Senate Bill sb2072e1

CODING: Words stricken are deletions; words underlined are additions.




    CS for CS for SB 2072                          First Engrossed



  1                      A bill to be entitled

  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,


                                  1

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  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


                                  2

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  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


                                  3

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  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


                                  4

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  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,


                                  5

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  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;


                                  6

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  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; providing effective

29         dates.

30

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


                                  7

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



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

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

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

  4  transfer to the Department of Agriculture and Consumer

  5  Services and reestablished as a division within that

  6  department. Notwithstanding the provisions of section

  7  20.06(2)(b), Florida Statutes, the Commissioner of Agriculture

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

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

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

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

12  functions.

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

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

15         20.10  Department of State.--There is created a

16  Department of State.

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

18  are established:

19         (a)  Division of Elections.

20         (b)  Division of Historical Resources.

21         (c)  Division of Corporations.

22         (d)  Division of Library and Information Services.

23         (e)  Division of Licensing.

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

25         (f)(g)  Division of Administration.

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

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

28         20.14  Department of Agriculture and Consumer

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

30  Consumer Services.

31


                                  8

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1         (2)  The following divisions of the Department of

  2  Agriculture and Consumer Services are established:

  3         (a)  Administration.

  4         (b)  Agricultural Environmental Services.

  5         (c)  Animal Industry.

  6         (d)  Aquaculture.

  7         (e)  Consumer Services.

  8         (f)  Dairy Industry.

  9         (g)  Food Safety.

10         (h)  Forestry.

11         (i)  Fruit and Vegetables.

12         (j)  Licensing.

13         (k)(j)  Marketing and Development.

14         (l)(k)  Plant Industry.

15         (m)(l)  Standards.

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

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

18         493.6101  Definitions.--

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

20  and Consumer Services State.

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

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

23         493.6104  Advisory council.--

24         (2)  Council members shall be appointed by the

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

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

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

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

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

30  Commissioner of Agriculture Secretary of State for cause.

31


                                  9

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



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

  2  consecutive meetings.

  3         Section 6.  Effective January 3, 2003, section

  4  493.6108, Florida Statutes, is amended to read:

  5         493.6108  Investigation of applicants by Department of

  6  Agriculture and Consumer Services State.--

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

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

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

10  investigation shall include:

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

12  records. When a criminal history analysis of any applicant

13  under this chapter is performed by means of fingerprint card

14  identification, the time limitations prescribed by s.

15  120.60(1) shall be tolled during the time the applicant's

16  fingerprint card is under review by the Department of Law

17  Enforcement or the United States Department of Justice,

18  Federal Bureau of Investigation.

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

20  the Department of Law Enforcement or the Federal Bureau of

21  Investigation, cannot be obtained after two attempts, the

22  Department of Agriculture and Consumer Services State may

23  determine the applicant's eligibility based upon a criminal

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

25  the Department of Law Enforcement and the Federal Bureau of

26  Investigation. A set of fingerprints taken by a law

27  enforcement agency and a written statement signed by the

28  fingerprint technician or a licensed physician stating that

29  there is a physical condition that precludes obtaining a

30  legible set of fingerprints or that the fingerprints taken are

31


                                  10

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



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

  2  requirement.

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

  4  adjudicated incompetent under chapter 744 or has been

  5  committed to a mental institution under chapter 394.

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

  7  department may deem necessary.

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

  9  shall make an investigation of the general physical fitness of

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

11  Determination of physical fitness shall be certified by a

12  physician currently licensed pursuant to chapter 458, chapter

13  459, or any similar law of another state or authorized to act

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

15  Such certification shall be submitted on a form provided by

16  the department.

17         (3)  The department shall also investigate the mental

18  history and current mental and emotional fitness of any Class

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

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

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

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

23         493.6109  Reciprocity.--

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

25  promulgated only if:

26         (a)  The other state or territory has requirements

27  which are substantially similar to or greater than those

28  established in this chapter.

29         (b)  The applicant has engaged in licensed activities

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

31  disciplinary action against him or her.


                                  11

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1         (c)  The Commissioner of Agriculture Secretary of State

  2  or other appropriate authority of the other state or territory

  3  agrees to accept service of process for those licensees who

  4  are operating in this state on a temporary basis.

  5         Section 8.  Effective January 3, 2003, section

  6  493.6112, Florida Statutes, is amended to read:

  7         493.6112  Notification to Department of Agriculture and

  8  Consumer Services State of changes of partner or officer or

  9  employees.--

10         (1)  After filing the application, unless the

11  department declines to issue the license or revokes it after

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

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

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

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

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

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

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

19  or termination of employment of a licensee, report such

20  employment or termination immediately to the department and,

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

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

23  department.

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

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

26         493.6121  Enforcement; investigation.--

27         (7)  The Department of Legal Affairs shall represent

28  the Department of Agriculture and Consumer Services State in

29  judicial proceedings seeking enforcement of this chapter, or

30  upon an action by any party seeking redress against the

31  department, and shall coordinate with the department in the


                                  12

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  conduct of any investigations incident to its legal

  2  responsibility.

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

  4  Florida Statutes, is amended to read:

  5         790.06  License to carry concealed weapon or firearm.--

  6         (1)  The Department of Agriculture and Consumer

  7  Services State is authorized to issue licenses to carry

  8  concealed weapons or concealed firearms to persons qualified

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

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

11  section, concealed weapons or concealed firearms are defined

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

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

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

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

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

17  license may carry a concealed weapon or concealed firearm

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

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

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

21  concealed weapon or firearm and must display both the license

22  and proper identification upon demand by a law enforcement

23  officer. Violations of the provisions of this subsection shall

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

25  payable to the clerk of the court.

26         (2)  The Department of Agriculture and Consumer

27  Services State shall issue a license if the applicant:

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

29  consular security official of a foreign government that

30  maintains diplomatic relations and treaties of commerce,

31  friendship, and navigation with the United States and is


                                  13

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  certified as such by the foreign government and by the

  2  appropriate embassy in this country;

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

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

  5  prevents the safe handling of a weapon or firearm;

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

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

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

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

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

11  relating to controlled substances within a 3-year period

12  immediately preceding the date on which the application is

13  submitted;

14         (f)  Does not chronically and habitually use alcoholic

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

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

17  applicant chronically and habitually uses alcoholic beverages

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

19  faculties are impaired if the applicant has been committed

20  under chapter 397 or under the provisions of former chapter

21  396 or has been convicted under s. 790.151 or has been deemed

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

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

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

25  on which the application is submitted;

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

27  or firearm for lawful self-defense;

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

29  of the following:

30

31


                                  14

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1         1.  Completion of any hunter education or hunter safety

  2  course approved by the Fish and Wildlife Conservation

  3  Commission or a similar agency of another state;

  4         2.  Completion of any National Rifle Association

  5  firearms safety or training course;

  6         3.  Completion of any firearms safety or training

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

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

  9  institution or organization or firearms training school,

10  utilizing instructors certified by the National Rifle

11  Association, Criminal Justice Standards and Training

12  Commission, or the Department of State;

13         4.  Completion of any law enforcement firearms safety

14  or training course or class offered for security guards,

15  investigators, special deputies, or any division or

16  subdivision of law enforcement or security enforcement;

17         5.  Presents evidence of equivalent experience with a

18  firearm through participation in organized shooting

19  competition or military service;

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

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

22  unless such license has been revoked for cause; or

23         7.  Completion of any firearms training or safety

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

25  Rifle Association certified firearms instructor;

26

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

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

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

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

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


                                  15

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  shows completion of the course or class or evidences

  2  participation in firearms competition shall constitute

  3  evidence of qualification under this paragraph; any person who

  4  conducts a course pursuant to subparagraph 2., subparagraph

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

  6  the completion of such courses, must maintain records

  7  certifying that he or she observed the student safely handle

  8  and discharge the firearm;

  9         (i)  Has not been adjudicated an incapacitated person

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

11  years have elapsed since the applicant's restoration to

12  capacity by court order;

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

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

15  the applicant produces a certificate from a licensed

16  psychiatrist that he or she has not suffered from disability

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

18  application;

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

20  imposition of sentence suspended on any felony or misdemeanor

21  crime of domestic violence unless 3 years have elapsed since

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

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

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

25  currently in force and effect and that restrains the applicant

26  from committing acts of domestic violence or acts of repeat

27  violence; and

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

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

30         (3)  The Department of Agriculture and Consumer

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


                                  16

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



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

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

  3  violence constituting a misdemeanor, unless 3 years have

  4  elapsed since probation or any other conditions set by the

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

  6  expunged. The Department of Agriculture and Consumer Services

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

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

  9  imposition of sentence suspended for one or more crimes of

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

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

12  Florida Department of Law Enforcement and subsequent written

13  verification, suspend a license or the processing of an

14  application for a license if the licensee or applicant is

15  arrested or formally charged with a crime that would

16  disqualify such person from having a license under this

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

18  shall suspend a license or the processing of an application

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

20  injunction that restrains the licensee or applicant from

21  committing acts of domestic violence or acts of repeat

22  violence.

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

24  a form promulgated by the Department of Agriculture and

25  Consumer Services State and shall include:

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

27  and occupation of the applicant;

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

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

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

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


                                  17

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1         (d)  A conspicuous warning that the application is

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

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

  4  subjects the applicant to criminal prosecution under s.

  5  837.06; and

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

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

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

  9  Agriculture and Consumer Services State:

10         (a)  A completed application as described in subsection

11  (4).

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

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

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

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

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

17  the applicant. However, an individual holding an active

18  certification from the Criminal Justice Standards and Training

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

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

21  943.10(1), (2), (3), (6), (7), (8), or (9) is exempt from the

22  licensing requirements of this section.  If any individual

23  holding an active certification from the Criminal Justice

24  Standards and Training Commission as a "law enforcement

25  officer," a "correctional officer," or a "correctional

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

27  (7), (8), or (9) wishes to receive a concealed weapons or

28  firearms license, such person is exempt from the background

29  investigation and all background investigation fees, but shall

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

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


                                  18

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  correctional officer, or a correctional probation officer as

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

  3  required fees and background investigation for a period of 1

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

  5  law enforcement officer, a correctional officer, or a

  6  correctional probation officer.

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

  8  administered by a law enforcement agency.

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

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

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

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

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

14   inches high.

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

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

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

18  applicant to the Department of Law Enforcement for state and

19  federal processing, provided the federal service is available,

20  to be processed for any criminal justice information as

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

22  fingerprints shall be payable to the Department of Law

23  Enforcement by the Department of Agriculture and Consumer

24  Services State.

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

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

27  to exceed $5 for this service.

28         (c)  The Department of Agriculture and Consumer

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

30  of the items listed in subsection (5):

31         1.  Issue the license; or


                                  19

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1         2.  Deny the application based solely on the ground

  2  that the applicant fails to qualify under the criteria listed

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

  4  Agriculture and Consumer Services State denies the

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

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

  7  to a hearing pursuant to chapter 120.

  8         3.  In the event the department receives criminal

  9  history information with no final disposition on a crime which

10  may disqualify the applicant, the time limitation prescribed

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

12  disposition or proof of restoration of civil and firearm

13  rights.

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

15  determined by the Department of Agriculture and Consumer

16  Services State or the Federal Bureau of Investigation, cannot

17  be obtained after two attempts, the Department of Agriculture

18  and Consumer Services State shall determine eligibility based

19  upon the name checks conducted by the Florida Department of

20  Law Enforcement.

21         (e)  A consular security official of a foreign

22  government that maintains diplomatic relations and treaties of

23  commerce, friendship, and navigation with the United States

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

25  appropriate embassy in this country must be issued a license

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

27  application, certification document, color photograph as

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

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

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

31  application process as provided in this section.


                                  20

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1         (7)  The Department of Agriculture and Consumer

  2  Services State shall maintain an automated listing of

  3  licenseholders and pertinent information, and such information

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

  5  law enforcement agencies through the Florida Crime Information

  6  Center.

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

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

  9  destroyed, the licensee shall notify the Department of

10  Agriculture and Consumer Services State of such change.

11  Failure to notify the Department of Agriculture and Consumer

12  Services State pursuant to the provisions of this subsection

13  shall constitute a noncriminal violation with a penalty of

14  $25.

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

16  license is lost or destroyed, the license shall be

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

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

19  Agriculture and Consumer Services State, obtain a duplicate,

20  or substitute thereof, upon furnishing a notarized statement

21  to the Department of Agriculture and Consumer Services State

22  that such license has been lost or destroyed.

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

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

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

26  forth in subsection (2);

27         (b)  Develops or sustains a physical infirmity which

28  prevents the safe handling of a weapon or firearm;

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

30  licensee ineligible to possess a firearm pursuant to s.

31  790.23;


                                  21

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



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

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

  3  controlled substances;

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

  5  397, or is deemed a habitual offender under s. 856.011(3), or

  6  similar laws of any other state;

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

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

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

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

11  to the date on which the application was submitted;

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

13  744.331, or similar laws of any other state; or

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

15  394, or similar laws of any other state.

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

17  of the license, the Department of Agriculture and Consumer

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

19  the expiration and a renewal form prescribed by the Department

20  of Agriculture and Consumer Services State. The licensee must

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

22  filing with the Department of Agriculture and Consumer

23  Services State the renewal form containing a notarized

24  affidavit stating that the licensee remains qualified pursuant

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

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

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

28  completed fingerprint card and fingerprint processing fee.

29  The license shall be renewed upon receipt of the completed

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

31  and, if applicable, a completed fingerprint card.


                                  22

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  Additionally, a licensee who fails to file a renewal

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

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

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

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

  6  whose license has been permanently expired may reapply for

  7  licensure; however, an application for licensure and fees

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

  9  investigation shall be conducted pursuant to the provisions of

10  this section. Persons who knowingly file false information

11  pursuant to this subsection shall be subject to criminal

12  prosecution under s. 837.06.

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

14  authorize any person to carry a concealed weapon or firearm

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

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

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

18  except that nothing in this section would preclude a judge

19  from carrying a concealed weapon or determining who will carry

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

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

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

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

24  or professional athletic event not related to firearms; any

25  school administration building; any portion of an

26  establishment licensed to dispense alcoholic beverages for

27  consumption on the premises, which portion of the

28  establishment is primarily devoted to such purpose; any

29  elementary or secondary school facility; any area technical

30  center; any college or university facility unless the licensee

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


                                  23

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



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

  2  nonlethal electric weapon or device designed solely for

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

  4  projectile; inside the passenger terminal and sterile area of

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

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

  7  encased for shipment for purposes of checking such firearm as

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

  9  place where the carrying of firearms is prohibited by federal

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

11  subsection commits a misdemeanor of the second degree,

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

13         (13)  All moneys collected by the department pursuant

14  to this section shall be deposited in the Division of

15  Licensing Trust Fund, and the Legislature shall appropriate

16  from the fund those amounts deemed necessary to administer the

17  provisions of this section.  All revenues collected, less

18  those costs determined by the Department of Agriculture and

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

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

21  Notwithstanding the provisions of s. 493.6117, all moneys

22  collected pursuant to this section shall not revert to the

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

24  requirement for payment of the service charge imposed pursuant

25  to chapter 215.

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

27  provisions of this section shall be deposited into the general

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

29  sheriff.

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

31  policy and fact that it is necessary to provide statewide


                                  24

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  uniform standards for issuing licenses to carry concealed

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

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

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

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

  6  section is subjectively or arbitrarily denied his or her

  7  rights.  The Department of Agriculture and Consumer Services

  8  State shall implement and administer the provisions of this

  9  section.  The Legislature does not delegate to the Department

10  of Agriculture and Consumer Services State the authority to

11  regulate or restrict the issuing of licenses provided for in

12  this section, beyond those provisions contained in this

13  section.  Subjective or arbitrary actions or rules which

14  encumber the issuing process by placing burdens on the

15  applicant beyond those sworn statements and specified

16  documents detailed in this section or which create

17  restrictions beyond those specified in this section are in

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

19  This section shall be liberally construed to carry out the

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

21  section is supplemental and additional to existing rights to

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

23  diminish such rights.

24         (16)  The Department of Agriculture and Consumer

25  Services State shall maintain statistical information on the

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

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

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

29  Hagler Self Defense Act."

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

31  Statutes, is amended to read:


                                  25

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1         316.515  Maximum width, height, length.--

  2         (5)  IMPLEMENTS OF HUSBANDRY, AGRICULTURAL TRAILERS,

  3  SAFETY REQUIREMENTS.--Notwithstanding any other provisions of

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

  5  50 feet in length, or any combination of up to and including

  6  three implements of husbandry including the towing power unit,

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

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

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

10  or other perishable farm products from their point of

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

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

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

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

15  combination of vehicles otherwise complies with this section.

16  Such vehicles shall be operated in accordance with all safety

17  requirements prescribed by law and Department of

18  Transportation rules. The Department of Transportation may

19  issue overlength permits for cotton module movers greater than

20  50 feet but not more than 55 feet in overall length.

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

22  Florida Statutes, are amended to read:

23         370.31  Commercial production of sturgeon.--

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

25  is created within the Department of Agriculture and Consumer

26  Services Environmental Protection and shall be composed of

27  seven six members as follows:

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

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

30  Agricultural Sciences.  Such member shall be appointed by the

31


                                  26

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  University of Florida's Vice President for Agricultural

  2  Affairs.

  3         (b)  One representative from the Department of

  4  Environmental Protection to be appointed by the Secretary of

  5  Environmental Protection.

  6         (c)  One representative from the Fish and Wildlife

  7  Conservation Commission to be appointed by the executive

  8  director of the Fish and Wildlife Conservation Commission.

  9         (d)  One representative from the Department of

10  Agriculture and Consumer Services to be appointed by the

11  Commissioner of Agriculture.

12         (e)  Two representatives from the aquaculture industry

13  to be appointed by the Aquaculture Review Council.

14         (f)  One representative from a private nonprofit

15  organization involved in sturgeon production work, to be

16  appointed by the Commissioner of Agriculture.

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

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

19  chair and, vice chair, and secretary.

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

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

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

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

24  other working group members and then notify any remaining

25  members of the meeting.

26         (b)  The Department of Agriculture and Consumer

27  Services secretary shall keep a complete record of the

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

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

30  records shall be kept on file with the Department of

31  Environmental Protection with copies filed with the Department


                                  27

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  of Fisheries and Aquatic Sciences at the University of

  2  Florida.  The records shall be public records pursuant to

  3  chapter 119.

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

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

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

  7  including attendance at meetings, as allowed public officers

  8  and employees pursuant to s. 112.061 one representative from

  9  the Department of Environmental Protection, one representative

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

11  least two other members.

12         Section 13.  Section 388.261, Florida Statutes, is

13  amended to read:

14         388.261  State aid to counties and districts for

15  arthropod control; distribution priorities and limitations.--

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

17  derived either by special tax levy or funds appropriated or

18  otherwise made available for the control of mosquitoes and

19  other arthropods under a plan submitted by the county or

20  district and upon approval by the department, shall be

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

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

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

24  county or district may, without contributing matching funds,

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

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

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

28  mosquitoes and other arthropods which serves an area not

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

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

31  by the department.


                                  28

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



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

  2  local funds to be used exclusively for the control of

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

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

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

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

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

  8  local funds budgeted for such control.  Should state funds

  9  appropriated by the Legislature be insufficient to grant each

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

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

12  department shall prorate said state funds based on the amount

13  of matchable local funds budgeted for expenditure by each

14  county or district.

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

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

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

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

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

20  during any one year.

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

22  to local governments for arthropod control may be used for

23  arthropod control research or demonstration projects as

24  approved by the department.

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

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

27  agencies based on the population served by each agency.

28         (6)  The Commissioner of Agriculture may exempt

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

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

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


                                  29

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  necessary for the immediate control of mosquitoes and other

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

  3         (7)  The department may use state funds appropriated

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

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

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

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

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

  9  percent of the funds appropriated annually by the Legislature

10  under this section to provide technical assistance to the

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

12  services necessary to administer the provisions of this

13  chapter.

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

15  Statutes, is amended to read:

16         388.281  Use of state matching funds.--

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

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

19  exclusively for an integrated program that provides a

20  combination of mosquito control, source reduction measures,

21  public education, personnel training and certification,

22  arthropod population surveillance, research and demonstration

23  projects, larvicides, adulticides, equipment, and public

24  epidemic alerts as approved by the department. Source

25  reduction measures may include measures to improve management

26  and enhance the ecological integrity of source reduction

27  areas.  If source reduction measures require permits,

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

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

30  obtained prior to commencement of the source reduction

31  project.  These measures include sanitary landfills, drainage,


                                  30

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



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

  2  maintenance, and operation of all types of equipment including

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

  4  machinery and materials utilized in ditching, ditch lining,

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

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

  7  lowest responsible bidder.

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

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

10  section, to read:

11         388.361  Department authority and rules;

12  administration.--

13         (6)  The department shall have the authority to

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

15  enter into such cooperative agreements or commitments as the

16  department may determine necessary to carry out and enforce

17  the provisions of this chapter.

18         (7)  The department shall have the authority to

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

20  arthropods that are determined by the State Health Officer to

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

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

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

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

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

26  mosquitoes or other arthropods, the department shall consult

27  with the mosquito control districts in the proposed treatment

28  areas, the Department of Health, the Department of

29  Environmental Protection, and the Fish and Wildlife

30  Conservation Commission regarding the proposed locations,

31  dates, and methods to be used.


                                  31

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1         Section 16.  Section 388.45, Florida Statutes, is

  2  amended to read:

  3         388.45  Threat to public or animal health; emergency

  4  declarations.--

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

  6  declare that a threat to public health exists when the

  7  Department of Health discovers in the human or surrogate

  8  population the occurrence of an infectious disease that can be

  9  transmitted from mosquitoes or other arthropods to humans. The

10  State Health Officer must immediately notify the Commissioner

11  of Agriculture of the declaration of this threat to public

12  health. The Commissioner of Agriculture is authorized to issue

13  a mosquito or other arthropod an emergency declaration in

14  those counties needing additional mosquito or other arthropod

15  control measures based on the State Health Officer's

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

17  threats to animal health. Each declaration must contain the

18  geographical boundaries and the duration of the declaration.

19  The State Health Officer shall order such human medical

20  preventive treatment and the Commissioner of Agriculture shall

21  order such ameliorative mosquito or other arthropod control

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

23  notwithstanding contrary provisions of this chapter or the

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

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

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

27  Environmental Protection and the Fish and Wildlife

28  Conservation Commission of the declaration. Within 24 hours

29  after a mosquito or other arthropod an emergency declaration

30  based on the public health declaration or based on other

31  threats to animal health, the Commissioner of Agriculture must


                                  32

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  notify the agency heads of the Department of Environmental

  2  Protection and the Fish and Wildlife Conservation Commission

  3  of the declaration. Within 24 hours after an emergency

  4  declaration based on other threats to animal health, the

  5  Commissioner of Agriculture must also notify the agency head

  6  of the Department of Health of the declaration.

  7         (2)  The Commissioner of Agriculture has the authority

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

  9  department discovers the occurrence of an infectious disease

10  in animals that can be transmitted by mosquitoes or other

11  arthropods and is authorized to issue an animal health

12  declaration in those counties needing additional veterinary

13  care or mosquito or other arthropod control measures based on

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

15  geographical boundaries and the duration of the declaration.

16  The Commissioner of Agriculture shall order such veterinary

17  treatment or ameliorative mosquito or other arthropod control

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

19  notwithstanding contrary provisions of this chapter or the

20  rules adopted under this chapter. The Commissioner of

21  Agriculture shall immediately notify the State Health Officer

22  and the agency heads of the Department of Environmental

23  Protection and the Fish and Wildlife Conservation Commission

24  upon issuance of an animal health declaration.

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

26  Florida Statutes, is amended to read:

27         403.067  Establishment and implementation of total

28  maximum daily loads.--

29         (11)  IMPLEMENTATION OF ADDITIONAL PROGRAMS.--

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

31  legislative approval, any additional regulatory authority


                                  33

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



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

  2  130, if such implementation would result in water quality

  3  discharge regulation of activities not currently subject to

  4  regulation.

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

  6  other measures may be developed and voluntarily implemented

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

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

  9  allocation has not been established. The implementation of

10  such pollution-control programs may be considered by the

11  department in the determination made pursuant to subsection

12  (4).

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

14  of section 403.707, Florida Statutes, to read:

15         403.707  Permits.--

16         (12)  The department shall establish a separate

17  category for solid waste management facilities which accept

18  only construction and demolition debris for disposal or

19  recycling.  The department shall establish a reasonable

20  schedule for existing facilities to comply with this section

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

22  permitted solid waste disposal unit which receives a

23  significant amount of waste prior to the compliance deadline

24  established in this schedule shall not be required to be

25  retrofitted with liners or leachate control systems.

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

27  must implement a groundwater monitoring system adequate to

28  detect contaminants that may reasonably be expected to result

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

30         (k)  Brazilian pepper and other invasive exotic plant

31  species as designated by the department resulting from


                                  34

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  eradication projects may be processed at permitted

  2  construction and demolition debris recycling facilities or

  3  disposed of at permitted construction and demolition debris

  4  disposal facilities or Class III facilities. The department

  5  may adopt rules to implement this paragraph.

  6         Section 19.  Paragraph (e) of subsection (3) of section

  7  403.709, Florida Statutes, is amended to read:

  8         403.709  Solid Waste Management Trust Fund; use of

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

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

11  shall be used:

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

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

14  additional grants to local mosquito control agencies in

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

16  and providing mosquito control relating to waste tire sites,

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

18  control agencies as mosquito breeding areas.  Only local

19  mosquito control agencies approved by the Department of

20  Agriculture and Consumer Services may receive funds pursuant

21  to this paragraph.  Each county with an eligible local

22  mosquito control agency shall be allocated a minimum of

23  $15,000 pursuant to this paragraph.  Any remaining funds under

24  this paragraph shall be distributed to eligible local mosquito

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

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

27  funds shall be prorated between the agencies based on the

28  population served by each agency.

29         Section 20.  Section 482.227, Florida Statutes, is

30  amended to read:

31         482.227  Guarantees and warranties.--


                                  35

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



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

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

  3  wood-destroying organisms and intends to clarify that the

  4  purpose of this section is to assure that the consumer

  5  understands whether a contract contains a "guarantee" or

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

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

  8  wood-destroying organisms indicates conspicuously on the front

  9  page whether the guarantee or warranty is for repair and

10  retreatment or for retreatment only or that no guaranty or

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

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

13  only in the following circumstances:

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

15  property damaged by wood-destroying organisms during a

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

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

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

19  disclaimer under subsection (2).

20         (b)  If the licensee promises only to provide

21  additional treatment if infestation occurs during a specified

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

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

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

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

26  the property or provide additional treatment, the term

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

28  disclaimer under subsection (2).

29         (2)  A disclaimer indicating that no guarantee or

30  warranty is offered under the contract Any statement

31


                                  36

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  disclaiming an expressed or implied guarantee or warranty must

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

  3         Section 21.  Effective October 1, 2003, section

  4  482.227, Florida Statutes, as amended by this act, is amended

  5  to read:

  6         482.227  Guarantees and warranties; contracts executed

  7  after October 1, 2003.--

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

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

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

11  purpose of this section is to assure that contract language

12  describing the consumer understands whether a contract

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

14  identifiable for the protection of consumers and licensees for

15  repair and retreatment or for retreatment only or contains no

16  guarantee. Therefore the following provisions shall apply to

17  each new contract for the treatment of wood-destroying

18  organisms issued by the licensee and signed by the customer

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

20  wood-destroying organisms indicates conspicuously on the front

21  page whether the guarantee or warranty is for repair and

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

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

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

25  only in the following circumstances:

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

27  damaged by wood-destroying organisms during a specified period

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

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

30  that term occurs other than in a disclaimer under subsection

31  (2).


                                  37

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1         (b)  If the licensee promises only to provide

  2  additional treatment if infestation occurs during a specified

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

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

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

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

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

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

  9  subsection (2).

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

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

12  is offered for repair and retreatment or for retreatment only

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

14  indicating that no guarantee or warranty is offered under the

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

16  contract.

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

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

19  there are any disclaimers, limitations, conditions, or

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

21  the property. Contract sections describing disclaimers,

22  limitations, conditions, or exclusions applicable to the

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

24  contain headings in bold print.

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

26  organisms contains a disclaimer, limitation, condition, or

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

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

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

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

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


                                  38

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



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

  2  amended by section 11 apply only to contracts for the

  3  treatment of wood-destroying organisms issued by the licensee

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

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

  6  Florida Statutes, is amended to read:

  7         482.2401  Disposition and use of revenues from fees and

  8  fines.--

  9         (3)  All revenues from administrative fines shall be

10  used to support contract research or education in all pest

11  control categories. The department shall appoint a committee

12  composed of pest control industry members which shall assist

13  the department in establishing research or education

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

15  in selecting research or education contractors from qualified

16  bidders.

17         Section 24.  Section 482.243, Florida Statutes, is

18  created to read:

19         482.243  Pest Control Enforcement Advisory Council.--

20         (1)  The Pest Control Enforcement Advisory Council is

21  created within the department. The Commissioner of Agriculture

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

23  council is to advise the Commissioner of Agriculture regarding

24  the regulation of pest control practices and to advise

25  government agencies with respect to those activities related

26  to their responsibilities regarding pest control. The council

27  shall serve as the statewide forum for the coordination of

28  pest control related activities to eliminate duplication of

29  effort and maximize protection of the public.

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

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


                                  39

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



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

  2  urban entomologist; and eight persons each holding a pest

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

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

  5  shall be actively involved in general household pest control,

  6  two shall be actively involved in structural fumigation, and

  7  two shall be actively involved in lawn and landscape pest

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

  9  and shall serve until a successor is appointed.

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

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

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

13  majority of such quorum at any meeting constitutes an official

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

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

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

17  the department, and these records and other documents about

18  matters within the jurisdiction of the council are subject to

19  inspection by members of the council.

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

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

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

23  consecutive terms.

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

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

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

27  environmental emergency arises.

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

29  recordkeeping, and reimbursement of expenses of members of the

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

31


                                  40

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  570.0705 relating to advisory committees established within

  2  the department.

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

  4  enforcement activity conducted by the Division of Agricultural

  5  Environmental Services, which shall include numbers of cases,

  6  numbers of administrative actions, numbers of complaints

  7  received and investigated, and dispositions of complaints;

  8  provide advice to the department on the conduct of pest

  9  control enforcement activities; receive reports on

10  disciplinary actions, provided that the names of individual

11  licensees shall be expunged from cases discussed before the

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

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

14  vote, directly to the Commissioner of Agriculture for actions

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

16  services and practices that the council has reviewed.

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

18  Statutes, is amended to read:

19         487.041  Registration.--

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

21  department in connection with carrying out the provisions of

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

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

24  registration fee for each special local need label and

25  experimental use permit shall be $100. All registrations

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

27  shall be construed as applying to distributors or retail

28  dealers selling pesticides when such pesticides are registered

29  by another person.

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

31  500.121, Florida Statutes, to read:


                                  41

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1         500.121  Disciplinary procedures.--

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

  3  in a food establishment is labeled with nutrient claims that

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

  5  or reexamine the product within 90 days after notification to

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

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

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

  9  within 60 days after the second notification. The product

10  manufacturer shall reimburse the department for the cost of

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

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

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

14  order. The department may impose additional sanctions for

15  violations of this subsection.

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

17  500.148, Florida Statutes, to read:

18         500.148  Reports and dissemination of information.--

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

20  department may issue a report certifying that the requesting

21  food establishment currently complies with the sanitation and

22  permitting requirements of this chapter and the rules

23  promulgated thereunder. Such certification may be requested

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

25  department is authorized to recover the cost associated with

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

27  which shall be set by rule.

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

29  501.160, Florida Statutes, to read:

30

31


                                  42

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1         501.160  Rental or sale of essential commodities during

  2  a declared state of emergency; prohibition against

  3  unconscionable prices.--

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

  5  the Department of Agriculture and Consumer Services, the

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

  7  Affairs.

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

  9  Statutes, is amended to read:

10         570.07  Department of Agriculture and Consumer

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

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

13         (35)  Under emergency conditions, to authorize the

14  purchase of supplemental nutritional food and drink items,

15  provide meals when personnel cannot leave an emergency

16  incident location, and set temporary meal expenditure limits

17  for employees engaged in physical activity for prolonged

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

19  112.061(6), but not to exceed $50 per day.

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

21  Statutes, is amended to read:

22         573.124  Penalties; violation; hearings.--

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

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

25  775.082 or s. 775.083, for:

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

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

28  department, or any marketing agreement or marketing order

29  effective thereunder.

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

31  agricultural commodity or in the wholesale or retail trade


                                  43

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



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

  2  duly authorized agents, upon request, information concerning

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

  4  received any agricultural commodity regulated by a marketing

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

  6  commodity so received.

  7         Section 31.  Section 581.091, Florida Statutes, is

  8  amended to read:

  9         581.091  Noxious weeds and infected plants or regulated

10  articles; sale or distribution; receipt; information to

11  department; withholding information.--

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

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

14  or plant product or regulated article infested or infected

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

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

17  horticultural interests.

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

19  that such person possesses or has knowingly received any

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

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

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

23  the rules adopted thereunder shall immediately inform the

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

25  product, or other thing unopened or unused subject to

26  inspection or other disposition as may be provided by the

27  department.

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

29  or withhold available information regarding any infected or

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

31  weed.


                                  44

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



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

  2  of Food and Agricultural Sciences at the University of

  3  Florida, shall biennially review the official state lists of

  4  noxious weeds and invasive plants as provided for under this

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

  6  shall be incorporated into the department lists as provided

  7  for under this chapter.  A water management district when

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

  9  government when identifying by ordinance or regulation adopted

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

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

12  shall only adopt the lists developed under this chapter or

13  rules adopted thereunder.  All local government ordinances or

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

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

16  ordinances or regulations requiring the removal of invasive

17  plants or noxious weeds from publicly or privately owned

18  conservation areas or preserves shall be exempt from the

19  limitations in this subsection.

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

21  Statutes, is amended to read:

22         585.002  Department control; continuance of powers,

23  duties, rules, orders, etc.--

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

25  schedule to cover the approximate costs associated with

26  carrying out the provisions of this chapter. This shall

27  include establishment of fees for provision of health forms,

28  required certificates, certifications, permits, quality

29  assurance programs, and services. No individual fee shall

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

31  quarantine requirements relating to horses imported from


                                  45

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  countries where contagious equine metritis exists shall not

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

  3  department's General Inspection Trust Fund.

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

  5  Florida Statutes, to read:

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

  7  Division of Animal Industry is authorized to:

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

  9  spread any contagious, infectious, or communicable disease

10  based upon sound epidemiological facts and conclusions to

11  prevent the further spread of disease when a state or

12  agricultural declaration of emergency has been declared by the

13  Governor or the Commissioner of Agriculture.

14         Section 34.  Section 585.09, Florida Statutes, is

15  amended to read:

16         585.09  Procedure for condemnation of animals and

17  property by department.--Condemnation and destruction of

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

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

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

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

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

23  value shall then be determined by three disinterested

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

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

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

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

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

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

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

31  permit the property to be condemned and destroyed, the


                                  46

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



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

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

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

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

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

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

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

  8  and expenses incurred by it in connection with the

  9  destruction.

10         Section 35.  Section 585.10, Florida Statutes, is

11  repealed.

12         Section 36.  Section 585.11, Florida Statutes, is

13  amended to read:

14         585.11  Cooperation with United States authorities and

15  United States Department of Agriculture accredited private

16  veterinarians.--The department may cooperate with:

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

18  enforcement of all acts of Congress for the control,

19  prevention, suppression, and eradication of contagious,

20  infectious, and communicable diseases affecting animals, or

21  animal diseases which may affect humans, and in connection

22  therewith may:

23         (a)  Appoint inspectors of the United States Department

24  of Agriculture as temporary assistant state veterinarians or

25  livestock inspectors; provided, they shall first consent to

26  act without compensation or profit from the state;

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

28  conducting work related to the control or eradication of

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

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

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


                                  47

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



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

  2  Agriculture in the control or eradication of tuberculosis,

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

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

  5  diseased and slaughtered in accordance with the special Acts

  6  of Congress now in effect and appropriating funds for this

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

  8         (3)  The United States Department of Agriculture in

  9  carrying out the provisions of the National Poultry

10  Improvement Plan and the National Turkey Improvement Plan in

11  Florida, and in connection therewith, may promulgate rules

12  necessary to carry out the provisions of the National Poultry

13  Improvement Plan and the National Turkey Improvement Plan in

14  Florida.

15         (4)  Appointed United States Department of Agriculture

16  accredited private veterinarians in conducting work related to

17  the control or eradication of contagious and infectious

18  diseases, who may be compensated for services.

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

20  Statutes, is amended to read:

21         585.21  Sale of biological products.--

22         (1)  Each biological product intended for diagnostic or

23  therapeutic purposes for animals which is manufactured for

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

25  by the United States Department of Agriculture and shall have

26  written permission of the Department of Agriculture and

27  Consumer Services prior to sale in the state.

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

29  Statutes, is amended to read:

30         585.61  Animal disease diagnostic laboratories.--

31


                                  48

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



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

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

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

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

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

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

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

  8  be deposited in the Animal Industry Diagnostic Laboratory

  9  Account within the General Inspection Trust Fund. The fees

10  collected shall be used to improve the diagnostic laboratory

11  services as provided for by the Legislature in the General

12  Appropriations Act.

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

14  Florida Statutes, are amended to read:

15         590.02  Division powers, authority, and duties;

16  liability; building structures; Florida Center for Wildfire

17  and Forest Resources Management Training.--

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

19  and duties:

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

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

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

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

24  such powers, authority, and duties;

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

26  the control and direction of the division and its designated

27  agents;

28         (d)  To appoint center managers, forest area

29  supervisors, forestry program administrators, a forest

30  protection bureau chief, a forest protection assistant bureau

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


                                  49

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  operations, district managers, senior forest rangers,

  2  investigators, forest rangers, firefighter rotorcraft pilots,

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

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

  5  Other provisions of law notwithstanding, center managers,

  6  district managers, forest protection assistant bureau chief,

  7  and deputy chiefs of field operations shall have Selected

  8  Exempt Service status in the state personnel designation;

  9         (e)  To develop a training curriculum for forestry

10  firefighters which must contain the basic volunteer structural

11  fire training course approved by the Florida State Fire

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

13  250 hours of wildfire training;

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

15  chapter; and

16         (g)  To provide fire management services and emergency

17  response assistance and to set and charge reasonable fees for

18  performance of those services. Moneys collected from such fees

19  shall be deposited into the Incidental Trust Fund of the

20  division; and.

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

22  government agencies operating aircraft in the vicinity of an

23  ongoing wildfire to operate in compliance with the applicable

24  state Wildfire Aviation Plan.

25         (5)  The division shall organize its operational units

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

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

28  its activities in each unit. The division may construct

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

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

31  equipment for firefighting. The division may reimburse the


                                  50

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



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

  2  suppression of wildfires for their personnel and equipment,

  3  including aircraft.

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

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

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

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

  8  native of Dixie County.

  9         Section 40.  Section 590.11, Florida Statutes, is

10  amended to read:

11         590.11  Recreational fires.--

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

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

14  leave it unattended or unextinguished.

15         (2)  Anyone who violates this section commits a

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

17  775.082 or s. 775.083.

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

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

20  are amended to read:

21         590.125  Open burning authorized by the division.--

22         (3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS

23  AND PURPOSE.--

24         (b)  Certified prescribed burning pertains only to

25  broadcast burning. It must be conducted in accordance with

26  this subsection and:

27         1.  May only be accomplished only when a certified

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

29  prescription from ignition of the burn to its completion.

30         2.  Requires that a written prescription be prepared

31  before receiving authorization to burn from the division.


                                  51

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1         3.  Requires that the specific consent of the landowner

  2  or his or her designee be obtained before requesting an

  3  authorization.

  4         4.  Requires that an authorization to burn be obtained

  5  from the division before igniting the burn.

  6         5.  Requires that there be adequate firebreaks at the

  7  burn site and sufficient personnel and firefighting equipment

  8  for the control of the fire.

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

10  not constitute a public or private nuisance when conducted

11  under applicable state air pollution statutes and rules.

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

13  property owner if vegetative fuels are burned as required in

14  this subsection.

15         (4)  WILDFIRE HAZARD REDUCTION TREATMENT BURNING BY THE

16  DIVISION.--The division may conduct fuel reduction

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

18  mechanical and chemical treatment, on prescribe burn any area

19  of wild land within the state which is reasonably determined

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

21  procedures:

22         (a)  Describe the areas that will receive fuels

23  treatment be prescribe burned to the affected local

24  governmental entity.

25         (b)  Publish a treatment prescribed burn notice,

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

27  conspicuous manner in at least one newspaper of general

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

29  days before the treatment burn.

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

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


                                  52

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  all landowners in each township designated by the division as

  2  a wildfire hazard area. The notice must describe particularly

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

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

  5  expected benefits from the wildfire hazard reduction

  6  prescribed burning.

  7         (d)  Consider any landowner objections to the fuels

  8  treatment prescribed burning of his or her property. The

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

10  review of alternative methods of fuel reduction on the

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

12  resolve the landowner objection, the director shall convene a

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

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

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

16  recommendation is not acceptable to the landowner, the

17  landowner may request further consideration by the

18  Commissioner of Agriculture or his or her designee and shall

19  thereafter be entitled to an administrative hearing pursuant

20  to the provisions of chapter 120.

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

22  shall incorporate, where feasible and appropriate, the issues

23  of fuels treatment, including prescribed burning into its

24  educational materials.

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

26  597.020, Florida Statutes, to read:

27         597.020  Shellfish processors; regulation.--

28         (4)  Any license or certification authorized and issued

29  under this chapter shall automatically expire on June 30 of

30  each year.

31


                                  53

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



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

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

  3  Statutes, are amended to read:

  4         616.242  Safety standards for amusement rides.--

  5         (7)  DEPARTMENT INSPECTIONS.--

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

  7  ride must be inspected by the department in accordance with

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

  9  addition, each permanent amusement ride must be inspected

10  semiannually by the department in accordance with subsection

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

12  amusement ride must be inspected by the department in

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

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

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

16  ride is:

17         1.  Used at a private event; or

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

19  16 persons; or.

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

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

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

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

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

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

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

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

28  exemption is responsible for ensuring that no more than three

29  amusement rides are operated at the event.

30         (14)  REPORTING AND INVESTIGATION OF ACCIDENTS AND

31  DEFECTS; IMPOUNDMENTS.--


                                  54

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



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

  2  knowledge or, through the exercise of reasonable diligence

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

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

  5  the owner or manager to the department by telephone or

  6  facsimile within 4 hours after the occurrence of the accident

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

  8  within 24 hours after the occurrence of the accident.

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

10  Statutes, is amended to read:

11         496.404  Definitions.--As used in ss. 496.401-496.424:

12         (8)  "Educational institutions" means those

13  institutions and organizations described in s.

14  212.08(7)(cc)8.a. The term includes private nonprofit

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

16  schools teaching grades kindergarten through grade 12,

17  colleges, and universities, including any nonprofit newspaper

18  of free or paid circulation primarily on university or college

19  campuses which holds a current exemption from federal income

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

21  educational television or radio network or system established

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

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

24  system and that holds a current exemption from federal income

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

26  also includes a nonprofit educational cable consortium that

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

28  501(c)(3) of the Internal Revenue Code, whose primary purpose

29  is the delivery of educational and instructional cable

30  television programming and whose members are composed

31  exclusively of educational organizations that hold a valid


                                  55

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  consumer certificate of exemption and that are either an

  2  educational institution as defined in this subsection or

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

  4  of the Internal Revenue Code.

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

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

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

  8         (2)  The Department of Agriculture and Consumer

  9  Services is authorized to erect a suitable marker for the

10  designation made by this section.

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

12  316.640, Florida Statutes, is amended to read:

13         316.640  Enforcement.--The enforcement of the traffic

14  laws of this state is vested as follows:

15         (1)  STATE.--

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

17  Department of Highway Safety and Motor Vehicles, the Division

18  of Law Enforcement of the Fish and Wildlife Conservation

19  Commission, the Division of Law Enforcement of the Department

20  of Environmental Protection, and law enforcement officers of

21  the Department of Transportation each have authority to

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

23  streets and highways thereof and elsewhere throughout the

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

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

26  as a traffic accident investigation officer any individual who

27  successfully completes at least 200 hours of instruction in

28  traffic accident investigation and court presentation through

29  the Selective Traffic Enforcement Program as approved by the

30  Criminal Justice Standards and Training Commission and funded

31  through the National Highway Traffic Safety Administration or


                                  56

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



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

  2  necessarily meet the uniform minimum standards established by

  3  the commission for law enforcement officers or auxiliary law

  4  enforcement officers under chapter 943. Any such traffic

  5  accident investigation officer who makes an investigation at

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

  7  based upon personal investigation, when he or she has

  8  reasonable and probable grounds to believe that a person who

  9  was involved in the accident committed an offense under this

10  chapter, chapter 319, chapter 320, or chapter 322 in

11  connection with the accident. This paragraph does not permit

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

13  officers have arrest authority other than for the issuance of

14  a traffic citation as authorized in this paragraph.

15         b.  University police officers shall have authority to

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

17  violations occur on or about any property or facilities that

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

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

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

21         c.  Community college police officers shall have the

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

23  when such violations occur on any property or facilities that

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

25  the community college system.

26         d.  Police officers employed by an airport authority

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

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

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

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

31  enforcement specialist any individual who successfully


                                  57

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  completes a training program established and approved by the

  2  Criminal Justice Standards and Training Commission for parking

  3  enforcement specialists but who does not otherwise meet the

  4  uniform minimum standards established by the commission for

  5  law enforcement officers or auxiliary or part-time officers

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

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

  8  nor shall such parking enforcement specialist have arrest

  9  authority.

10         (II)  A parking enforcement specialist employed by an

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

12  and municipal laws and ordinances governing parking only when

13  such violations are on property or facilities owned or

14  operated by the airport authority employing the specialist, by

15  appropriate state, county, or municipal traffic citation.

16         e.  The Office of Agricultural Law Enforcement of the

17  Department of Agriculture and Consumer Services shall have the

18  authority to enforce traffic laws of this state only as

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

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

21  Agricultural Law Enforcement at its agricultural inspection

22  stations to issue any traffic tickets except those traffic

23  tickets for vehicles illegally passing the inspection station.

24         f.  School safety officers shall have the authority to

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

26  violations occur on or about any property or facilities which

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

28  the district school board.

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

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

31


                                  58

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  violation of this subparagraph is not subject to the penalties

  2  provided in chapter 318.

  3         3.  Any disciplinary action taken or performance

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

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

  6  enforcement activity must be in accordance with written

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

  8  the agency and any collective bargaining unit representing

  9  such law enforcement officer. A violation of this subparagraph

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

11         Section 47.  Section 570.073, Florida Statutes, is

12  amended to read:

13         570.073  Department of Agriculture and Consumer

14  Services, law enforcement officers.--

15         (1)  The commissioner may create an Office of

16  Agricultural Law Enforcement under the supervision of a senior

17  manager exempt under s. 110.205 in the Senior Management

18  Service. The commissioner may designate law enforcement

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

20  any criminal investigation or to enforce the provisions of any

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

22  under this section shall have the primary responsibility for

23  enforcing laws relating to agriculture and consumer services,

24  as outlined in this section, and have jurisdiction over

25  violations of law which threaten the overall security and

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

27  primary responsibilities of officers appointed under this

28  section include the enforcement of relating to any matter over

29  which the department has jurisdiction or which occurs on

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

31  matters include laws relating to:


                                  59

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1         (a)  Domesticated animals, including livestock,

  2  poultry, aquaculture products, and other wild or domesticated

  3  animals or animal products.

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

  5  citrus products, or horticultural products.

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

  7  open burning.

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

  9         (e)  Enforcement of a marketing order.

10         (f)  Protection of consumers.

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

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

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

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

15  occupied by the department.

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

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

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

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

20  danger.

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

22  (a)-(i).

23         (k)  The responsibilities of the Commissioner of

24  Agriculture.

25         (2)  Each law enforcement officer shall meet the

26  qualifications of law enforcement officers under s. 943.13 and

27  shall be certified as a law enforcement officer by the

28  Department of Law Enforcement under the provisions of chapter

29  943. Upon certification, each law enforcement officer is

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

31  provided for law enforcement officers generally in chapter 901


                                  60

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  and shall have statewide jurisdiction as provided in

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

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

  4  901.15(11). Such officers have full law enforcement powers

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

  6  authority to make arrests, carry firearms, serve court

  7  process, and seize contraband and the proceeds of illegal

  8  activities.

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

10  reserve, or auxiliary law enforcement officers under chapter

11  943.

12         (4)(3)  All department law enforcement officers, upon

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

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

15         (5)(4)  Each law enforcement officer in the state who

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

17  law enforcement officers designated in this section to enforce

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

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

20  570.71, Florida Statutes, is amended to read:

21         570.71  Conservation easements and agreements.--

22         (5)  Agricultural protection agreements shall be for

23  terms of 30 years and will provide payments to landowners

24  having significant natural areas on their land. Public access

25  and public recreational opportunities may be negotiated at the

26  request of the landowner.

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

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

29  buy a conservation easement or rural land protection easement

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

31  transferring or selling the property, whichever occurs later.


                                  61

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



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

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

  3  the landowner shall be released from the agricultural

  4  agreement. The purchase price of the easement shall be

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

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

  7  plus a reasonable escalator multiplied by the number of full

  8  calendar years following the date of the commencement of the

  9  agreement. The landowner may transfer or sell the property

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

11  property is sold subject to the agreement and the buyer

12  becomes the successor in interest to the agricultural

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

14  landowner may enter into a perpetual easement at any time

15  during the term of an agricultural protection agreement.

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

17  Statutes, is amended to read:

18         590.14  Notice of violation; penalties.--

19         (3)  The department may also impose an administrative

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

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

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

23  person, and whether the person knowingly provided false

24  information to obtain an authorization. The fines shall be

25  deposited in the Incidental Trust Fund of the division.

26         Section 50.  Section 604.40, Florida Statutes, is

27  created to read:

28         604.40  Farm equipment.--Notwithstanding any other law,

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

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

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


                                  62

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



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

  2  any public road without limitation.

  3         Section 51.  Section 604.50, Florida Statutes, is

  4  amended to read:

  5         604.50  Nonresidential farm buildings.--Notwithstanding

  6  any other law to the contrary, any nonresidential farm

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

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

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

10  any building or support structure that is used for

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

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

13  integral part of a farm operation or is classified as

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

15  defined in s. 823.14.

16         Section 52.  There is appropriated to the Department of

17  Agriculture and Consumer Services from the General Inspection

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

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

20  carry out the provisions of this act.

21         Section 53.  Chapter 261, Florida Statutes, consisting

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

23  261.07, 261.08, 261.09, 261.10, 261.11, and 261.12, Florida

24  Statutes, is created to read:

25         261.01  Short title.--This chapter may be cited as the

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

27  Act."

28         261.02  Legislative findings and intent.--

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

30  are becoming increasingly popular in this state and that the

31  use of these vehicles should be controlled and managed to


                                  63

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  minimize negative effects on the environment, wildlife

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

  3         (2)  The Legislature declares that effectively managed

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

  5  vehicles are compatible with this state's overall recreation

  6  plan and the underlying goal of multiple use.

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

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

  9  facilities, and opportunities be improved and appropriately

10  expanded and be managed in a manner consistent with this

11  chapter, in particular to maintain natural resources and

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

13  areas.

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

15  facilities, and opportunities be provided and managed pursuant

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

17  use and the environment.

18         (4)  Nothing contained within this chapter shall be

19  construed to require the construction or maintenance of

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

21  public lands where such construction or maintenance would be

22  inconsistent with the property's management objectives or land

23  management plan.

24         261.03  Definitions.--As used in this chapter, the

25  term:

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

27  Recreation Advisory Committee created by s. 261.04.

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

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

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

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


                                  64

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  straddled by the operator and handlebars for steering control,

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

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

  4  and Consumer Services.

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

  6  Department of Agriculture and Consumer Services.

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

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

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

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

11  ground, but excludes a tractor or a moped.

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

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

14  purposes and that is not registered and licensed for highway

15  use under chapter 320.

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

17  Program.

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

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

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

21  entity.

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

23  areas and trails on public lands within the state.

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

25  the Division of Forestry of the Department of Agriculture and

26  Consumer Services.

27         261.04  Off-Highway Vehicle Recreation Advisory

28  Committee; members; appointment.--

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

30  Recreation Advisory Committee is created within the Division

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


                                  65

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  appointed by the Commissioner of Agriculture. The appointees

  2  shall include one representative of the Department of

  3  Agriculture and Consumer Services, one representative of the

  4  Department of Highway Safety and Motor Vehicles, one

  5  representative of the Department of Environmental Protection's

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

  7  and Wildlife Conservation Commission, one citizen with

  8  scientific expertise in disciplines relating to ecology,

  9  wildlife biology, or other environmental sciences, one

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

11  three representatives of off-highway vehicle recreation

12  groups. In making these appointments, the commissioner shall

13  consider the places of residence of the members to ensure

14  statewide representation.

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

16  committee is 2 years. The members first appointed shall

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

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

19  June 30, 2006.

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

21  the commissioner shall appoint a successor member for the

22  unexpired portion of the term.

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

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

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

26  without compensation, but shall be reimbursed for travel and

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

28  performance of their official duties.

29         261.05  Duties and responsibilities of the Off-Highway

30  Vehicle Recreation Advisory Committee.--

31


                                  66

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1         (1)  The advisory committee shall establish policies to

  2  guide the department regarding the Off-Highway Vehicle

  3  Recreation Program and the system of off-highway vehicle

  4  recreation areas and trails.

  5         (2)  The advisory committee shall make recommendations

  6  to the department regarding off-highway vehicle safety and

  7  training and education programs in the operation of such

  8  vehicles.

  9         (3)  The advisory committee must be informed regarding

10  all governmental activities affecting the program.

11         (4)  The advisory committee must be informed regarding

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

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

14  recommendations to avoid or minimize adverse environmental

15  impacts and promote sustained long-term use.

16         (5)  The advisory committee must be fully informed

17  regarding the inventory of off-highway vehicle access and

18  opportunities.

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

20  and locations throughout the state to receive public comments

21  on the implementation of the program and shall take these

22  public comments into consideration when making its

23  recommendations.

24         (7)  The advisory committee shall review and make

25  recommendations annually regarding the department's proposed

26  budget of expenditures from the designated off-highway vehicle

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

28  match grant funds available from other sources.

29         (8)  The advisory committee shall make recommendations

30  regarding all capital outlay expenditures from the trust fund

31  proposed for inclusion in the budget and shall identify


                                  67

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  additional funding sources for management, enforcement,

  2  education, rehabilitation, and other duties of the land

  3  management agencies related to the system.

  4         (9)  The advisory committee shall review grant

  5  applications submitted by any governmental agency or entity or

  6  nongovernmental entity requesting moneys from the trust fund

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

  8  recreation areas or trails within the state, protect and

  9  restore affected natural areas in the system, or provide

10  off-highway vehicle driver education. The advisory committee

11  shall recommend to the department approval or denial of such

12  grant applications based upon criteria established by the

13  advisory committee.

14         261.06  Functions, duties, and responsibilities of the

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

16  responsibilities of the department through the division:

17         (1)  Coordination of the planning, development,

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

19  system.

20         (2)  Coordination of the management, maintenance,

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

22  the provision of law enforcement and appropriate public safety

23  activities.

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

25  advisory committee's budget recommendations.

26         (4)  Implementation of the program, including the

27  ultimate approval of grant applications submitted by

28  governmental agencies or entities or nongovernmental entities.

29         (5)  Coordination to help ensure compliance with

30  environmental laws and regulations of the program and lands in

31  the system.


                                  68

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1         (6)  Implementation of the policies established by the

  2  advisory committee.

  3         (7)  Provision of staff assistance to the advisory

  4  committee.

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

  6  be included in, the system.

  7         (9)  Conducting surveys and the preparation of studies

  8  as are necessary or desirable for implementing the program.

  9         (10)  Recruitment and utilization of volunteers to

10  further the program.

11         (11)  Rulemaking authority to implement the provisions

12  of ss. 261.01-261.10.

13         (12)  In consultation with the Department of

14  Environmental Protection, the Fish and Wildlife Conservation

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

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

17  public lands to determine the feasibility of providing public

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

19  department shall provide a report to the Governor and the

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

21  report must include at least two appropriate locations for

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

23  applicable cost of providing each facility. The cost section

24  of the report shall fully explain the fiscal approach of

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

26  recommended fee structure to support the ongoing maintenance

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

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

29  vehicle recreational use. The recommendations contained within

30  the report shall be implemented to the extent enacted or

31


                                  69

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  appropriated by the Legislature. This subsection shall expire

  2  July 1, 2003.

  3         261.07  Publication and distribution of guidebook;

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

  5  department shall publish a guidebook that includes the text of

  6  this chapter, other laws and regulations relating to the

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

  8  guidebook may include other public areas, trails, and

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

10  must include information regarding the responsibilities of

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

12  and regulations including particular provisions and other

13  information intended to prevent trespass and damage to public

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

15  cost to facilitate the broadest possible distribution and must

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

17         261.08  Repair, maintenance, and rehabilitation of

18  areas, trails, and lands.--

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

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

21  environment, wildlife habitats, native wildlife, and native

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

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

24  managing agency shall avoid or minimize adverse impacts to the

25  environment, promptly repair and continuously maintain areas

26  and trails, anticipate and prevent accelerated erosion, and

27  rehabilitate lands to the extent damaged by off-highway

28  vehicle use in accordance with the management plans of the

29  public land managing agency.

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

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


                                  70

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  system to determine whether there is compliance with

  2  applicable environmental laws and regulations and shall take

  3  appropriate action as necessary.

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

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

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

  7  destruction to said lands.

  8         261.09  Contracts and agreements.--The public land

  9  managing agency may contract with private persons or entities

10  and enter into cooperative agreements with other public

11  agencies for the care and maintenance of lands in the system,

12  including contracts for law enforcement services with public

13  agencies having law enforcement powers.

14         261.10  Criteria for recreation areas and

15  trails.--Publicly owned or operated off-highway vehicle

16  recreation areas and trails shall be designated and maintained

17  for recreational travel by off-highway vehicles. These areas

18  and trails need not be generally suitable or maintained for

19  normal travel by conventional two-wheel-drive vehicles and

20  should not be designated as recreational footpaths. State

21  off-highway vehicle recreation areas and trails must be

22  selected and managed in accordance with this chapter.

23         261.11  Penalties.--No off-highway vehicle may be

24  operated upon the public roads, streets, or highways of this

25  state, except as otherwise permitted by the managing local,

26  state, or federal agency. A violation of this section is a

27  noncriminal traffic infraction, punishable as provided in

28  chapter 318.

29         261.12  Designated off-highway vehicle funds within the

30  Incidental Trust Fund of the Division of Forestry of the

31  Department of Agriculture and Consumer Services.--


                                  71

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1         (1)  The designated off-highway vehicle funds of the

  2  trust fund shall consist of deposits from the following

  3  sources:

  4         (a)  Fees paid to the Department of Highway Safety and

  5  Motor Vehicles for the titling of off-highway vehicles.

  6         (b)  Revenues and income from any other sources

  7  required by law or as appropriated by the Legislature to be

  8  deposited into the trust fund as designated off-highway

  9  vehicle funds.

10         (c)  Donations from private sources that are designated

11  as off-highway vehicle funds.

12         (d)  Interest earned on designated off-highway vehicle

13  funds on deposit in the trust fund.

14         (2)  Designated off-highway vehicle funds in the trust

15  fund shall be available for recommended allocation by the

16  Off-Highway Vehicle Recreation Advisory Committee and the

17  Department of Agriculture and Consumer Services and upon

18  annual appropriation by the Legislature, exclusively for the

19  following:

20         (a)  Implementation of the Off-Highway Vehicle

21  Recreation Program by the Department of Agriculture and

22  Consumer Services, which includes personnel and other related

23  expenses; administrative and operating expenses; expenses

24  related to safety, training, rider education programs,

25  management, maintenance, and rehabilitation of lands in the

26  Off-Highway Vehicle Recreation Program's system of lands and

27  trails; and, if funds are available, acquisition of lands to

28  be included in the system and the management, maintenance, and

29  rehabilitation of such lands.

30         (b)  Approved grants to governmental agencies or

31  entities or nongovernmental entities that wish to provide or


                                  72

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  improve off-highway vehicle recreation areas or trails for

  2  public use on public lands, provide environmental protection

  3  and restoration to affected natural areas in the system,

  4  provide enforcement of applicable regulations related to the

  5  system and off-highway vehicle activities, or provide

  6  education in the operation of off-highway vehicles.

  7         (c)  Matching funds to be used to match grant funds

  8  available from other sources.

  9         (3)  Notwithstanding s. 216.301 and pursuant to s.

10  216.351, any balance of designated off-highway vehicle funds

11  in the trust fund at the end of any fiscal year shall remain

12  therein and shall be available for the purposes set out in

13  this section and as otherwise provided by law.

14         Section 54.  Section 316.2074, Florida Statutes, is

15  amended to read:

16         316.2074  All-terrain vehicles.--

17         (1)  It is the intent of the Legislature, through the

18  adoption of this section to provide safety protection for

19  minors while operating an all-terrain vehicle in this state.

20         (2)  As used in this section, the term "all-terrain

21  vehicle" means any motorized off-highway vehicle 50 inches

22  (1270 mm) or less in width, having a dry weight of 900 600

23  pounds (273 kg) or less, designed to travel traveling on three

24  or more low-pressure tires, designed for operator use only

25  with no passengers, having a seat or saddle designed to be

26  straddled by the operator, and having handlebars for steering

27  control, and intended for use by a single operator with no

28  passenger.

29         (3)  No person under 16 years of age shall operate,

30  ride, or be otherwise propelled on an all-terrain vehicle

31


                                  73

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  unless the person wears a safety helmet meeting United States

  2  Department of Transportation standards and eye protection.

  3         (4)  If a crash results in the death of any person or

  4  in the injury of any person which results in treatment of the

  5  person by a physician, the operator of each all-terrain

  6  vehicle involved in the crash shall give notice of the crash

  7  pursuant to s. 316.066.

  8         (5)  Except as provided in this section, an all-terrain

  9  vehicle may not be operated upon the public roads, streets, or

10  highways of this state, except as otherwise permitted by the

11  managing state or federal agency.

12         (6)(5)  An all-terrain vehicle having four wheels may

13  be used by police officers on public beaches designated as

14  public roadways for the purpose of enforcing the traffic laws

15  of the state. All-terrain vehicles may also be used by the

16  police to travel on public roadways within 5 miles of beach

17  access only when getting to and from the beach.

18         (7)  An all-terrain vehicle having four wheels may be

19  used by law enforcement officers on public roads within public

20  lands while in the course and scope of their duties.

21         (8)(6)  A violation of this section is a noncriminal

22  traffic infraction, punishable as a nonmoving violation as

23  provided in chapter 318.

24         Section 55.  Short title.--Sections 55 through 67 of

25  this act may be cited as the "Florida Off-Highway Vehicle

26  Titling Act."

27         Section 56.  Legislative intent.--It is the intent of

28  the Legislature that all off-highway vehicles purchased after

29  the effective date of this act and all off-highway vehicles

30  operated on public lands be titled and issued a certificate of

31  title to allow for easy determination of ownership.


                                  74

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1         Section 57.  Definitions.--As used in sections 55

  2  through 67, the term:

  3         (1)  "ATV" means any motorized off-highway or

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

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

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

  7  straddled by the operator and handlebars for steering control,

  8  and intended for use by a single operator and with no

  9  passenger.

10         (2)  "Dealer" means any person authorized by the

11  Department of Revenue to buy, sell, resell, or otherwise

12  distribute off-highway vehicles. Such person must have a valid

13  sales tax certificate of registration issued by the Department

14  of Revenue and a valid commercial or occupational license

15  required by any county, municipality, or political subdivision

16  of the state in which the person operates.

17         (3)  "Department" means the Department of Highway

18  Safety and Motor Vehicles.

19         (4)  "Florida resident" means a person who has had a

20  principal place of domicile in this state for a period of more

21  than 6 consecutive months, who has registered to vote in this

22  state, who has made a statement of domicile pursuant to

23  section 222.17, Florida Statutes, or who has filed for

24  homestead tax exemption on property in this state.

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

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

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

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

29  ground, but excludes a tractor or a moped.

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

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


                                  75

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  purposes and that is not registered and licensed for highway

  2  use pursuant to chapter 320, Florida Statutes.

  3         (7)  "Owner" means a person, other than a lienholder,

  4  having the property in or title to an off-highway vehicle,

  5  including a person entitled to the use or possession of an

  6  off-highway vehicle subject to an interest held by another

  7  person, reserved or created by agreement and securing payment

  8  of performance of an obligation, but the term excludes a

  9  lessee under a lease not intended as security.

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

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

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

13  entity.

14         Section 58.  Administration of off-highway vehicle

15  titling laws; records.--

16         (1)  The administration of off-highway vehicle titling

17  laws in sections 55 through 67 is under the Department of

18  Highway Safety and Motor Vehicles, which shall provide for the

19  issuing, handling, and recording of all off-highway vehicle

20  titling applications and certificates, including the receipt

21  and accounting of off-highway vehicle titling fees.

22         (2)  The department shall keep records and perform

23  other clerical duties pertaining to off-highway vehicle

24  titling as required.

25         Section 59.  Rules, forms, and notices.--

26         (1)  The department may adopt rules pursuant to

27  sections 120.536(1) and 120.54, Florida Statutes, which

28  pertain to off-highway vehicle titling, in order to implement

29  the provisions of sections 55 through 67 conferring duties

30  upon it.

31


                                  76

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1         (2)  The department shall prescribe and provide

  2  suitable forms for applications and other notices and forms

  3  necessary to administer the provisions of sections 55 through

  4  67.

  5         Section 60.  Certificate of title required.--

  6         (1)  Any off-highway vehicle that is purchased by a

  7  resident of this state after the effective date of this act or

  8  that is owned by a resident and is operated on the public

  9  lands of this state must be titled pursuant to sections 55

10  through 67.

11         (2)  A person may not sell, assign, or transfer an

12  off-highway vehicle titled by the state without delivering to

13  the purchaser or transferee a valid certificate of title with

14  an assignment on it showing the transfer of title to the

15  purchaser or transferee. A person may not purchase or

16  otherwise acquire an off-highway vehicle required to be titled

17  without obtaining a certificate of title for the vehicle in

18  his or her name. The purchaser or transferee shall, within 30

19  days after a change in off-highway vehicle ownership, file an

20  application for a title transfer with the county tax

21  collector. An additional $10 fee shall be charged against a

22  purchaser or transferee who files a title transfer application

23  after the 30-day period. The county tax collector may retain

24  $5 of the additional amount.

25         (3)  A certificate of title is prima facie evidence of

26  the ownership of the off-highway vehicle and is good for the

27  life of the off-highway vehicle so long as the certificate is

28  owned or held by the legal holder. If a titled off-highway

29  vehicle is destroyed or abandoned, the owner, with the consent

30  of any recorded lienholders, shall, within 30 days after the

31


                                  77

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  destruction or abandonment, surrender to the department all

  2  title documents for cancellation.

  3         (4)  The department shall provide labeled places on the

  4  title where the seller's price shall be indicated when an

  5  off-highway vehicle is sold and where a selling dealer shall

  6  record his or her valid sales tax certificate of registration

  7  number.

  8         (5)(a)  There shall be a service charge of $4.25 for

  9  each application that is handled in connection with the

10  issuance, duplication, or transfer of any certificate of

11  title. There shall be a service charge of $1.25 for each

12  application that is handled in connection with the recording

13  or notation of a lien on an off-highway vehicle that is not in

14  connection with the purchase of such vehicle.

15         (b)  The service charges specified in paragraph (a)

16  shall be collected by the department on any application

17  handled directly from its office. Otherwise, these service

18  charges shall be collected and retained by the tax collector

19  who handles the application.

20         (c)  In addition to the fees provided in paragraph (a),

21  any tax collector may impose an additional service charge of

22  not more than 50 cents on any transaction specified in

23  paragraph (a) when such transaction occurs at any tax

24  collector's branch office.

25         Section 61.  Application for and issuance of

26  certificate of title.--

27         (1)  The owner of an off-highway vehicle that is

28  required to be titled must apply to the county tax collector

29  for a certificate of title. The application must include the

30  true name of the owner, the residence or business address of

31  the owner, and a complete description of the off-highway


                                  78

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  vehicle. The application must be signed by the owner and must

  2  be accompanied by a fee of $29.

  3         (2)  The owner must establish proof of ownership by

  4  submitting with the application an executed bill of sale, a

  5  manufacturer's statement of origin, an affidavit of ownership

  6  for off-highway vehicles purchased before the effective date

  7  of this act, or any other document acceptable to the

  8  department.

  9         (3)  To apply for a certificate of title upon transfer

10  of ownership of an off-highway vehicle, the new owner must

11  surrender to the department the last title document issued for

12  that vehicle. The document must be properly executed. Proper

13  execution includes the previous owner's signature and

14  certification that the off-highway vehicle to be transferred

15  is debt-free or is subject to a lien. If a lien exists, the

16  previous owner must furnish the new owner, on forms supplied

17  by the department, the names and addresses of all lienholders

18  and the dates of all liens, with a statement from each

19  lienholder that the lienholder has knowledge of and consents

20  to the transfer of title to the new owner.

21         (4)  An application for an initial certificate of title

22  or a title transfer must include payment of the applicable

23  state sales tax or proof of payment of such tax, except for

24  off-highway vehicles purchased or transferred before the

25  effective date of this act.

26         (5)  If the owner submits a complete application and

27  complies with all other requirements of this section, the

28  department shall issue a certificate of title that states that

29  the title is for an off-highway vehicle that is not suitable

30  for highway use. After October 1, 2003, the department shall

31  also issue a copy of the guidebook prepared by the Department


                                  79

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  of Agriculture and Consumer Services pursuant to section

  2  261.07, Florida Statutes.

  3         Section 62.  Duplicate certificate of title.--

  4         (1)  The department may issue a duplicate certificate

  5  of title upon application by the person entitled to hold such

  6  a certificate if the department is satisfied that the original

  7  certificate has been lost, destroyed, or mutilated. A fee of

  8  $15 shall be charged for issuing a duplicate certificate.

  9         (2)  In addition to the fee imposed by subsection (1),

10  a fee of $7 shall be charged for expedited service in issuing

11  a duplicate certificate of title. Application for such

12  expedited service may be made by mail or in person. The

13  department shall issue each certificate of title applied for

14  under this subsection within 5 working days after receipt of a

15  proper application or shall refund the additional $7 fee upon

16  written request by the applicant.

17         (3)  If, following the issuance of an original,

18  duplicate, or corrected certificate of title by the

19  department, the certificate is lost in transit and is not

20  delivered to the addressee, the owner of the off-highway

21  vehicle or the holder of a lien thereon may, within 180 days

22  after the date of issuance of the certificate, apply to the

23  department for reissuance of the certificate. An additional

24  fee may not be charged for reissuance under this subsection.

25         (4)  The department shall implement a system to verify

26  that the application is signed by a person authorized to

27  receive a duplicate certificate of title under this section if

28  the address shown on the application is different from the

29  address shown for the applicant on the records of the

30  department.

31


                                  80

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1         Section 63.  Manufacturer's statement of origin to be

  2  furnished.--

  3         (1)  Any person selling a new off-highway vehicle in

  4  this state must furnish a manufacturer's statement of origin

  5  to the purchaser. The statement, which must be in English or

  6  accompanied by an English translation if the vehicle was

  7  purchased outside the United States, must be signed and dated

  8  by an authorized representative of the manufacturer, indicate

  9  the complete name and address of the purchaser, include a

10  complete description of the vehicle, and contain as many

11  assignments as necessary to show title in the name of the

12  purchaser.

13         (2)  It is unlawful for an off-highway vehicle

14  manufacturer, manufacturer's representative, or dealer to

15  issue a manufacturer's certificate of origin describing an

16  off-highway vehicle with the knowledge that the description is

17  false or that the off-highway vehicle described does not

18  exist. It is unlawful for any person to obtain or attempt to

19  obtain a certificate of origin with the knowledge that the

20  description is false or that the off-highway vehicle does not

21  exist. Any person who violates this subsection commits a

22  felony of the third degree, punishable as provided in section

23  775.082, section 775.083, or section 775.084, Florida

24  Statutes.

25         Section 64.  Disposition of fees.--The department shall

26  deposit all funds received under sections 55 through 67, less

27  administrative costs of $2 per title transaction, into the

28  Incidental Trust Fund of the Division of Forestry of the

29  Department of Agriculture and Consumer Services.

30         Section 65.  Refusal to issue and authority to cancel a

31  certificate of title.--


                                  81

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1         (1)  If the department finds that an applicant for an

  2  off-highway vehicle certificate of title has given a false

  3  statement or false or incomplete information in applying for

  4  the certificate or has otherwise failed to comply with the

  5  applicable provisions pertaining to the application for a

  6  certificate, it may refuse to issue the certificate.

  7         (2)  If the department finds that an owner or dealer

  8  named in an off-highway vehicle certificate of title has given

  9  a false statement or false or incomplete information in

10  applying for the certificate or has otherwise failed to comply

11  with the applicable provisions pertaining to the application

12  for a certificate, it may cancel the certificate.

13         (3)  The department may cancel any pending application

14  or any certificate if it finds that any title fee or sales tax

15  pertaining to such application or certificate has not been

16  paid, unless the fee or tax is paid within a reasonable time

17  after the department has given notice.

18         Section 66.  Crimes relating to certificates of title;

19  penalties.--

20         (1)  It is unlawful for any person to procure or

21  attempt to procure a certificate of title or duplicate

22  certificate of title to an off-highway vehicle, or to pass or

23  attempt to pass a certificate of title or duplicate

24  certificate of title to an off-highway vehicle or any

25  assignment thereof, if such person knows or has reason to

26  believe that the vehicle has been stolen. Any person who

27  violates this subsection commits a felony of the third degree,

28  punishable as provided in section 775.082, section 775.083, or

29  section 775.084, Florida Statutes.

30         (2)  It is unlawful for any person, knowingly and with

31  intent to defraud, to have in his or her possession, sell,


                                  82

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  offer to sell, counterfeit, or supply a blank, forged,

  2  fictitious, counterfeit, stolen, or fraudulently or unlawfully

  3  obtained certificate of title, duplicate certificate of title,

  4  bill of sale, or other indicia of ownership of an off-highway

  5  vehicle or to conspire to do any of the foregoing. Any person

  6  who violates this subsection commits a felony of the third

  7  degree, punishable as provided in section 775.082, section

  8  775.083, or section 775.084, Florida Statutes.

  9         (3)  It is unlawful to:

10         (a)  Alter or forge any certificate of title to an

11  off-highway vehicle or any assignment thereof or any

12  cancellation of any lien on an off-highway vehicle.

13         (b)  Retain or use such certificate, assignment, or

14  cancellation knowing that it has been altered or forged.

15         (c)  Use a false or fictitious name, give a false or

16  fictitious address, or make any false statement in any

17  application or affidavit required by sections 55 through 67 or

18  in a bill of sale or sworn statement of ownership or otherwise

19  commit a fraud in any application.

20         (d)  Knowingly obtain goods, services, credit, or money

21  by means of an invalid, duplicate, fictitious, forged,

22  counterfeit, stolen, or unlawfully obtained certificate of

23  title, bill of sale, or other indicia of ownership of an

24  off-highway vehicle.

25         (e)  Knowingly obtain goods, services, credit, or money

26  by means of a certificate of title to an off-highway vehicle

27  which certificate is required by law to be surrendered to the

28  department.

29

30  Any person who violates this subsection commits a felony of

31  the third degree, punishable as provided in section 775.082,


                                  83

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  section 775.083, or section 775.084, Florida Statutes. A

  2  violation of this subsection with respect to any off-highway

  3  vehicle makes such off-highway vehicle contraband which may be

  4  seized by a law enforcement agency and forfeited under

  5  sections 932.701-932.704, Florida Statutes.

  6         Section 67.  Nonmoving traffic violations.--Any person

  7  who fails to comply with any provision of sections 55 through

  8  66 for which a penalty is not otherwise provided commits a

  9  nonmoving traffic violation, punishable as provided in section

10  318.18, Florida Statutes.

11         Section 68.  Section 375.313, Florida Statutes, is

12  amended to read:

13         375.313  Commission powers and duties.--The commission

14  shall:

15         (1)  Regulate or prohibit, when necessary, the use of

16  motor vehicles on the public lands of the state in order to

17  prevent damage or destruction to said lands.

18         (2)  Collect any registration fees imposed by s.

19  375.315 and deposit said fees in the State Game Trust Fund.

20  The revenue resulting from said registration shall be expended

21  for the funding and administration of ss. 375.311-375.315.

22         (2)(3)  Adopt and promulgate such reasonable rules as

23  deemed necessary to administer the provisions of ss.

24  375.311-375.315, except that, before any such rules are

25  adopted, the commission shall obtain the consent and

26  agreement, in writing, of the owner, in the case of privately

27  owned lands, or the owner or primary custodian, in the case of

28  publicly owned lands.

29         Section 69.  Section 375.315, Florida Statutes, is

30  repealed.

31


                                  84

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1         Section 70.  Paragraph (a) of subsection (6) of section

  2  163.3177, Florida Statutes, is amended to read:

  3         163.3177  Required and optional elements of

  4  comprehensive plan; studies and surveys.--

  5         (6)  In addition to the requirements of subsections

  6  (1)-(5), the comprehensive plan shall include the following

  7  elements:

  8         (a)  A future land use plan element designating

  9  proposed future general distribution, location, and extent of

10  the uses of land for residential uses, commercial uses,

11  industry, agriculture, recreation, conservation, education,

12  public buildings and grounds, other public facilities, and

13  other categories of the public and private uses of land. Each

14  The future land use category plan shall be defined in terms of

15  uses included, and shall include standards to be followed in

16  the control and distribution of population densities and

17  building and structure intensities. The proposed distribution,

18  location, and extent of the various categories of land use

19  shall be shown on a land use map or map series which shall be

20  supplemented by goals, policies, and measurable objectives.

21  Each land use category shall be defined in terms of the types

22  of uses included and specific standards for the density or

23  intensity of use. The future land use plan shall be based upon

24  surveys, studies, and data regarding the area, including the

25  amount of land required to accommodate anticipated growth; the

26  projected population of the area; the character of undeveloped

27  land; the availability of public services; the need for

28  redevelopment, including the renewal of blighted areas and the

29  elimination of nonconforming uses which are inconsistent with

30  the character of the community; and, in rural communities, the

31  need for job creation, capital investment, and economic


                                  85

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  development that will strengthen and diversify the community's

  2  economy. The future land use plan may designate areas for

  3  future planned development use involving combinations of types

  4  of uses for which special regulations may be necessary to

  5  ensure development in accord with the principles and standards

  6  of the comprehensive plan and this act. In addition, for rural

  7  communities, the amount of land designated for future planned

  8  industrial use shall be based upon surveys and studies that

  9  reflect the need for job creation, capital investment, and the

10  necessity to strengthen and diversify the local economies, and

11  shall not be limited solely by the projected population of the

12  rural community. The future land use plan of a county may also

13  designate areas for possible future municipal incorporation.

14  The land use maps or map series shall generally identify and

15  depict historic district boundaries and shall designate

16  historically significant properties meriting protection.  The

17  future land use element must clearly identify the land use

18  categories in which public schools are an allowable use.  When

19  delineating the land use categories in which public schools

20  are an allowable use, a local government shall include in the

21  categories sufficient land proximate to residential

22  development to meet the projected needs for schools in

23  coordination with public school boards and may establish

24  differing criteria for schools of different type or size.

25  Each local government shall include lands contiguous to

26  existing school sites, to the maximum extent possible, within

27  the land use categories in which public schools are an

28  allowable use. All comprehensive plans must comply with the

29  school siting requirements of this paragraph no later than

30  October 1, 1999. The failure by a local government to comply

31  with these school siting requirements by October 1, 1999, will


                                  86

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 2072                          First Engrossed



  1  result in the prohibition of the local government's ability to

  2  amend the local comprehensive plan, except for plan amendments

  3  described in s. 163.3187(1)(b), until the school siting

  4  requirements are met. An amendment proposed by a local

  5  government for purposes of identifying the land use categories

  6  in which public schools are an allowable use is exempt from

  7  the limitation on the frequency of plan amendments contained

  8  in s. 163.3187. The future land use element shall include

  9  criteria which encourage the location of schools proximate to

10  urban residential areas to the extent possible and shall

11  require that the local government seek to collocate public

12  facilities, such as parks, libraries, and community centers,

13  with schools to the extent possible. For schools serving

14  predominantly rural counties, defined as a county with a

15  population of 100,000 or fewer, an agricultural land use

16  category shall be eligible for the location of public school

17  facilities if the local comprehensive plan contains school

18  siting criteria and the location is consistent with such

19  criteria.

20         Section 71.  There is appropriated to the Department of

21  Agriculture and Consumer Services from the General Inspection

22  Trust Fund of the Division of Agricultural Environmental

23  Services of the Department of Agriculture and Consumer

24  Services, $10,000 to carry out the provisions of this act

25  relating to the Pest Control Enforcement Advisory Council.

26         Section 72.  Except as otherwise expressly provided in

27  this act, this act shall take effect July 1, 2002.

28

29

30

31


                                  87

CODING: Words stricken are deletions; words underlined are additions.