Senate Bill sb2072

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    Florida Senate - 2002                                  SB 2072

    By Senator Geller





    29-1389A-02

  1                      A bill to be entitled

  2         An act relating to agriculture and consumer

  3         services; amending s. 212.031, F.S.; exempting

  4         property leased at agricultural marketing

  5         facilities from the tax on the lease or rental

  6         of or license in real property; amending s.

  7         370.31, F.S.; transferring the Sturgeon

  8         Production Working Group from the Department of

  9         Environmental Protection to the Department of

10         Agriculture and Consumer Services; revising

11         membership and procedures; amending s. 388.261,

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

13         to counties and districts for arthropod

14         control; prorating county funds under certain

15         circumstances; providing an exemption from

16         funding requirements under certain

17         circumstances; authorizing the use of state

18         funds when requested by a county or district;

19         authorizing funds for technical assistance or

20         to purchase equipment, supplies, or services;

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

22         state matching funds; amending s. 388.361,

23         F.S.; authorizing the Department of Agriculture

24         and Consumer Services to cooperate with local

25         agencies; authorizing collection, detection,

26         suppression, and control of mosquitoes and

27         arthropods on public or private land; amending

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

29         to threats to public health and the issuance of

30         declarations; authorizing declaration of a

31         threat to animal health when certain conditions

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  1         exist; authorizing treatment or control

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

  3         authorizing implementation of interim measures

  4         for specified water bodies for which total

  5         maximum daily load or allocation has not yet

  6         been established; amending s. 403.709, F.S.;

  7         deleting the minimum county allocation to local

  8         mosquito control agencies from waste tire fees;

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

10         pest control as an approved use of

11         administrative fine revenues; creating s.

12         482.243, F.S.; creating the Pest Control

13         Enforcement Advisory Council in the department;

14         providing for membership, terms, and

15         procedures; providing powers and duties;

16         amending s. 487.041, F.S.; increasing the

17         annual registration fee for a registered

18         pesticide; amending s. 500.121, F.S.; providing

19         sanctions for nutrient labeling violations;

20         amending s. 500.148, F.S.; authorizing the

21         department to issue a report certifying food

22         establishment compliance with sanitation and

23         permitting requirements for food exportation

24         purposes; authorizing fees; amending s. 570.07,

25         F.S.; authorizing the department to provide

26         meals when personnel cannot leave emergency

27         incident locations; amending s. 570.53, F.S.;

28         requiring the Division of Marketing and

29         Development to review and administer community

30         budget request allocations; authorizing an

31         assessment; amending s. 573.124, F.S.;

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  1         increasing penalties for furnishing false

  2         information, or refusing to furnish

  3         information, relating to the marketing of

  4         agricultural commodities; amending s. 585.002,

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

  6         for additional services relating to the animal

  7         industry; increasing fee limits; amending s.

  8         585.08, F.S.; authorizing the Division of

  9         Animal Industry, under certain circumstances,

10         to condemn and destroy an animal that is liable

11         to spread contagious, infectious, or

12         communicable disease; amending s. 585.09, F.S.;

13         conforming a cross-reference; repealing s.

14         585.10, F.S., relating to limitations on

15         payments to owners of condemned and destroyed

16         animals; amending s. 585.105, F.S.; authorizing

17         the department to charge for costs of approved

18         brucella vaccine; amending s. 585.11, F.S.;

19         authorizing the department to cooperate with

20         United States Department of Agriculture

21         accredited private veterinarians; amending s.

22         585.21, F.S.; requiring written permission of

23         the department prior to sale in the state of

24         certain biological products; amending s.

25         585.61, F.S.; increasing fees for use of animal

26         disease diagnostic laboratories; amending s.

27         590.02, F.S.; revising the powers of the

28         Division of Forestry; amending s. 590.11, F.S.;

29         providing a criminal penalty for violation of

30         recreational fire provisions; amending s.

31         590.125, F.S.; revising requirements for

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  1         certified prescribed burning; renaming

  2         procedures for protecting wild lands from

  3         wildfires; amending s. 597.020, F.S.; requiring

  4         aquaculture licenses and certifications to

  5         expire annually; amending s. 616.242, F.S.;

  6         providing that certain kiddie rides shall be

  7         exempt from the requirement for receipt of an

  8         inspection certificate each time the ride is

  9         set up; revising accident-reporting

10         requirements; providing effective dates.

11

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

13

14         Section 1.  Paragraph (a) of subsection (1) of section

15  212.031, Florida Statutes, is amended to read:

16         212.031  Lease or rental of or license in real

17  property.--

18         (1)(a)  It is declared to be the legislative intent

19  that every person is exercising a taxable privilege who

20  engages in the business of renting, leasing, letting, or

21  granting a license for the use of any real property unless

22  such property is:

23         1.  Assessed as agricultural property under s. 193.461.

24         2.  Used exclusively as dwelling units.

25         3.  Property subject to tax on parking, docking, or

26  storage spaces under s. 212.03(6).

27         4.  Recreational property or the common elements of a

28  condominium when subject to a lease between the developer or

29  owner thereof and the condominium association in its own right

30  or as agent for the owners of individual condominium units or

31  the owners of individual condominium units. However, only the

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  1  lease payments on such property shall be exempt from the tax

  2  imposed by this chapter, and any other use made by the owner

  3  or the condominium association shall be fully taxable under

  4  this chapter.

  5         5.  A public or private street or right-of-way and

  6  poles, conduits, fixtures, and similar improvements located on

  7  such streets or rights-of-way, occupied or used by a utility

  8  or provider of communications services, as defined by s.

  9  202.11, for utility or communications or television purposes.

10  For purposes of this subparagraph, the term "utility" means

11  any person providing utility services as defined in s.

12  203.012. This exception also applies to property, wherever

13  located, on which the following are placed: towers, antennas,

14  cables, accessory structures, or equipment, not including

15  switching equipment, used in the provision of mobile

16  communications services as defined in s. 202.11. For purposes

17  of this chapter, towers used in the provision of mobile

18  communications services, as defined in s. 202.11, are

19  considered to be fixtures.

20         6.  A public street or road which is used for

21  transportation purposes.

22         7.  Property used at an airport exclusively for the

23  purpose of aircraft landing or aircraft taxiing or property

24  used by an airline for the purpose of loading or unloading

25  passengers or property onto or from aircraft or for fueling

26  aircraft.

27         8.a.  Property used at a port authority, as defined in

28  s. 315.02(2), exclusively for the purpose of oceangoing

29  vessels or tugs docking, or such vessels mooring on property

30  used by a port authority for the purpose of loading or

31  unloading passengers or cargo onto or from such a vessel, or

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  1  property used at a port authority for fueling such vessels, or

  2  to the extent that the amount paid for the use of any property

  3  at the port is based on the charge for the amount of tonnage

  4  actually imported or exported through the port by a tenant.

  5         b.  The amount charged for the use of any property at

  6  the port in excess of the amount charged for tonnage actually

  7  imported or exported shall remain subject to tax except as

  8  provided in sub-subparagraph a.

  9         9.  Property used as an integral part of the

10  performance of qualified production services.  As used in this

11  subparagraph, the term "qualified production services" means

12  any activity or service performed directly in connection with

13  the production of a qualified motion picture, as defined in s.

14  212.06(1)(b), and includes:

15         a.  Photography, sound and recording, casting, location

16  managing and scouting, shooting, creation of special and

17  optical effects, animation, adaptation (language, media,

18  electronic, or otherwise), technological modifications,

19  computer graphics, set and stage support (such as

20  electricians, lighting designers and operators, greensmen,

21  prop managers and assistants, and grips), wardrobe (design,

22  preparation, and management), hair and makeup (design,

23  production, and application), performing (such as acting,

24  dancing, and playing), designing and executing stunts,

25  coaching, consulting, writing, scoring, composing,

26  choreographing, script supervising, directing, producing,

27  transmitting dailies, dubbing, mixing, editing, cutting,

28  looping, printing, processing, duplicating, storing, and

29  distributing;

30         b.  The design, planning, engineering, construction,

31  alteration, repair, and maintenance of real or personal

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  1  property including stages, sets, props, models, paintings, and

  2  facilities principally required for the performance of those

  3  services listed in sub-subparagraph a.; and

  4         c.  Property management services directly related to

  5  property used in connection with the services described in

  6  sub-subparagraphs a. and b.

  7

  8  This exemption will inure to the taxpayer upon presentation of

  9  the certificate of exemption issued to the taxpayer under the

10  provisions of s. 288.1258.

11         10.  Leased, subleased, licensed, or rented to a person

12  providing food and drink concessionaire services within the

13  premises of a convention hall, exhibition hall, auditorium,

14  stadium, theater, arena, civic center, performing arts center,

15  publicly owned recreational facility, or any business operated

16  under a permit issued pursuant to chapter 550.  A person

17  providing retail concessionaire services involving the sale of

18  food and drink or other tangible personal property within the

19  premises of an airport shall be subject to tax on the rental

20  of real property used for that purpose, but shall not be

21  subject to the tax on any license to use the property.  For

22  purposes of this subparagraph, the term "sale" shall not

23  include the leasing of tangible personal property.

24         11.  Property occupied pursuant to an instrument

25  calling for payments which the department has declared, in a

26  Technical Assistance Advisement issued on or before March 15,

27  1993, to be nontaxable pursuant to rule 12A-1.070(19)(c),

28  Florida Administrative Code; provided that this subparagraph

29  shall only apply to property occupied by the same person

30  before and after the execution of the subject instrument and

31  only to those payments made pursuant to such instrument,

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  1  exclusive of renewals and extensions thereof occurring after

  2  March 15, 1993.

  3         12.  Rented, leased, subleased, or licensed to a

  4  concessionaire by a convention hall, exhibition hall,

  5  auditorium, stadium, theater, arena, civic center, performing

  6  arts center, or publicly owned recreational facility, during

  7  an event at the facility, to be used by the concessionaire to

  8  sell souvenirs, novelties, or other event-related products.

  9  This subparagraph applies only to that portion of the rental,

10  lease, or license payment which is based on a percentage of

11  sales and not based on a fixed price.

12         13.  Property used or occupied predominantly for space

13  flight business purposes. As used in this subparagraph, "space

14  flight business" means the manufacturing, processing, or

15  assembly of a space facility, space propulsion system, space

16  vehicle, satellite, or station of any kind possessing the

17  capacity for space flight, as defined by s. 212.02(23), or

18  components thereof, and also means the following activities

19  supporting space flight: vehicle launch activities, flight

20  operations, ground control or ground support, and all

21  administrative activities directly related thereto. Property

22  shall be deemed to be used or occupied predominantly for space

23  flight business purposes if more than 50 percent of the

24  property, or improvements thereon, is used for one or more

25  space flight business purposes. Possession by a landlord,

26  lessor, or licensor of a signed written statement from the

27  tenant, lessee, or licensee claiming the exemption shall

28  relieve the landlord, lessor, or licensor from the

29  responsibility of collecting the tax, and the department shall

30  look solely to the tenant, lessee, or licensee for recovery of

31

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  1  such tax if it determines that the exemption was not

  2  applicable.

  3         14.  Property leased at agricultural marketing

  4  facilities as defined in s. 570.02(3).

  5         Section 2.  Effective July 1, 2003, paragraph (a) of

  6  subsection (1) of section 212.031, Florida Statutes, as

  7  amended by chapters 2000-345 and 2001-140, Laws of Florida, is

  8  amended to read:

  9         212.031  Lease or rental of or license in real

10  property.--

11         (1)(a)  It is declared to be the legislative intent

12  that every person is exercising a taxable privilege who

13  engages in the business of renting, leasing, letting, or

14  granting a license for the use of any real property unless

15  such property is:

16         1.  Assessed as agricultural property under s. 193.461.

17         2.  Used exclusively as dwelling units.

18         3.  Property subject to tax on parking, docking, or

19  storage spaces under s. 212.03(6).

20         4.  Recreational property or the common elements of a

21  condominium when subject to a lease between the developer or

22  owner thereof and the condominium association in its own right

23  or as agent for the owners of individual condominium units or

24  the owners of individual condominium units. However, only the

25  lease payments on such property shall be exempt from the tax

26  imposed by this chapter, and any other use made by the owner

27  or the condominium association shall be fully taxable under

28  this chapter.

29         5.  A public or private street or right-of-way and

30  poles, conduits, fixtures, and similar improvements located on

31  such streets or rights-of-way, occupied or used by a utility

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  1  or provider of communications services, as defined by s.

  2  202.11, for utility or communications or television purposes.

  3  For purposes of this subparagraph, the term "utility" means

  4  any person providing utility services as defined in s.

  5  203.012. This exception also applies to property, wherever

  6  located, on which the following are placed: towers, antennas,

  7  cables, accessory structures, or equipment, not including

  8  switching equipment, used in the provision of mobile

  9  communications services as defined in s. 202.11. For purposes

10  of this chapter, towers used in the provision of mobile

11  communications services, as defined in s. 202.11, are

12  considered to be fixtures.

13         6.  A public street or road which is used for

14  transportation purposes.

15         7.  Property used at an airport exclusively for the

16  purpose of aircraft landing or aircraft taxiing or property

17  used by an airline for the purpose of loading or unloading

18  passengers or property onto or from aircraft or for fueling

19  aircraft.

20         8.a.  Property used at a port authority, as defined in

21  s. 315.02(2), exclusively for the purpose of oceangoing

22  vessels or tugs docking, or such vessels mooring on property

23  used by a port authority for the purpose of loading or

24  unloading passengers or cargo onto or from such a vessel, or

25  property used at a port authority for fueling such vessels, or

26  to the extent that the amount paid for the use of any property

27  at the port is based on the charge for the amount of tonnage

28  actually imported or exported through the port by a tenant.

29         b.  The amount charged for the use of any property at

30  the port in excess of the amount charged for tonnage actually

31

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  1  imported or exported shall remain subject to tax except as

  2  provided in sub-subparagraph a.

  3         9.  Property used as an integral part of the

  4  performance of qualified production services.  As used in this

  5  subparagraph, the term "qualified production services" means

  6  any activity or service performed directly in connection with

  7  the production of a qualified motion picture, as defined in s.

  8  212.06(1)(b), and includes:

  9         a.  Photography, sound and recording, casting, location

10  managing and scouting, shooting, creation of special and

11  optical effects, animation, adaptation (language, media,

12  electronic, or otherwise), technological modifications,

13  computer graphics, set and stage support (such as

14  electricians, lighting designers and operators, greensmen,

15  prop managers and assistants, and grips), wardrobe (design,

16  preparation, and management), hair and makeup (design,

17  production, and application), performing (such as acting,

18  dancing, and playing), designing and executing stunts,

19  coaching, consulting, writing, scoring, composing,

20  choreographing, script supervising, directing, producing,

21  transmitting dailies, dubbing, mixing, editing, cutting,

22  looping, printing, processing, duplicating, storing, and

23  distributing;

24         b.  The design, planning, engineering, construction,

25  alteration, repair, and maintenance of real or personal

26  property including stages, sets, props, models, paintings, and

27  facilities principally required for the performance of those

28  services listed in sub-subparagraph a.; and

29         c.  Property management services directly related to

30  property used in connection with the services described in

31  sub-subparagraphs a. and b.

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  1

  2  This exemption will inure to the taxpayer upon presentation of

  3  the certificate of exemption issued to the taxpayer under the

  4  provisions of s. 288.1258.

  5         10.  Leased, subleased, licensed, or rented to a person

  6  providing food and drink concessionaire services within the

  7  premises of a convention hall, exhibition hall, auditorium,

  8  stadium, theater, arena, civic center, performing arts center,

  9  publicly owned recreational facility, or any business operated

10  under a permit issued pursuant to chapter 550.  A person

11  providing retail concessionaire services involving the sale of

12  food and drink or other tangible personal property within the

13  premises of an airport shall be subject to tax on the rental

14  of real property used for that purpose, but shall not be

15  subject to the tax on any license to use the property.  For

16  purposes of this subparagraph, the term "sale" shall not

17  include the leasing of tangible personal property.

18         11.  Property occupied pursuant to an instrument

19  calling for payments which the department has declared, in a

20  Technical Assistance Advisement issued on or before March 15,

21  1993, to be nontaxable pursuant to rule 12A-1.070(19)(c),

22  Florida Administrative Code; provided that this subparagraph

23  shall only apply to property occupied by the same person

24  before and after the execution of the subject instrument and

25  only to those payments made pursuant to such instrument,

26  exclusive of renewals and extensions thereof occurring after

27  March 15, 1993.

28         12.  Property used or occupied predominantly for space

29  flight business purposes. As used in this subparagraph, "space

30  flight business" means the manufacturing, processing, or

31  assembly of a space facility, space propulsion system, space

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  1  vehicle, satellite, or station of any kind possessing the

  2  capacity for space flight, as defined by s. 212.02(23), or

  3  components thereof, and also means the following activities

  4  supporting space flight: vehicle launch activities, flight

  5  operations, ground control or ground support, and all

  6  administrative activities directly related thereto. Property

  7  shall be deemed to be used or occupied predominantly for space

  8  flight business purposes if more than 50 percent of the

  9  property, or improvements thereon, is used for one or more

10  space flight business purposes. Possession by a landlord,

11  lessor, or licensor of a signed written statement from the

12  tenant, lessee, or licensee claiming the exemption shall

13  relieve the landlord, lessor, or licensor from the

14  responsibility of collecting the tax, and the department shall

15  look solely to the tenant, lessee, or licensee for recovery of

16  such tax if it determines that the exemption was not

17  applicable.

18         13.  Property leased at agricultural marketing

19  facilities as defined in s. 570.02(3).

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

21  Florida Statutes, are amended to read:

22         370.31  Commercial production of sturgeon.--

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

24  is created within the Department of Agriculture and Consumer

25  Services Environmental Protection and shall be composed of

26  seven six members as follows:

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

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

29  Agricultural Sciences.  Such member shall be appointed by the

30  University of Florida's Vice President for Agricultural

31  Affairs.

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  1         (b)  One representative from the Department of

  2  Environmental Protection to be appointed by the Secretary of

  3  Environmental Protection.

  4         (c)  One representative from the Fish and Wildlife

  5  Conservation Commission to be appointed by the executive

  6  director of the Fish and Wildlife Conservation Commission.

  7         (d)  One representative from the Department of

  8  Agriculture and Consumer Services to be appointed by the

  9  Commissioner of Agriculture.

10         (e)  Two representatives from the aquaculture industry

11  to be appointed by the Aquaculture Review Council.

12         (f)  One representative from a private nonprofit

13  organization involved in sturgeon production work.

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

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

16  chair and, vice chair, and secretary.

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

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

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

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

21  other working group members and then notify any remaining

22  members of the meeting.

23         (b)  The Department of Agriculture and Consumer

24  Services secretary shall keep a complete record of the

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

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

27  records shall be kept on file with the Department of

28  Environmental Protection with copies filed with the Department

29  of Fisheries and Aquatic Sciences at the University of

30  Florida.  The records shall be public records pursuant to

31  chapter 119.

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

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

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

  4  including attendance at meetings, as allowed public officers

  5  and employees pursuant to s. 112.061 one representative from

  6  the Department of Environmental Protection, one representative

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

  8  least two other members.

  9         Section 4.  Section 388.261, Florida Statutes, is

10  amended to read:

11         388.261  State aid to counties and districts for

12  arthropod control; distribution priorities and limitations.--

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

14  derived either by special tax levy or funds appropriated or

15  otherwise made available for the control of mosquitoes and

16  other arthropods under a plan submitted by the county or

17  district and upon approval by the department, shall be

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

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

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

21  county or district may, without contributing matching funds,

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

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

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

25  mosquitoes and other arthropods which serves an area not

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

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

28  by the department.

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

30  local funds to be used exclusively for the control of

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

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

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

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

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

  5  local funds budgeted for such control.  Should state funds

  6  appropriated by the Legislature be insufficient to grant each

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

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

  9  department shall prorate said state funds based on the amount

10  of matchable local funds budgeted for expenditure by each

11  county or district.

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

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

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

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

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

17  during any one year.

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

19  to local governments for arthropod control may be used for

20  arthropod control research or demonstration projects as

21  approved by the department.

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

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

24  agencies based on the population served by each agency.

25         (6)  The Commissioner of Agriculture may exempt

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

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

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

29  necessary for the immediate control of mosquitoes and other

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

31

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  1         (7)  The department may use state funds appropriated

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

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

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

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

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

  7  percent of the funds appropriated annually by the Legislature

  8  under this section to provide technical assistance to the

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

10  services necessary to administer the provisions of this

11  chapter.

12         Section 5.  Subsection (2) of section 388.281, Florida

13  Statutes, is amended to read:

14         388.281  Use of state matching funds.--

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

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

17  exclusively for an integrated program that provides a

18  combination of mosquito control, source reduction measures,

19  public education, personnel training and certification,

20  arthropod population surveillance, research and demonstration

21  projects, larvicides, adulticides, equipment, and public

22  epidemic alerts as approved by the department. Source

23  reduction measures may include measures to improve management

24  and enhance the ecological integrity of source reduction

25  areas.  If source reduction measures require permits,

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

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

28  obtained prior to commencement of the source reduction

29  project.  These measures include sanitary landfills, drainage,

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

31  maintenance, and operation of all types of equipment including

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

  2  machinery and materials utilized in ditching, ditch lining,

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

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

  5  lowest responsible bidder.

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

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

  8  section, to read:

  9         388.361  Department authority and rules;

10  administration.--

11         (6)  The department shall have the authority to

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

13  enter into such cooperative agreements or commitments as the

14  department may determine necessary to carry out and enforce

15  the provisions of this chapter.

16         (7)  The department shall have the authority to

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

18  arthropods that are determined by the State Health Officer to

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

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

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

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

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

24  mosquitoes or other arthropods, the department shall consult

25  with the mosquito control districts in the proposed treatment

26  areas, the Department of Health, the Department of

27  Environmental Protection, and the Fish and Wildlife

28  Conservation Commission regarding the proposed locations,

29  dates, and methods to be used.

30         Section 7.  Section 388.45, Florida Statutes, is

31  amended to read:

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  1         388.45  Threat to public or animal health; emergency

  2  declarations.--

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

  4  declare that a threat to public health exists when the

  5  Department of Health discovers in the human or surrogate

  6  population the occurrence of an infectious disease that can be

  7  transmitted from mosquitoes or other arthropods to humans. The

  8  State Health Officer must immediately notify the Commissioner

  9  of Agriculture of the declaration of this threat to public

10  health. The Commissioner of Agriculture is authorized to issue

11  a mosquito or other arthropod an emergency declaration in

12  those counties needing additional mosquito or other arthropod

13  control measures based on the State Health Officer's

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

15  threats to animal health. Each declaration must contain the

16  geographical boundaries and the duration of the declaration.

17  The State Health Officer shall order such human medical

18  preventive treatment and the Commissioner of Agriculture shall

19  order such ameliorative mosquito or other arthropod control

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

21  notwithstanding contrary provisions of this chapter or the

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

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

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

25  Environmental Protection and the Fish and Wildlife

26  Conservation Commission of the declaration. Within 24 hours

27  after a mosquito or other arthropod an emergency declaration

28  based on the public health declaration or based on other

29  threats to animal health, the Commissioner of Agriculture must

30  notify the agency heads of the Department of Environmental

31  Protection and the Fish and Wildlife Conservation Commission

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  1  of the declaration. Within 24 hours after an emergency

  2  declaration based on other threats to animal health, the

  3  Commissioner of Agriculture must also notify the agency head

  4  of the Department of Health of the declaration.

  5         (2)  The Commissioner of Agriculture has the authority

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

  7  department discovers the occurrence of an infectious disease

  8  in animals that can be transmitted by mosquitoes or other

  9  arthropods and is authorized to issue an animal health

10  declaration in those counties needing additional veterinary

11  care or mosquito or other arthropod control measures based on

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

13  geographical boundaries and the duration of the declaration.

14  The Commissioner of Agriculture shall order such veterinary

15  treatment or ameliorative mosquito or other arthropod control

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

17  notwithstanding contrary provisions of this chapter or the

18  rules adopted under this chapter. The Commissioner of

19  Agriculture shall immediately notify the State Health Officer

20  and the agency heads of the Department of Environmental

21  Protection and the Fish and Wildlife Conservation Commission

22  upon issuance of an animal health declaration.

23         Section 8.  Subsection (11) of section 403.067, Florida

24  Statutes, is amended to read:

25         403.067  Establishment and implementation of total

26  maximum daily loads.--

27         (11)  IMPLEMENTATION OF ADDITIONAL PROGRAMS.--

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

29  legislative approval, any additional regulatory authority

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

31  130, if such implementation would result in water quality

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  1  discharge regulation of activities not currently subject to

  2  regulation.

  3         (b)  The department or the Department of Agriculture

  4  and Consumer Services may implement the provisions of

  5  subsection (7) for any water body or water body segment listed

  6  under subsection (2) or subsection (4) for which a total

  7  maximum daily load or allocation has not yet been established.

  8  The implementation of such pollution control programs may be

  9  considered by the department in the determination made

10  pursuant to subsection (4).

11         Section 9.  Paragraph (e) of subsection (3) of section

12  403.709, Florida Statutes, is amended to read:

13         403.709  Solid Waste Management Trust Fund; use of

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

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

16  shall be used:

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

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

19  additional grants to local mosquito control agencies in

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

21  and providing mosquito control relating to waste tire sites,

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

23  control agencies as mosquito breeding areas.  Only local

24  mosquito control agencies approved by the Department of

25  Agriculture and Consumer Services may receive funds pursuant

26  to this paragraph.  Each county with an eligible local

27  mosquito control agency shall be allocated a minimum of

28  $15,000 pursuant to this paragraph.  Any remaining funds under

29  this paragraph shall be distributed to eligible local mosquito

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

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

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  1  funds shall be prorated between the agencies based on the

  2  population served by each agency.

  3         Section 10.  Subsection (3) of section 482.2401,

  4  Florida Statutes, is amended to read:

  5         482.2401  Disposition and use of revenues from fees and

  6  fines.--

  7         (3)  All revenues from administrative fines shall be

  8  used to support contract research or education in all pest

  9  control categories. The department shall appoint a committee

10  composed of pest control industry members which shall assist

11  the department in establishing research or education

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

13  in selecting research or education contractors from qualified

14  bidders.

15         Section 11.  Section 482.243, Florida Statutes, is

16  created to read:

17         482.243  Pest Control Enforcement Advisory Council.--

18         (1)  The Pest Control Enforcement Advisory Council is

19  created within the department. The Commissioner of Agriculture

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

21  council is to advise the Commissioner of Agriculture regarding

22  the regulation of pest control practices and to advise

23  government agencies with respect to those activities related

24  to their responsibilities regarding pest control. The council

25  shall serve as the statewide forum for the coordination of

26  pest control related activities to eliminate duplication of

27  effort and maximize protection of the public.

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

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

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

31  urban entomologist; and eight persons each holding a pest

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

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

  3  shall be actively involved in general household pest control,

  4  two shall be actively involved in structural fumigation, and

  5  two shall be actively involved in lawn and landscape pest

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

  7  and shall serve until a successor is appointed.

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

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

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

11  majority of such quorum at any meeting constitutes an official

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

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

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

15  the department, and these records and other documents about

16  matters within the jurisdiction of the council are subject to

17  inspection by members of the council.

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

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

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

21  consecutive terms.

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

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

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

25  environmental emergency arises.

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

27  recordkeeping, and reimbursement of expenses of members of the

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

29  570.0705 relating to advisory committees established within

30  the department.

31

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

  2  enforcement activity conducted by the Division of Agricultural

  3  Environmental Services, which shall include numbers of cases,

  4  numbers of administrative actions, numbers of complaints

  5  received and investigated, and dispositions of complaints;

  6  provide advice to the department on the conduct of pest

  7  control enforcement activities; receive reports on

  8  disciplinary actions, provided that the names of individual

  9  licensees shall be expunged from cases discussed before the

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

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

12  vote, directly to the Commissioner of Agriculture for actions

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

14  services and practices that the council has reviewed.

15         Section 12.  Subsection (2) of section 487.041, Florida

16  Statutes, is amended to read:

17         487.041  Registration.--

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

19  department in connection with carrying out the provisions of

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

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

22  registration fee for each special local need label and

23  experimental use permit shall be $100. All registrations

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

25  shall be construed as applying to distributors or retail

26  dealers selling pesticides when such pesticides are registered

27  by another person.

28         Section 13.  Subsection (6) is added to section

29  500.121, Florida Statutes, to read:

30         500.121  Disciplinary procedures.--

31

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

  2  in a food establishment is labeled with nutrient claims that

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

  4  or reexamine the product within 90 days after notification to

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

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

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

  8  within 60 days after the second notification. The product

  9  manufacturer shall reimburse the department for the cost of

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

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

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

13  order. The department may impose additional sanctions for

14  violations of this subsection.

15         Section 14.  Subsection (3) is added to section

16  500.148, Florida Statutes, to read:

17         500.148  Reports and dissemination of information.--

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

19  department may issue a report certifying that the requesting

20  food establishment currently complies with the sanitation and

21  permitting requirements of this chapter and the rules

22  promulgated thereunder. Such certification may be requested

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

24  department is authorized to recover the cost associated with

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

26  which shall be set by rule.

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

28  Statutes, is amended to read:

29         570.07  Department of Agriculture and Consumer

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

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

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  1         (35)  Under emergency conditions, to authorize the

  2  purchase of supplemental nutritional food and drink items,

  3  provide meals when personnel cannot leave an emergency

  4  incident location, and set temporary meal expenditure limits

  5  for employees engaged in physical activity for prolonged

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

  7  112.061(6), but not to exceed $50 per day.

  8         Section 16.  Subsection (9) is added to section 570.53,

  9  Florida Statutes, to read:

10         570.53  Division of Marketing and Development; powers

11  and duties.--The powers and duties of the Division of

12  Marketing and Development include, but are not limited to:

13         (9)  Administering community budget request allocations

14  that appear in the department's budget in the annual General

15  Appropriations Act. Community budget request allocations

16  administered by the division shall be reviewed to determine

17  eligibility with respect to s. 216.052. The division is

18  authorized to assess and collect an amount necessary to recoup

19  the costs of these services from each allocation not to exceed

20  2 percent of each allocation. The total assessment from all

21  allocations administered by the division shall be deposited in

22  the General Inspection Trust Fund at the beginning of each

23  fiscal year.

24         Section 17.  Subsection (8) of section 573.124, Florida

25  Statutes, is amended to read:

26         573.124  Penalties; violation; hearings.--

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

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

29  775.082 or s. 775.083, for:

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

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

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  1  department, or any marketing agreement or marketing order

  2  effective thereunder.

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

  4  agricultural commodity or in the wholesale or retail trade

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

  6  duly authorized agents, upon request, information concerning

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

  8  received any agricultural commodity regulated by a marketing

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

10  commodity so received.

11         Section 18.  Subsection (5) of section 585.002, Florida

12  Statutes, is amended to read:

13         585.002  Department control; continuance of powers,

14  duties, rules, orders, etc.--

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

16  schedule to cover the approximate costs associated with

17  carrying out the provisions of this chapter. This shall

18  include establishment of fees for provision of health forms,

19  required certificates, certifications, permits, quality

20  assurance programs, and services. No individual fee shall

21  exceed $500 $200, except that the fee for carrying out the

22  quarantine requirements relating to horses imported from

23  countries where contagious equine metritis exists shall not

24  exceed $1,800 $1,500. These fees shall be deposited in the

25  department's General Inspection Trust Fund.

26         Section 19.  Subsection (5) is added to section 585.08,

27  Florida Statutes, to read:

28         585.08  General powers of the department; rules.--The

29  Division of Animal Industry is authorized to:

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

31  spread any contagious, infectious, or communicable disease

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  1  based upon sound epidemiological facts and conclusions to

  2  prevent the further spread of disease when a state or

  3  agricultural declaration of emergency has been declared by the

  4  Governor or the Commissioner of Agriculture.

  5         Section 20.  Section 585.09, Florida Statutes, is

  6  amended to read:

  7         585.09  Procedure for condemnation of animals and

  8  property by department.--Condemnation and destruction of

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

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

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

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

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

14  value shall then be determined by three disinterested

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

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

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

18  585.10, shall be paid by the department as other expenses are

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

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

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

22  permit the property to be condemned and destroyed, the

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

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

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

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

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

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

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

30  and expenses incurred by it in connection with the

31  destruction.

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  1         Section 21.  Section 585.10, Florida Statutes, is

  2  repealed.

  3         Section 22.  Subsection (2) of section 585.105, Florida

  4  Statutes, is amended to read:

  5         585.105  Purchase, distribution, and administration of

  6  approved brucella vaccine.--

  7         (2)  The department shall distribute through employees

  8  of the division, licensed veterinarians, and recognized and

  9  approved agents of the state and federal governments, an

10  approved brucella vaccine at without cost to any owner of

11  cattle in Florida making application therefor upon blanks to

12  be furnished by the department and approved by the

13  administrator of the vaccine if the cattle are part of a

14  recognized herd and are not in channels of trade at the time

15  of vaccination.

16         Section 23.  Section 585.11, Florida Statutes, is

17  amended to read:

18         585.11  Cooperation with United States authorities and

19  United States Department of Agriculture accredited private

20  veterinarians.--The department may cooperate with:

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

22  enforcement of all acts of Congress for the control,

23  prevention, suppression, and eradication of contagious,

24  infectious, and communicable diseases affecting animals, or

25  animal diseases which may affect humans, and in connection

26  therewith may:

27         (a)  Appoint inspectors of the United States Department

28  of Agriculture as temporary assistant state veterinarians or

29  livestock inspectors; provided, they shall first consent to

30  act without compensation or profit from the state;

31

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

  2  conducting work related to the control or eradication of

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

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

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

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

  7  Agriculture in the control or eradication of tuberculosis,

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

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

10  diseased and slaughtered in accordance with the special Acts

11  of Congress now in effect and appropriating funds for this

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

13         (3)  The United States Department of Agriculture in

14  carrying out the provisions of the National Poultry

15  Improvement Plan and the National Turkey Improvement Plan in

16  Florida, and in connection therewith, may promulgate rules

17  necessary to carry out the provisions of the National Poultry

18  Improvement Plan and the National Turkey Improvement Plan in

19  Florida.

20         (4)  Appointed United States Department of Agriculture

21  accredited private veterinarians in conducting work related to

22  the control or eradication of contagious and infectious

23  diseases, who may be compensated for services.

24         Section 24.  Subsection (1) of section 585.21, Florida

25  Statutes, is amended to read:

26         585.21  Sale of biological products.--

27         (1)  Each biological product intended for diagnostic or

28  therapeutic purposes for animals which is manufactured for

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

30  by the United States Department of Agriculture and shall have

31

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  1  written permission of the Department of Agriculture and

  2  Consumer Services prior to sale in the state.

  3         Section 25.  Subsection (3) of section 585.61, Florida

  4  Statutes, is amended to read:

  5         585.61  Animal disease diagnostic laboratories.--

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

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

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

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

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

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

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

13  be deposited in the Animal Industry Diagnostic Laboratory

14  Account within the General Inspection Trust Fund. The fees

15  collected shall be used to improve the diagnostic laboratory

16  services as provided for by the Legislature in the General

17  Appropriations Act.

18         Section 26.  Subsection (1) of section 590.02, Florida

19  Statutes, is amended to read:

20         590.02  Division powers, authority, and duties;

21  liability; building structures; Florida Center for Wildfire

22  and Forest Resources Management Training.--

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

24  and duties:

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

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

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

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

29  such powers, authority, and duties;

30

31

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

  2  the control and direction of the division and its designated

  3  agents;

  4         (d)  To appoint center managers, forest area

  5  supervisors, forestry program administrators, a forest

  6  protection bureau chief, a forest protection assistant bureau

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

  8  operations, district managers, senior forest rangers,

  9  investigators, forest rangers, firefighter rotorcraft pilots,

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

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

12         (e)  To develop a training curriculum for forestry

13  firefighters which must contain the basic volunteer structural

14  fire training course approved by the Florida State Fire

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

16  250 hours of wildfire training;

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

18  chapter; and

19         (g)  To provide fire management services and emergency

20  response assistance and to set and charge reasonable fees for

21  performance of those services. Moneys collected from such fees

22  shall be deposited into the Incidental Trust Fund of the

23  division; and.

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

25  government agencies operating aircraft in the vicinity of an

26  ongoing wildfire to operate in compliance with the applicable

27  state Wildfire Aviation Plan.

28         Section 27.  Section 590.11, Florida Statutes, is

29  amended to read:

30         590.11  Recreational fires.--

31

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

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

  3  leave it unattended or unextinguished.

  4         (2)  Anyone who violates this section commits a

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

  6  775.082 or s. 775.083.

  7         Section 28.  Paragraph (b) of subsection (3) and

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

  9  are amended to read:

10         590.125  Open burning authorized by the division.--

11         (3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS

12  AND PURPOSE.--

13         (b)  Certified prescribed burning pertains only to

14  broadcast burning used in conjunction with silviculture,

15  wildlife, ecological maintenance, range, and pasture

16  management. It must be conducted in accordance with this

17  section subsection and:

18         1.  Must meet all the requirements of paragraph (2)(a).

19         2.1.  May only be accomplished only when a certified

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

21  prescription from ignition of the burn to its completion.

22         3.2.  Requires that a written prescription be prepared

23  before receiving authorization to burn from the division.

24         4.3.  Requires that the specific consent of the

25  landowner or his or her designee be obtained before requesting

26  an authorization.

27         4.  Requires that an authorization to burn be obtained

28  from the division before igniting the burn.

29         5.  Requires that there be adequate firebreaks at the

30  burn site and sufficient personnel and firefighting equipment

31  for the control of the fire.

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  1         5.6.  Is considered to be in the public interest and

  2  does not constitute a public or private nuisance when

  3  conducted under applicable state air pollution statutes and

  4  rules.

  5         6.7.  Is considered to be a property right of the

  6  property owner if vegetative fuels are burned as required in

  7  this subsection.

  8         (c)  A property owner or his or her agent is neither

  9  liable for damage or injury caused by the fire or resulting

10  smoke nor considered to be in violation of subsection (2) for

11  burns conducted in accordance with this subsection unless

12  gross negligence is proven.

13         (d)  Any certified burner who violates this section

14  commits a misdemeanor of the second degree, punishable as

15  provided in s. 775.082 or s. 775.083.

16         (e)  The division shall adopt rules for the use of

17  prescribed burning and for certifying and decertifying

18  certified prescribed burn managers based on their past

19  experience, training, and record of compliance with this

20  section.

21         (4)  WILDFIRE HAZARD REDUCTION TREATMENT BURNING BY THE

22  DIVISION.--The division may conduct fuel reduction initiatives

23  on prescribe burn any area of wild land within the state which

24  is reasonably determined to be in danger of wildfire in

25  accordance with the following procedures:

26         (a)  Describe the areas that will receive fuels

27  treatment be prescribe burned to the affected local

28  governmental entity.

29         (b)  Publish a treatment prescribed burn notice,

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

31  conspicuous manner in at least one newspaper of general

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

  2  days before the treatment burn.

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

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

  5  all landowners in each township designated by the division as

  6  a wildfire hazard area. The notice must describe particularly

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

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

  9  expected benefits from the wildfire hazard reduction

10  prescribed burning.

11         (d)  Consider any landowner objections to the fuels

12  treatment prescribed burning of his or her property. The

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

14  review of alternative methods of fuel reduction on the

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

16  resolve the landowner objection, the director shall convene a

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

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

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

20  recommendation is not acceptable to the landowner, the

21  landowner may request further consideration by the

22  Commissioner of Agriculture or his or her designee and shall

23  thereafter be entitled to an administrative hearing pursuant

24  to the provisions of chapter 120.

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

26  shall incorporate, where feasible and appropriate, the issues

27  of fuels treatment, including prescribed burning into its

28  educational materials.

29         Section 29.  Subsection (4) is added to section

30  597.020, Florida Statutes, to read:

31         597.020  Shellfish processors; regulation.--

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  1         (4)  Any license or certification authorized and issued

  2  under this chapter shall automatically expire on June 30 of

  3  each year.

  4         Section 30.  Paragraph (a) of subsection (7) and

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

  6  Statutes, are amended to read:

  7         616.242  Safety standards for amusement rides.--

  8         (7)  DEPARTMENT INSPECTIONS.--

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

10  ride must be inspected by the department in accordance with

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

12  addition, each permanent amusement ride must be inspected

13  semiannually by the department in accordance with subsection

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

15  amusement ride must be inspected by the department in

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

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

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

19  ride is:

20         1.  Used at a private event; or

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

22  16 persons; or.

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

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

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

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

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

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

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

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

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  1  exemption is responsible for ensuring that no more than three

  2  amusement rides are operated at the event.

  3         (14)  REPORTING AND INVESTIGATION OF ACCIDENTS AND

  4  DEFECTS; IMPOUNDMENTS.--

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

  6  knowledge or, through the exercise of reasonable diligence

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

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

  9  the owner or manager to the department by telephone or

10  facsimile within 4 hours after the occurrence of the accident

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

12  within 24 hours after the occurrence of the accident.

13         Section 31.  Except as otherwise provided in this act,

14  this act shall take effect July 1, 2002.

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  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Revises and adds provisions relating to agriculture and
  4    consumer services. Exempts property leased at
      agricultural marketing facilities from the tax on the
  5    lease or rental of or license in real property. Transfers
      the Sturgeon Production Working Group from the Department
  6    of Environmental Protection to the Department of
      Agriculture and Consumer Services. With respect to
  7    provisions relating to state aid to counties and
      districts for arthropod control, revises provisions,
  8    prorates county funds under certain circumstances,
      provides an exemption from funding requirements under
  9    certain circumstances, authorizes the use of state funds
      when requested by a county or district, and authorizes
10    funds for technical assistance or to purchase equipment,
      supplies, or services. Revises uses for state matching
11    funds for arthropod control. Authorizes the Department of
      Agriculture and Consumer Services to cooperate with local
12    agencies. Authorizes collection, detection, suppression,
      and control of mosquitoes and arthropods on public or
13    private land. Clarifies provisions relating to threats to
      public health and the issuance of emergency declarations.
14    Authorizes declaration of a threat to animal health and
      authorizes treatment or control measures. Authorizes
15    implementation of interim measures for specified water
      bodies for which total maximum daily load or allocation
16    has not yet been established. Eliminates the minimum
      county allocation to local mosquito control agencies from
17    waste tire fees. Adds education in pest control as an
      approved use of administrative fine revenues. Creates the
18    Pest Control Enforcement Advisory Council in the
      department and provides for membership, terms, and
19    procedures. Provides powers and duties of the advisory
      council. Increases the annual registration fee for a
20    registered pesticide. Authorizes the department to issue
      a report certifying food establishment compliance with
21    sanitation and permitting requirements for food
      exportation purposes and authorizes fees. Authorizes the
22    department to provide meals when personnel cannot leave
      emergency incident locations. Requires the Division of
23    Marketing and Development to review and administer
      community budget request allocations and authorizes an
24    assessment. Increases penalties for furnishing false
      information, or refusing to furnish information, relating
25    to the marketing of agricultural commodities. Authorizes
      the department to set fees for additional services
26    relating to the animal industry and increases fee limits.
      Authorizes the Division of Animal Industry, under certain
27    circumstances, to condemn and destroy an animal that is
      liable to spread contagious, infectious, or communicable
28    disease. Repeals provisions relating to limitations on
      payments to owners of condemned and destroyed animals.
29    Authorizes the department to charge for costs of approved
      brucella vaccine. Authorizes the department to cooperate
30    with United States Department of Agriculture accredited
      private veterinarians. Requires written permission of the
31    department prior to sale in the state of certain
      biological products. Increases fees for use of animal
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  1    disease diagnostic laboratories. Revises the powers of
      the Division of Forestry. Provides a criminal penalty for
  2    violations of recreational fire provisions. Revises
      requirements for certified prescribed burning and renames
  3    procedures for protecting wild land from wildfires.
      Requires aquaculture licenses and certifications to
  4    expire annually. Provides that certain kiddie rides are
      exempt from the requirement for receipt of an inspection
  5    certificate each time the ride is set up. Revises
      accident reporting requirements.
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