Senate Bill sb2072e1
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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,
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1 or services; amending s. 388.281, F.S.;
2 revising uses for state matching funds;
3 amending s. 388.361, F.S.; authorizing the
4 Department of Agriculture and Consumer Services
5 to cooperate with local agencies; authorizing
6 collection, detection, suppression, and control
7 of mosquitoes and arthropods on public or
8 private land; amending s. 388.45, F.S.;
9 clarifying provisions relating to threats to
10 public health and the issuance of declarations;
11 authorizing declaration of a threat to animal
12 health when certain conditions exist;
13 authorizing treatment or control measures;
14 amending s. 403.067, F.S.; authorizing
15 implementation of interim measures for
16 specified water bodies for which total maximum
17 daily load or allocation has not been
18 established; amending s. 403.707, F.S.;
19 authorizing the processing or disposal of
20 certain invasive exotic plant species;
21 authorizing the Department of Environmental
22 Protection to adopt rules; amending s. 403.709,
23 F.S.; deleting the minimum county allocation to
24 local mosquito control agencies from waste tire
25 fees; amending s. 482.277, F.S.; revising
26 requirements relating to guarantees and
27 warranties in contracts for treatment of
28 wood-destroying organisms; declaring
29 legislative intent with respect to such
30 warranties and guarantees; amending s.
31 482.2401, F.S.; adding education in pest
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1 control as an approved use of administrative
2 fine revenues; creating s. 482.243, F.S.;
3 creating the Pest Control Enforcement Advisory
4 Council in the department; providing for
5 membership, terms, and procedures; providing
6 powers and duties; amending s. 487.041, F.S.;
7 increasing the annual registration fee for a
8 registered pesticide; amending s. 500.121,
9 F.S.; providing sanctions for nutrient labeling
10 violations; amending s. 500.148, F.S.;
11 authorizing the department to issue a report
12 certifying food establishment compliance with
13 sanitation and permitting requirements for food
14 exportation purposes; authorizing fees;
15 amending s. 501.160, F.S.; providing for
16 enforcement of prohibitions of unconscionable
17 prices on rental or sale of essential
18 commodities; amending s. 570.07, F.S.;
19 authorizing the department to provide meals
20 when personnel cannot leave emergency incident
21 locations; amending s. 573.124, F.S.;
22 increasing penalties for furnishing false
23 information, or refusing to furnish
24 information, relating to the marketing of
25 agricultural commodities; amending s. 581.091,
26 F.S.; requiring the Department of Agriculture
27 and Consumer Services to periodically review
28 the state lists of noxious weeds and invasive
29 plants; requiring water management districts
30 and local governments to use the lists when
31 identifying noxious weeds, invasive plants, and
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1 certain other plants pursuant to rule,
2 ordinance or regulation; amending s. 585.002,
3 F.S.; authorizing the department to set fees
4 for additional services relating to the animal
5 industry; amending s. 585.08, F.S.; authorizing
6 the Division of Animal Industry, under certain
7 circumstances, to condemn and destroy an animal
8 that is liable to spread contagious,
9 infectious, or communicable disease; amending
10 s. 585.09, F.S.; conforming a cross-reference;
11 repealing s. 585.10, F.S., relating to
12 limitations on payments to owners of condemned
13 and destroyed animals; amending s. 585.11,
14 F.S.; authorizing the department to cooperate
15 with United States Department of Agriculture
16 accredited private veterinarians; amending s.
17 585.21, F.S.; requiring written permission of
18 the department prior to sale in the state of
19 certain biological products; amending s.
20 585.61, F.S.; increasing fees for use of animal
21 disease diagnostic laboratories; amending s.
22 590.02, F.S.; revising the powers of the
23 Division of Forestry; providing that certain
24 managerial positions are classified under the
25 Selected Exempt Service; naming the Cross City
26 Work Center the L. Earl Peterson Forestry
27 Station; amending s. 590.11, F.S.; providing a
28 criminal penalty for violation of recreational
29 fire provisions; amending s. 590.125, F.S.;
30 revising requirements for certified prescribed
31 burning; renaming procedures for protecting
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1 wild lands from wildfires; amending s. 597.020,
2 F.S.; requiring aquaculture licenses and
3 certifications to expire annually; amending s.
4 616.242, F.S.; providing that certain kiddie
5 rides shall be exempt from the requirement for
6 receipt of an inspection certificate each time
7 the ride is set up; revising accident-reporting
8 requirements; amending s. 496.404, F.S.;
9 redefining the term "educational institutions";
10 designating the U.S.D.A. Service Center
11 Building in Bartow as the John W. Hunt
12 Building; amending s. 316.640, F.S.;
13 eliminating certain limitations on the
14 authority of the Office of Agricultural Law
15 Enforcement; amending s. 570.073, F.S.;
16 specifying duties of the Office of Agricultural
17 Law Enforcement with respect to its
18 jurisdiction over violations of law which
19 threaten the security and safety of agriculture
20 and consumer services; authorizing the office
21 to enforce civil traffic offenses and laws
22 relating to the responsibilities of the
23 Commissioner of Agriculture; specifying that
24 officers within the department have the full
25 powers granted to other peace officers of this
26 state; authorizing the commission to appoint
27 part-time, reserve, or auxiliary law
28 enforcement officers; amending s. 163.05, F.S.;
29 amending s. 570.71, F.S.; revising provisions
30 relating to conservation easements and rural
31 land protection easements; amending s. 590.14,
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1 F.S.; revising criteria for determining
2 administrative fines for violation of
3 provisions relating to forestry; creating s.
4 604.40, F.S.; providing regulations regarding
5 equipment used on a farm; amending s. 604.50,
6 F.S.; clarifying the definition of a
7 nonresidential farm building; providing an
8 appropriation and one position; providing an
9 appropriation; creating ch. 261, F.S.; creating
10 the T. Mark Schmidt Off-Highway Vehicle Safety
11 and Recreation Act; providing legislative
12 findings and intent; providing definitions;
13 creating the Off-Highway Vehicle Recreation
14 Advisory Committee effective July 1, 2003;
15 providing membership, duties, and
16 responsibilities of the committee; providing
17 functions, duties, and responsibilities of the
18 Department of Agriculture and Consumer
19 Services; requiring the department to review
20 certain public lands and make a report to the
21 Governor and the Legislature; providing
22 rulemaking authority; providing for the
23 publication and distribution of a guidebook;
24 providing for the repair, maintenance, and
25 rehabilitation of areas, trails, and lands;
26 providing for contracts and agreements;
27 providing criteria for recreation areas and
28 trails; providing a penalty; providing for the
29 use of designated off-highway vehicle funds
30 within the Incidental Trust Fund of the
31 Division of Forestry of the department;
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1 amending s. 316.2074, F.S.; revising the
2 definition of the term "all-terrain vehicle";
3 prohibiting the use of all-terrain vehicles on
4 public roadways in the state; providing
5 exceptions; creating the Florida Off-Highway
6 Vehicle Titling Act; providing legislative
7 intent; providing definitions; providing for
8 administration by the Department of Highway
9 Safety and Motor Vehicles; providing for rules,
10 forms, and notices; requiring certificates of
11 title; providing for application for and
12 issuance of certificates of title; providing
13 for duplicate certificates of title; requiring
14 the furnishing of a manufacturer's statement of
15 origin; providing for fees; providing for
16 disposition of fees; providing authority to
17 refuse to issue and to cancel a certificate of
18 title; providing crimes relating to
19 certificates of title; providing penalties;
20 providing noncriminal infractions; providing
21 penalties; amending s. 375.313, F.S.; deleting
22 fee collection responsibility of the Fish and
23 Wildlife Conservation Commission for
24 registration of off-road vehicles; repealing s.
25 375.315, F.S., relating to the registration of
26 off-road vehicles by the commission; amending
27 s. 163.3177, F.S.; revising requirements for
28 future land use plans; providing effective
29 dates.
30
31 Be It Enacted by the Legislature of the State of Florida:
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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;
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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
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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
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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.
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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;
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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.
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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
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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
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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:
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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
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1 University of Florida's Vice President for Agricultural
2 Affairs.
3 (b) One representative from the Department of
4 Environmental Protection to be appointed by the Secretary of
5 Environmental Protection.
6 (c) One representative from the Fish and Wildlife
7 Conservation Commission to be appointed by the executive
8 director of the Fish and Wildlife Conservation Commission.
9 (d) One representative from the Department of
10 Agriculture and Consumer Services to be appointed by the
11 Commissioner of Agriculture.
12 (e) Two representatives from the aquaculture industry
13 to be appointed by the Aquaculture Review Council.
14 (f) One representative from a private nonprofit
15 organization involved in sturgeon production work, to be
16 appointed by the Commissioner of Agriculture.
17 (3) MEETINGS; PROCEDURES; RECORDS.--The working group
18 shall meet at least twice a year and elect, by a quorum, a
19 chair and, vice chair, and secretary.
20 (a) The chair of the working group shall preside at
21 all meetings and shall call a meeting as often as necessary to
22 carry out the provisions of this section. To call a meeting,
23 the chair shall solicit an agreement to meet from at least two
24 other working group members and then notify any remaining
25 members of the meeting.
26 (b) The Department of Agriculture and Consumer
27 Services secretary shall keep a complete record of the
28 proceedings of each meeting, which includes the names of the
29 members present at each meeting and the actions taken. Such
30 records shall be kept on file with the Department of
31 Environmental Protection with copies filed with the Department
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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.
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1 (2) In addition, Every county or district budgeting
2 local funds to be used exclusively for the control of
3 mosquitoes and other arthropods, under a plan submitted by the
4 county or district and approved by the department, shall be
5 eligible to receive state funds and supplies, services, and
6 equipment on a dollar-for-dollar matching basis to for control
7 measures up to but not exceeding 50 percent of the amount of
8 local funds budgeted for such control. Should state funds
9 appropriated by the Legislature be insufficient to grant each
10 county or district state funds on a dollar-for-dollar matching
11 basis to 50 percent of the amount budgeted in local funds, the
12 department shall prorate said state funds based on the amount
13 of matchable local funds budgeted for expenditure by each
14 county or district.
15 (3) Every county shall be limited to receive a total
16 of $120,000 $100,000 of state funds, exclusive of state funds
17 brought forward, during any one year, however, a county or
18 district that receives funds under subsection (1) for service
19 to an area not previously served may receive up to $130,000
20 during any one year.
21 (4) Up to 20 percent of the annual funds appropriated
22 to local governments for arthropod control may be used for
23 arthropod control research or demonstration projects as
24 approved by the department.
25 (5) If more than one local mosquito control agency
26 exists in a county, the funds shall be prorated between the
27 agencies based on the population served by each agency.
28 (6) The Commissioner of Agriculture may exempt
29 counties or districts from the requirements in subsection (1),
30 subsection (2), or subsection (3) when the department
31 determines state funds, supplies, services, or equipment are
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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,
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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.
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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
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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
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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
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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.--
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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
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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).
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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
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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
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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
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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:
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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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.--
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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
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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
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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
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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
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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:
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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.--
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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
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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
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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.
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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
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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.
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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
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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
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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
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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.
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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.--
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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,
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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,
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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.
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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
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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
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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.
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