 1681, First Engrossed



  1  officer, official, or agent of the legal entity as the

  2  governing body of the legal entity may select, the power to

  3  determine the time; manner of sale, public or private;

  4  maturities; rate of interest, which may be fixed or may vary

  5  at the time and in accordance with a specified formula or

  6  method of determination; and other terms and conditions as may

  7  be deemed appropriate by the officer, official, or agent so

  8  designated by the governing body of the legal entity. However,

  9  the amount and maturity of the bonds, notes, or other

10  obligations and the interest rate of the bonds, notes, or

11  other obligations must be within the limits prescribed by the

12  governing body of the legal entity and its resolution

13  delegating to an officer, official, or agent the power to

14  authorize the issuance and sale of the bonds, notes, or other

15  obligations.

16         3.  Bonds, notes, or other obligations issued under

17  subparagraph 1. may be validated as provided in chapter 75.

18  The complaint in any action to validate the bonds, notes, or

19  other obligations must be filed only in the Circuit Court for

20  Leon County. The notice required to be published by s. 75.06

21  must be published in Leon County and in each county that is a

22  member of the entity issuing the bonds, notes, or other

23  obligations, or in which a member of the entity is located,

24  and the complaint and order of the circuit court must be

25  served only on the State Attorney of the Second Judicial

26  Circuit and on the state attorney of each circuit in each

27  county that is a member of the entity issuing the bonds,

28  notes, or other obligations or in which a member of the entity

29  is located. Section 75.04(2) does not apply to a complaint for

30  validation brought by the legal entity. The bonds of an entity

31  created pursuant to this section subsequent to the effective


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                                       CS/HB 1681, First Engrossed



  1  date of this provision shall also be validated, as provided in

  2  chapter 75, in the circuit court in each county in which a

  3  facility financed by such bonds may be located.

  4         4.  The accomplishment of the authorized purposes of a

  5  legal entity created under this paragraph is in all respects

  6  for the benefit of the people of the state, for the increase

  7  of their commerce and prosperity, and for the improvement of

  8  their health and living conditions. Since the legal entity

  9  will perform essential governmental functions in accomplishing

10  its purposes, the legal entity is not required to pay any

11  taxes or assessments of any kind whatsoever upon any property

12  acquired or used by it for such purposes or upon any revenues

13  at any time received by it. The bonds, notes, and other

14  obligations of an entity, their transfer and the income

15  therefrom, including any profits made on the sale thereof, are

16  at all times free from taxation of any kind by the state or by

17  any political subdivision or other agency or instrumentality

18  thereof. The exemption granted in this subparagraph is not

19  applicable to any tax imposed by chapter 220 on interest,

20  income, or profits on debt obligations owned by corporations.

21         Section 2.  Section 288.1175, Florida Statutes, is

22  created to read:

23         288.1175  Agriculture education and promotion

24  facility.--

25         (1)  The Department of Agriculture and Consumer

26  Services shall serve as the state agency for screening

27  applicants for state funding pursuant to this section and for

28  certifying an applicant as a qualified agriculture education

29  and promotion facility as defined in subsection (3).

30

31


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                                       CS/HB 1681, First Engrossed



  1         (2)  The department shall develop rules pursuant to ss.

  2  120.536(1) and 120.54 for the receipt and processing of

  3  applications for funding of projects pursuant to this section.

  4         (3)  As used in this section, the term "agriculture

  5  education and promotion facility" means an exhibition hall,

  6  arena, civic center, exposition center, or other capital

  7  project or facility that can be used for exhibitions,

  8  demonstrations, trade shows, classrooms, civic events, and

  9  other purposes that promote agriculture, horticulture,

10  livestock, equestrian, and other resources of the state and

11  educate the residents as to these resources.

12         (4)  The department shall certify a facility as an

13  agriculture education and promotion facility if the department

14  determines that:

15         (a)  The applicant is a unit of local government as

16  defined in s. 218.369, or a fair association as defined in s.

17  616.001(9), that is responsible for the planning, design,

18  permitting, construction, renovation, management, and

19  operation of the agriculture education and promotion facility

20  or holds title to the property on which such facility is to be

21  developed and located.

22         (b)  The applicant has projections, verified by the

23  department, that demonstrate that the agriculture education

24  and promotion facility will serve more than 25,000 visitors

25  annually.

26         (c)  The municipality in which the facility is located,

27  or the county if the facility is located in an unincorporated

28  area, has certified by resolution after a public hearing that

29  the proposed agriculture education and promotion facility

30  serves a public purpose.

31


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                                       CS/HB 1681, First Engrossed



  1         (d)  The applicant has demonstrated that it has

  2  provided, is capable of providing, or has financial or other

  3  commitments to provide more than 40 percent of the costs

  4  incurred or related to the planning, design, permitting,

  5  construction, or renovation of the facility. The applicant may

  6  include the value of the land and any improvements thereon in

  7  determining its contribution to the development of the

  8  facility.

  9         (5)  The department shall competitively evaluate

10  applications for funding of an agriculture education and

11  promotion facility. If the number of applicants exceeds three,

12  the department shall rank the applications based upon criteria

13  developed by the department, with priority given in descending

14  order to the following items:

15         (a)  The intended use of the funds by the applicant,

16  with priority given to the construction of a new facility.

17         (b)  The amount of local match, with priority given to

18  the largest percentage of local match proposed.

19         (c)  The location of the facility in a brownfield site

20  as defined in s. 376.79(3), a rural enterprise zone as defined

21  in s. 290.004(8), an agriculturally depressed area as defined

22  in s. 570.242(1), a redevelopment area established pursuant to

23  s. 373.461(5)(g), or a county that has lost agricultural land

24  to environmental restoration projects.

25         (d)  The net increase, as a result of the facility, of

26  total available exhibition, arena, or civic center space

27  within the jurisdictional limits of the local government in

28  which the facility is to be located, with priority given to

29  the largest percentage increase of total exhibition, arena, or

30  civic center space.

31


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                                       CS/HB 1681, First Engrossed



  1         (e)  The historic record of the applicant in promoting

  2  agriculture and educating the public about agriculture,

  3  including, without limitation, awards, premiums, scholarships,

  4  auctions, and other such activities.

  5         (f)  The highest projection on paid attendance

  6  attracted by the agriculture education and promotion facility

  7  and the proposed economic impact on the local community.

  8         (g)  The location of the facility with respect to an

  9  Institute of Food and Agricultural Sciences (IFAS) facility,

10  with priority given to facilities closer in proximity to an

11  IFAS facility.

12         (6)  Funds may not be expended to develop or subsidize

13  privately owned facilities, except for facilities owned by

14  fair associations as defined in s. 616.001(9).

15         (7)  An applicant may use funds provided pursuant to

16  this section only for the public purpose of paying for the

17  planning, design, permitting, construction, or renovation of

18  an agriculture education and promotion facility or to pay or

19  pledge for the payment of debt service on, or to fund debt

20  service reserve funds, arbitrage rebate obligations, or other

21  amounts payable with respect to, bonds issued for the

22  planning, design, permitting, construction, or renovation of

23  such facility or for the reimbursement of such costs or the

24  refinancing of bonds issued for such purposes.

25         (8)  Applications must be submitted by October 1 of

26  each year. The department may not recommend funding for less

27  than the requested amount to any applicant certified as an

28  agriculture education and promotion facility; however, funding

29  of certified applicants shall be subject to the amount

30  provided by the Legislature in the General Appropriations Act

31  for this program.


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                                       CS/HB 1681, First Engrossed



  1         Section 3.  Subsection (5) of section 316.515, Florida

  2  Statutes, is amended to read:

  3         316.515  Maximum width, height, length.--

  4         (5)  IMPLEMENTS OF HUSBANDRY, AGRICULTURAL TRAILERS,

  5  SAFETY REQUIREMENTS.--Notwithstanding any other provisions of

  6  law, straight trucks and cotton module movers, not exceeding

  7  50 feet in length, or any combination of up to and including

  8  three implements of husbandry including the towing power unit,

  9  and any single agricultural trailer, with a load thereon not

10  exceeding 130 inches in width, is authorized for the purpose

11  of transporting peanuts, grains, soybeans, cotton, hay, straw,

12  or other perishable farm products from their point of

13  production to the first point of change of custody or of

14  long-term storage, and for the purpose of returning to such

15  point of production, by a person engaged in the production of

16  any such product or custom hauler, if such vehicle or

17  combination of vehicles otherwise complies with this section.

18  Such vehicles shall be operated in accordance with all safety

19  requirements prescribed by law and Department of

20  Transportation rules. The Department of Transportation may

21  issue overlength permits for cotton module movers greater than

22  50 feet but not more than 55 feet in overall length.

23         Section 4.  Section 316.520, Florida Statutes, is

24  amended to read:

25         316.520  Loads on vehicles.--

26         (1)  A vehicle may not be driven or moved on any

27  highway unless the vehicle is so constructed or loaded as to

28  prevent any of its load from dropping, shifting, leaking,

29  blowing, or otherwise escaping therefrom, except that sand may

30  be dropped only for the purpose of securing traction or water

31


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                                       CS/HB 1681, First Engrossed



  1  or other substance may be sprinkled on a roadway in cleaning

  2  or maintaining the roadway.

  3         (2)  It is the duty of every owner and driver,

  4  severally, of any vehicle hauling, upon any public road or

  5  highway open to the public, dirt, sand, lime rock, gravel,

  6  silica, or other similar aggregate or trash, garbage, or any

  7  similar material that could fall or blow from such vehicle, to

  8  prevent such materials from falling, blowing, or in any way

  9  escaping from such vehicle. Covering and securing the load

10  with a close-fitting tarpaulin or other appropriate cover is

11  required.

12         (3)  A violation of this section is a noncriminal

13  traffic infraction, punishable as a moving nonmoving violation

14  as provided in chapter 318.

15         (4)  The provisions of subsection (2) requiring

16  covering and securing the load with a close-fitting tarpaulin

17  or other appropriate cover does not apply to vehicles carrying

18  agricultural products locally from a harvest site or to or

19  from a farm on roads where the posted speed limit is 65 miles

20  per hour or less and the distance driven on public roads is

21  less than 20 miles.

22         Section 5.  Subsections (2) and (3) of section 370.31,

23  Florida Statutes, are amended to read:

24         370.31  Commercial production of sturgeon.--

25         (2)  CREATION.--The Sturgeon Production Working Group

26  is created within the Department of Agriculture and Consumer

27  Services Environmental Protection and shall be composed of

28  seven six members as follows:

29         (a)  The head of the sturgeon research program or

30  designee from the University of Florida, Institute of Food and

31  Agricultural Sciences.  Such member shall be appointed by the


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                                       CS/HB 1681, First Engrossed



  1  University of Florida's Vice President for Agricultural

  2  Affairs.

  3         (b)  One representative from the Department of

  4  Environmental Protection to be appointed by the Secretary of

  5  Environmental Protection.

  6         (c)  One representative from the Fish and Wildlife

  7  Conservation Commission to be appointed by the executive

  8  director of the Fish and Wildlife Conservation Commission.

  9         (d)  One representative from the Department of

10  Agriculture and Consumer Services to be appointed by the

11  Commissioner of Agriculture.

12         (e)  Two representatives from the aquaculture industry

13  to be appointed by the Aquaculture Review Council.

14         (f)  One representative from a private nonprofit

15  organization involved in sturgeon production work to be

16  appointed by the Commissioner of Agriculture.

17         (3)  MEETINGS; PROCEDURES; RECORDS.--The working group

18  shall meet at least twice a year and elect, by a quorum, a

19  chair and, vice chair, and secretary.

20         (a)  The chair of the working group shall preside at

21  all meetings and shall call a meeting as often as necessary to

22  carry out the provisions of this section.  To call a meeting,

23  the chair shall solicit an agreement to meet from at least two

24  other working group members and then notify any remaining

25  members of the meeting.

26         (b)  The Department of Agriculture and Consumer

27  Services secretary shall keep a complete record of the

28  proceedings of each meeting, which includes the names of the

29  members present at each meeting and the actions taken.  Such

30  records shall be kept on file with the Department of

31  Environmental Protection with copies filed with the Department


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                                       CS/HB 1681, First Engrossed



  1  of Fisheries and Aquatic Sciences at the University of

  2  Florida.  The records shall be public records pursuant to

  3  chapter 119.

  4         (c)  A quorum shall consist of a majority of the group

  5  members. Members of the group shall not receive compensation,

  6  but shall be entitled to per diem and travel expenses,

  7  including attendance at meetings, as allowed public officers

  8  and employees pursuant to s. 112.061 one representative from

  9  the Department of Environmental Protection, one representative

10  from the Institute of Food and Agricultural Sciences, and at

11  least two other members.

12         Section 6.  Section 388.261, Florida Statutes, is

13  amended to read:

14         388.261  State aid to counties and districts for

15  arthropod control; distribution priorities and limitations.--

16         (1)  Every county or district budgeting local funds,

17  derived either by special tax levy or funds appropriated or

18  otherwise made available for the control of mosquitoes and

19  other arthropods under a plan submitted by the county or

20  district and upon approval by the department, shall be

21  eligible to receive state funds, supplies, services, and

22  equipment on a dollar-for-dollar matching basis up to but not

23  exceeding $30,000 for any one county for any one year.  A

24  county or district may, without contributing matching funds,

25  receive state funds, supplies, services, or equipment in an

26  amount of no more than $50,000 $30,000 per year for up to 3

27  years for any new or expanded program for the control of

28  mosquitoes and other arthropods which serves an area not

29  previously served by the county or district.  These funds may

30  be expended for any and all types of control measures approved

31  by the department.


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                                       CS/HB 1681, First Engrossed



  1         (2)  In addition, Every county or district budgeting

  2  local funds to be used exclusively for the control of

  3  mosquitoes and other arthropods, under a plan submitted by the

  4  county or district and approved by the department, shall be

  5  eligible to receive state funds and supplies, services, and

  6  equipment on a dollar-for-dollar matching basis to for control

  7  measures up to but not exceeding 50 percent of the amount of

  8  local funds budgeted for such control.  Should state funds

  9  appropriated by the Legislature be insufficient to grant each

10  county or district state funds on a dollar-for-dollar matching

11  basis to 50 percent of the amount budgeted in local funds, the

12  department shall prorate said state funds based on the amount

13  of matchable local funds budgeted for expenditure by each

14  county or district.

15         (3)  Every county shall be limited to receive a total

16  of $120,000 $100,000 of state funds, exclusive of state funds

17  brought forward, during any one year, however, a county or

18  district that receives funds under subsection (1) for service

19  to an area not previously served may receive up to $130,000

20  during any one year.

21         (4)  Up to 20 percent of the annual funds appropriated

22  to local governments for arthropod control may be used for

23  arthropod control research or demonstration projects as

24  approved by the department.

25         (5)  If more than one local mosquito control agency

26  exists in a county, the funds shall be prorated between the

27  agencies based on the population served by each agency.

28         (6)  The Commissioner of Agriculture may exempt

29  counties or districts from the requirements in subsection (1),

30  subsection (2), or subsection (3) when the department

31  determines state funds, supplies, services, or equipment are


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                                       CS/HB 1681, First Engrossed



  1  necessary for the immediate control of mosquitoes and other

  2  arthropods that pose a threat to human or animal health.

  3         (7)  The department may use state funds appropriated

  4  for a county or district under subsection (1) or subsection

  5  (2) to provide state mosquito or other arthropod control

  6  equipment, supplies, or services when requested by a county or

  7  district eligible to receive state funds under s. 388.271.

  8         (8)  The department is authorized to use up to 5

  9  percent of the funds appropriated annually by the Legislature

10  for the purposes of this section to provide technical

11  assistance to the counties and districts, or to purchase

12  equipment, supplies, or services the department determines are

13  necessary to administer the provisions of this chapter.

14         Section 7.  Subsection (2) of section 388.281, Florida

15  Statutes, is amended to read:

16         388.281  Use of state matching funds.--

17         (2)  All funds, supplies, and services released on the

18  dollar-for-dollar 50-percent matching basis shall be used

19  exclusively for an integrated program that provides a

20  combination of mosquito control, source reduction measures,

21  public education, personnel training and certification,

22  arthropod population surveillance, research and demonstration

23  projects, larvicides, adulticides, equipment, and public

24  epidemic alerts as approved by the department. Source

25  reduction measures may include measures to improve management

26  and enhance the ecological integrity of source reduction

27  areas.  If source reduction measures require permits,

28  approvals, or agreement by federal, state, regional, or local

29  agencies, such permits, approvals, or agreement shall be

30  obtained prior to commencement of the source reduction

31  project.  These measures include sanitary landfills, drainage,


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                                       CS/HB 1681, First Engrossed



  1  diking, filling of arthropod breeding areas, and the purchase,

  2  maintenance, and operation of all types of equipment including

  3  trucks, dredges, draglines, bulldozers, or any other type of

  4  machinery and materials utilized in ditching, ditch lining,

  5  ditch construction, diking, filling, hiring personnel, rental

  6  of equipment, and payment for contract work awarded to the

  7  lowest responsible bidder.

  8         Section 8.  Subsection (6) of section 388.361, Florida

  9  Statutes, is amended, and subsection (7) is added to said

10  section, to read:

11         388.361  Department authority and rules;

12  administration.--

13         (6)  The department shall have the authority to

14  cooperate with federal, and state, and local agencies and to

15  enter into such cooperative agreements or commitments as the

16  department may determine necessary to carry out and enforce

17  the provisions of this chapter.

18         (7)  The department shall have the authority to

19  collect, detect, suppress, and control mosquitoes and other

20  arthropods that are determined by the State Health Officer to

21  pose a threat to public health or by the Commissioner of

22  Agriculture to pose a threat to animal health, wherever they

23  may occur on public or private land in this state, and to do

24  all things necessary in the exercise of such authority. Prior

25  to the start of treatments for the control of mosquitoes or

26  other arthropods, the department shall consult with the

27  mosquito control districts in the proposed treatment areas,

28  the Department of Health, the Department of Environmental

29  Protection, and the Fish and Wildlife Conservation Commission

30  regarding the proposed locations, dates, and methods to be

31  used.


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                                       CS/HB 1681, First Engrossed



  1         Section 9.  Section 388.45, Florida Statutes, is

  2  amended to read:

  3         388.45  Threat to public or animal health; emergency

  4  declarations.--

  5         (1)  The State Health Officer has the authority to

  6  declare that a threat to public health exists when the

  7  Department of Health discovers in the human or surrogate

  8  population the occurrence of an infectious disease that can be

  9  transmitted from mosquitoes or other arthropods to humans. The

10  State Health Officer must immediately notify the Commissioner

11  of Agriculture of the declaration of this threat to public

12  health. The Commissioner of Agriculture is authorized to issue

13  a mosquito or other arthropod declaration in those counties

14  needing additional mosquito or other arthropod control

15  measures an emergency declaration based on the State Health

16  Officer's declaration of a threat to the public health or

17  based on other threats to animal health. Each declaration must

18  contain the geographical boundaries and the duration of the

19  declaration. The State Health Officer shall order such human

20  medical preventive treatment and the Commissioner of

21  Agriculture shall order such ameliorative mosquito or other

22  arthropod control measures as are necessary to prevent the

23  spread of disease, notwithstanding contrary provisions of this

24  chapter or the rules adopted under this chapter. Within 24

25  hours after a declaration of a threat to the public health,

26  the State Health Officer must also notify the agency heads of

27  the Department of Environmental Protection and the Fish and

28  Wildlife Conservation Commission of the declaration. Within 24

29  hours after a mosquito or other arthropod an emergency

30  declaration based on the public health declaration or based on

31  other threats to animal health, the Commissioner of


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                                       CS/HB 1681, First Engrossed



  1  Agriculture must notify the agency heads of the Department of

  2  Environmental Protection and the Fish and Wildlife

  3  Conservation Commission of the declaration. Within 24 hours

  4  after an emergency declaration based on other threats to

  5  animal health, the Commissioner of Agriculture must also

  6  notify the agency head of the Department of Health of the

  7  declaration.

  8         (2)  The Commissioner of Agriculture has the authority

  9  to declare that a threat to animal health exists when the

10  department discovers the occurrence of an infectious disease

11  in animals that can be transmitted by mosquitoes or other

12  arthropods and is authorized to issue an animal health

13  declaration in those counties needing additional veterinary

14  care or mosquito or other arthropod control measures based on

15  a threat to animal health. Each declaration must contain the

16  geographical boundaries and the duration of the declaration.

17  The Commissioner of Agriculture shall order such veterinary

18  treatment or ameliorative mosquito or other arthropod control

19  measures as are necessary to prevent the spread of disease,

20  notwithstanding contrary provisions of this chapter or the

21  rules adopted under this chapter. The Commissioner of

22  Agriculture shall immediately notify the State Health Officer

23  and the agency heads of the Department of Environmental

24  Protection and the Fish and Wildlife Conservation Commission

25  upon issuance of an animal health declaration.

26         Section 10.  Subsection (11) of section 403.067,

27  Florida Statutes, is amended to read:

28         403.067  Establishment and implementation of total

29  maximum daily loads.--

30         (11)  IMPLEMENTATION OF ADDITIONAL PROGRAMS.--

31


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                                       CS/HB 1681, First Engrossed



  1         (a)  The department shall not implement, without prior

  2  legislative approval, any additional regulatory authority

  3  pursuant to s. 303(d) of the Clean Water Act or 40 C.F.R. part

  4  130, if such implementation would result in water quality

  5  discharge regulation of activities not currently subject to

  6  regulation.

  7         (b)  Interim measures, best management practices, or

  8  other measures may be developed and voluntarily implemented

  9  pursuant to paragraph (7)(c) or paragraph (7)(d) for any water

10  body or segment for which a total maximum daily load or

11  allocation has not been established. The implementation of

12  such pollution control programs may be considered by the

13  department in the determination made pursuant to subsection

14  (4).

15         Section 11.  Paragraph (e) of subsection (3) of section

16  403.709, Florida Statutes, is amended to read:

17         403.709  Solid Waste Management Trust Fund; use of

18  waste tire fee moneys; waste tire site management.--

19         (3)  Moneys allocated to the fund from waste tire fees

20  shall be used:

21         (e)  At least 10 percent of the revenues deposited in

22  the fund annually from waste tire fees shall be allocated as

23  additional grants to local mosquito control agencies in

24  accordance with s. 388.261 for the specific purpose of abating

25  and providing mosquito control relating to waste tire sites,

26  other tire piles, and other sites identified by local mosquito

27  control agencies as mosquito breeding areas.  Only local

28  mosquito control agencies approved by the Department of

29  Agriculture and Consumer Services may receive funds pursuant

30  to this paragraph.  Each county with an eligible local

31  mosquito control agency shall be allocated a minimum of


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                                       CS/HB 1681, First Engrossed



  1  $15,000 pursuant to this paragraph.  Any remaining funds under

  2  this paragraph shall be distributed to eligible local mosquito

  3  control agencies on the basis of county population.  If more

  4  than one local mosquito control agency exists in a county, the

  5  funds shall be prorated between the agencies based on the

  6  population served by each agency.

  7         Section 12.  Subsection (3) of section 482.2401,

  8  Florida Statutes, is amended to read:

  9         482.2401  Disposition and use of revenues from fees and

10  fines.--

11         (3)  All revenues from administrative fines shall be

12  used to support contract research or education in all pest

13  control categories. The department shall appoint a committee

14  composed of pest control industry members which shall assist

15  the department in establishing research or education

16  priorities, in developing requests for proposals for bids, and

17  in selecting research or education contractors from qualified

18  bidders.

19         Section 13.  Section 482.243, Florida Statutes, is

20  created to read:

21         482.243  Pest Control Enforcement Advisory Council.--

22         (1)  The Pest Control Enforcement Advisory Council is

23  created within the department. The Commissioner of Agriculture

24  shall appoint all members of the council. The purpose of the

25  council is to advise the Commissioner of Agriculture regarding

26  the regulation of pest control practices and to advise

27  government agencies with respect to those activities related

28  to their responsibilities regarding pest control. The council

29  shall serve as the statewide forum for the coordination of

30  pest control related activities to eliminate duplication of

31  effort and maximize protection of the public.


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                                       CS/HB 1681, First Engrossed



  1         (2)  The council shall consist of 11 members as

  2  follows:  a representative of the department; a citizen not

  3  involved in the conduct of pest control; a state university

  4  urban entomologist; and eight persons each holding a pest

  5  control operator's certificate issued under s. 482.111, of

  6  whom two shall be actively involved in termite control, two

  7  shall be actively involved in general household pest control,

  8  two shall be actively involved in structural fumigation, and

  9  two shall be actively involved in lawn and landscape pest

10  control. Each member shall be appointed for a term of 4 years

11  and shall serve until a successor is appointed.

12         (3)  In conducting its meetings, the council shall use

13  Robert's Rules of Order. A majority of the members of the

14  council constitutes a quorum for all purposes, and an act by a

15  majority of such quorum at any meeting constitutes an official

16  act of the council. The secretary shall keep a complete record

17  of each meeting which must show the names of members present

18  and the actions taken. These records must be kept on file with

19  the department, and these records and other documents about

20  matters within the jurisdiction of the council are subject to

21  inspection by members of the council.

22         (4)  The members of the council shall meet and organize

23  by electing a chair, a vice chair, and a secretary whose terms

24  shall be for 1 year each. Council officers may not serve

25  consecutive terms.

26         (5)  The council shall meet at the call of its chair,

27  at the request of a majority of its members, at the request of

28  the department, or at such time as a public health or

29  environmental emergency arises.

30         (6)  The meetings, powers and duties, procedures,

31  recordkeeping, and reimbursement of expenses of members of the


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                                       CS/HB 1681, First Engrossed



  1  council shall be in accordance with the provisions of s.

  2  570.0705 relating to advisory committees established within

  3  the department.

  4         (7)  The council shall receive reports of pest control

  5  enforcement activity conducted by the Division of Agricultural

  6  Environmental Services, which shall include numbers of cases,

  7  numbers of administrative actions, numbers of complaints

  8  received and investigated, and dispositions of complaints;

  9  provide advice to the department on the conduct of pest

10  control enforcement activities; receive reports on

11  disciplinary actions, provided that the names of individual

12  licensees shall be expunged from cases discussed before the

13  council, unless a consent order or final order has been issued

14  in the case; and make recommendations, subject to a majority

15  vote, directly to the Commissioner of Agriculture for actions

16  to be taken with respect to the regulation of pest control

17  services and practices that the council has reviewed.

18         Section 14.  Subsection (8) of section 496.404, Florida

19  Statutes, is amended to read:

20         496.404  Definitions.--As used in ss. 496.401-496.424:

21         (8)  "Educational institutions" means those

22  institutions and organizations described in s.

23  212.08(7)(cc)8.a. The term includes private nonprofit

24  organizations the purpose of which is to raise funds for

25  schools teaching kindergarten through grade 12, colleges, and

26  universities, including any nonprofit newspaper of free or

27  paid circulation primarily on university or college campuses

28  that holds a current exemption from federal income tax under

29  s. 501(c)(3) of the Internal Revenue Code, any educational

30  television or radio network or system established pursuant to

31  s. 229.805 or s. 229.8051, and any nonprofit television or


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                                       CS/HB 1681, First Engrossed



  1  radio station that is a part of such network or system and

  2  that holds a current exemption from federal income tax under

  3  s. 501(c)(3) of the Internal Revenue Code. The term also

  4  includes a nonprofit educational cable consortium that holds a

  5  current exemption from federal income tax under s. 501(c)(3)

  6  of the Internal Revenue Code, the primary purpose of which is

  7  the delivery of educational and instructional cable television

  8  programming and the members of which are composed exclusively

  9  of educational organizations that hold a valid consumer

10  certificate of exemption and that are either an educational

11  institution as defined in this subsection or qualified as a

12  nonprofit organization pursuant to s. 501(c)(3) of the

13  Internal Revenue Code.

14         Section 15.  Subsection (6) is added to section

15  500.121, Florida Statutes, to read:

16         500.121  Disciplinary procedures.--

17         (6)  If the department determines that a food offered

18  in a food establishment is labeled with nutrient claims that

19  are in violation of this chapter, the department shall retest

20  or reexamine the product within 90 days after notification to

21  the manufacturer and to the firm at which the product was

22  collected. If the product is again found in violation, the

23  department shall test or examine the product for a third time

24  within 60 days after the second notification. The product

25  manufacturer shall reimburse the department for the cost of

26  the third test or examination. If the product is found in

27  violation for a third time, the department shall exercise its

28  authority under s. 500.172 and issue a stop-sale or stop-use

29  order. The department may impose additional sanctions for

30  violations of this subsection.

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                                       CS/HB 1681, First Engrossed



  1         Section 16.  Subsection (8) is added to section

  2  501.160, Florida Statutes, to read:

  3         501.160  Rental or sale of essential commodities during

  4  a declared state of emergency; prohibition against

  5  unconscionable prices.--

  6         (8)  Any violation of this section may be enforced by

  7  the Department of Agriculture and Consumer Services, the

  8  Office of the State Attorney, or the Department of Legal

  9  Affairs.

10         Section 17.  Subsection (35) of section 570.07, Florida

11  Statutes, is amended to read:

12         570.07  Department of Agriculture and Consumer

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

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

15         (35)  Under emergency conditions, to authorize the

16  purchase of supplemental nutritional food and drink items,

17  provide meals when personnel cannot leave an emergency

18  incident location, and set temporary meal expenditure limits

19  for employees engaged in physical activity for prolonged

20  periods of time in excess of the rate established by s.

21  112.061(6), but not to exceed $50 per day.

22         Section 18.  Section 570.073, Florida Statutes, is

23  amended to read:

24         570.073  Department of Agriculture and Consumer

25  Services, law enforcement officers.--

26         (1)  The commissioner may create an Office of

27  Agricultural Law Enforcement under the supervision of a senior

28  manager exempt under s. 110.205 in the Senior Management

29  Service. The commissioner may designate law enforcement

30  officers, as necessary, to enforce any criminal law or conduct

31  any criminal investigation or to enforce the provisions of any


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                                       CS/HB 1681, First Engrossed



  1  statute or any other laws of this staterelating to any matter

  2  over which the department has jurisdiction or which occurs on

  3  property owned, managed, or occupied by the department.

  4  Officers appointed under this section have the primary

  5  responsibility for enforcing laws relating to agriculture and

  6  consumer services as outlined below and violations of law that

  7  threaten the overall security and safety of this state's

  8  agriculture and consumer services. Those matters include The

  9  primary responsibilities include the enforcement of laws

10  relating to:

11         (a)  Domesticated animals, including livestock,

12  poultry, aquaculture products, and other wild or domesticated

13  animals or animal products.

14         (b)  Farms, farm equipment, livery tack, citrus or

15  citrus products, or horticultural products.

16         (c)  Trespass, littering, forests, forest fires, and

17  open burning.

18         (d)  Damage to or theft of forest products.

19         (e)  Enforcement of a marketing order.

20         (f)  Protection of consumers.

21         (g)  Civil traffic offenses as outlined under Florida

22  law provided for in chapters 316, 320, and 322, subject to the

23  provisions of chapter 318, relating to any matter over which

24  the department has jurisdiction or committed on property

25  owned, managed, or occupied by the department.

26         (h)  The use of alcohol or drugs which occurs on

27  property owned, managed, or occupied by the department.

28         (i)  Any emergency situation in which the life, limb,

29  or property of any person is placed in immediate and serious

30  danger.

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                                       CS/HB 1681, First Engrossed



  1         (j)  Any crime incidental to or related to paragraphs

  2  (a)-(i).

  3         (k)  Any law over which the Commissioner of Agriculture

  4  has responsibility.

  5         (2)  Each law enforcement officer shall meet the

  6  qualifications of law enforcement officers under s. 943.13 and

  7  shall be certified as a law enforcement officer by the

  8  Department of Law Enforcement under the provisions of chapter

  9  943. Upon certification, each law enforcement officer is

10  subject to and shall have the same arrest and other authority

11  provided for law enforcement officers generally in chapter 901

12  and shall have statewide jurisdiction as provided in

13  subsection (1).  Each officer shall also have arrest authority

14  as provided for state law enforcement officers in s.

15  901.15(11). Such officers have full law enforcement powers

16  granted to other peace officers of this state, including the

17  power to make arrests, carry firearms, serve court process,

18  and seize contraband and the proceeds of illegal activities.

19         (3)  The Commissioner may also appoint part-time,

20  reserve or auxiliary law enforcement officers under chapter

21  943.

22         (4)(3)  All department law enforcement officers, upon

23  certification under s. 943.1395, shall have the same right and

24  authority to carry arms as do the sheriffs of this state.

25         (5)(4)  Each law enforcement officer in the state who

26  is certified pursuant to chapter 943 has the same authority as

27  law enforcement officers designated in this section to enforce

28  the laws of this state as described in subsection (1).

29         Section 19.  Subsection (1) of section 316.640, Florida

30  Statutes, is amended to read:

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                                       CS/HB 1681, First Engrossed



  1         316.640  Enforcement.--The enforcement of the traffic

  2  laws of this state is vested as follows:

  3         (1)  STATE.--

  4         (a)1.

  5         a.  The Division of Florida Highway Patrol of the

  6  Department of Highway Safety and Motor Vehicles, the Division

  7  of Law Enforcement of the Fish and Wildlife Conservation

  8  Commission, the Division of Law Enforcement of the Department

  9  of Environmental Protection, and law enforcement officers of

10  the Department of Transportation each have authority to

11  enforce all of the traffic laws of this state on all the

12  streets and highways thereof and elsewhere throughout the

13  state wherever the public has a right to travel by motor

14  vehicle. The Division of the Florida Highway Patrol may employ

15  as a traffic accident investigation officer any individual who

16  successfully completes at least 200 hours of instruction in

17  traffic accident investigation and court presentation through

18  the Selective Traffic Enforcement Program as approved by the

19  Criminal Justice Standards and Training Commission and funded

20  through the National Highway Traffic Safety Administration or

21  a similar program approved by the commission, but who does not

22  necessarily meet the uniform minimum standards established by

23  the commission for law enforcement officers or auxiliary law

24  enforcement officers under chapter 943. Any such traffic

25  accident investigation officer who makes an investigation at

26  the scene of a traffic accident may issue traffic citations,

27  based upon personal investigation, when he or she has

28  reasonable and probable grounds to believe that a person who

29  was involved in the accident committed an offense under this

30  chapter, chapter 319, chapter 320, or chapter 322 in

31  connection with the accident. This paragraph does not permit


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                                       CS/HB 1681, First Engrossed



  1  the carrying of firearms or other weapons, nor do such

  2  officers have arrest authority other than for the issuance of

  3  a traffic citation as authorized in this paragraph.

  4         b.  University police officers shall have authority to

  5  enforce all of the traffic laws of this state when such

  6  violations occur on or about any property or facilities that

  7  are under the guidance, supervision, regulation, or control of

  8  the State University System, except that traffic laws may be

  9  enforced off-campus when hot pursuit originates on-campus.

10         c.  Community college police officers shall have the

11  authority to enforce all the traffic laws of this state only

12  when such violations occur on any property or facilities that

13  are under the guidance, supervision, regulation, or control of

14  the community college system.

15         d.  Police officers employed by an airport authority

16  shall have the authority to enforce all of the traffic laws of

17  this state only when such violations occur on any property or

18  facilities that are owned or operated by an airport authority.

19         (I)  An airport authority may employ as a parking

20  enforcement specialist any individual who successfully

21  completes a training program established and approved by the

22  Criminal Justice Standards and Training Commission for parking

23  enforcement specialists but who does not otherwise meet the

24  uniform minimum standards established by the commission for

25  law enforcement officers or auxiliary or part-time officers

26  under s. 943.12. Nothing in this sub-sub-subparagraph shall be

27  construed to permit the carrying of firearms or other weapons,

28  nor shall such parking enforcement specialist have arrest

29  authority.

30         (II)  A parking enforcement specialist employed by an

31  airport authority is authorized to enforce all state, county,


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                                       CS/HB 1681, First Engrossed



  1  and municipal laws and ordinances governing parking only when

  2  such violations are on property or facilities owned or

  3  operated by the airport authority employing the specialist, by

  4  appropriate state, county, or municipal traffic citation.

  5         e.  The Office of Agricultural Law Enforcement of the

  6  Department of Agriculture and Consumer Services shall have the

  7  authority to enforce traffic laws of this state only as

  8  authorized by the provisions of chapter 570. However, nothing

  9  in this section shall expand the authority of the Office of

10  Agricultural Law Enforcement at its agricultural inspection

11  stations to issue any traffic tickets except those traffic

12  tickets for vehicles illegally passing the inspection station.

13         f.  School safety officers shall have the authority to

14  enforce all of the traffic laws of this state when such

15  violations occur on or about any property or facilities which

16  are under the guidance, supervision, regulation, or control of

17  the district school board.

18         2.  An agency of the state as described in subparagraph

19  1. is prohibited from establishing a traffic citation quota. A

20  violation of this subparagraph is not subject to the penalties

21  provided in chapter 318.

22         3.  Any disciplinary action taken or performance

23  evaluation conducted by an agency of the state as described in

24  subparagraph 1. of a law enforcement officer's traffic

25  enforcement activity must be in accordance with written

26  work-performance standards. Such standards must be approved by

27  the agency and any collective bargaining unit representing

28  such law enforcement officer. A violation of this subparagraph

29  is not subject to the penalties provided in chapter 318.

30

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                                       CS/HB 1681, First Engrossed



  1         (b)1.  The Department of Transportation has authority

  2  to enforce on all the streets and highways of this state all

  3  laws applicable within its authority.

  4         2.a.  The Department of Transportation shall develop

  5  training and qualifications standards for toll enforcement

  6  officers whose sole authority is to enforce the payment of

  7  tolls pursuant to s. 316.1001. Nothing in this subparagraph

  8  shall be construed to permit the carrying of firearms or other

  9  weapons, nor shall a toll enforcement officer have arrest

10  authority.

11         b.  For the purpose of enforcing s. 316.1001,

12  governmental entities, as defined in s. 334.03, which own or

13  operate a toll facility may employ independent contractors or

14  designate employees as toll enforcement officers; however, any

15  such toll enforcement officer must successfully meet the

16  training and qualifications standards for toll enforcement

17  officers established by the Department of Transportation.

18         Section 20.  Paragraph (b) of subsection (5) of section

19  570.71, Florida Statutes, is amended to read:

20         570.71  Conservation easements and agreements.--

21         (5)  Agricultural protection agreements shall be for

22  terms of 30 years and will provide payments to landowners

23  having significant natural areas on their land. Public access

24  and public recreational opportunities may be negotiated at the

25  request of the landowner.

26         (b)  As part of the agricultural protection agreement,

27  the parties shall agree that the state shall have a right to

28  buy a conservation easement or rural land protection easement

29  at the end of the 30-year term or prior to the landowner

30  transferring or selling the property, whichever occurs later.

31  If the landowner tenders the easement for the purchase and the


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                                       CS/HB 1681, First Engrossed



  1  state does not timely exercise its right to buy the easement,

  2  the landowner shall be released from the agricultural

  3  agreement. The purchase price of the easement shall be

  4  established in the agreement and shall be based on the value

  5  of the easement at the time the agreement is entered into,

  6  plus a reasonable escalator multiplied by the number of full

  7  calendar years following the date of the commencement of the

  8  agreement. The landowner may transfer or sell the property

  9  before the expiration of the 30-year term, but only if the

10  property is sold subject to the agreement and the buyer

11  becomes the successor in interest to the agricultural

12  protection agreement. Upon mutual consent of the parties, a

13  landowner may enter into a perpetual easement at any time

14  during the term of an agricultural protection agreement.

15         Section 21.  Subsection (8) of section 573.124, Florida

16  Statutes, is amended to read:

17         573.124  Penalties; violation; hearings.--

18         (8)  It shall be a felony of the third degree

19  misdemeanor of the second degree, punishable as provided in s.

20  775.082 or s. 775.083, for:

21         (a)  Any person to willfully render or furnish a false

22  or fraudulent report, statement, or record required by the

23  department, or any marketing agreement or marketing order

24  effective thereunder.

25         (b)  Any person engaged in the handling of any

26  agricultural commodity or in the wholesale or retail trade

27  thereof to fail or refuse to furnish to the department or its

28  duly authorized agents, upon request, information concerning

29  the name and address of the persons from whom he or she has

30  received any agricultural commodity regulated by a marketing

31


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                                       CS/HB 1681, First Engrossed



  1  order issued and in effect hereunder, and the quantity of the

  2  commodity so received.

  3         Section 22.  Section 581.091, Florida Statutes, is

  4  amended to read:

  5         581.091  Noxious weeds and infected plants or regulated

  6  articles; sale or distribution; receipt; information to

  7  department; withholding information.--

  8         (1)  It is unlawful for any person to knowingly sell,

  9  offer for sale, or distribute any noxious weed, or any plant

10  or plant product or regulated article infested or infected

11  with any plant pest declared, by rule of the department, to be

12  a public nuisance or a threat to the state's agricultural and

13  horticultural interests.

14         (2)  Any person who knows or reasonably should know

15  that such person possesses or has knowingly received any

16  noxious weed or any plant, plant product, or regulated article

17  sold, given away, carried, shipped, or delivered for carriage

18  or shipment in violation of the provisions of this chapter or

19  the rules adopted thereunder shall immediately inform the

20  department and isolate and hold the weed, plant, plant

21  product, or other thing unopened or unused subject to

22  inspection or other disposition as may be provided by the

23  department.

24         (3)  It is unlawful for any person to fail to disclose

25  or withhold available information regarding any infected or

26  infested plant, plant product, regulated article, or noxious

27  weed.

28         (4)  A water management district when identifying by

29  rule pursuant to s. 373.185, or a local government when

30  identifying by ordinance a list of noxious weeds, invasive

31  plants, or plants deemed to be a public nuisance or threat,


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                                       CS/HB 1681, First Engrossed



  1  shall utilize the list developed under this chapter or rules

  2  adopted thereunder and shall include the list provided for in

  3  s. 369.251.

  4         Section 23.  Subsection (5) is added to section 585.08,

  5  Florida Statutes, to read:

  6         585.08  General powers of the department; rules.--The

  7  Division of Animal Industry is authorized to:

  8         (5)  Condemn and destroy any animal that is liable to

  9  spread any contagious, infectious, or communicable disease

10  based upon sound epidemiological facts and conclusions to

11  prevent the further spread of disease when a state or

12  agricultural declaration of emergency has been declared by the

13  Governor or the Commissioner of Agriculture.

14         Section 24.  Section 585.09, Florida Statutes, is

15  amended to read:

16         585.09  Procedure for condemnation of animals and

17  property by department.--Condemnation and destruction of

18  animals, barns, yards, sheds, corrals, and pens, as provided

19  in s. 585.08, shall take place only after a fair appraisal of

20  the value of the property. The value shall be determined by

21  the department and the owner; provided, however, should the

22  department and the owner be unable to agree on a value, the

23  value shall then be determined by three disinterested

24  appraisers, one to be appointed by the department, one by the

25  owner of the property, and the third to be selected by these

26  two.  The appraised price, subject to the provisions of s.

27  585.10, shall be paid by the department as other expenses are

28  paid. If the owner of such animal, barn, yard, shed, corral,

29  or pen fails or refuses to name an appraiser within 5 days

30  after requested by the department to do so, or refuses to

31  permit the property to be condemned and destroyed, the


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                                       CS/HB 1681, First Engrossed



  1  department may make an order to the sheriff of the county

  2  wherein the property lies, directing her or him to destroy

  3  such animal, barn, yard, shed, corral, or pen, in the manner

  4  to be prescribed in the order.  The order shall be immediately

  5  executed by the sheriff.  Upon the destruction of the property

  6  by the sheriff, the department shall have the right to

  7  recover, from the owner of the property destroyed, all costs

  8  and expenses incurred by it in connection with the

  9  destruction.

10         Section 25.  Section 585.10, Florida Statutes, is

11  repealed.

12         Section 26.  Section 585.11, Florida Statutes, is

13  amended to read:

14         585.11  Cooperation with United States authorities and

15  United States Department of Agriculture accredited private

16  veterinarians.--The department may cooperate with:

17         (1)  The authorities of the United States in the

18  enforcement of all acts of Congress for the control,

19  prevention, suppression, and eradication of contagious,

20  infectious, and communicable diseases affecting animals, or

21  animal diseases which may affect humans, and in connection

22  therewith may:

23         (a)  Appoint inspectors of the United States Department

24  of Agriculture as temporary assistant state veterinarians or

25  livestock inspectors; provided, they shall first consent to

26  act without compensation or profit from the state;

27         (b)  Accept aid or assistance from the United States in

28  conducting work related to the control or eradication of

29  tuberculosis, brucellosis, pseudorabies, hog cholera, and any

30  other such dangerous disease, or from any of its officers,

31  representatives, or agents, in carrying out such work.


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                                       CS/HB 1681, First Engrossed



  1         (2)  The officials of the United States Department of

  2  Agriculture in the control or eradication of tuberculosis,

  3  brucellosis, pseudorabies, and hog cholera and with the owners

  4  of animals, who accept indemnity for animals found to be

  5  diseased and slaughtered in accordance with the special Acts

  6  of Congress now in effect and appropriating funds for this

  7  purpose, or that may hereafter be available from such source.

  8         (3)  The United States Department of Agriculture in

  9  carrying out the provisions of the National Poultry

10  Improvement Plan and the National Turkey Improvement Plan in

11  Florida, and in connection therewith, may promulgate rules

12  necessary to carry out the provisions of the National Poultry

13  Improvement Plan and the National Turkey Improvement Plan in

14  Florida.

15         (4)  Appointed United States Department of Agriculture

16  accredited private veterinarians in conducting work related to

17  the control or eradication of contagious and infectious

18  diseases, who may be compensated for services.

19         Section 27.  Subsection (1) of section 585.21, Florida

20  Statutes, is amended to read:

21         585.21  Sale of biological products.--

22         (1)  Each biological product intended for diagnostic or

23  therapeutic purposes for animals which is manufactured for

24  sale or sold in the state shall first be officially approved

25  by the United States Department of Agriculture and shall have

26  written permission of the Department of Agriculture and

27  Consumer Services prior to sale in the state.

28         Section 28.  Subsection (3) of section 585.61, Florida

29  Statutes, is amended to read:

30         585.61  Animal disease diagnostic laboratories.--

31


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                                       CS/HB 1681, First Engrossed



  1         (3)  Any person who maintains animals in the state may

  2  use the services of the laboratories under the terms of this

  3  section and the rules adopted for such use by the department.

  4  The department shall require any user of its services to pay a

  5  fee not to exceed $300 $15 for any one of the services

  6  requested, except that a fee for necropsy may be imposed in an

  7  amount not to exceed $70. All laboratory fees collected shall

  8  be deposited in the Animal Industry Diagnostic Laboratory

  9  Account within the General Inspection Trust Fund. The fees

10  collected shall be used to improve the diagnostic laboratory

11  services as provided for by the Legislature in the General

12  Appropriations Act.

13         Section 29.  Subsections (1) and (5) of section 590.02,

14  Florida Statutes, are amended to read:

15         590.02  Division powers, authority, and duties;

16  liability; building structures; Florida Center for Wildfire

17  and Forest Resources Management Training.--

18         (1)  The division has the following powers, authority,

19  and duties:

20         (d)  To appoint center managers, forest area

21  supervisors, forestry program administrators, a forest

22  protection bureau chief, a forest protection assistant bureau

23  chief, a field operations bureau chief, deputy chiefs of field

24  operations, district managers, senior forest rangers,

25  investigators, forest rangers, firefighter rotorcraft pilots,

26  and other employees who may, at the division's discretion, be

27  certified as forestry firefighters pursuant to s. 633.35(4).

28  Other provisions of law notwithstanding, center managers,

29  district managers, the forest protection assistant bureau

30  chief, and deputy chiefs of field operations shall have

31


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                                       CS/HB 1681, First Engrossed



  1  Selected Exempt Service status in the state personnel

  2  designation;

  3         (f)  To make rules to accomplish the purposes of this

  4  chapter; and

  5         (g)  To provide fire management services and emergency

  6  response assistance and to set and charge reasonable fees for

  7  performance of those services. Moneys collected from such fees

  8  shall be deposited into the Incidental Trust Fund of the

  9  division; and

10         (h)  To require all state, regional, and local

11  government agencies operating aircraft in the vicinity of an

12  ongoing wildfire to operate in compliance with the applicable

13  state Wildfire Aviation Plan.

14         (5)(a)  The division shall organize its operational

15  units to most effectively prevent, detect, and suppress

16  wildfires, and to that end, may employ the necessary personnel

17  to manage its activities in each unit. The division may

18  construct lookout towers, roads, bridges, firelines, and other

19  facilities and may purchase or fabricate tools, supplies, and

20  equipment for firefighting. The division may reimburse the

21  public and private entities that it engages to assist in the

22  suppression of wildfires for their personnel and equipment,

23  including aircraft.

24         (b)  The Cross City Work center shall be named the L.

25  Earl Peterson Forestry Station. This is to honor Mr. L. Earl

26  Peterson, Florida's sixth state forester, a native of Dixie

27  County whose distinguished career in state government has

28  spanned 44 years.

29         Section 30.  Section 590.11, Florida Statutes, is

30  amended to read:

31         590.11  Recreational fires.--


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                                       CS/HB 1681, First Engrossed



  1         (1)  It is unlawful for any individual or group of

  2  individuals to build a warming fire, bonfire, or campfire and

  3  leave it unattended or unextinguished.

  4         (2)  Any person who violates a provision of this

  5  section commits a misdemeanor of the second degree, punishable

  6  as provided in s. 775.082 or s. 775.083.

  7         Section 31.  Paragraph (b) of subsection (3) and

  8  subsections (4) and (5) of section 590.125, Florida Statutes,

  9  are amended to read:

10         590.125  Open burning authorized by the division.--

11         (3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS

12  AND PURPOSE.--

13         (b)  Certified prescribed burning pertains only to

14  broadcast burning. It must be conducted in accordance with

15  this subsection and:

16         1.  May only be accomplished only when a certified

17  prescribed burn manager is present on site with a copy of the

18  prescription from ignition of the burn to its completion.

19         2.  Requires that a written prescription be prepared

20  before receiving authorization to burn from the division.

21         3.  Requires that the specific consent of the landowner

22  or his or her designee be obtained before requesting an

23  authorization.

24         4.  Requires that an authorization to burn be obtained

25  from the division before igniting the burn.

26         5.  Requires that there be adequate firebreaks at the

27  burn site and sufficient personnel and firefighting equipment

28  for the control of the fire.

29         6.  Is considered to be in the public interest and does

30  not constitute a public or private nuisance when conducted

31  under applicable state air pollution statutes and rules.


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                                       CS/HB 1681, First Engrossed



  1         7.  Is considered to be a property right of the

  2  property owner if vegetative fuels are burned as required in

  3  this subsection.

  4         (4)  WILDFIRE HAZARD REDUCTION TREATMENT BURNING BY THE

  5  DIVISION.--The division may conduct fuel reduction

  6  initiatives, including, but not limited to, burning and

  7  mechanical and chemical treatment, on prescribe burn any area

  8  of wild land within the state which is reasonably determined

  9  to be in danger of wildfire in accordance with the following

10  procedures:

11         (a)  Describe the areas that will receive fuels

12  treatment be prescribe burned to the affected local

13  governmental entity.

14         (b)  Publish a treatment prescribed burn notice,

15  including a description of the area to be treated burned, in a

16  conspicuous manner in at least one newspaper of general

17  circulation in the area of the treatment burn not less than 10

18  days before the treatment burn.

19         (c)  Prepare, and the county tax collector shall

20  include with the annual tax statement, a notice to be sent to

21  all landowners in each township designated by the division as

22  a wildfire hazard area. The notice must describe particularly

23  the area to be treated burned and the tentative date or dates

24  of the treatment burning and must list the reasons for and the

25  expected benefits from the wildfire hazard reduction

26  prescribed burning.

27         (d)  Consider any landowner objections to the fuels

28  treatment prescribed burning of his or her property. The

29  landowner may apply to the director of the division for a

30  review of alternative methods of fuel reduction on the

31  property. If the director or his or her designee does not


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                                       CS/HB 1681, First Engrossed



  1  resolve the landowner objection, the director shall convene a

  2  panel made up of the local forestry unit manager, the fire

  3  chief of the jurisdiction, and the affected county or city

  4  manager, or any of their designees. If the panel's

  5  recommendation is not acceptable to the landowner, the

  6  landowner may request further consideration by the

  7  Commissioner of Agriculture or his or her designee and shall

  8  thereafter be entitled to an administrative hearing pursuant

  9  to the provisions of chapter 120.

10         (5)  DUTIES OF AGENCIES.--The Department of Education

11  shall incorporate, where feasible and appropriate, the issues

12  of fuels treatment, including prescribed burning into its

13  educational materials.

14         Section 32.  Subsection (3) of section 590.14, Florida

15  Statutes, is amended to read:

16         590.14  Notice of violation; penalties.--

17         (3)  The department may also impose an administrative

18  fine, not to exceed $1,000 per violation of any section of

19  chapter 589 or this chapter. The fine shall be based upon the

20  degree of damage, and prior violation record of the person, or

21  the person knowingly providing false information to obtain an

22  authorization. The fines shall be deposited in the Incidental

23  Trust Fund of the division.

24         Section 33.  Subsection (4) is added to section

25  597.020, Florida Statutes, to read:

26         597.020  Shellfish processors; regulation.--

27         (4)  Any license or certification authorized and issued

28  under this chapter shall automatically expire on June 30 of

29  each year.

30         Section 34.  Section 604.40, Florida Statutes, is

31  created to read:


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                                       CS/HB 1681, First Engrossed



  1         604.40  Farm equipment.--Notwithstanding any other law,

  2  ordinance, rule or policy to the contrary, all power-drawn,

  3  power-driven or self-propelled equipment used on a farm may be

  4  stored, maintained, or repaired by the owner within the

  5  boundaries of the owner's farm and at least 50 feet away from

  6  any public road without limitation.

  7         Section 35.  Section 604.50, Florida Statutes, is

  8  amended to read:

  9         604.50  Nonresidential farm buildings.--Notwithstanding

10  any other law to the contrary, any nonresidential farm

11  building located on a farm is exempt from the Florida Building

12  Code and any county or municipal building code. For purposes

13  of this section, the term "nonresidential farm building" means

14  any building or support structure that is used for

15  agricultural purposes, located on a farm that is not used as a

16  residential dwelling, and is located on land that is an

17  integral part of a farm operation or is classified as

18  agricultural land pursuant to s. 193.461. The term "farm" is

19  as defined in s. 823.14.

20         Section 36.  Paragraph (a) of subsection (7) and

21  paragraph (a) of subsection (14) of section 616.242, Florida

22  Statutes, are amended to read:

23         616.242  Safety standards for amusement rides.--

24         (7)  DEPARTMENT INSPECTIONS.--

25         (a)  In order to obtain an annual permit, an amusement

26  ride must be inspected by the department in accordance with

27  subsection (11) and receive an inspection certificate. In

28  addition, each permanent amusement ride must be inspected

29  semiannually by the department in accordance with subsection

30  (11) and receive an inspection certificate, and each temporary

31  amusement ride must be inspected by the department in


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                                       CS/HB 1681, First Engrossed



  1  accordance with subsection (11), and must receive an

  2  inspection certificate each time the ride is set up or moved

  3  to a new location in this state unless the temporary amusement

  4  ride is:

  5         1.  Used at a private event; or

  6         2.  A simulator, the capacity of which does not exceed

  7  16 persons; or.

  8         3.  A kiddie ride used at a public event, provided that

  9  there are no more than three amusement rides at the event,

10  none of the kiddie rides at the event exceed a capacity of 12

11  persons, and the ride has an inspection certificate that was

12  issued within the preceding 6 months. The capacity of a kiddie

13  ride shall be determined by rule of the department, unless the

14  capacity of the ride has been determined and specified by the

15  manufacturer. Any owner of a kiddie ride operating under this

16  exemption is responsible for ensuring that no more than three

17  amusement rides are operated at the event.

18         (14)  REPORTING AND INVESTIGATION OF ACCIDENTS AND

19  DEFECTS; IMPOUNDMENTS.--

20         (a)  Any accident of which the owner or manager has

21  knowledge or, through the exercise of reasonable diligence

22  should have knowledge, and for which a patron is transported

23  to a hospital, as defined in chapter 395, must be reported by

24  the owner or manager to the department by telephone or

25  facsimile within 4 hours after the occurrence of the accident

26  and must be followed up by a written report to the department

27  within 24 hours after the occurrence of the accident.

28         Section 37.  (1)  The building known as the USDA

29  Service Center Building, located at 1700 Highway 17-98 South,

30  Bartow, Florida, is hereby designated as the John W. Hunt

31  Building.


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                                       CS/HB 1681, First Engrossed



  1         (2)  The Department of Agriculture and Consumer

  2  Services is authorized to erect a suitable marker for the

  3  designation made by this section.

  4         Section 38.  This act shall take effect July 1, 2002.

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