House Bill hb1681er

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  1                                 

  2         An act relating to agriculture and consumer

  3         services; transferring the Division of

  4         Licensing of the Department of State to the

  5         Department of Agriculture and Consumer

  6         Services; amending s. 20.10, F.S.; conforming

  7         provisions; amending s. 20.14, F.S.; creating

  8         the Division of Licensing in the Department of

  9         Agriculture and Consumer Services; amending ss.

10         493.6101, 493.6104, 493.6108, 493.6109,

11         493.6112, 493.6121, 790.06, F.S.; redesignating

12         the department with regulatory

13         responsibilities; creating s. 288.1175, F.S.;

14         amending s. 316.515, F.S.; revising the types

15         of equipment authorized for transporting farm

16         products; allowing the Department of

17         Transportation to issue certain permits;

18         amending s. 370.31, F.S.; transferring the

19         Sturgeon Production Working Group from the

20         Department of Environmental Protection to the

21         Department of Agriculture and Consumer

22         Services; revising membership and procedures;

23         amending s. 388.261, F.S.; revising provisions

24         relating to state aid to counties and districts

25         for arthropod control; prorating county funds

26         under certain circumstances; providing an

27         exemption from funding requirements under

28         certain circumstances; authorizing the use of

29         state funds when requested by a county or

30         district; authorizing funds for technical

31         assistance or to purchase equipment, supplies,


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  1         or services; amending s. 388.281, F.S.;

  2         revising uses for state matching funds;

  3         amending s. 388.361, F.S.; authorizing the

  4         Department of Agriculture and Consumer Services

  5         to cooperate with local agencies; authorizing

  6         collection, detection, suppression, and control

  7         of mosquitoes and arthropods on public or

  8         private land; amending s. 388.45, F.S.;

  9         clarifying provisions relating to threats to

10         public health and the issuance of declarations;

11         authorizing declaration of a threat to animal

12         health when certain conditions exist;

13         authorizing treatment or control measures;

14         amending s. 403.067, F.S.; authorizing

15         implementation of interim measures for

16         specified water bodies for which total maximum

17         daily load or allocation has not been

18         established; amending s. 403.707, F.S.;

19         authorizing the processing or disposal of

20         certain invasive exotic plant species;

21         authorizing the Department of Environmental

22         Protection to adopt rules; amending s. 403.709,

23         F.S.; deleting the minimum county allocation to

24         local mosquito control agencies from waste tire

25         fees; amending s. 482.277, F.S.; revising

26         requirements relating to guarantees and

27         warranties in contracts for treatment of

28         wood-destroying organisms; declaring

29         legislative intent with respect to such

30         warranties and guarantees; amending s.

31         482.2401, F.S.; adding education in pest


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  1         control as an approved use of administrative

  2         fine revenues; creating s. 482.243, F.S.;

  3         creating the Pest Control Enforcement Advisory

  4         Council in the department; providing for

  5         membership, terms, and procedures; providing

  6         powers and duties; amending s. 487.041, F.S.;

  7         increasing the annual registration fee for a

  8         registered pesticide; amending s. 500.121,

  9         F.S.; providing sanctions for nutrient labeling

10         violations; amending s. 500.148, F.S.;

11         authorizing the department to issue a report

12         certifying food establishment compliance with

13         sanitation and permitting requirements for food

14         exportation purposes; authorizing fees;

15         amending s. 501.160, F.S.; providing for

16         enforcement of prohibitions of unconscionable

17         prices on rental or sale of essential

18         commodities; amending s. 570.07, F.S.;

19         authorizing the department to provide meals

20         when personnel cannot leave emergency incident

21         locations; amending s. 573.124, F.S.;

22         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 the Department of Agriculture

27         and Consumer Services to periodically review

28         the state lists of noxious weeds and invasive

29         plants; requiring water management districts

30         and local governments to use the lists when

31         identifying noxious weeds, invasive plants, and


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  1         certain other plants pursuant to rule,

  2         ordinance or regulation; amending s. 585.002,

  3         F.S.; authorizing the department to set fees

  4         for additional services relating to the animal

  5         industry; amending s. 585.08, F.S.; authorizing

  6         the Division of Animal Industry, under certain

  7         circumstances, to condemn and destroy an animal

  8         that is liable to spread contagious,

  9         infectious, or communicable disease; amending

10         s. 585.09, F.S.; conforming a cross-reference;

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

12         limitations on payments to owners of condemned

13         and destroyed animals; amending s. 585.11,

14         F.S.; authorizing the department to cooperate

15         with United States Department of Agriculture

16         accredited private veterinarians; amending s.

17         585.21, F.S.; requiring written permission of

18         the department prior to sale in the state of

19         certain biological products; amending s.

20         585.61, F.S.; increasing fees for use of animal

21         disease diagnostic laboratories; amending s.

22         590.02, F.S.; revising the powers of the

23         Division of Forestry; providing that certain

24         managerial positions are classified under the

25         Selected Exempt Service; naming the Cross City

26         Work Center the L. Earl Peterson Forestry

27         Station; amending s. 590.11, F.S.; providing a

28         criminal penalty for violation of recreational

29         fire provisions; amending s. 590.125, F.S.;

30         revising requirements for certified prescribed

31         burning; renaming procedures for protecting


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  1         wild lands from wildfires; amending s. 597.020,

  2         F.S.; requiring aquaculture licenses and

  3         certifications to expire annually; amending s.

  4         616.242, F.S.; providing that certain kiddie

  5         rides shall be exempt from the requirement for

  6         receipt of an inspection certificate each time

  7         the ride is set up; revising accident-reporting

  8         requirements; amending s. 496.404, F.S.;

  9         redefining the term "educational institutions";

10         designating the U.S.D.A. Service Center

11         Building in Bartow as the John W. Hunt

12         Building; amending s. 316.640, F.S.;

13         eliminating certain limitations on the

14         authority of the Office of Agricultural Law

15         Enforcement; amending s. 570.073, F.S.;

16         specifying duties of the Office of Agricultural

17         Law Enforcement with respect to its

18         jurisdiction over violations of law which

19         threaten the security and safety of agriculture

20         and consumer services; authorizing the office

21         to enforce civil traffic offenses and laws

22         relating to the responsibilities of the

23         Commissioner of Agriculture; specifying that

24         officers within the department have the full

25         powers granted to other peace officers of this

26         state; authorizing the commission to appoint

27         part-time, reserve, or auxiliary law

28         enforcement officers; amending s. 163.05, F.S.;

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

30         relating to conservation easements and rural

31         land protection easements; amending s. 590.14,


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  1         F.S.; revising criteria for determining

  2         administrative fines for violation of

  3         provisions relating to forestry; creating s.

  4         604.40, F.S.; providing regulations regarding

  5         equipment used on a farm; amending s. 604.50,

  6         F.S.; clarifying the definition of a

  7         nonresidential farm building; providing an

  8         appropriation and one position; providing an

  9         appropriation; creating ch. 261, F.S.; creating

10         the T. Mark Schmidt Off-Highway Vehicle Safety

11         and Recreation Act; providing legislative

12         findings and intent; providing definitions;

13         creating the Off-Highway Vehicle Recreation

14         Advisory Committee effective July 1, 2003;

15         providing membership, duties, and

16         responsibilities of the committee; providing

17         functions, duties, and responsibilities of the

18         Department of Agriculture and Consumer

19         Services; requiring the department to review

20         certain public lands and make a report to the

21         Governor and the Legislature; providing

22         rulemaking authority; providing for the

23         publication and distribution of a guidebook;

24         providing for the repair, maintenance, and

25         rehabilitation of areas, trails, and lands;

26         providing for contracts and agreements;

27         providing criteria for recreation areas and

28         trails; providing a penalty; providing for the

29         use of designated off-highway vehicle funds

30         within the Incidental Trust Fund of the

31         Division of Forestry of the department;


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  1         amending s. 316.2074, F.S.; revising the

  2         definition of the term "all-terrain vehicle";

  3         prohibiting the use of all-terrain vehicles on

  4         public roadways in the state; providing

  5         exceptions; creating the Florida Off-Highway

  6         Vehicle Titling Act; providing legislative

  7         intent; providing definitions; providing for

  8         administration by the Department of Highway

  9         Safety and Motor Vehicles; providing for rules,

10         forms, and notices; requiring certificates of

11         title; providing for application for and

12         issuance of certificates of title; providing

13         for duplicate certificates of title; requiring

14         the furnishing of a manufacturer's statement of

15         origin; providing for fees; providing for

16         disposition of fees; providing authority to

17         refuse to issue and to cancel a certificate of

18         title; providing crimes relating to

19         certificates of title; providing penalties;

20         providing noncriminal infractions; providing

21         penalties; amending s. 375.313, F.S.; deleting

22         fee collection responsibility of the Fish and

23         Wildlife Conservation Commission for

24         registration of off-road vehicles; repealing s.

25         375.315, F.S., relating to the registration of

26         off-road vehicles by the commission; amending

27         s. 163.3177, F.S.; revising requirements for

28         future land use plans; amending s. 163.01,

29         F.S.; revising provisions with respect to the

30         Florida Interlocal Cooperation Act of 1969;

31         authorizing entities to finance certain


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  1         facilities under the act; providing effective

  2         dates.

  3  

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

  5  

  6         Section 1.  Effective January 3, 2003, pursuant to

  7  section 20.06(2), Florida Statutes, the Division of Licensing

  8  of the Department of State is transferred by a type two

  9  transfer to the Department of Agriculture and Consumer

10  Services and reestablished as a division within that

11  department. Notwithstanding the provisions of section

12  20.06(2)(b), Florida Statutes, the Commissioner of Agriculture

13  is not authorized to reconfigure the division or its units or

14  subunits, or to modify its structure, duties, programs,

15  activities, or functions, or to reassign any funds from any

16  trust fund supporting those duties, programs, activities, or

17  functions.

18         Section 2.  Effective January 3, 2003, subsection (2)

19  of section 20.10, Florida Statutes, is amended to read:

20         20.10  Department of State.--There is created a

21  Department of State.

22         (2)  The following divisions of the Department of State

23  are established:

24         (a)  Division of Elections.

25         (b)  Division of Historical Resources.

26         (c)  Division of Corporations.

27         (d)  Division of Library and Information Services.

28         (e)  Division of Licensing.

29         (e)(f)  Division of Cultural Affairs.

30         (f)(g)  Division of Administration.

31  


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  1         Section 3.  Effective January 3, 2003, subsection (2)

  2  of section 20.14, Florida Statutes, is amended to read:

  3         20.14  Department of Agriculture and Consumer

  4  Services.--There is created a Department of Agriculture and

  5  Consumer Services.

  6         (2)  The following divisions of the Department of

  7  Agriculture and Consumer Services are established:

  8         (a)  Administration.

  9         (b)  Agricultural Environmental Services.

10         (c)  Animal Industry.

11         (d)  Aquaculture.

12         (e)  Consumer Services.

13         (f)  Dairy Industry.

14         (g)  Food Safety.

15         (h)  Forestry.

16         (i)  Fruit and Vegetables.

17         (j)  Licensing.

18         (k)(j)  Marketing and Development.

19         (l)(k)  Plant Industry.

20         (m)(l)  Standards.

21         Section 4.  Effective January 3, 2003, subsection (1)

22  of section 493.6101, Florida Statutes, is amended to read:

23         493.6101  Definitions.--

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

25  and Consumer Services State.

26         Section 5.  Effective January 3, 2003, subsection (2)

27  of section 493.6104, Florida Statutes, is amended to read:

28         493.6104  Advisory council.--

29         (2)  Council members shall be appointed by the

30  Commissioner of Agriculture Secretary of State for a 4-year

31  term.  In the event of an appointment to fill an unexpired


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  1  term, the appointment shall be for no longer than the

  2  remainder of the unexpired term. No member may serve more than

  3  two full consecutive terms. Members may be removed by the

  4  Commissioner of Agriculture Secretary of State for cause.

  5  Cause shall include, but is not limited to, absences from two

  6  consecutive meetings.

  7         Section 6.  Effective January 3, 2003, section

  8  493.6108, Florida Statutes, is amended to read:

  9         493.6108  Investigation of applicants by Department of

10  Agriculture and Consumer Services State.--

11         (1)  Except as otherwise provided, prior to the

12  issuance of a license under this chapter, the department shall

13  make an investigation of the applicant for a license.  The

14  investigation shall include:

15         (a)1.  An examination of fingerprint records and police

16  records. When a criminal history analysis of any applicant

17  under this chapter is performed by means of fingerprint card

18  identification, the time limitations prescribed by s.

19  120.60(1) shall be tolled during the time the applicant's

20  fingerprint card is under review by the Department of Law

21  Enforcement or the United States Department of Justice,

22  Federal Bureau of Investigation.

23         2.  If a legible set of fingerprints, as determined by

24  the Department of Law Enforcement or the Federal Bureau of

25  Investigation, cannot be obtained after two attempts, the

26  Department of Agriculture and Consumer Services State may

27  determine the applicant's eligibility based upon a criminal

28  history record check under the applicant's name conducted by

29  the Department of Law Enforcement and the Federal Bureau of

30  Investigation. A set of fingerprints taken by a law

31  enforcement agency and a written statement signed by the


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  1  fingerprint technician or a licensed physician stating that

  2  there is a physical condition that precludes obtaining a

  3  legible set of fingerprints or that the fingerprints taken are

  4  the best that can be obtained is sufficient to meet this

  5  requirement.

  6         (b)  An inquiry to determine if the applicant has been

  7  adjudicated incompetent under chapter 744 or has been

  8  committed to a mental institution under chapter 394.

  9         (c)  Such other investigation of the individual as the

10  department may deem necessary.

11         (2)  In addition to subsection (1), the department

12  shall make an investigation of the general physical fitness of

13  the Class "G" applicant to bear a weapon or firearm.

14  Determination of physical fitness shall be certified by a

15  physician currently licensed pursuant to chapter 458, chapter

16  459, or any similar law of another state or authorized to act

17  as a licensed physician by a federal agency or department.

18  Such certification shall be submitted on a form provided by

19  the department.

20         (3)  The department shall also investigate the mental

21  history and current mental and emotional fitness of any Class

22  "G" applicant, and may deny a Class "G" license to anyone who

23  has a history of mental illness or drug or alcohol abuse.

24         Section 7.  Effective January 3, 2003, subsection (2)

25  of section 493.6109, Florida Statutes, is amended to read:

26         493.6109  Reciprocity.--

27         (2)  The rules authorized in subsection (1) may be

28  promulgated only if:

29         (a)  The other state or territory has requirements

30  which are substantially similar to or greater than those

31  established in this chapter.


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  1         (b)  The applicant has engaged in licensed activities

  2  for at least 1 year in the other state or territory with no

  3  disciplinary action against him or her.

  4         (c)  The Commissioner of Agriculture Secretary of State

  5  or other appropriate authority of the other state or territory

  6  agrees to accept service of process for those licensees who

  7  are operating in this state on a temporary basis.

  8         Section 8.  Effective January 3, 2003, section

  9  493.6112, Florida Statutes, is amended to read:

10         493.6112  Notification to Department of Agriculture and

11  Consumer Services State of changes of partner or officer or

12  employees.--

13         (1)  After filing the application, unless the

14  department declines to issue the license or revokes it after

15  issuance, an agency or school shall, within 5 working days of

16  the withdrawal, removal, replacement, or addition of any or

17  all partners or officers, notify and file with the department

18  complete applications for such individuals.  The agency's or

19  school's good standing under this chapter shall be contingent

20  upon the department's approval of any new partner or officer.

21         (2)  Each agency or school shall, upon the employment

22  or termination of employment of a licensee, report such

23  employment or termination immediately to the department and,

24  in the case of a termination, report the reason or reasons

25  therefor.  The report shall be on a form prescribed by the

26  department.

27         Section 9.  Effective January 3, 2003, subsection (7)

28  of section 493.6121, Florida Statutes, is amended to read:

29         493.6121  Enforcement; investigation.--

30         (7)  The Department of Legal Affairs shall represent

31  the Department of Agriculture and Consumer Services State in


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  1  judicial proceedings seeking enforcement of this chapter, or

  2  upon an action by any party seeking redress against the

  3  department, and shall coordinate with the department in the

  4  conduct of any investigations incident to its legal

  5  responsibility.

  6         Section 10.  Effective January 3, 2003, section 790.06,

  7  Florida Statutes, is amended to read:

  8         790.06  License to carry concealed weapon or firearm.--

  9         (1)  The Department of Agriculture and Consumer

10  Services State is authorized to issue licenses to carry

11  concealed weapons or concealed firearms to persons qualified

12  as provided in this section. Each such license must bear a

13  color photograph of the licensee. For the purposes of this

14  section, concealed weapons or concealed firearms are defined

15  as a handgun, electronic weapon or device, tear gas gun,

16  knife, or billie, but the term does not include a machine gun

17  as defined in s. 790.001(9). Such licenses shall be valid

18  throughout the state for a period of 5 years from the date of

19  issuance. Any person in compliance with the terms of such

20  license may carry a concealed weapon or concealed firearm

21  notwithstanding the provisions of s. 790.01. The licensee must

22  carry the license, together with valid identification, at all

23  times in which the licensee is in actual possession of a

24  concealed weapon or firearm and must display both the license

25  and proper identification upon demand by a law enforcement

26  officer. Violations of the provisions of this subsection shall

27  constitute a noncriminal violation with a penalty of $25,

28  payable to the clerk of the court.

29         (2)  The Department of Agriculture and Consumer

30  Services State shall issue a license if the applicant:

31  


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  1         (a)  Is a resident of the United States or is a

  2  consular security official of a foreign government that

  3  maintains diplomatic relations and treaties of commerce,

  4  friendship, and navigation with the United States and is

  5  certified as such by the foreign government and by the

  6  appropriate embassy in this country;

  7         (b)  Is 21 years of age or older;

  8         (c)  Does not suffer from a physical infirmity which

  9  prevents the safe handling of a weapon or firearm;

10         (d)  Is not ineligible to possess a firearm pursuant to

11  s. 790.23 by virtue of having been convicted of a felony;

12         (e)  Has not been committed for the abuse of a

13  controlled substance or been found guilty of a crime under the

14  provisions of chapter 893 or similar laws of any other state

15  relating to controlled substances within a 3-year period

16  immediately preceding the date on which the application is

17  submitted;

18         (f)  Does not chronically and habitually use alcoholic

19  beverages or other substances to the extent that his or her

20  normal faculties are impaired. It shall be presumed that an

21  applicant chronically and habitually uses alcoholic beverages

22  or other substances to the extent that his or her normal

23  faculties are impaired if the applicant has been committed

24  under chapter 397 or under the provisions of former chapter

25  396 or has been convicted under s. 790.151 or has been deemed

26  a habitual offender under s. 856.011(3), or has had two or

27  more convictions under s. 316.193 or similar laws of any other

28  state, within the 3-year period immediately preceding the date

29  on which the application is submitted;

30         (g)  Desires a legal means to carry a concealed weapon

31  or firearm for lawful self-defense;


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  1         (h)  Demonstrates competence with a firearm by any one

  2  of the following:

  3         1.  Completion of any hunter education or hunter safety

  4  course approved by the Fish and Wildlife Conservation

  5  Commission or a similar agency of another state;

  6         2.  Completion of any National Rifle Association

  7  firearms safety or training course;

  8         3.  Completion of any firearms safety or training

  9  course or class available to the general public offered by a

10  law enforcement, junior college, college, or private or public

11  institution or organization or firearms training school,

12  utilizing instructors certified by the National Rifle

13  Association, Criminal Justice Standards and Training

14  Commission, or the Department of State;

15         4.  Completion of any law enforcement firearms safety

16  or training course or class offered for security guards,

17  investigators, special deputies, or any division or

18  subdivision of law enforcement or security enforcement;

19         5.  Presents evidence of equivalent experience with a

20  firearm through participation in organized shooting

21  competition or military service;

22         6.  Is licensed or has been licensed to carry a firearm

23  in this state or a county or municipality of this state,

24  unless such license has been revoked for cause; or

25         7.  Completion of any firearms training or safety

26  course or class conducted by a state-certified or National

27  Rifle Association certified firearms instructor;

28  

29  A photocopy of a certificate of completion of any of the

30  courses or classes; or an affidavit from the instructor,

31  school, club, organization, or group that conducted or taught


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  1  said course or class attesting to the completion of the course

  2  or class by the applicant; or a copy of any document which

  3  shows completion of the course or class or evidences

  4  participation in firearms competition shall constitute

  5  evidence of qualification under this paragraph; any person who

  6  conducts a course pursuant to subparagraph 2., subparagraph

  7  3., or subparagraph 7., or who, as an instructor, attests to

  8  the completion of such courses, must maintain records

  9  certifying that he or she observed the student safely handle

10  and discharge the firearm;

11         (i)  Has not been adjudicated an incapacitated person

12  under s. 744.331, or similar laws of any other state, unless 5

13  years have elapsed since the applicant's restoration to

14  capacity by court order;

15         (j)  Has not been committed to a mental institution

16  under chapter 394, or similar laws of any other state, unless

17  the applicant produces a certificate from a licensed

18  psychiatrist that he or she has not suffered from disability

19  for at least 5 years prior to the date of submission of the

20  application;

21         (k)  Has not had adjudication of guilt withheld or

22  imposition of sentence suspended on any felony or misdemeanor

23  crime of domestic violence unless 3 years have elapsed since

24  probation or any other conditions set by the court have been

25  fulfilled, or the record has been sealed or expunged;

26         (l)  Has not been issued an injunction that is

27  currently in force and effect and that restrains the applicant

28  from committing acts of domestic violence or acts of repeat

29  violence; and

30         (m)  Is not prohibited from purchasing or possessing a

31  firearm by any other provision of Florida or federal law.


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  1         (3)  The Department of Agriculture and Consumer

  2  Services State shall deny a license if the applicant has been

  3  found guilty of, had adjudication of guilt withheld for, or

  4  had imposition of sentence suspended for one or more crimes of

  5  violence constituting a misdemeanor, unless 3 years have

  6  elapsed since probation or any other conditions set by the

  7  court have been fulfilled or the record has been sealed or

  8  expunged. The Department of Agriculture and Consumer Services

  9  State shall revoke a license if the licensee has been found

10  guilty of, had adjudication of guilt withheld for, or had

11  imposition of sentence suspended for one or more crimes of

12  violence within the preceding 3 years.  The department shall,

13  upon notification by a law enforcement agency, a court, or the

14  Florida Department of Law Enforcement and subsequent written

15  verification, suspend a license or the processing of an

16  application for a license if the licensee or applicant is

17  arrested or formally charged with a crime that would

18  disqualify such person from having a license under this

19  section, until final disposition of the case. The department

20  shall suspend a license or the processing of an application

21  for a license if the licensee or applicant is issued an

22  injunction that restrains the licensee or applicant from

23  committing acts of domestic violence or acts of repeat

24  violence.

25         (4)  The application shall be completed, under oath, on

26  a form promulgated by the Department of Agriculture and

27  Consumer Services State and shall include:

28         (a)  The name, address, place and date of birth, race,

29  and occupation of the applicant;

30         (b)  A statement that the applicant is in compliance

31  with criteria contained within subsections (2) and (3);


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  1         (c)  A statement that the applicant has been furnished

  2  a copy of this chapter and is knowledgeable of its provisions;

  3         (d)  A conspicuous warning that the application is

  4  executed under oath and that a false answer to any question,

  5  or the submission of any false document by the applicant,

  6  subjects the applicant to criminal prosecution under s.

  7  837.06; and

  8         (e)  A statement that the applicant desires a concealed

  9  weapon or firearms license as a means of lawful self-defense.

10         (5)  The applicant shall submit to the Department of

11  Agriculture and Consumer Services State:

12         (a)  A completed application as described in subsection

13  (4).

14         (b)  A nonrefundable license fee not to exceed $85, if

15  he or she has not previously been issued a statewide license,

16  or a nonrefundable license fee not to exceed $70 for renewal

17  of a statewide license. Costs for processing the set of

18  fingerprints as required in paragraph (c) shall be borne by

19  the applicant. However, an individual holding an active

20  certification from the Criminal Justice Standards and Training

21  Commission as a "law enforcement officer," "correctional

22  officer," or "correctional probation officer" as defined in s.

23  943.10(1), (2), (3), (6), (7), (8), or (9) is exempt from the

24  licensing requirements of this section.  If any individual

25  holding an active certification from the Criminal Justice

26  Standards and Training Commission as a "law enforcement

27  officer," a "correctional officer," or a "correctional

28  probation officer" as defined in s.  943.10(1), (2), (3), (6),

29  (7), (8), or (9) wishes to receive a concealed weapons or

30  firearms license, such person is exempt from the background

31  investigation and all background investigation fees, but shall


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  1  pay the current license fees regularly required to be paid by

  2  nonexempt applicants. Further, a law enforcement officer, a

  3  correctional officer, or a correctional probation officer as

  4  defined in s. 943.10(1), (2), or (3) is exempt from the

  5  required fees and background investigation for a period of 1

  6  year subsequent to the date of retirement of said officer as a

  7  law enforcement officer, a correctional officer, or a

  8  correctional probation officer.

  9         (c)  A full set of fingerprints of the applicant

10  administered by a law enforcement agency.

11         (d)  A photocopy of a certificate or an affidavit or

12  document as described in paragraph (2)(h).

13         (e)  A full frontal view color photograph of the

14  applicant taken within the preceding 30 days, in which the

15  head, including hair, measures  7/8  of an inch wide and 1 1/8

16   inches high.

17         (6)(a)  The Department of Agriculture and Consumer

18  Services State, upon receipt of the items listed in subsection

19  (5), shall forward the full set of fingerprints of the

20  applicant to the Department of Law Enforcement for state and

21  federal processing, provided the federal service is available,

22  to be processed for any criminal justice information as

23  defined in s. 943.045. The cost of processing such

24  fingerprints shall be payable to the Department of Law

25  Enforcement by the Department of Agriculture and Consumer

26  Services State.

27         (b)  The sheriff's office shall provide fingerprinting

28  service if requested by the applicant and may charge a fee not

29  to exceed $5 for this service.

30  

31  


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  1         (c)  The Department of Agriculture and Consumer

  2  Services State shall, within 90 days after the date of receipt

  3  of the items listed in subsection (5):

  4         1.  Issue the license; or

  5         2.  Deny the application based solely on the ground

  6  that the applicant fails to qualify under the criteria listed

  7  in subsection (2) or subsection (3).  If the Department of

  8  Agriculture and Consumer Services State denies the

  9  application, it shall notify the applicant in writing, stating

10  the ground for denial and informing the applicant of any right

11  to a hearing pursuant to chapter 120.

12         3.  In the event the department receives criminal

13  history information with no final disposition on a crime which

14  may disqualify the applicant, the time limitation prescribed

15  by this paragraph may be suspended until receipt of the final

16  disposition or proof of restoration of civil and firearm

17  rights.

18         (d)  In the event a legible set of fingerprints, as

19  determined by the Department of Agriculture and Consumer

20  Services State or the Federal Bureau of Investigation, cannot

21  be obtained after two attempts, the Department of Agriculture

22  and Consumer Services State shall determine eligibility based

23  upon the name checks conducted by the Florida Department of

24  Law Enforcement.

25         (e)  A consular security official of a foreign

26  government that maintains diplomatic relations and treaties of

27  commerce, friendship, and navigation with the United States

28  and is certified as such by the foreign government and by the

29  appropriate embassy in this country must be issued a license

30  within 20 days after the date of the receipt of a completed

31  application, certification document, color photograph as


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  1  specified in paragraph (5)(e), and a nonrefundable license fee

  2  of $300. Consular security official licenses shall be valid

  3  for 1 year and may be renewed upon completion of the

  4  application process as provided in this section.

  5         (7)  The Department of Agriculture and Consumer

  6  Services State shall maintain an automated listing of

  7  licenseholders and pertinent information, and such information

  8  shall be available on-line, upon request, at all times to all

  9  law enforcement agencies through the Florida Crime Information

10  Center.

11         (8)  Within 30 days after the changing of a permanent

12  address, or within 30 days after having a license lost or

13  destroyed, the licensee shall notify the Department of

14  Agriculture and Consumer Services State of such change.

15  Failure to notify the Department of Agriculture and Consumer

16  Services State pursuant to the provisions of this subsection

17  shall constitute a noncriminal violation with a penalty of

18  $25.

19         (9)  In the event that a concealed weapon or firearm

20  license is lost or destroyed, the license shall be

21  automatically invalid, and the person to whom the same was

22  issued may, upon payment of $15 to the Department of

23  Agriculture and Consumer Services State, obtain a duplicate,

24  or substitute thereof, upon furnishing a notarized statement

25  to the Department of Agriculture and Consumer Services State

26  that such license has been lost or destroyed.

27         (10)  A license issued under this section shall be

28  suspended or revoked pursuant to chapter 120 if the licensee:

29         (a)  Is found to be ineligible under the criteria set

30  forth in subsection (2);

31  


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  1         (b)  Develops or sustains a physical infirmity which

  2  prevents the safe handling of a weapon or firearm;

  3         (c)  Is convicted of a felony which would make the

  4  licensee ineligible to possess a firearm pursuant to s.

  5  790.23;

  6         (d)  Is found guilty of a crime under the provisions of

  7  chapter 893, or similar laws of any other state, relating to

  8  controlled substances;

  9         (e)  Is committed as a substance abuser under chapter

10  397, or is deemed a habitual offender under s. 856.011(3), or

11  similar laws of any other state;

12         (f)  Is convicted of a second violation of s. 316.193,

13  or a similar law of another state, within 3 years of a

14  previous conviction of such section, or similar law of another

15  state, even though the first violation may have occurred prior

16  to the date on which the application was submitted;

17         (g)  Is adjudicated an incapacitated person under s.

18  744.331, or similar laws of any other state; or

19         (h)  Is committed to a mental institution under chapter

20  394, or similar laws of any other state.

21         (11)  No less than 90 days prior to the expiration date

22  of the license, the Department of Agriculture and Consumer

23  Services State shall mail to each licensee a written notice of

24  the expiration and a renewal form prescribed by the Department

25  of Agriculture and Consumer Services State. The licensee must

26  renew his or her license on or before the expiration date by

27  filing with the Department of Agriculture and Consumer

28  Services State the renewal form containing a notarized

29  affidavit stating that the licensee remains qualified pursuant

30  to the criteria specified in subsections (2) and (3), a color

31  photograph as specified in paragraph (5)(e), and the required


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  1  renewal fee. Out-of-state residents must also submit a

  2  completed fingerprint card and fingerprint processing fee.

  3  The license shall be renewed upon receipt of the completed

  4  renewal form, color photograph, appropriate payment of fees,

  5  and, if applicable, a completed fingerprint card.

  6  Additionally, a licensee who fails to file a renewal

  7  application on or before its expiration date must renew his or

  8  her license by paying a late fee of $15.  No license shall be

  9  renewed 6 months or more after its expiration date, and such

10  license shall be deemed to be permanently expired. A person

11  whose license has been permanently expired may reapply for

12  licensure; however, an application for licensure and fees

13  pursuant to subsection (5) must be submitted, and a background

14  investigation shall be conducted pursuant to the provisions of

15  this section. Persons who knowingly file false information

16  pursuant to this subsection shall be subject to criminal

17  prosecution under s. 837.06.

18         (12)  No license issued pursuant to this section shall

19  authorize any person to carry a concealed weapon or firearm

20  into any place of nuisance as defined in s. 823.05; any

21  police, sheriff, or highway patrol station; any detention

22  facility, prison, or jail; any courthouse; any courtroom,

23  except that nothing in this section would preclude a judge

24  from carrying a concealed weapon or determining who will carry

25  a concealed weapon in his or her courtroom; any polling place;

26  any meeting of the governing body of a county, public school

27  district, municipality, or special district; any meeting of

28  the Legislature or a committee thereof; any school, college,

29  or professional athletic event not related to firearms; any

30  school administration building; any portion of an

31  establishment licensed to dispense alcoholic beverages for


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  1  consumption on the premises, which portion of the

  2  establishment is primarily devoted to such purpose; any

  3  elementary or secondary school facility; any area technical

  4  center; any college or university facility unless the licensee

  5  is a registered student, employee, or faculty member of such

  6  college or university and the weapon is a stun gun or

  7  nonlethal electric weapon or device designed solely for

  8  defensive purposes and the weapon does not fire a dart or

  9  projectile; inside the passenger terminal and sterile area of

10  any airport, provided that no person shall be prohibited from

11  carrying any legal firearm into the terminal, which firearm is

12  encased for shipment for purposes of checking such firearm as

13  baggage to be lawfully transported on any aircraft; or any

14  place where the carrying of firearms is prohibited by federal

15  law.  Any person who willfully violates any provision of this

16  subsection commits a misdemeanor of the second degree,

17  punishable as provided in s. 775.082 or s. 775.083.

18         (13)  All moneys collected by the department pursuant

19  to this section shall be deposited in the Division of

20  Licensing Trust Fund, and the Legislature shall appropriate

21  from the fund those amounts deemed necessary to administer the

22  provisions of this section.  All revenues collected, less

23  those costs determined by the Department of Agriculture and

24  Consumer Services State to be nonrecurring or one-time costs,

25  shall be deferred over the 3-year licensure period.

26  Notwithstanding the provisions of s. 493.6117, all moneys

27  collected pursuant to this section shall not revert to the

28  General Revenue Fund; however, this shall not abrogate the

29  requirement for payment of the service charge imposed pursuant

30  to chapter 215.

31  


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  1         (14)  All funds received by the sheriff pursuant to the

  2  provisions of this section shall be deposited into the general

  3  revenue fund of the county and shall be budgeted to the

  4  sheriff.

  5         (15)  The Legislature finds as a matter of public

  6  policy and fact that it is necessary to provide statewide

  7  uniform standards for issuing licenses to carry concealed

  8  weapons and firearms for self-defense and finds it necessary

  9  to occupy the field of regulation of the bearing of concealed

10  weapons or firearms for self-defense to ensure that no honest,

11  law-abiding person who qualifies under the provisions of this

12  section is subjectively or arbitrarily denied his or her

13  rights.  The Department of Agriculture and Consumer Services

14  State shall implement and administer the provisions of this

15  section.  The Legislature does not delegate to the Department

16  of Agriculture and Consumer Services State the authority to

17  regulate or restrict the issuing of licenses provided for in

18  this section, beyond those provisions contained in this

19  section.  Subjective or arbitrary actions or rules which

20  encumber the issuing process by placing burdens on the

21  applicant beyond those sworn statements and specified

22  documents detailed in this section or which create

23  restrictions beyond those specified in this section are in

24  conflict with the intent of this section and are prohibited.

25  This section shall be liberally construed to carry out the

26  constitutional right to bear arms for self-defense. This

27  section is supplemental and additional to existing rights to

28  bear arms, and nothing in this section shall impair or

29  diminish such rights.

30  

31  


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  1         (16)  The Department of Agriculture and Consumer

  2  Services State shall maintain statistical information on the

  3  number of licenses issued, revoked, suspended, and denied.

  4         (17)  As amended by chapter 87-24, Laws of Florida,

  5  this section shall be known and may be cited as the "Jack

  6  Hagler Self Defense Act."

  7         Section 11.  Subsection (5) of section 316.515, Florida

  8  Statutes, is amended to read:

  9         316.515  Maximum width, height, length.--

10         (5)  IMPLEMENTS OF HUSBANDRY, AGRICULTURAL TRAILERS,

11  SAFETY REQUIREMENTS.--Notwithstanding any other provisions of

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

13  50 feet in length, or any combination of up to and including

14  three implements of husbandry including the towing power unit,

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

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

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

18  or other perishable farm products from their point of

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

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

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

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

23  combination of vehicles otherwise complies with this section.

24  Such vehicles shall be operated in accordance with all safety

25  requirements prescribed by law and Department of

26  Transportation rules. The Department of Transportation may

27  issue overlength permits for cotton module movers greater than

28  50 feet but not more than 55 feet in overall length.

29         Section 12.  Subsections (2) and (3) of section 370.31,

30  Florida Statutes, are amended to read:

31         370.31  Commercial production of sturgeon.--


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

  2  is created within the Department of Agriculture and Consumer

  3  Services Environmental Protection and shall be composed of

  4  seven six members as follows:

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

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

  7  Agricultural Sciences.  Such member shall be appointed by the

  8  University of Florida's Vice President for Agricultural

  9  Affairs.

10         (b)  One representative from the Department of

11  Environmental Protection to be appointed by the Secretary of

12  Environmental Protection.

13         (c)  One representative from the Fish and Wildlife

14  Conservation Commission to be appointed by the executive

15  director of the Fish and Wildlife Conservation Commission.

16         (d)  One representative from the Department of

17  Agriculture and Consumer Services to be appointed by the

18  Commissioner of Agriculture.

19         (e)  Two representatives from the aquaculture industry

20  to be appointed by the Aquaculture Review Council.

21         (f)  One representative from a private nonprofit

22  organization involved in sturgeon production work, to be

23  appointed by the Commissioner of Agriculture.

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

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

26  chair and, vice chair, and secretary.

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

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

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

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

31  


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  1  other working group members and then notify any remaining

  2  members of the meeting.

  3         (b)  The Department of Agriculture and Consumer

  4  Services secretary shall keep a complete record of the

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

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

  7  records shall be kept on file with the Department of

  8  Environmental Protection with copies filed with the Department

  9  of Fisheries and Aquatic Sciences at the University of

10  Florida.  The records shall be public records pursuant to

11  chapter 119.

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

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

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

15  including attendance at meetings, as allowed public officers

16  and employees pursuant to s. 112.061 one representative from

17  the Department of Environmental Protection, one representative

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

19  least two other members.

20         Section 13.  Section 388.261, Florida Statutes, is

21  amended to read:

22         388.261  State aid to counties and districts for

23  arthropod control; distribution priorities and limitations.--

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

25  derived either by special tax levy or funds appropriated or

26  otherwise made available for the control of mosquitoes and

27  other arthropods under a plan submitted by the county or

28  district and upon approval by the department, shall be

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

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

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


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  1  county or district may, without contributing matching funds,

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

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

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

  5  mosquitoes and other arthropods which serves an area not

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

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

  8  by the department.

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

10  local funds to be used exclusively for the control of

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

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

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

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

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

16  local funds budgeted for such control.  Should state funds

17  appropriated by the Legislature be insufficient to grant each

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

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

20  department shall prorate said state funds based on the amount

21  of matchable local funds budgeted for expenditure by each

22  county or district.

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

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

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

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

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

28  during any one year.

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

30  to local governments for arthropod control may be used for

31  


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  1  arthropod control research or demonstration projects as

  2  approved by the department.

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

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

  5  agencies based on the population served by each agency.

  6         (6)  The Commissioner of Agriculture may exempt

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

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

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

10  necessary for the immediate control of mosquitoes and other

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

12         (7)  The department may use state funds appropriated

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

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

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

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

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

18  percent of the funds appropriated annually by the Legislature

19  under this section to provide technical assistance to the

20  counties or districts, or to purchase equipment, supplies, or

21  services necessary to administer the provisions of this

22  chapter.

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

24  Statutes, is amended to read:

25         388.281  Use of state matching funds.--

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

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

28  exclusively for an integrated program that provides a

29  combination of mosquito control, source reduction measures,

30  public education, personnel training and certification,

31  arthropod population surveillance, research and demonstration


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  1  projects, larvicides, adulticides, equipment, and public

  2  epidemic alerts as approved by the department. Source

  3  reduction measures may include measures to improve management

  4  and enhance the ecological integrity of source reduction

  5  areas.  If source reduction measures require permits,

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

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

  8  obtained prior to commencement of the source reduction

  9  project.  These measures include sanitary landfills, drainage,

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

11  maintenance, and operation of all types of equipment including

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

13  machinery and materials utilized in ditching, ditch lining,

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

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

16  lowest responsible bidder.

17         Section 15.  Subsection (6) of section 388.361, Florida

18  Statutes, is amended, and subsection (7) is added to that

19  section, to read:

20         388.361  Department authority and rules;

21  administration.--

22         (6)  The department shall have the authority to

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

24  enter into such cooperative agreements or commitments as the

25  department may determine necessary to carry out and enforce

26  the provisions of this chapter.

27         (7)  The department shall have the authority to

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

29  arthropods that are determined by the State Health Officer to

30  pose a threat to public health, or determined by the

31  Commissioner of Agriculture to pose a threat to animal health,


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  1  wherever they may occur on public or private land in this

  2  state, and to do all things necessary in the exercise of such

  3  authority. Prior to the start of treatments for the control of

  4  mosquitoes or other arthropods, the department shall consult

  5  with the mosquito control districts in the proposed treatment

  6  areas, the Department of Health, the Department of

  7  Environmental Protection, and the Fish and Wildlife

  8  Conservation Commission regarding the proposed locations,

  9  dates, and methods to be used.

10         Section 16.  Section 388.45, Florida Statutes, is

11  amended to read:

12         388.45  Threat to public or animal health; emergency

13  declarations.--

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

15  declare that a threat to public health exists when the

16  Department of Health discovers in the human or surrogate

17  population the occurrence of an infectious disease that can be

18  transmitted from mosquitoes or other arthropods to humans. The

19  State Health Officer must immediately notify the Commissioner

20  of Agriculture of the declaration of this threat to public

21  health. The Commissioner of Agriculture is authorized to issue

22  a mosquito or other arthropod an emergency declaration in

23  those counties needing additional mosquito or other arthropod

24  control measures based on the State Health Officer's

25  declaration of a threat to the public health or based on other

26  threats to animal health. Each declaration must contain the

27  geographical boundaries and the duration of the declaration.

28  The State Health Officer shall order such human medical

29  preventive treatment and the Commissioner of Agriculture shall

30  order such ameliorative mosquito or other arthropod control

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


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  1  notwithstanding contrary provisions of this chapter or the

  2  rules adopted under this chapter. Within 24 hours after a

  3  declaration of a threat to the public health, the State Health

  4  Officer must also notify the agency heads of the Department of

  5  Environmental Protection and the Fish and Wildlife

  6  Conservation Commission of the declaration. Within 24 hours

  7  after a mosquito or other arthropod an emergency declaration

  8  based on the public health declaration or based on other

  9  threats to animal health, the Commissioner of Agriculture must

10  notify the agency heads of the Department of Environmental

11  Protection and the Fish and Wildlife Conservation Commission

12  of the declaration. Within 24 hours after an emergency

13  declaration based on other threats to animal health, the

14  Commissioner of Agriculture must also notify the agency head

15  of the Department of Health of the declaration.

16         (2)  The Commissioner of Agriculture has the authority

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

18  department discovers the occurrence of an infectious disease

19  in animals that can be transmitted by mosquitoes or other

20  arthropods and is authorized to issue an animal health

21  declaration in those counties needing additional veterinary

22  care or mosquito or other arthropod control measures based on

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

24  geographical boundaries and the duration of the declaration.

25  The Commissioner of Agriculture shall order such veterinary

26  treatment or ameliorative mosquito or other arthropod control

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

28  notwithstanding contrary provisions of this chapter or the

29  rules adopted under this chapter. The Commissioner of

30  Agriculture shall immediately notify the State Health Officer

31  and the agency heads of the Department of Environmental


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  1  Protection and the Fish and Wildlife Conservation Commission

  2  upon issuance of an animal health declaration.

  3         Section 17.  Subsection (11) of section 403.067,

  4  Florida Statutes, is amended to read:

  5         403.067  Establishment and implementation of total

  6  maximum daily loads.--

  7         (11)  IMPLEMENTATION OF ADDITIONAL PROGRAMS.--

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

  9  legislative approval, any additional regulatory authority

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

11  130, if such implementation would result in water quality

12  discharge regulation of activities not currently subject to

13  regulation.

14         (b)  Interim measures, best-management practices, or

15  other measures may be developed and voluntarily implemented

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

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

18  allocation has not been established. The implementation of

19  such pollution-control programs may be considered by the

20  department in the determination made pursuant to subsection

21  (4).

22         Section 18.  Paragraph (k) is added to subsection (12)

23  of section 403.707, Florida Statutes, to read:

24         403.707  Permits.--

25         (12)  The department shall establish a separate

26  category for solid waste management facilities which accept

27  only construction and demolition debris for disposal or

28  recycling.  The department shall establish a reasonable

29  schedule for existing facilities to comply with this section

30  to avoid undue hardship to such facilities.  However, a

31  permitted solid waste disposal unit which receives a


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  1  significant amount of waste prior to the compliance deadline

  2  established in this schedule shall not be required to be

  3  retrofitted with liners or leachate control systems.

  4  Facilities accepting materials defined in s. 403.703(17)(b)

  5  must implement a groundwater monitoring system adequate to

  6  detect contaminants that may reasonably be expected to result

  7  from such disposal prior to the acceptance of those materials.

  8         (k)  Brazilian pepper and other invasive exotic plant

  9  species as designated by the department resulting from

10  eradication projects may be processed at permitted

11  construction and demolition debris recycling facilities or

12  disposed of at permitted construction and demolition debris

13  disposal facilities or Class III facilities. The department

14  may adopt rules to implement this paragraph.

15         Section 19.  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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  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 20.  Section 482.227, Florida Statutes, is

  8  amended to read:

  9         482.227  Guarantees and warranties.--

10         (1)  The Legislature finds that the terms "guarantee"

11  and "warranty" are common in contracts for the treatment of

12  wood-destroying organisms and intends to clarify that the

13  purpose of this section is to assure that the consumer

14  understands whether a contract contains a "guarantee" or

15  "warranty" for repair and retreatment or for retreatment only

16  or contains no guarantee. Unless the contract for treatment of

17  wood-destroying organisms indicates conspicuously on the front

18  page whether the guarantee or warranty is for repair and

19  retreatment or for retreatment only or that no guaranty or

20  warranty is offered, the term "guarantee" or "warranty" may be

21  used in a contract for treatment of wood-destroying organisms

22  only in the following circumstances:

23         (a)  If the licensee promises to repair restore any

24  property damaged by wood-destroying organisms during a

25  specified period after the treatment, the term "full" or

26  "unlimited" must be used together with the term "guarantee" or

27  "warranty" wherever that term occurs other than in a

28  disclaimer under subsection (2).

29         (b)  If the licensee promises only to provide

30  additional treatment if infestation occurs during a specified

31  period after treatment, the term "limited" must be used with


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  1  the term "guarantee" or "warranty" wherever that term occurs

  2  other than in a disclaimer under subsection (2).

  3         (c)  If the licensee does not promise to repair restore

  4  the property or provide additional treatment, the term

  5  "guarantee" or "warranty" may not be used except in a

  6  disclaimer under subsection (2).

  7         (2)  A disclaimer indicating that no guarantee or

  8  warranty is offered under the contract Any statement

  9  disclaiming an expressed or implied guarantee or warranty must

10  appear in conspicuous type on the face of the contract.

11         Section 21.  Effective October 1, 2003, section

12  482.227, Florida Statutes, as amended by this act, is amended

13  to read:

14         482.227  Guarantees and warranties; contracts executed

15  after October 1, 2003.--

16         (1)  The Legislature finds that the terms "guarantee"

17  and "warranty" are common in contracts for the treatment of

18  wood-destroying organisms. and intends to clarify that The

19  purpose of this section is to assure that contract language

20  describing the consumer understands whether a contract

21  contains a "guarantee" or "warranty" is clear and easily

22  identifiable for the protection of consumers and licensees for

23  repair and retreatment or for retreatment only or contains no

24  guarantee. Therefore the following provisions shall apply to

25  each new contract for the treatment of wood-destroying

26  organisms issued by the licensee and signed by the customer

27  after October 1, 2003. Unless the contract for treatment of

28  wood-destroying organisms indicates conspicuously on the front

29  page whether the guarantee or warranty is for repair and

30  re-treatment or for re-treatment only or that no guaranty or

31  warranty is offered, the term "guarantee" or "warranty" may be


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  1  used in a contract for treatment of wood-destroying organisms

  2  only in the following circumstances:

  3         (a)  If the licensee promises to repair any property

  4  damaged by wood-destroying organisms during a specified period

  5  after the treatment, the term "full" or "unlimited" must be

  6  used together with the term "guarantee" or "warranty" wherever

  7  that term occurs other than in a disclaimer under subsection

  8  (2).

  9         (b)  If the licensee promises only to provide

10  additional treatment if infestation occurs during a specified

11  period after treatment, the term "limited" must be used with

12  the term "guarantee" or "warranty" wherever that term occurs

13  other than in a disclaimer under subsection (2).

14         (c)  If the licensee does not promise to repair the

15  property or provide additional treatment, the term "guarantee"

16  or "warranty" may not be used except in a disclaimer under

17  subsection (2).

18         (2)  Any contract for treatment of wood-destroying

19  organisms must specify on the first page in bold print that it

20  is offered for repair and retreatment or for retreatment only

21  or that no warranty or guarantee is offered. A disclaimer

22  indicating that no guarantee or warranty is offered under the

23  contract must appear in conspicuous type on the face of the

24  contract.

25         (3)  The contract for treatment of wood-destroying

26  organisms must specify on the first page in bold print whether

27  there are any disclaimers, limitations, conditions, or

28  exclusions on the licensee's obligation to repair or re-treat

29  the property. Contract sections describing disclaimers,

30  limitations, conditions, or exclusions applicable to the

31  


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  1  licensee's obligation to repair or retreat the property must

  2  contain headings in bold print.

  3         (4)  If a contract for treatment of wood-destroying

  4  organisms contains a disclaimer, limitation, condition, or

  5  exclusion applicable to the licensee's obligation to repair or

  6  retreat the property, the term "full" or "unlimited" may not

  7  be used together with the term "guarantee" or "warranty."

  8         Section 22.  It is the intent of the Legislature to

  9  phase in the requirements set forth in section 11 to provide

10  that the requirements of section 482.227, Florida Statutes, as

11  amended by section 11 apply only to contracts for the

12  treatment of wood-destroying organisms issued by the licensee

13  and signed by the customer on or after October 1, 2003.

14         Section 23.  Subsection (3) of section 482.2401,

15  Florida Statutes, is amended to read:

16         482.2401  Disposition and use of revenues from fees and

17  fines.--

18         (3)  All revenues from administrative fines shall be

19  used to support contract research or education in all pest

20  control categories. The department shall appoint a committee

21  composed of pest control industry members which shall assist

22  the department in establishing research or education

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

24  in selecting research or education contractors from qualified

25  bidders.

26         Section 24.  Section 482.243, Florida Statutes, is

27  created to read:

28         482.243  Pest Control Enforcement Advisory Council.--

29         (1)  The Pest Control Enforcement Advisory Council is

30  created within the department. The Commissioner of Agriculture

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


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  1  council is to advise the Commissioner of Agriculture regarding

  2  the regulation of pest control practices and to advise

  3  government agencies with respect to those activities related

  4  to their responsibilities regarding pest control. The council

  5  shall serve as the statewide forum for the coordination of

  6  pest control related activities to eliminate duplication of

  7  effort and maximize protection of the public.

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

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

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

11  urban entomologist; and eight persons each holding a pest

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

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

14  shall be actively involved in general household pest control,

15  two shall be actively involved in structural fumigation, and

16  two shall be actively involved in lawn and landscape pest

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

18  and shall serve until a successor is appointed.

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

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

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

22  majority of such quorum at any meeting constitutes an official

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

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

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

26  the department, and these records and other documents about

27  matters within the jurisdiction of the council are subject to

28  inspection by members of the council.

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

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

31  


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

  2  consecutive terms.

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

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

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

  6  environmental emergency arises.

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

  8  recordkeeping, and reimbursement of expenses of members of the

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

10  570.0705 relating to advisory committees established within

11  the department.

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

13  enforcement activity conducted by the Division of Agricultural

14  Environmental Services, which shall include numbers of cases,

15  numbers of administrative actions, numbers of complaints

16  received and investigated, and dispositions of complaints;

17  provide advice to the department on the conduct of pest

18  control enforcement activities; receive reports on

19  disciplinary actions, provided that the names of individual

20  licensees shall be expunged from cases discussed before the

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

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

23  vote, directly to the Commissioner of Agriculture for actions

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

25  services and practices that the council has reviewed.

26         Section 25.  Subsection (2) of section 487.041, Florida

27  Statutes, is amended to read:

28         487.041  Registration.--

29         (2)  For the purpose of defraying expenses of the

30  department in connection with carrying out the provisions of

31  this chapter, each person shall pay an annual registration fee


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  1  of $250 $225 for each registered pesticide. The annual

  2  registration fee for each special local need label and

  3  experimental use permit shall be $100. All registrations

  4  expire on December 31 of each year. Nothing in this section

  5  shall be construed as applying to distributors or retail

  6  dealers selling pesticides when such pesticides are registered

  7  by another person.

  8         Section 26.  Subsection (6) is added to section

  9  500.121, Florida Statutes, to read:

10         500.121  Disciplinary procedures.--

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

12  in a food establishment is labeled with nutrient claims that

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

14  or reexamine the product within 90 days after notification to

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

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

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

18  within 60 days after the second notification. The product

19  manufacturer shall reimburse the department for the cost of

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

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

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

23  order. The department may impose additional sanctions for

24  violations of this subsection.

25         Section 27.  Subsection (3) is added to section

26  500.148, Florida Statutes, to read:

27         500.148  Reports and dissemination of information.--

28         (3)  Upon request of a food establishment, the

29  department may issue a report certifying that the requesting

30  food establishment currently complies with the sanitation and

31  permitting requirements of this chapter and the rules


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  1  promulgated thereunder. Such certification may be requested

  2  for the purpose of exporting food to a foreign country. The

  3  department is authorized to recover the cost associated with

  4  carrying out the provisions of this subsection, the amount of

  5  which shall be set by rule.

  6         Section 28.  Subsection (8) is added to section

  7  501.160, Florida Statutes, to read:

  8         501.160  Rental or sale of essential commodities during

  9  a declared state of emergency; prohibition against

10  unconscionable prices.--

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

12  the Department of Agriculture and Consumer Services, the

13  office of the state attorney, or the Department of Legal

14  Affairs.

15         Section 29.  Subsection (35) of section 570.07, Florida

16  Statutes, is amended to read:

17         570.07  Department of Agriculture and Consumer

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

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

20         (35)  Under emergency conditions, to authorize the

21  purchase of supplemental nutritional food and drink items,

22  provide meals when personnel cannot leave an emergency

23  incident location, and set temporary meal expenditure limits

24  for employees engaged in physical activity for prolonged

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

26  112.061(6), but not to exceed $50 per day.

27         Section 30.  Subsection (8) of section 573.124, Florida

28  Statutes, is amended to read:

29         573.124  Penalties; violation; hearings.--

30  

31  


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

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

  3  775.082 or s. 775.083, for:

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

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

  6  department, or any marketing agreement or marketing order

  7  effective thereunder.

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

  9  agricultural commodity or in the wholesale or retail trade

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

11  duly authorized agents, upon request, information concerning

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

13  received any agricultural commodity regulated by a marketing

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

15  commodity so received.

16         Section 31.  Section 581.091, Florida Statutes, is

17  amended to read:

18         581.091  Noxious weeds and infected plants or regulated

19  articles; sale or distribution; receipt; information to

20  department; withholding information.--

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

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

23  or plant product or regulated article infested or infected

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

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

26  horticultural interests.

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

28  that such person possesses or has knowingly received any

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

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

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


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  1  the rules adopted thereunder shall immediately inform the

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

  3  product, or other thing unopened or unused subject to

  4  inspection or other disposition as may be provided by the

  5  department.

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

  7  or withhold available information regarding any infected or

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

  9  weed.

10         (4)  The department, in conjunction with the Institute

11  of Food and Agricultural Sciences at the University of

12  Florida, shall biennially review the official state lists of

13  noxious weeds and invasive plants as provided for under this

14  chapter and department rules. The plants listed in s. 369.251

15  shall be incorporated into the department lists as provided

16  for under this chapter.  A water management district when

17  identifying by rule pursuant to s. 373.185, or a local

18  government when identifying by ordinance or regulation adopted

19  on or after March 1, 2002, a list of noxious weeds, invasive

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

21  shall only adopt the lists developed under this chapter or

22  rules adopted thereunder.  All local government ordinances or

23  regulations, adopted prior to March 1, 2002, that list noxious

24  weeds or invasive plants shall remain in effect.  All local

25  ordinances or regulations requiring the removal of invasive

26  plants or noxious weeds from publicly or privately owned

27  conservation areas or preserves shall be exempt from the

28  limitations in this subsection.

29         Section 32.  Subsection (5) of section 585.002, Florida

30  Statutes, is amended to read:

31  


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  1         585.002  Department control; continuance of powers,

  2  duties, rules, orders, etc.--

  3         (5)  The department shall, by rule, establish a fee

  4  schedule to cover the approximate costs associated with

  5  carrying out the provisions of this chapter. This shall

  6  include establishment of fees for provision of health forms,

  7  required certificates, certifications, permits, quality

  8  assurance programs, and services. No individual fee shall

  9  exceed  $200, except that the fee for carrying out the

10  quarantine requirements relating to horses imported from

11  countries where contagious equine metritis exists shall not

12  exceed $1,500. These fees shall be deposited in the

13  department's General Inspection Trust Fund.

14         Section 33.  Subsection (5) is added to section 585.08,

15  Florida Statutes, to read:

16         585.08  General powers of the department; rules.--The

17  Division of Animal Industry is authorized to:

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

19  spread any contagious, infectious, or communicable disease

20  based upon sound epidemiological facts and conclusions to

21  prevent the further spread of disease when a state or

22  agricultural declaration of emergency has been declared by the

23  Governor or the Commissioner of Agriculture.

24         Section 34.  Section 585.09, Florida Statutes, is

25  amended to read:

26         585.09  Procedure for condemnation of animals and

27  property by department.--Condemnation and destruction of

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

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

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

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


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

  2  value shall then be determined by three disinterested

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

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

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

  6  585.10, shall be paid by the department as other expenses are

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

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

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

10  permit the property to be condemned and destroyed, the

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

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

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

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

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

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

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

18  and expenses incurred by it in connection with the

19  destruction.

20         Section 35.  Section 585.10, Florida Statutes, is

21  repealed.

22         Section 36.  Section 585.11, Florida Statutes, is

23  amended to read:

24         585.11  Cooperation with United States authorities and

25  United States Department of Agriculture accredited private

26  veterinarians.--The department may cooperate with:

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

28  enforcement of all acts of Congress for the control,

29  prevention, suppression, and eradication of contagious,

30  infectious, and communicable diseases affecting animals, or

31  


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  1  animal diseases which may affect humans, and in connection

  2  therewith may:

  3         (a)  Appoint inspectors of the United States Department

  4  of Agriculture as temporary assistant state veterinarians or

  5  livestock inspectors; provided, they shall first consent to

  6  act without compensation or profit from the state;

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

  8  conducting work related to the control or eradication of

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

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

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

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

13  Agriculture in the control or eradication of tuberculosis,

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

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

16  diseased and slaughtered in accordance with the special Acts

17  of Congress now in effect and appropriating funds for this

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

19         (3)  The United States Department of Agriculture in

20  carrying out the provisions of the National Poultry

21  Improvement Plan and the National Turkey Improvement Plan in

22  Florida, and in connection therewith, may promulgate rules

23  necessary to carry out the provisions of the National Poultry

24  Improvement Plan and the National Turkey Improvement Plan in

25  Florida.

26         (4)  Appointed United States Department of Agriculture

27  accredited private veterinarians in conducting work related to

28  the control or eradication of contagious and infectious

29  diseases, who may be compensated for services.

30         Section 37.  Subsection (1) of section 585.21, Florida

31  Statutes, is amended to read:


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  1         585.21  Sale of biological products.--

  2         (1)  Each biological product intended for diagnostic or

  3  therapeutic purposes for animals which is manufactured for

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

  5  by the United States Department of Agriculture and shall have

  6  written permission of the Department of Agriculture and

  7  Consumer Services prior to sale in the state.

  8         Section 38.  Subsection (3) of section 585.61, Florida

  9  Statutes, is amended to read:

10         585.61  Animal disease diagnostic laboratories.--

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

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

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

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

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

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

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

18  be deposited in the Animal Industry Diagnostic Laboratory

19  Account within the General Inspection Trust Fund. The fees

20  collected shall be used to improve the diagnostic laboratory

21  services as provided for by the Legislature in the General

22  Appropriations Act.

23         Section 39.  Subsections (1) and (5) of section 590.02,

24  Florida Statutes, are amended to read:

25         590.02  Division powers, authority, and duties;

26  liability; building structures; Florida Center for Wildfire

27  and Forest Resources Management Training.--

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

29  and duties:

30         (a)  To enforce the provisions of this chapter;

31  


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  1         (b)  To prevent, detect, suppress, and extinguish

  2  wildfires wherever they may occur on public or private land in

  3  this state and to do all things necessary in the exercise of

  4  such powers, authority, and duties;

  5         (c)  To provide firefighting crews, who shall be under

  6  the control and direction of the division and its designated

  7  agents;

  8         (d)  To appoint center managers, forest area

  9  supervisors, forestry program administrators, a forest

10  protection bureau chief, a forest protection assistant bureau

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

12  operations, district managers, senior forest rangers,

13  investigators, forest rangers, firefighter rotorcraft pilots,

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

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

16  Other provisions of law notwithstanding, center managers,

17  district managers, forest protection assistant bureau chief,

18  and deputy chiefs of field operations shall have Selected

19  Exempt Service status in the state personnel designation;

20         (e)  To develop a training curriculum for forestry

21  firefighters which must contain the basic volunteer structural

22  fire training course approved by the Florida State Fire

23  College of the Division of State Fire Marshal and a minimum of

24  250 hours of wildfire training;

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

26  chapter; and

27         (g)  To provide fire management services and emergency

28  response assistance and to set and charge reasonable fees for

29  performance of those services. Moneys collected from such fees

30  shall be deposited into the Incidental Trust Fund of the

31  division; and.


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

  2  government agencies operating aircraft in the vicinity of an

  3  ongoing wildfire to operate in compliance with the applicable

  4  state Wildfire Aviation Plan.

  5         (5)  The division shall organize its operational units

  6  to most effectively prevent, detect, and suppress wildfires,

  7  and to that end, may employ the necessary personnel to manage

  8  its activities in each unit. The division may construct

  9  lookout towers, roads, bridges, firelines, and other

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

11  equipment for firefighting. The division may reimburse the

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

13  suppression of wildfires for their personnel and equipment,

14  including aircraft.

15         (a)  The Cross City Work Center shall be named the L.

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

17  Peterson.  Florida's sixth state forester, whose distinguished

18  career in state government has spanned 44 years and who is a

19  native of Dixie County.

20         Section 40.  Section 590.11, Florida Statutes, is

21  amended to read:

22         590.11  Recreational fires.--

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

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

25  leave it unattended or unextinguished.

26         (2)  Anyone who violates this section commits a

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

28  775.082 or s. 775.083.

29         Section 41.  Paragraph (b) of subsection (3) and

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

31  are amended to read:


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  1         590.125  Open burning authorized by the division.--

  2         (3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS

  3  AND PURPOSE.--

  4         (b)  Certified prescribed burning pertains only to

  5  broadcast burning. It must be conducted in accordance with

  6  this subsection and:

  7         1.  May only be accomplished only when a certified

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

  9  prescription from ignition of the burn to its completion.

10         2.  Requires that a written prescription be prepared

11  before receiving authorization to burn from the division.

12         3.  Requires that the specific consent of the landowner

13  or his or her designee be obtained before requesting an

14  authorization.

15         4.  Requires that an authorization to burn be obtained

16  from the division before igniting the burn.

17         5.  Requires that there be adequate firebreaks at the

18  burn site and sufficient personnel and firefighting equipment

19  for the control of the fire.

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

21  not constitute a public or private nuisance when conducted

22  under applicable state air pollution statutes and rules.

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

24  property owner if vegetative fuels are burned as required in

25  this subsection.

26         (4)  WILDFIRE HAZARD REDUCTION TREATMENT BURNING BY THE

27  DIVISION.--The division may conduct fuel reduction

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

29  mechanical and chemical treatment, on prescribe burn any area

30  of wild land within the state which is reasonably determined

31  


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

  2  procedures:

  3         (a)  Describe the areas that will receive fuels

  4  treatment be prescribe burned to the affected local

  5  governmental entity.

  6         (b)  Publish a treatment prescribed burn notice,

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

  8  conspicuous manner in at least one newspaper of general

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

10  days before the treatment burn.

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

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

13  all landowners in each township designated by the division as

14  a wildfire hazard area. The notice must describe particularly

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

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

17  expected benefits from the wildfire hazard reduction

18  prescribed burning.

19         (d)  Consider any landowner objections to the fuels

20  treatment prescribed burning of his or her property. The

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

22  review of alternative methods of fuel reduction on the

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

24  resolve the landowner objection, the director shall convene a

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

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

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

28  recommendation is not acceptable to the landowner, the

29  landowner may request further consideration by the

30  Commissioner of Agriculture or his or her designee and shall

31  


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  1  thereafter be entitled to an administrative hearing pursuant

  2  to the provisions of chapter 120.

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

  4  shall incorporate, where feasible and appropriate, the issues

  5  of fuels treatment, including prescribed burning into its

  6  educational materials.

  7         Section 42.  Subsection (4) is added to section

  8  597.020, Florida Statutes, to read:

  9         597.020  Shellfish processors; regulation.--

10         (4)  Any license or certification authorized and issued

11  under this chapter shall automatically expire on June 30 of

12  each year.

13         Section 43.  Paragraph (a) of subsection (7) and

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

15  Statutes, are amended to read:

16         616.242  Safety standards for amusement rides.--

17         (7)  DEPARTMENT INSPECTIONS.--

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

19  ride must be inspected by the department in accordance with

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

21  addition, each permanent amusement ride must be inspected

22  semiannually by the department in accordance with subsection

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

24  amusement ride must be inspected by the department in

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

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

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

28  ride is:

29         1.  Used at a private event; or

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

31  16 persons; or.


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

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

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

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

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

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

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

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

  9  exemption is responsible for ensuring that no more than three

10  amusement rides are operated at the event.

11         (14)  REPORTING AND INVESTIGATION OF ACCIDENTS AND

12  DEFECTS; IMPOUNDMENTS.--

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

14  knowledge or, through the exercise of reasonable diligence

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

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

17  the owner or manager to the department by telephone or

18  facsimile within 4 hours after the occurrence of the accident

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

20  within 24 hours after the occurrence of the accident.

21         Section 44.  Subsection (8) of section 496.404, Florida

22  Statutes, is amended to read:

23         496.404  Definitions.--As used in ss. 496.401-496.424:

24         (8)  "Educational institutions" means those

25  institutions and organizations described in s.

26  212.08(7)(cc)8.a. The term includes private nonprofit

27  organizations, the purpose of which is to raise funds for

28  schools teaching grades kindergarten through grade 12,

29  colleges, and universities, including any nonprofit newspaper

30  of free or paid circulation primarily on university or college

31  campuses which holds a current exemption from federal income


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  1  tax under s. 501(c)(3) of the Internal Revenue Code, any

  2  educational television or radio network or system established

  3  pursuant to s. 229.805 or s. 229.8051, and any nonprofit

  4  television or radio station that is a part of such network or

  5  system and that holds a current exemption from federal income

  6  tax under s. 501(c)(3) of the Internal Revenue Code. The term

  7  also includes a nonprofit educational cable consortium that

  8  holds a current exemption from federal income tax under s.

  9  501(c)(3) of the Internal Revenue Code, whose primary purpose

10  is the delivery of educational and instructional cable

11  television programming and whose members are composed

12  exclusively of educational organizations that hold a valid

13  consumer certificate of exemption and that are either an

14  educational institution as defined in this subsection or

15  qualified as a nonprofit organization pursuant to s. 501(c)(3)

16  of the Internal Revenue Code.

17         Section 45.  (1)  The building known as the U.S.D.A.

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

19  in Bartow is designated the John W. Hunt Building.

20         (2)  The Department of Agriculture and Consumer

21  Services is authorized to erect a suitable marker for the

22  designation made by this section.

23         Section 46.  Paragraph (a) of subsection (1) of section

24  316.640, Florida Statutes, is amended to read:

25         316.640  Enforcement.--The enforcement of the traffic

26  laws of this state is vested as follows:

27         (1)  STATE.--

28         (a)1.a.  The Division of Florida Highway Patrol of the

29  Department of Highway Safety and Motor Vehicles, the Division

30  of Law Enforcement of the Fish and Wildlife Conservation

31  Commission, the Division of Law Enforcement of the Department


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  1  of Environmental Protection, and law enforcement officers of

  2  the Department of Transportation each have authority to

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

  4  streets and highways thereof and elsewhere throughout the

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

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

  7  as a traffic accident investigation officer any individual who

  8  successfully completes at least 200 hours of instruction in

  9  traffic accident investigation and court presentation through

10  the Selective Traffic Enforcement Program as approved by the

11  Criminal Justice Standards and Training Commission and funded

12  through the National Highway Traffic Safety Administration or

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

14  necessarily meet the uniform minimum standards established by

15  the commission for law enforcement officers or auxiliary law

16  enforcement officers under chapter 943. Any such traffic

17  accident investigation officer who makes an investigation at

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

19  based upon personal investigation, when he or she has

20  reasonable and probable grounds to believe that a person who

21  was involved in the accident committed an offense under this

22  chapter, chapter 319, chapter 320, or chapter 322 in

23  connection with the accident. This paragraph does not permit

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

25  officers have arrest authority other than for the issuance of

26  a traffic citation as authorized in this paragraph.

27         b.  University police officers shall have authority to

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

29  violations occur on or about any property or facilities that

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

31  


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

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

  3         c.  Community college police officers shall have the

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

  5  when such violations occur on any property or facilities that

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

  7  the community college system.

  8         d.  Police officers employed by an airport authority

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

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

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

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

13  enforcement specialist any individual who successfully

14  completes a training program established and approved by the

15  Criminal Justice Standards and Training Commission for parking

16  enforcement specialists but who does not otherwise meet the

17  uniform minimum standards established by the commission for

18  law enforcement officers or auxiliary or part-time officers

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

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

21  nor shall such parking enforcement specialist have arrest

22  authority.

23         (II)  A parking enforcement specialist employed by an

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

25  and municipal laws and ordinances governing parking only when

26  such violations are on property or facilities owned or

27  operated by the airport authority employing the specialist, by

28  appropriate state, county, or municipal traffic citation.

29         e.  The Office of Agricultural Law Enforcement of the

30  Department of Agriculture and Consumer Services shall have the

31  authority to enforce traffic laws of this state only as


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

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

  3  Agricultural Law Enforcement at its agricultural inspection

  4  stations to issue any traffic tickets except those traffic

  5  tickets for vehicles illegally passing the inspection station.

  6         f.  School safety officers shall have the authority to

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

  8  violations occur on or about any property or facilities which

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

10  the district school board.

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

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

13  violation of this subparagraph is not subject to the penalties

14  provided in chapter 318.

15         3.  Any disciplinary action taken or performance

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

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

18  enforcement activity must be in accordance with written

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

20  the agency and any collective bargaining unit representing

21  such law enforcement officer. A violation of this subparagraph

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

23         Section 47.  Section 570.073, Florida Statutes, is

24  amended to read:

25         570.073  Department of Agriculture and Consumer

26  Services, law enforcement officers.--

27         (1)  The commissioner may create an Office of

28  Agricultural Law Enforcement under the supervision of a senior

29  manager exempt under s. 110.205 in the Senior Management

30  Service. The commissioner may designate law enforcement

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


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  1  any criminal investigation or to enforce the provisions of any

  2  statute or any other laws of this state. Officers appointed

  3  under this section shall have the primary responsibility for

  4  enforcing laws relating to agriculture and consumer services,

  5  as outlined in this section, and have jurisdiction over

  6  violations of law which threaten the overall security and

  7  safety of this state's agriculture and consumer services. The

  8  primary responsibilities of officers appointed under this

  9  section include the enforcement of relating to any matter over

10  which the department has jurisdiction or which occurs on

11  property owned, managed, or occupied by the department. Those

12  matters include laws relating to:

13         (a)  Domesticated animals, including livestock,

14  poultry, aquaculture products, and other wild or domesticated

15  animals or animal products.

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

17  citrus products, or horticultural products.

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

19  open burning.

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

21         (e)  Enforcement of a marketing order.

22         (f)  Protection of consumers.

23         (g)  Civil traffic offenses as provided for in state

24  law chapters 316, 320, and 322, subject to the provisions of

25  chapter 318, relating to any matter over which the department

26  has jurisdiction or committed on property owned, managed, or

27  occupied by the department.

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

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

30  

31  


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

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

  3  danger.

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

  5  (a)-(i).

  6         (k)  The responsibilities of the Commissioner of

  7  Agriculture.

  8         (2)  Each law enforcement officer shall meet the

  9  qualifications of law enforcement officers under s. 943.13 and

10  shall be certified as a law enforcement officer by the

11  Department of Law Enforcement under the provisions of chapter

12  943. Upon certification, each law enforcement officer is

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

14  provided for law enforcement officers generally in chapter 901

15  and shall have statewide jurisdiction as provided in

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

17  as provided for state law enforcement officers in s. 901.15 s.

18  901.15(11). Such officers have full law enforcement powers

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

20  authority to make arrests, carry firearms, serve court

21  process, and seize contraband and the proceeds of illegal

22  activities.

23         (3)  The commissioner may also appoint part-time,

24  reserve, or auxiliary law enforcement officers under chapter

25  943.

26         (4)(3)  All department law enforcement officers, upon

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

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

29         (5)(4)  Each law enforcement officer in the state who

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

31  


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  1  law enforcement officers designated in this section to enforce

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

  3         Section 48.  Paragraph (b) of subsection (5) of section

  4  570.71, Florida Statutes, is amended to read:

  5         570.71  Conservation easements and agreements.--

  6         (5)  Agricultural protection agreements shall be for

  7  terms of 30 years and will provide payments to landowners

  8  having significant natural areas on their land. Public access

  9  and public recreational opportunities may be negotiated at the

10  request of the landowner.

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

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

13  buy a conservation easement or rural land protection easement

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

15  transferring or selling the property, whichever occurs later.

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

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

18  the landowner shall be released from the agricultural

19  agreement. The purchase price of the easement shall be

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

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

22  plus a reasonable escalator multiplied by the number of full

23  calendar years following the date of the commencement of the

24  agreement. The landowner may transfer or sell the property

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

26  property is sold subject to the agreement and the buyer

27  becomes the successor in interest to the agricultural

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

29  landowner may enter into a perpetual easement at any time

30  during the term of an agricultural protection agreement.

31  


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  1         Section 49.  Subsection (3) of section 590.14, Florida

  2  Statutes, is amended to read:

  3         590.14  Notice of violation; penalties.--

  4         (3)  The department may also impose an administrative

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

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

  7  degree of damage, the and prior violation record of the

  8  person, and whether the person knowingly provided false

  9  information to obtain an authorization. The fines shall be

10  deposited in the Incidental Trust Fund of the division.

11         Section 50.  Section 604.40, Florida Statutes, is

12  created to read:

13         604.40  Farm equipment.--Notwithstanding any other law,

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

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

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

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

18  any public road without limitation.

19         Section 51.  Section 604.50, Florida Statutes, is

20  amended to read:

21         604.50  Nonresidential farm buildings.--Notwithstanding

22  any other law to the contrary, any nonresidential farm

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

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

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

26  any building or support structure that is used for

27  agricultural purposes, is located on a farm that is not used

28  as a residential dwelling, and is located on land that is an

29  integral part of a farm operation or is classified as

30  agricultural land under s. 193.461. The term "farm" is as

31  defined in s. 823.14.


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  1         Section 52.  There is appropriated to the Department of

  2  Agriculture and Consumer Services from the General Inspection

  3  Trust Fund of the Division of Food Safety of the Department of

  4  Agriculture and Consumer Services, one position and $73,671 to

  5  carry out the provisions of this act.

  6         Section 53.  Chapter 261, Florida Statutes, consisting

  7  of sections 261.01, 261.02, 261.03, 261.04, 261.05, 261.06,

  8  261.07, 261.08, 261.09, 261.10, 261.11, and 261.12, Florida

  9  Statutes, is created to read:

10         261.01  Short title.--This chapter may be cited as the

11  "T. Mark Schmidt Off-Highway Vehicle Safety and Recreation

12  Act."

13         261.02  Legislative findings and intent.--

14         (1)  The Legislature finds that off-highway vehicles

15  are becoming increasingly popular in this state and that the

16  use of these vehicles should be controlled and managed to

17  minimize negative effects on the environment, wildlife

18  habitats, native wildlife, and native flora and fauna.

19         (2)  The Legislature declares that effectively managed

20  areas and adequate facilities for the use of off-highway

21  vehicles are compatible with this state's overall recreation

22  plan and the underlying goal of multiple use.

23         (3)  It is the intent of the Legislature that:

24         (a)  Existing off-highway vehicle recreational areas,

25  facilities, and opportunities be improved and appropriately

26  expanded and be managed in a manner consistent with this

27  chapter, in particular to maintain natural resources and

28  sustained long-term use of off-highway vehicle trails and

29  areas.

30         (b)  New off-highway vehicle recreational areas,

31  facilities, and opportunities be provided and managed pursuant


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  1  to this chapter in a manner that will sustain both long-term

  2  use and the environment.

  3         (4)  Nothing contained within this chapter shall be

  4  construed to require the construction or maintenance of

  5  off-highway vehicle recreation areas, facilities, or trails on

  6  public lands where such construction or maintenance would be

  7  inconsistent with the property's management objectives or land

  8  management plan.

  9         261.03  Definitions.--As used in this chapter, the

10  term:

11         (1)  "Advisory committee" means the Off-Highway Vehicle

12  Recreation Advisory Committee created by s. 261.04.

13         (2)  "ATV" means any motorized off-highway or

14  all-terrain vehicle 50 inches or less in width, having a dry

15  weight of 900 pounds or less, designed to travel on three or

16  more low-pressure tires, having a seat designed to be

17  straddled by the operator and handlebars for steering control,

18  and intended for use by a single operator with no passenger.

19         (3)  "Department" means the Department of Agriculture

20  and Consumer Services.

21         (4)  "Division" means the Division of Forestry of the

22  Department of Agriculture and Consumer Services.

23         (5)  "OHM" or "off-highway motorcycle" means any motor

24  vehicle used off the roads or highways of this state that has

25  a seat or saddle for the use of the rider and is designed to

26  travel with not more than two wheels in contact with the

27  ground, but excludes a tractor or a moped.

28         (6)  "Off-highway vehicle" means any ATV or OHM that is

29  used off the roads or highways of this state for recreational

30  purposes and that is not registered and licensed for highway

31  use under chapter 320.


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  1         (7)  "Program" means the Off-Highway Vehicle Recreation

  2  Program.

  3         (8)  "Public lands" means lands within the state that

  4  are available for public use and that are owned, operated, or

  5  managed by a federal, state, county, or municipal governmental

  6  entity.

  7         (9)  "System" means the off-highway vehicle recreation

  8  areas and trails on public lands within the state.

  9         (10)  "Trust fund" means the Incidental Trust Fund of

10  the Division of Forestry of the Department of Agriculture and

11  Consumer Services.

12         261.04  Off-Highway Vehicle Recreation Advisory

13  Committee; members; appointment.--

14         (1)  Effective July 1, 2003, the Off-Highway Vehicle

15  Recreation Advisory Committee is created within the Division

16  of Forestry and consists of nine members, all of whom are

17  appointed by the Commissioner of Agriculture. The appointees

18  shall include one representative of the Department of

19  Agriculture and Consumer Services, one representative of the

20  Department of Highway Safety and Motor Vehicles, one

21  representative of the Department of Environmental Protection's

22  Office of Greenways and Trails, one representative of the Fish

23  and Wildlife Conservation Commission, one citizen with

24  scientific expertise in disciplines relating to ecology,

25  wildlife biology, or other environmental sciences, one

26  representative of a licensed off-highway vehicle dealer, and

27  three representatives of off-highway vehicle recreation

28  groups. In making these appointments, the commissioner shall

29  consider the places of residence of the members to ensure

30  statewide representation.

31  


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  1         (2)  The term of office of each member of the advisory

  2  committee is 2 years. The members first appointed shall

  3  classify themselves by lot so that the terms of four members

  4  expire June 30, 2005, and the terms of five members expire

  5  June 30, 2006.

  6         (3)  In case of a vacancy on the advisory committee,

  7  the commissioner shall appoint a successor member for the

  8  unexpired portion of the term.

  9         (4)  The members shall elect a chair among themselves

10  who shall serve for 1 year or until a successor is elected.

11         (5)  The members of the advisory committee shall serve

12  without compensation, but shall be reimbursed for travel and

13  per diem expenses as provided in s. 112.061, while in the

14  performance of their official duties.

15         261.05  Duties and responsibilities of the Off-Highway

16  Vehicle Recreation Advisory Committee.--

17         (1)  The advisory committee shall establish policies to

18  guide the department regarding the Off-Highway Vehicle

19  Recreation Program and the system of off-highway vehicle

20  recreation areas and trails.

21         (2)  The advisory committee shall make recommendations

22  to the department regarding off-highway vehicle safety and

23  training and education programs in the operation of such

24  vehicles.

25         (3)  The advisory committee must be informed regarding

26  all governmental activities affecting the program.

27         (4)  The advisory committee must be informed regarding

28  off-highway vehicle impacts and effects on the environment,

29  wildlife habitats, and native flora and fauna and shall make

30  recommendations to avoid or minimize adverse environmental

31  impacts and promote sustained long-term use.


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  1         (5)  The advisory committee must be fully informed

  2  regarding the inventory of off-highway vehicle access and

  3  opportunities.

  4         (6)  The advisory committee shall meet at various times

  5  and locations throughout the state to receive public comments

  6  on the implementation of the program and shall take these

  7  public comments into consideration when making its

  8  recommendations.

  9         (7)  The advisory committee shall review and make

10  recommendations annually regarding the department's proposed

11  budget of expenditures from the designated off-highway vehicle

12  funds in the trust fund, which may include providing funds to

13  match grant funds available from other sources.

14         (8)  The advisory committee shall make recommendations

15  regarding all capital outlay expenditures from the trust fund

16  proposed for inclusion in the budget and shall identify

17  additional funding sources for management, enforcement,

18  education, rehabilitation, and other duties of the land

19  management agencies related to the system.

20         (9)  The advisory committee shall review grant

21  applications submitted by any governmental agency or entity or

22  nongovernmental entity requesting moneys from the trust fund

23  to create, operate, manage, or improve off-highway vehicle

24  recreation areas or trails within the state, protect and

25  restore affected natural areas in the system, or provide

26  off-highway vehicle driver education. The advisory committee

27  shall recommend to the department approval or denial of such

28  grant applications based upon criteria established by the

29  advisory committee.

30  

31  


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  1         261.06  Functions, duties, and responsibilities of the

  2  department.--The following are functions, duties, and

  3  responsibilities of the department through the division:

  4         (1)  Coordination of the planning, development,

  5  conservation, and rehabilitation of state lands in and for the

  6  system.

  7         (2)  Coordination of the management, maintenance,

  8  administration, and operation of state lands in the system and

  9  the provision of law enforcement and appropriate public safety

10  activities.

11         (3)  Management of the trust fund and approval of the

12  advisory committee's budget recommendations.

13         (4)  Implementation of the program, including the

14  ultimate approval of grant applications submitted by

15  governmental agencies or entities or nongovernmental entities.

16         (5)  Coordination to help ensure compliance with

17  environmental laws and regulations of the program and lands in

18  the system.

19         (6)  Implementation of the policies established by the

20  advisory committee.

21         (7)  Provision of staff assistance to the advisory

22  committee.

23         (8)  Preparation of plans for lands in, or proposed to

24  be included in, the system.

25         (9)  Conducting surveys and the preparation of studies

26  as are necessary or desirable for implementing the program.

27         (10)  Recruitment and utilization of volunteers to

28  further the program.

29         (11)  Rulemaking authority to implement the provisions

30  of ss. 261.01-261.10.

31  


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  1         (12)  In consultation with the Department of

  2  Environmental Protection, the Fish and Wildlife Conservation

  3  Commission, the environmental community, and the off-highway

  4  vehicle industry and user groups, review of the inventory of

  5  public lands to determine the feasibility of providing public

  6  access for off-highway vehicle recreation and trails. The

  7  department shall provide a report to the Governor and the

  8  presiding officers of the Legislature by January 1, 2003. The

  9  report must include at least two appropriate locations for

10  public access for off-highway vehicle recreational use and the

11  applicable cost of providing each facility. The cost section

12  of the report shall fully explain the fiscal approach of

13  renovating, maintaining, and operating each site and include a

14  recommended fee structure to support the ongoing maintenance

15  and operation of the program. The report shall also include

16  the benefits and risks of offering each site for off-highway

17  vehicle recreational use. The recommendations contained within

18  the report shall be implemented to the extent enacted or

19  appropriated by the Legislature. This subsection shall expire

20  July 1, 2003.

21         261.07  Publication and distribution of guidebook;

22  contents.--In consultation with the advisory committee, the

23  department shall publish a guidebook that includes the text of

24  this chapter, other laws and regulations relating to the

25  program, and maps of areas and trails of the system. The

26  guidebook may include other public areas, trails, and

27  facilities for the use of off-highway vehicles. The guidebook

28  must include information regarding the responsibilities of

29  users of the system and must set forth pertinent laws, rules,

30  and regulations including particular provisions and other

31  information intended to prevent trespass and damage to public


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  1  or private property. The guidebook must be prepared at minimal

  2  cost to facilitate the broadest possible distribution and must

  3  be available for distribution no later than October 1, 2003.

  4         261.08  Repair, maintenance, and rehabilitation of

  5  areas, trails, and lands.--

  6         (1)  The protection of public safety, the appropriate

  7  use of lands in the system, and the conservation of the

  8  environment, wildlife habitats, native wildlife, and native

  9  flora and fauna in the system are of the highest priority in

10  the management of the system. Accordingly, the public land

11  managing agency shall avoid or minimize adverse impacts to the

12  environment, promptly repair and continuously maintain areas

13  and trails, anticipate and prevent accelerated erosion, and

14  rehabilitate lands to the extent damaged by off-highway

15  vehicle use in accordance with the management plans of the

16  public land managing agency.

17         (2)  The public land managing agency shall monitor the

18  condition of soils and wildlife habitat in each area of the

19  system to determine whether there is compliance with

20  applicable environmental laws and regulations and shall take

21  appropriate action as necessary.

22         (3)  The public land managing agency may regulate or

23  prohibit, when necessary, the use of off-highway vehicles on

24  the public lands of the state in order to prevent damage or

25  destruction to said lands.

26         261.09  Contracts and agreements.--The public land

27  managing agency may contract with private persons or entities

28  and enter into cooperative agreements with other public

29  agencies for the care and maintenance of lands in the system,

30  including contracts for law enforcement services with public

31  agencies having law enforcement powers.


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  1         261.10  Criteria for recreation areas and

  2  trails.--Publicly owned or operated off-highway vehicle

  3  recreation areas and trails shall be designated and maintained

  4  for recreational travel by off-highway vehicles. These areas

  5  and trails need not be generally suitable or maintained for

  6  normal travel by conventional two-wheel-drive vehicles and

  7  should not be designated as recreational footpaths. State

  8  off-highway vehicle recreation areas and trails must be

  9  selected and managed in accordance with this chapter.

10         261.11  Penalties.--No off-highway vehicle may be

11  operated upon the public roads, streets, or highways of this

12  state, except as otherwise permitted by the managing local,

13  state, or federal agency. A violation of this section is a

14  noncriminal traffic infraction, punishable as provided in

15  chapter 318.

16         261.12  Designated off-highway vehicle funds within the

17  Incidental Trust Fund of the Division of Forestry of the

18  Department of Agriculture and Consumer Services.--

19         (1)  The designated off-highway vehicle funds of the

20  trust fund shall consist of deposits from the following

21  sources:

22         (a)  Fees paid to the Department of Highway Safety and

23  Motor Vehicles for the titling of off-highway vehicles.

24         (b)  Revenues and income from any other sources

25  required by law or as appropriated by the Legislature to be

26  deposited into the trust fund as designated off-highway

27  vehicle funds.

28         (c)  Donations from private sources that are designated

29  as off-highway vehicle funds.

30         (d)  Interest earned on designated off-highway vehicle

31  funds on deposit in the trust fund.


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  1         (2)  Designated off-highway vehicle funds in the trust

  2  fund shall be available for recommended allocation by the

  3  Off-Highway Vehicle Recreation Advisory Committee and the

  4  Department of Agriculture and Consumer Services and upon

  5  annual appropriation by the Legislature, exclusively for the

  6  following:

  7         (a)  Implementation of the Off-Highway Vehicle

  8  Recreation Program by the Department of Agriculture and

  9  Consumer Services, which includes personnel and other related

10  expenses; administrative and operating expenses; expenses

11  related to safety, training, rider education programs,

12  management, maintenance, and rehabilitation of lands in the

13  Off-Highway Vehicle Recreation Program's system of lands and

14  trails; and, if funds are available, acquisition of lands to

15  be included in the system and the management, maintenance, and

16  rehabilitation of such lands.

17         (b)  Approved grants to governmental agencies or

18  entities or nongovernmental entities that wish to provide or

19  improve off-highway vehicle recreation areas or trails for

20  public use on public lands, provide environmental protection

21  and restoration to affected natural areas in the system,

22  provide enforcement of applicable regulations related to the

23  system and off-highway vehicle activities, or provide

24  education in the operation of off-highway vehicles.

25         (c)  Matching funds to be used to match grant funds

26  available from other sources.

27         (3)  Notwithstanding s. 216.301 and pursuant to s.

28  216.351, any balance of designated off-highway vehicle funds

29  in the trust fund at the end of any fiscal year shall remain

30  therein and shall be available for the purposes set out in

31  this section and as otherwise provided by law.


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  1         Section 54.  Section 316.2074, Florida Statutes, is

  2  amended to read:

  3         316.2074  All-terrain vehicles.--

  4         (1)  It is the intent of the Legislature, through the

  5  adoption of this section to provide safety protection for

  6  minors while operating an all-terrain vehicle in this state.

  7         (2)  As used in this section, the term "all-terrain

  8  vehicle" means any motorized off-highway vehicle 50 inches

  9  (1270 mm) or less in width, having a dry weight of 900 600

10  pounds (273 kg) or less, designed to travel traveling on three

11  or more low-pressure tires, designed for operator use only

12  with no passengers, having a seat or saddle designed to be

13  straddled by the operator, and having handlebars for steering

14  control, and intended for use by a single operator with no

15  passenger.

16         (3)  No person under 16 years of age shall operate,

17  ride, or be otherwise propelled on an all-terrain vehicle

18  unless the person wears a safety helmet meeting United States

19  Department of Transportation standards and eye protection.

20         (4)  If a crash results in the death of any person or

21  in the injury of any person which results in treatment of the

22  person by a physician, the operator of each all-terrain

23  vehicle involved in the crash shall give notice of the crash

24  pursuant to s. 316.066.

25         (5)  Except as provided in this section, an all-terrain

26  vehicle may not be operated upon the public roads, streets, or

27  highways of this state, except as otherwise permitted by the

28  managing state or federal agency.

29         (6)(5)  An all-terrain vehicle having four wheels may

30  be used by police officers on public beaches designated as

31  public roadways for the purpose of enforcing the traffic laws


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  1  of the state. All-terrain vehicles may also be used by the

  2  police to travel on public roadways within 5 miles of beach

  3  access only when getting to and from the beach.

  4         (7)  An all-terrain vehicle having four wheels may be

  5  used by law enforcement officers on public roads within public

  6  lands while in the course and scope of their duties.

  7         (8)(6)  A violation of this section is a noncriminal

  8  traffic infraction, punishable as a nonmoving violation as

  9  provided in chapter 318.

10         Section 55.  Short title.--Sections 55 through 67 of

11  this act may be cited as the "Florida Off-Highway Vehicle

12  Titling Act."

13         Section 56.  Legislative intent.--It is the intent of

14  the Legislature that all off-highway vehicles purchased after

15  the effective date of this act and all off-highway vehicles

16  operated on public lands be titled and issued a certificate of

17  title to allow for easy determination of ownership.

18         Section 57.  Definitions.--As used in sections 55

19  through 67, the term:

20         (1)  "ATV" means any motorized off-highway or

21  all-terrain vehicle 50 inches or less in width, having a dry

22  weight of 900 pounds or less, designed to travel on three or

23  more low-pressure tires, having a seat designed to be

24  straddled by the operator and handlebars for steering control,

25  and intended for use by a single operator and with no

26  passenger.

27         (2)  "Dealer" means any person authorized by the

28  Department of Revenue to buy, sell, resell, or otherwise

29  distribute off-highway vehicles. Such person must have a valid

30  sales tax certificate of registration issued by the Department

31  of Revenue and a valid commercial or occupational license


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  1  required by any county, municipality, or political subdivision

  2  of the state in which the person operates.

  3         (3)  "Department" means the Department of Highway

  4  Safety and Motor Vehicles.

  5         (4)  "Florida resident" means a person who has had a

  6  principal place of domicile in this state for a period of more

  7  than 6 consecutive months, who has registered to vote in this

  8  state, who has made a statement of domicile pursuant to

  9  section 222.17, Florida Statutes, or who has filed for

10  homestead tax exemption on property in this state.

11         (5)  "OHM" or "off-highway motorcycle" means any motor

12  vehicle used off the roads or highways of this state that has

13  a seat or saddle for the use of the rider and is designed to

14  travel with not more than two wheels in contact with the

15  ground, but excludes a tractor or a moped.

16         (6)  "Off-highway vehicle" means any ATV or OHM that is

17  used off the roads or highways of this state for recreational

18  purposes and that is not registered and licensed for highway

19  use pursuant to chapter 320, Florida Statutes.

20         (7)  "Owner" means a person, other than a lienholder,

21  having the property in or title to an off-highway vehicle,

22  including a person entitled to the use or possession of an

23  off-highway vehicle subject to an interest held by another

24  person, reserved or created by agreement and securing payment

25  of performance of an obligation, but the term excludes a

26  lessee under a lease not intended as security.

27         (8)  "Public lands" means lands within the state that

28  are available for public use and that are owned, operated, or

29  managed by a federal, state, county, or municipal governmental

30  entity.

31  


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  1         Section 58.  Administration of off-highway vehicle

  2  titling laws; records.--

  3         (1)  The administration of off-highway vehicle titling

  4  laws in sections 55 through 67 is under the Department of

  5  Highway Safety and Motor Vehicles, which shall provide for the

  6  issuing, handling, and recording of all off-highway vehicle

  7  titling applications and certificates, including the receipt

  8  and accounting of off-highway vehicle titling fees.

  9         (2)  The department shall keep records and perform

10  other clerical duties pertaining to off-highway vehicle

11  titling as required.

12         Section 59.  Rules, forms, and notices.--

13         (1)  The department may adopt rules pursuant to

14  sections 120.536(1) and 120.54, Florida Statutes, which

15  pertain to off-highway vehicle titling, in order to implement

16  the provisions of sections 55 through 67 conferring duties

17  upon it.

18         (2)  The department shall prescribe and provide

19  suitable forms for applications and other notices and forms

20  necessary to administer the provisions of sections 55 through

21  67.

22         Section 60.  Certificate of title required.--

23         (1)  Any off-highway vehicle that is purchased by a

24  resident of this state after the effective date of this act or

25  that is owned by a resident and is operated on the public

26  lands of this state must be titled pursuant to sections 55

27  through 67.

28         (2)  A person may not sell, assign, or transfer an

29  off-highway vehicle titled by the state without delivering to

30  the purchaser or transferee a valid certificate of title with

31  an assignment on it showing the transfer of title to the


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  1  purchaser or transferee. A person may not purchase or

  2  otherwise acquire an off-highway vehicle required to be titled

  3  without obtaining a certificate of title for the vehicle in

  4  his or her name. The purchaser or transferee shall, within 30

  5  days after a change in off-highway vehicle ownership, file an

  6  application for a title transfer with the county tax

  7  collector. An additional $10 fee shall be charged against a

  8  purchaser or transferee who files a title transfer application

  9  after the 30-day period. The county tax collector may retain

10  $5 of the additional amount.

11         (3)  A certificate of title is prima facie evidence of

12  the ownership of the off-highway vehicle and is good for the

13  life of the off-highway vehicle so long as the certificate is

14  owned or held by the legal holder. If a titled off-highway

15  vehicle is destroyed or abandoned, the owner, with the consent

16  of any recorded lienholders, shall, within 30 days after the

17  destruction or abandonment, surrender to the department all

18  title documents for cancellation.

19         (4)  The department shall provide labeled places on the

20  title where the seller's price shall be indicated when an

21  off-highway vehicle is sold and where a selling dealer shall

22  record his or her valid sales tax certificate of registration

23  number.

24         (5)(a)  There shall be a service charge of $4.25 for

25  each application that is handled in connection with the

26  issuance, duplication, or transfer of any certificate of

27  title. There shall be a service charge of $1.25 for each

28  application that is handled in connection with the recording

29  or notation of a lien on an off-highway vehicle that is not in

30  connection with the purchase of such vehicle.

31  


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  1         (b)  The service charges specified in paragraph (a)

  2  shall be collected by the department on any application

  3  handled directly from its office. Otherwise, these service

  4  charges shall be collected and retained by the tax collector

  5  who handles the application.

  6         (c)  In addition to the fees provided in paragraph (a),

  7  any tax collector may impose an additional service charge of

  8  not more than 50 cents on any transaction specified in

  9  paragraph (a) when such transaction occurs at any tax

10  collector's branch office.

11         Section 61.  Application for and issuance of

12  certificate of title.--

13         (1)  The owner of an off-highway vehicle that is

14  required to be titled must apply to the county tax collector

15  for a certificate of title. The application must include the

16  true name of the owner, the residence or business address of

17  the owner, and a complete description of the off-highway

18  vehicle. The application must be signed by the owner and must

19  be accompanied by a fee of $29.

20         (2)  The owner must establish proof of ownership by

21  submitting with the application an executed bill of sale, a

22  manufacturer's statement of origin, an affidavit of ownership

23  for off-highway vehicles purchased before the effective date

24  of this act, or any other document acceptable to the

25  department.

26         (3)  To apply for a certificate of title upon transfer

27  of ownership of an off-highway vehicle, the new owner must

28  surrender to the department the last title document issued for

29  that vehicle. The document must be properly executed. Proper

30  execution includes the previous owner's signature and

31  certification that the off-highway vehicle to be transferred


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  1  is debt-free or is subject to a lien. If a lien exists, the

  2  previous owner must furnish the new owner, on forms supplied

  3  by the department, the names and addresses of all lienholders

  4  and the dates of all liens, with a statement from each

  5  lienholder that the lienholder has knowledge of and consents

  6  to the transfer of title to the new owner.

  7         (4)  An application for an initial certificate of title

  8  or a title transfer must include payment of the applicable

  9  state sales tax or proof of payment of such tax, except for

10  off-highway vehicles purchased or transferred before the

11  effective date of this act.

12         (5)  If the owner submits a complete application and

13  complies with all other requirements of this section, the

14  department shall issue a certificate of title that states that

15  the title is for an off-highway vehicle that is not suitable

16  for highway use. After October 1, 2003, the department shall

17  also issue a copy of the guidebook prepared by the Department

18  of Agriculture and Consumer Services pursuant to section

19  261.07, Florida Statutes.

20         Section 62.  Duplicate certificate of title.--

21         (1)  The department may issue a duplicate certificate

22  of title upon application by the person entitled to hold such

23  a certificate if the department is satisfied that the original

24  certificate has been lost, destroyed, or mutilated. A fee of

25  $15 shall be charged for issuing a duplicate certificate.

26         (2)  In addition to the fee imposed by subsection (1),

27  a fee of $7 shall be charged for expedited service in issuing

28  a duplicate certificate of title. Application for such

29  expedited service may be made by mail or in person. The

30  department shall issue each certificate of title applied for

31  under this subsection within 5 working days after receipt of a


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  1  proper application or shall refund the additional $7 fee upon

  2  written request by the applicant.

  3         (3)  If, following the issuance of an original,

  4  duplicate, or corrected certificate of title by the

  5  department, the certificate is lost in transit and is not

  6  delivered to the addressee, the owner of the off-highway

  7  vehicle or the holder of a lien thereon may, within 180 days

  8  after the date of issuance of the certificate, apply to the

  9  department for reissuance of the certificate. An additional

10  fee may not be charged for reissuance under this subsection.

11         (4)  The department shall implement a system to verify

12  that the application is signed by a person authorized to

13  receive a duplicate certificate of title under this section if

14  the address shown on the application is different from the

15  address shown for the applicant on the records of the

16  department.

17         Section 63.  Manufacturer's statement of origin to be

18  furnished.--

19         (1)  Any person selling a new off-highway vehicle in

20  this state must furnish a manufacturer's statement of origin

21  to the purchaser. The statement, which must be in English or

22  accompanied by an English translation if the vehicle was

23  purchased outside the United States, must be signed and dated

24  by an authorized representative of the manufacturer, indicate

25  the complete name and address of the purchaser, include a

26  complete description of the vehicle, and contain as many

27  assignments as necessary to show title in the name of the

28  purchaser.

29         (2)  It is unlawful for an off-highway vehicle

30  manufacturer, manufacturer's representative, or dealer to

31  issue a manufacturer's certificate of origin describing an


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  1  off-highway vehicle with the knowledge that the description is

  2  false or that the off-highway vehicle described does not

  3  exist. It is unlawful for any person to obtain or attempt to

  4  obtain a certificate of origin with the knowledge that the

  5  description is false or that the off-highway vehicle does not

  6  exist. Any person who violates this subsection commits a

  7  felony of the third degree, punishable as provided in section

  8  775.082, section 775.083, or section 775.084, Florida

  9  Statutes.

10         Section 64.  Disposition of fees.--The department shall

11  deposit all funds received under sections 55 through 67, less

12  administrative costs of $2 per title transaction, into the

13  Incidental Trust Fund of the Division of Forestry of the

14  Department of Agriculture and Consumer Services.

15         Section 65.  Refusal to issue and authority to cancel a

16  certificate of title.--

17         (1)  If the department finds that an applicant for an

18  off-highway vehicle certificate of title has given a false

19  statement or false or incomplete information in applying for

20  the certificate or has otherwise failed to comply with the

21  applicable provisions pertaining to the application for a

22  certificate, it may refuse to issue the certificate.

23         (2)  If the department finds that an owner or dealer

24  named in an off-highway vehicle certificate of title has given

25  a false statement or false or incomplete information in

26  applying for the certificate or has otherwise failed to comply

27  with the applicable provisions pertaining to the application

28  for a certificate, it may cancel the certificate.

29         (3)  The department may cancel any pending application

30  or any certificate if it finds that any title fee or sales tax

31  pertaining to such application or certificate has not been


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  1  paid, unless the fee or tax is paid within a reasonable time

  2  after the department has given notice.

  3         Section 66.  Crimes relating to certificates of title;

  4  penalties.--

  5         (1)  It is unlawful for any person to procure or

  6  attempt to procure a certificate of title or duplicate

  7  certificate of title to an off-highway vehicle, or to pass or

  8  attempt to pass a certificate of title or duplicate

  9  certificate of title to an off-highway vehicle or any

10  assignment thereof, if such person knows or has reason to

11  believe that the vehicle has been stolen. Any person who

12  violates this subsection commits a felony of the third degree,

13  punishable as provided in section 775.082, section 775.083, or

14  section 775.084, Florida Statutes.

15         (2)  It is unlawful for any person, knowingly and with

16  intent to defraud, to have in his or her possession, sell,

17  offer to sell, counterfeit, or supply a blank, forged,

18  fictitious, counterfeit, stolen, or fraudulently or unlawfully

19  obtained certificate of title, duplicate certificate of title,

20  bill of sale, or other indicia of ownership of an off-highway

21  vehicle or to conspire to do any of the foregoing. Any person

22  who violates this subsection commits a felony of the third

23  degree, punishable as provided in section 775.082, section

24  775.083, or section 775.084, Florida Statutes.

25         (3)  It is unlawful to:

26         (a)  Alter or forge any certificate of title to an

27  off-highway vehicle or any assignment thereof or any

28  cancellation of any lien on an off-highway vehicle.

29         (b)  Retain or use such certificate, assignment, or

30  cancellation knowing that it has been altered or forged.

31  


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  1         (c)  Use a false or fictitious name, give a false or

  2  fictitious address, or make any false statement in any

  3  application or affidavit required by sections 55 through 67 or

  4  in a bill of sale or sworn statement of ownership or otherwise

  5  commit a fraud in any application.

  6         (d)  Knowingly obtain goods, services, credit, or money

  7  by means of an invalid, duplicate, fictitious, forged,

  8  counterfeit, stolen, or unlawfully obtained certificate of

  9  title, bill of sale, or other indicia of ownership of an

10  off-highway vehicle.

11         (e)  Knowingly obtain goods, services, credit, or money

12  by means of a certificate of title to an off-highway vehicle

13  which certificate is required by law to be surrendered to the

14  department.

15  

16  Any person who violates this subsection commits a felony of

17  the third degree, punishable as provided in section 775.082,

18  section 775.083, or section 775.084, Florida Statutes. A

19  violation of this subsection with respect to any off-highway

20  vehicle makes such off-highway vehicle contraband which may be

21  seized by a law enforcement agency and forfeited under

22  sections 932.701-932.704, Florida Statutes.

23         Section 67.  Nonmoving traffic violations.--Any person

24  who fails to comply with any provision of sections 55 through

25  66 for which a penalty is not otherwise provided commits a

26  nonmoving traffic violation, punishable as provided in section

27  318.18, Florida Statutes.

28         Section 68.  Section 375.313, Florida Statutes, is

29  amended to read:

30         375.313  Commission powers and duties.--The commission

31  shall:


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  1         (1)  Regulate or prohibit, when necessary, the use of

  2  motor vehicles on the public lands of the state in order to

  3  prevent damage or destruction to said lands. 

  4         (2)  Collect any registration fees imposed by s.

  5  375.315 and deposit said fees in the State Game Trust Fund.

  6  The revenue resulting from said registration shall be expended

  7  for the funding and administration of ss. 375.311-375.315.

  8         (2)(3)  Adopt and promulgate such reasonable rules as

  9  deemed necessary to administer the provisions of ss.

10  375.311-375.315, except that, before any such rules are

11  adopted, the commission shall obtain the consent and

12  agreement, in writing, of the owner, in the case of privately

13  owned lands, or the owner or primary custodian, in the case of

14  publicly owned lands.

15         Section 69.  Section 375.315, Florida Statutes, is

16  repealed.

17         Section 70.  Paragraph (a) of subsection (6) of section

18  163.3177, Florida Statutes, is amended to read:

19         163.3177  Required and optional elements of

20  comprehensive plan; studies and surveys.--

21         (6)  In addition to the requirements of subsections

22  (1)-(5), the comprehensive plan shall include the following

23  elements:

24         (a)  A future land use plan element designating

25  proposed future general distribution, location, and extent of

26  the uses of land for residential uses, commercial uses,

27  industry, agriculture, recreation, conservation, education,

28  public buildings and grounds, other public facilities, and

29  other categories of the public and private uses of land. Each

30  The future land use category plan shall be defined in terms of

31  uses included, and shall include standards to be followed in


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  1  the control and distribution of population densities and

  2  building and structure intensities. The proposed distribution,

  3  location, and extent of the various categories of land use

  4  shall be shown on a land use map or map series which shall be

  5  supplemented by goals, policies, and measurable objectives.

  6  Each land use category shall be defined in terms of the types

  7  of uses included and specific standards for the density or

  8  intensity of use. The future land use plan shall be based upon

  9  surveys, studies, and data regarding the area, including the

10  amount of land required to accommodate anticipated growth; the

11  projected population of the area; the character of undeveloped

12  land; the availability of public services; the need for

13  redevelopment, including the renewal of blighted areas and the

14  elimination of nonconforming uses which are inconsistent with

15  the character of the community; and, in rural communities, the

16  need for job creation, capital investment, and economic

17  development that will strengthen and diversify the community's

18  economy. The future land use plan may designate areas for

19  future planned development use involving combinations of types

20  of uses for which special regulations may be necessary to

21  ensure development in accord with the principles and standards

22  of the comprehensive plan and this act. In addition, for rural

23  communities, the amount of land designated for future planned

24  industrial use shall be based upon surveys and studies that

25  reflect the need for job creation, capital investment, and the

26  necessity to strengthen and diversify the local economies, and

27  shall not be limited solely by the projected population of the

28  rural community. The future land use plan of a county may also

29  designate areas for possible future municipal incorporation.

30  The land use maps or map series shall generally identify and

31  depict historic district boundaries and shall designate


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  1  historically significant properties meriting protection.  The

  2  future land use element must clearly identify the land use

  3  categories in which public schools are an allowable use.  When

  4  delineating the land use categories in which public schools

  5  are an allowable use, a local government shall include in the

  6  categories sufficient land proximate to residential

  7  development to meet the projected needs for schools in

  8  coordination with public school boards and may establish

  9  differing criteria for schools of different type or size.

10  Each local government shall include lands contiguous to

11  existing school sites, to the maximum extent possible, within

12  the land use categories in which public schools are an

13  allowable use. All comprehensive plans must comply with the

14  school siting requirements of this paragraph no later than

15  October 1, 1999. The failure by a local government to comply

16  with these school siting requirements by October 1, 1999, will

17  result in the prohibition of the local government's ability to

18  amend the local comprehensive plan, except for plan amendments

19  described in s. 163.3187(1)(b), until the school siting

20  requirements are met. An amendment proposed by a local

21  government for purposes of identifying the land use categories

22  in which public schools are an allowable use is exempt from

23  the limitation on the frequency of plan amendments contained

24  in s. 163.3187. The future land use element shall include

25  criteria which encourage the location of schools proximate to

26  urban residential areas to the extent possible and shall

27  require that the local government seek to collocate public

28  facilities, such as parks, libraries, and community centers,

29  with schools to the extent possible. For schools serving

30  predominantly rural counties, defined as a county with a

31  population of 100,000 or fewer, an agricultural land use


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  1  category shall be eligible for the location of public school

  2  facilities if the local comprehensive plan contains school

  3  siting criteria and the location is consistent with such

  4  criteria.

  5         Section 71.  There is appropriated to the Department of

  6  Agriculture and Consumer Services from the General Inspection

  7  Trust Fund of the Division of Agricultural Environmental

  8  Services of the Department of Agriculture and Consumer

  9  Services, $10,000 to carry out the provisions of this act

10  relating to the Pest Control Enforcement Advisory Council.

11         Section 72.  Paragraph (g) of subsection (7) of section

12  163.01, Florida Statutes, is amended to read:

13         163.01  Florida Interlocal Cooperation Act of 1969.--

14         (7)

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

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

17  the membership of which is limited to municipalities and

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

19  operate, and manage public facilities, or finance facilities

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

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

22  facilities, water or alternative water supply facilities, and

23  water reuse facilities, which may serve populations within or

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

25  367.171(7), any separate legal entity created under this

26  paragraph is not subject to commission jurisdiction and may

27  not provide utility services within the service area of an

28  existing utility system unless it has received the consent of

29  the utility. The entity may finance or refinance the

30  acquisition, construction, expansion, and improvement of such

31  facilities relating to a governmental function or purpose the


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

  2  other obligations under this section or as otherwise

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

  4  the interlocal agreement under which it is created or which

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

  6  facility, including, without limitation, the power to

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

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

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

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

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

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

13  limited by the interlocal agreement under which the entity is

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

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

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

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

18  entity may exercise the power of eminent domain over the

19  facilities or property of any existing water or wastewater

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

21  water or wastewater plant utility facilities, other

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

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

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

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

26  entity.

27         2.  Any entity created under this section may also

28  issue bond anticipation notes in connection with the

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

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

31  may issue capital appreciation bonds or variable rate bonds.


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

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

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

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

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

  6  denomination; be in the form; carry the registration

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

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

  9  subject to the terms of redemption, including redemption prior

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

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

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

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

14  the signature or facsimile is valid and sufficient for all

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

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

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

18  of the entity shall determine. Pending preparation of the

19  definitive bonds, the entity may issue interim certificates,

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

  4  other obligations must be within the limits prescribed by the

  5  governing body of the legal entity and its resolution

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

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

  8  obligations.

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

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

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

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

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

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

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

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

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

18  served only on the State Attorney of the Second Judicial

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

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

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

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

23  validation brought by the legal entity.

24         4.  The accomplishment of the authorized purposes of a

25  legal entity created under this paragraph is in all respects

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

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

28  their health and living conditions. Since the legal entity

29  will perform essential governmental functions in accomplishing

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

31  taxes or assessments of any kind whatsoever upon any property


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

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

  3  obligations of an entity, their transfer and the income

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

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

  6  any political subdivision or other agency or instrumentality

  7  thereof. The exemption granted in this subparagraph is not

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

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

10         Section 73.  Except as otherwise expressly provided in

11  this act, this act shall take effect July 1, 2002.

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

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31  


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