| 1 | The Agriculture & Environment Appropriations Committee |
| 2 | recommends the following: |
| 3 |
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| 4 | Council/Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to agriculture; amending s. 193.451, F.S.; |
| 8 | clarifying the value for purpose of assessment for ad |
| 9 | valorem taxes of certain property leased by the Department |
| 10 | of Agriculture and Consumer Services; providing intent for |
| 11 | retroactive application; amending ss. 372.921 and 372.922, |
| 12 | F.S.; conforming provisions relating to regulatory |
| 13 | authority over the possession, control, care, and |
| 14 | maintenance of bison; creating s. 450.175, F.S.; providing |
| 15 | a part title; repealing s. 450.211, F.S., relating to the |
| 16 | advisory committee for the Legislative Commission on |
| 17 | Migrant Labor; amending s. 487.2031, F.S.; revising |
| 18 | definition of the term "material safety data sheet" for |
| 19 | purposes of the Florida Agricultural Worker Safety Act; |
| 20 | amending s. 502.014, F.S.; deleting a duty of the |
| 21 | department relating to issuance of a temporary marketing |
| 22 | permit for milk and milk products and a fee therefor; |
| 23 | amending s. 502.091, F.S.; deleting reference to a milk |
| 24 | type no longer produced; amending s. 503.011, F.S.; |
| 25 | updating a reference in the definition of "frozen |
| 26 | desserts"; amending s. 531.39, F.S.; deleting an outdated |
| 27 | reference relating to state standards for weights and |
| 28 | measures; amending s. 531.47, F.S.; revising provisions |
| 29 | relating to packages on which information is required; |
| 30 | amending s. 531.49, F.S.; revising provisions relating to |
| 31 | advertising packaged commodities; amending s. 570.07, |
| 32 | F.S.; providing an additional power of the department; |
| 33 | creating s. 570.076, F.S.; authorizing the department to |
| 34 | adopt rules establishing the Environmental Stewardship |
| 35 | Certification Program; providing program standards; |
| 36 | providing requirements for receipt of an agricultural |
| 37 | certification; authorizing the Soil and Water Conservation |
| 38 | Council to develop and recommend additional criteria; |
| 39 | authorizing the department and the Institute of Food and |
| 40 | Agricultural Sciences at the University of Florida to |
| 41 | develop, deliver, and certify completion of a curriculum; |
| 42 | amending s. 570.9135, F.S.; correcting a reference; |
| 43 | amending s. 581.083, F.S.; prohibiting the cultivation of |
| 44 | nonnative plants for purposes of fuel production or |
| 45 | purposes other than agriculture in plantings greater than |
| 46 | a specified size, except under a special permit issued by |
| 47 | the department; providing an exemption; requiring |
| 48 | application for a special permit and a fee therefor; |
| 49 | requiring an applicant to show proof of security through a |
| 50 | bond or certificate of deposit; defining the term |
| 51 | "certificate of deposit"; requiring removal and |
| 52 | destruction of plants under certain circumstances; |
| 53 | specifying circumstances under which the department may |
| 54 | issue a final order for plant removal and destruction; |
| 55 | requiring reimbursement of costs and expenses for plant |
| 56 | removal and destruction by the department; providing |
| 57 | requirements for maintenance of a bond or certificate of |
| 58 | deposit by a permitholder; providing requirements relating |
| 59 | to assignment and cancellation of a bond or certificate of |
| 60 | deposit; authorizing requirement for an annual bond or |
| 61 | certificate of deposit and an increase or decrease in the |
| 62 | amount of security required; authorizing the department to |
| 63 | verify statements and accounts with respect to cultivated |
| 64 | acreage; providing for suspension or revocation of a |
| 65 | special permit under certain circumstances; amending s. |
| 66 | 585.002, F.S.; providing for department regulatory |
| 67 | authority over the possession, control, care, and |
| 68 | maintenance of bison; providing an exception; amending s. |
| 69 | 590.125, F.S.; providing requirements relating to the |
| 70 | denial of a request for a burn permit; clarifying |
| 71 | liability with respect to prescribed burning; providing |
| 72 | for obsolete agricultural equipment to be assessed at its |
| 73 | salvage value for purposes of ad valorem taxation; |
| 74 | defining the term "agricultural equipment"; providing a |
| 75 | procedure for a taxpayer to claim the right of assessment; |
| 76 | authorizing the property appraiser to require information |
| 77 | establishing a taxpayer's right to the classification; |
| 78 | providing severability; providing an effective date. |
| 79 |
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| 80 | Be It Enacted by the Legislature of the State of Florida: |
| 81 |
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| 82 | Section 1. Subsection (3) is added to section 193.451, |
| 83 | Florida Statutes, to read: |
| 84 | 193.451 Annual growing of agricultural crops, nonbearing |
| 85 | fruit trees, nursery stock; taxability.-- |
| 86 | (3) Personal property leased or subleased by the |
| 87 | Department of Agriculture and Consumer Services and utilized in |
| 88 | the inspection, grading, or classification of citrus fruit shall |
| 89 | be deemed to have value for purposes of assessment for ad |
| 90 | valorem property taxes no greater than its market value as |
| 91 | salvage. It is the expressed intent of the Legislature that this |
| 92 | subsection shall have retroactive application to December 31, |
| 93 | 2003. |
| 94 | Section 2. Subsection (8) of section 372.921, Florida |
| 95 | Statutes, is amended to read: |
| 96 | 372.921 Exhibition or sale of wildlife.-- |
| 97 | (8) This section shall not apply to the possession, |
| 98 | control, care, and maintenance of ostriches, emus, and rheas, |
| 99 | and bison domesticated and confined for commercial farming |
| 100 | purposes, except those kept and maintained on hunting preserves |
| 101 | or game farms or primarily for exhibition purposes in zoos, |
| 102 | carnivals, circuses, and other such establishments where such |
| 103 | species are kept for display to the public for a fee. |
| 104 | Section 3. Subsection (6) of section 372.922, Florida |
| 105 | Statutes, is amended to read: |
| 106 | 372.922 Personal possession of wildlife.-- |
| 107 | (6) This section shall not apply to the possession, |
| 108 | control, care, and maintenance of ostriches, emus, and rheas, |
| 109 | and bison domesticated and confined for commercial farming |
| 110 | purposes, except those kept and maintained on hunting preserves |
| 111 | or game farms or primarily for exhibition purposes in zoos, |
| 112 | carnivals, circuses, and other such establishments where such |
| 113 | species are kept for display to the public for a fee. |
| 114 | Section 4. Section 450.175, Florida Statutes, is created |
| 115 | to read: |
| 116 | 450.175 Part title.--Part II of this chapter may be cited |
| 117 | as the "Alfredo Bahena Act." |
| 118 | Section 5. Section 450.211, Florida Statutes, is repealed. |
| 119 | Section 6. Subsection (7) of section 487.2031, Florida |
| 120 | Statutes, is amended to read: |
| 121 | 487.2031 Definitions.--For the purposes of this part, the |
| 122 | term: |
| 123 | (7) "Material safety data sheet" means written, |
| 124 | electronic, or printed material concerning an agricultural |
| 125 | pesticide that sets forth the following information: |
| 126 | (a) The chemical name and the common name of the |
| 127 | agricultural pesticide. |
| 128 | (b) The hazards or other risks in the use of the |
| 129 | agricultural pesticide, including: |
| 130 | 1. The potential for fire, explosions, corrosivity, and |
| 131 | reactivity. |
| 132 | 2. The known acute health effects and chronic health |
| 133 | effects of exposure to the agricultural pesticide, including |
| 134 | those medical conditions that are generally recognized as being |
| 135 | aggravated by exposure to the agricultural pesticide. |
| 136 | 3. The primary routes of entry and symptoms of |
| 137 | overexposure. |
| 138 | (c) The proper handling practices, necessary personal |
| 139 | protective equipment, and other proper or necessary safety |
| 140 | precautions in circumstances that involve the use of or exposure |
| 141 | to the agricultural pesticide, including appropriate emergency |
| 142 | treatment in case of overexposure. |
| 143 | (d) The emergency procedures for spills, fire, disposal, |
| 144 | and first aid. |
| 145 | (e) A description of the known specific potential health |
| 146 | risks posed by the agricultural pesticide, which is written in |
| 147 | lay terms and is intended to alert any person who reads the |
| 148 | information. |
| 149 | (f) The year and month, if available, that the information |
| 150 | was compiled and the name, address, and emergency telephone |
| 151 | number of the manufacturer responsible for preparing the |
| 152 | information. |
| 153 | Section 7. Section 502.014, Florida Statutes, is amended |
| 154 | to read: |
| 155 | 502.014 Powers and duties.-- |
| 156 | (1) The department shall administer and enforce all |
| 157 | regulatory laws currently in effect governing: |
| 158 | (a) The production, processing, and distribution of milk |
| 159 | and milk products. |
| 160 | (b) The sanitation and sanitary practices of |
| 161 | establishments where food and drink, including milk and milk |
| 162 | products, are sold for consumption on the premises, except food |
| 163 | service establishments regulated under chapters 381 and 509. |
| 164 | (c) The sanitary and healthful condition of the food and |
| 165 | drink sold or offered for sale by establishments under the |
| 166 | department's jurisdiction pursuant to paragraph (b). |
| 167 | (d) The laboratory work of testing and analyzing milk and |
| 168 | milk products. |
| 169 | (2)(a) The department shall conduct onsite inspections of |
| 170 | dairy farms and milk plants, and collect test samples of milk |
| 171 | and milk products, as required by this chapter. |
| 172 | (b) The department shall designate employees who shall be |
| 173 | certified by the United States Food and Drug Administration as |
| 174 | state milk sanitation rating officers, sampling surveillance |
| 175 | officers, and laboratory evaluation officers in accordance with |
| 176 | the requirements published in "Methods of Making Sanitation |
| 177 | Ratings of Milk Supplies," "Evaluation of Milk Laboratories," |
| 178 | and "Procedures Governing the Cooperative State-Public Health |
| 179 | Service/Food and Drug Administration Program for Certification |
| 180 | of Interstate Milk Shippers," respectively, as adopted by |
| 181 | department rule. These officers shall conduct routine sanitation |
| 182 | compliance survey ratings of milk producers, milk plants, |
| 183 | laboratories, receiving stations, transfer stations, and |
| 184 | manufacturers of single-service containers for milk and milk |
| 185 | products. These ratings shall be made in accordance with the |
| 186 | recommendations of the United States Food and Drug |
| 187 | Administration published in Standard Methods for the Examination |
| 188 | of Dairy Products. |
| 189 | (3) The department shall manage a program to issue permits |
| 190 | to persons who test milk or milk products for milkfat content by |
| 191 | weight, volume, chemical, electronic, or other means when the |
| 192 | result of such test is used as a basis for payment for the milk |
| 193 | or milk products. |
| 194 | (4) The department shall define by rule "cottage cheese," |
| 195 | "dry-curd cottage cheese," and "lowfat cottage cheese." The |
| 196 | department shall periodically update these definitions to |
| 197 | maintain conformity with the federal definitions. |
| 198 | (5)(a) The department shall adopt criteria for issuance of |
| 199 | a state temporary marketing permit for milk and milk products |
| 200 | that do not conform to existing standards and definitions. |
| 201 | (b) The department shall establish a fee, not to exceed |
| 202 | $100, for the issuance of a state temporary marketing permit or |
| 203 | the use of a federal permit in the state. The fee shall cover |
| 204 | all costs of issuing the state permit or processing the federal |
| 205 | permit. |
| 206 | (5)(6) The department may impound any reconstituted or |
| 207 | recombined milk or any adulterated or misbranded milk or milk |
| 208 | product to prevent its use for human consumption, and may |
| 209 | dispose of it in a manner that does not create a nuisance. |
| 210 | (6)(7) The department has authority to adopt rules |
| 211 | pursuant to ss. 120.536(1) and 120.54 to implement and enforce |
| 212 | the provisions of this chapter. In adopting these rules, the |
| 213 | department shall be guided by and may conform to the definitions |
| 214 | and standards of the administrative procedures and provisions of |
| 215 | the pasteurized milk ordinance. The rules shall include, but are |
| 216 | not limited to: |
| 217 | (a) Standards for milk and milk products. |
| 218 | (b) Provisions for the production, transportation, |
| 219 | processing, handling, sampling, examination, grading, labeling, |
| 220 | and sale of all milk and milk products and imitation and |
| 221 | substitute milk and milk products sold for public consumption in |
| 222 | this state. |
| 223 | (c) Provisions for the inspection of dairy herds, dairy |
| 224 | farms, and milk plants. |
| 225 | (d) Provisions for the issuance and revocation of permits |
| 226 | issued by the department pursuant to this chapter. |
| 227 | (7)(8) The department shall not conduct routine tests or |
| 228 | inspections on raw milk that is shipped from outside the state. |
| 229 | Nothing in this subsection shall be construed to limit the |
| 230 | authority of the department to review industry records or sample |
| 231 | milk at any stage of production, processing, or distribution in |
| 232 | cases of suspected hazard to public health. |
| 233 | Section 8. Subsection (1) of section 502.091, Florida |
| 234 | Statutes, is amended to read: |
| 235 | 502.091 Milk and milk products which may be sold.-- |
| 236 | (1) Only Grade A pasteurized milk and milk products or |
| 237 | certified pasteurized milk shall be sold to the final consumer |
| 238 | or to restaurants, soda fountains, grocery stores, or similar |
| 239 | establishments. |
| 240 | (a) In an emergency, however, the department may authorize |
| 241 | the sale of reconstituted pasteurized milk products, or |
| 242 | pasteurized milk and milk products that have not been graded or |
| 243 | the grade of that is unknown, in which case such milk and milk |
| 244 | products shall be appropriately labeled, as determined by the |
| 245 | department. |
| 246 | (b) If the department determines that milk is fit for |
| 247 | human consumption even though it is less than Grade A because |
| 248 | the producer failed to comply with the sanitation or bacterial |
| 249 | standards defined in this chapter, or if any specific shipment |
| 250 | of milk fails to comply with standards of the pasteurized milk |
| 251 | ordinance, the department may issue a permit allowing the milk |
| 252 | to be used in ungraded products, such as frozen desserts, which |
| 253 | are being processed by such milk plant. During processing of |
| 254 | such milk, it shall be pasteurized at a temperature of at least |
| 255 | 175° F. for at least 15 seconds or at least 160° F. for at least |
| 256 | least 30 minutes. |
| 257 | Section 9. Subsection (2) of section 503.011, Florida |
| 258 | Statutes, is amended to read: |
| 259 | 503.011 Definitions.--The following definitions shall |
| 260 | apply in the interpretation and enforcement of this chapter: |
| 261 | (2) "Frozen desserts" means the foods which conform to the |
| 262 | provisions of "definitions and standards of identity for frozen |
| 263 | desserts," United States Food and Drug Administration, 21 C.F.R. |
| 264 | part 135 (2004) (1990), and foods, defined by rule of the |
| 265 | department, which resemble but do not conform to federal |
| 266 | definitions. The term also includes, but is not limited to, |
| 267 | "quiescently frozen confection," "quiescently frozen dairy |
| 268 | confection," and "frozen dietary dairy dessert and frozen |
| 269 | dietary dessert." |
| 270 | Section 10. Section 531.39, Florida Statutes, is amended |
| 271 | to read: |
| 272 | 531.39 State standards.--Weights and measures that are |
| 273 | traceable to the United States prototype standards supplied by |
| 274 | the Federal Government (Pub. L. No. 89-164, 1965), or approved |
| 275 | as being satisfactory by the National Institute of Standards and |
| 276 | Technology, shall be the state primary standards of weights and |
| 277 | measures, and shall be maintained in such calibration as |
| 278 | prescribed by the National Institute of Standards and |
| 279 | Technology. In addition, there shall be provided by the state |
| 280 | such secondary standards as may be necessary to carry out the |
| 281 | provisions of this chapter. The secondary standards shall be |
| 282 | verified upon their initial receipt and as often thereafter as |
| 283 | deemed necessary by the department. |
| 284 | Section 11. Section 531.47, Florida Statutes, is amended |
| 285 | to read: |
| 286 | 531.47 Information required on packages.--Except as |
| 287 | otherwise provided in this chapter or by rules adopted pursuant |
| 288 | thereto, any package introduced in intrastate commerce, kept for |
| 289 | the purpose of sale, or offered or exposed for sale in |
| 290 | intrastate commerce shall bear on the outside of the package a |
| 291 | definite, plain, and conspicuous declaration of: |
| 292 | (1) The identity of the commodity in the package, unless |
| 293 | the same can easily be identified through the wrapper or |
| 294 | container. |
| 295 | (2) The net quantity of contents in terms of weight, |
| 296 | measure, or count. |
| 297 | (3) The name and place of business of the manufacturer, |
| 298 | packer, or distributor, in the case of any package kept or |
| 299 | offered or exposed for sale or sold in any place other than on |
| 300 | the premises where packed. |
| 301 | Section 12. Section 531.49, Florida Statutes, is amended |
| 302 | to read: |
| 303 | 531.49 Advertising packages for sale.--Whenever a packaged |
| 304 | commodity is advertised in any manner with the retail price |
| 305 | stated, there shall be closely and conspicuously associated with |
| 306 | the retail price a declaration of quantity as is required by law |
| 307 | or rule to appear on the package. When a dual declaration is |
| 308 | required, only the declaration that sets forth the quantity in |
| 309 | terms of the smaller unit of weight or measure need appear in |
| 310 | the advertisement. |
| 311 | Section 13. Subsection (41) is added to section 570.07, |
| 312 | Florida Statutes, to read: |
| 313 | 570.07 Department of Agriculture and Consumer Services; |
| 314 | functions, powers, and duties.--The department shall have and |
| 315 | exercise the following functions, powers, and duties: |
| 316 | (41) Notwithstanding any other provision of law, to use |
| 317 | any program for on-line procurement of commodities or |
| 318 | contractual services, but not be obligated to do so. |
| 319 | Section 14. Section 570.076, Florida Statutes, is created |
| 320 | to read: |
| 321 | 570.076 Environmental Stewardship Certification |
| 322 | Program.--The department may, by rule, establish the |
| 323 | Environmental Stewardship Certification Program consistent with |
| 324 | this section. A rule adopted under this section must be |
| 325 | developed in consultation with state universities, agricultural |
| 326 | organizations, and other interested parties. |
| 327 | (1) The program must: |
| 328 | (a) Be integrated, to the maximum extent practicable, with |
| 329 | programs that are sponsored by agricultural organizations or |
| 330 | state universities. |
| 331 | (b) Be designed to recognize and promote agricultural |
| 332 | operations or homeowner practices that demonstrate exemplary |
| 333 | resource management that is related to environmental |
| 334 | stewardship. |
| 335 | (c) Include a process to periodically review a |
| 336 | certification to ensure compliance with the program |
| 337 | requirements, including implementation by the certificateholder. |
| 338 | (d) Require periodic continuing education in relevant |
| 339 | environmental stewardship issues in order to maintain |
| 340 | certification. |
| 341 | (2) The department shall provide an agricultural |
| 342 | certification under this program for implementation of one or |
| 343 | more of the following criteria: |
| 344 | (a) A voluntary agreement between an agency and an |
| 345 | agricultural producer for environmental improvement or water- |
| 346 | resource protection. |
| 347 | (b) A conservation plan that meets or exceeds the |
| 348 | requirements of the United States Department of Agriculture. |
| 349 | (c) Best management practices adopted by rule pursuant to |
| 350 | s. 403.067(7)(d) or s. 570.085(2). |
| 351 | (3) The Soil and Water Conservation Council created by s. |
| 352 | 582.06 may develop and recommend to the department for adoption |
| 353 | additional criteria for receipt of an agricultural certification |
| 354 | which may include, but not be limited to: |
| 355 | (a) Comprehensive management of all on-farm resources. |
| 356 | (b) Promotion of environmental awareness and responsible |
| 357 | resource stewardship in agricultural or urban communities. |
| 358 | (c) Completion of a curriculum of study that is related to |
| 359 | environmental issues and regulation. |
| 360 | (4) If needed, the department and the Institute of Food |
| 361 | and Agricultural Sciences at the University of Florida may |
| 362 | jointly develop a curriculum that provides instruction |
| 363 | concerning environmental issues pertinent to agricultural |
| 364 | certification and deliver such curriculum to, and certify its |
| 365 | completion by, any person seeking certification or to maintain |
| 366 | certification. |
| 367 | (5) The department may enter into agreements with third- |
| 368 | party providers to administer or implement all or part of the |
| 369 | program. |
| 370 | Section 15. Paragraph (a) of subsection (4) of section |
| 371 | 570.9135, Florida Statutes, is amended to read: |
| 372 | 570.9135 Beef Market Development Act; definitions; Florida |
| 373 | Beef Council, Inc., creation, purposes, governing board, powers, |
| 374 | and duties; referendum on assessments imposed on gross receipts |
| 375 | from cattle sales; payments to organizations for services; |
| 376 | collecting and refunding assessments; vote on continuing the |
| 377 | act; council bylaws.-- |
| 378 | (4) FLORIDA BEEF COUNCIL, INC.; CREATION; PURPOSES.-- |
| 379 | (a) There is created the Florida Beef Council, Inc., a |
| 380 | not-for-profit corporation organized under the laws of this |
| 381 | state and operating as a direct-support direct-service |
| 382 | organization of the department. |
| 383 | Section 16. Subsection (4) is added to section 581.083, |
| 384 | Florida Statutes, to read: |
| 385 | 581.083 Introduction or release of plant pests, noxious |
| 386 | weeds, or organisms affecting plant life; cultivation of |
| 387 | nonnative plants; special permit and security required.-- |
| 388 | (4) A person may not cultivate a nonnative plant, |
| 389 | including a genetically engineered plant or a plant that has |
| 390 | been introduced, for purposes of fuel production or purposes |
| 391 | other than agriculture in plantings greater in size than 2 |
| 392 | contiguous acres, except under a special permit issued by the |
| 393 | department through the division, which is the sole agency |
| 394 | responsible for issuing such special permits. Such a permit |
| 395 | shall not be required if the department determines, in |
| 396 | conjunction with the Institute of Food and Agricultural Sciences |
| 397 | at the University of Florida, that the plant is not invasive and |
| 398 | subsequently exempts the plant by rule. |
| 399 | (a)1. Each application for a special permit must be |
| 400 | accompanied by a fee as described in subsection (2) and proof |
| 401 | that the applicant has obtained a bond in the form approved by |
| 402 | the department and issued by a surety company admitted to do |
| 403 | business in this state or a certificate of deposit. The |
| 404 | application must include, on a form provided by the department, |
| 405 | the name of the applicant and the applicant's address or the |
| 406 | address of the applicant's principal place of business; a |
| 407 | statement completely identifying the nonnative plant to be |
| 408 | cultivated; and a statement of the estimated cost of removing |
| 409 | and destroying the plant that is the subject of the special |
| 410 | permit and the basis for calculating or determining that |
| 411 | estimate. If the applicant is a corporation, partnership, or |
| 412 | other business entity, the applicant must also provide in the |
| 413 | application the name and address of each officer, partner, or |
| 414 | managing agent. The applicant shall notify the department within |
| 415 | 10 business days of any change of address or change in the |
| 416 | principal place of business. The department shall mail all |
| 417 | notices to the applicant's last known address. |
| 418 | 2. As used in this subsection, the term "certificate of |
| 419 | deposit" means a certificate of deposit at any recognized |
| 420 | financial institution doing business in the United States. The |
| 421 | department may not accept a certificate of deposit in connection |
| 422 | with the issuance of a special permit unless the issuing |
| 423 | institution is properly insured by the Federal Deposit Insurance |
| 424 | Corporation or the Federal Savings and Loan Insurance |
| 425 | Corporation. |
| 426 | (b) Upon obtaining a permit, the permitholder may annually |
| 427 | cultivate and maintain the nonnative plants as authorized by the |
| 428 | special permit. If the permitholder ceases to maintain or |
| 429 | cultivate the plants authorized by the special permit, if the |
| 430 | permit expires, or if the permitholder ceases to abide by the |
| 431 | conditions of the special permit, the permitholder shall |
| 432 | immediately remove and destroy the plants that are subject to |
| 433 | the permit, if any remain. The permitholder shall notify the |
| 434 | department of the removal and destruction of the plants within |
| 435 | 10 days after such event. |
| 436 | (c) If the department: |
| 437 | 1. Determines that the permitholder is no longer |
| 438 | maintaining or cultivating the plants subject to the special |
| 439 | permit and has not removed and destroyed the plants authorized |
| 440 | by the special permit; |
| 441 | 2. Determines that the continued maintenance or |
| 442 | cultivation of the plants presents an imminent danger to public |
| 443 | health, safety, or welfare; |
| 444 | 3. Determines that the permitholder has exceeded the |
| 445 | conditions of the authorized special permit; or |
| 446 | 4. Receives a notice of cancellation of the surety bond, |
| 447 |
|
| 448 | the department may issue an immediate final order, which shall |
| 449 | be immediately appealable or enjoinable as provided by chapter |
| 450 | 120, directing the permitholder to immediately remove and |
| 451 | destroy the plants authorized to be cultivated under the special |
| 452 | permit. A copy of the immediate final order shall be mailed to |
| 453 | the permitholder and to the surety company or financial |
| 454 | institution that has provided security for the special permit, |
| 455 | if applicable. |
| 456 | (d) If, upon issuance by the department of an immediate |
| 457 | final order to the permitholder, the permitholder fails to |
| 458 | remove and destroy the plants subject to the special permit |
| 459 | within 60 days after issuance of the order, or such shorter |
| 460 | period as is designated in the order as public health, safety, |
| 461 | or welfare requires, the department may enter the cultivated |
| 462 | acreage and remove and destroy the plants that are the subject |
| 463 | of the special permit. If the permitholder makes a written |
| 464 | request to the department for an extension of time to remove and |
| 465 | destroy the plants that demonstrates specific facts showing why |
| 466 | the plants could not reasonably be removed and destroyed in the |
| 467 | applicable timeframe, the department may extend the time for |
| 468 | removing and destroying plants subject to a special permit. The |
| 469 | reasonable costs and expenses incurred by the department for |
| 470 | removing and destroying plants subject to a special permit shall |
| 471 | be reimbursed to the department by the permitholder within 21 |
| 472 | days after the date the permitholder and the surety company or |
| 473 | financial institution are served a copy of the department's |
| 474 | invoice for the costs and expenses incurred by the department to |
| 475 | remove and destroy the cultivated plants, along with a notice of |
| 476 | administrative rights, unless the permitholder or the surety |
| 477 | company or financial institution object to the reasonableness of |
| 478 | the invoice. In the event of an objection, the permitholder or |
| 479 | surety company or financial institution is entitled to an |
| 480 | administrative proceeding as provided by chapter 120. Upon entry |
| 481 | of a final order determining the reasonableness of the incurred |
| 482 | costs and expenses, the permitholder shall have 15 days |
| 483 | following service of the final order to reimburse the |
| 484 | department. Failure of the permitholder to timely reimburse the |
| 485 | department for the incurred costs and expenses entitles the |
| 486 | department to reimbursement from the applicable bond or |
| 487 | certificate of deposit. |
| 488 | (e) Each permitholder shall maintain for each separate |
| 489 | growing location a bond or a certificate of deposit in an amount |
| 490 | determined by the department, but not less than 150 percent of |
| 491 | the estimated cost of removing and destroying the cultivated |
| 492 | plants. The bond or certificate of deposit may not exceed $5,000 |
| 493 | per acre, unless a higher amount is determined by the department |
| 494 | to be necessary to protect the public health, safety, and |
| 495 | welfare or unless an exemption is granted by the department |
| 496 | based on conditions specified in the application which would |
| 497 | preclude the department from incurring the cost of removing and |
| 498 | destroying the cultivated plants and would prevent injury to the |
| 499 | public health, safety, and welfare. The aggregate liability of |
| 500 | the surety company or financial institution to all persons for |
| 501 | all breaches of the conditions of the bond or certificate of |
| 502 | deposit may not exceed the amount of the bond or certificate of |
| 503 | deposit. The original bond or certificate of deposit required by |
| 504 | this subsection shall be filed with the department. A surety |
| 505 | company shall give the department 30 days' written notice of |
| 506 | cancellation, by certified mail, in order to cancel a bond. |
| 507 | Cancellation of a bond does not relieve a surety company of |
| 508 | liability for paying to the department all costs and expenses |
| 509 | incurred or to be incurred for removing and destroying the |
| 510 | permitted plants covered by an immediate final order authorized |
| 511 | under paragraph (c). A bond or certificate of deposit must be |
| 512 | provided or assigned in the exact name in which an applicant |
| 513 | applies for a special permit. The penal sum of the bond or |
| 514 | certificate of deposit to be furnished to the department by a |
| 515 | permitholder in the amount specified in this paragraph must |
| 516 | guarantee payment of the costs and expenses incurred or to be |
| 517 | incurred by the department for removing and destroying the |
| 518 | plants cultivated under the issued special permit. The bond or |
| 519 | certificate of deposit assignment or agreement must be upon a |
| 520 | form prescribed or approved by the department and must be |
| 521 | conditioned to secure the faithful accounting for and payment of |
| 522 | all costs and expenses incurred by the department for removing |
| 523 | and destroying all plants cultivated under the special permit. |
| 524 | The bond or certificate of deposit assignment or agreement must |
| 525 | include terms binding the instrument to the Commissioner of |
| 526 | Agriculture. Such certificate of deposit shall be presented with |
| 527 | an assignment of the permitholder's rights in the certificate in |
| 528 | favor of the Commissioner of Agriculture on a form prescribed by |
| 529 | the department and with a letter from the issuing institution |
| 530 | acknowledging that the assignment has been properly recorded on |
| 531 | the books of the issuing institution and will be honored by the |
| 532 | issuing institution. Such assignment is irrevocable while a |
| 533 | special permit is in effect and for an additional period of 6 |
| 534 | months after termination of the special permit if operations to |
| 535 | remove and destroy the permitted plants are not continuing and |
| 536 | if the department's invoice remains unpaid by the permitholder |
| 537 | under the issued immediate final order. If operations to remove |
| 538 | and destroy the plants are pending, the assignment remains in |
| 539 | effect until all plants are removed and destroyed and the |
| 540 | department's invoice has been paid. The bond or certificate of |
| 541 | deposit may be released by the assignee of the surety company or |
| 542 | financial institution to the permitholder, or to the |
| 543 | permitholder's successors, assignee, or heirs, if operations to |
| 544 | remove and destroy the permitted plants are not pending and no |
| 545 | invoice remains unpaid at the conclusion of 6 months after the |
| 546 | last effective date of the special permit. The department may |
| 547 | not accept a certificate of deposit that contains any provision |
| 548 | that would give to any person any prior rights or claim on the |
| 549 | proceeds or principal of such certificate of deposit. The |
| 550 | department shall determine by rule whether an annual bond or |
| 551 | certificate of deposit will be required. The amount of such bond |
| 552 | or certificate of deposit shall be increased, upon order of the |
| 553 | department, at any time if the department finds such increase to |
| 554 | be warranted by the cultivating operations of the permitholder. |
| 555 | In the same manner, the amount of such bond or certificate of |
| 556 | deposit may be decreased when a decrease in the cultivating |
| 557 | operations warrants such decrease. This paragraph applies to any |
| 558 | bond or certificate of deposit, regardless of the anniversary |
| 559 | date of its issuance, expiration, or renewal. |
| 560 | (f) In order to carry out the purposes of this subsection, |
| 561 | the department or its agents may require from any permitholder |
| 562 | verified statements of the cultivated acreage subject to the |
| 563 | special permit and may review the permitholder's business or |
| 564 | cultivation records at her or his place of business during |
| 565 | normal business hours in order to determine the acreage |
| 566 | cultivated. The failure of a permitholder to furnish such |
| 567 | statement, to make such records available, or to make and |
| 568 | deliver a new or additional bond or certificate of deposit is |
| 569 | cause for suspension of the special permit. If the department |
| 570 | finds such failure to be willful, the special permit may be |
| 571 | revoked. |
| 572 | Section 17. Subsection (3) of section 585.002, Florida |
| 573 | Statutes, is amended to read: |
| 574 | 585.002 Department control; continuance of powers, duties, |
| 575 | rules, orders, etc.-- |
| 576 | (3) The department, to the exclusion of all other state |
| 577 | agencies, shall have regulatory authority over the possession, |
| 578 | control, care, and maintenance of ostriches, emus, and rheas, |
| 579 | and bison domesticated and confined for commercial farming |
| 580 | purposes, except those kept and maintained on hunting preserves |
| 581 | or game farms or primarily for exhibition purposes in zoos, |
| 582 | carnivals, circuses, and other such establishments where such |
| 583 | species are kept for display to the public for a fee. |
| 584 | Section 18. Subsection (2) and paragraph (c) of subsection |
| 585 | (3) of section 590.125, Florida Statutes, are amended to read: |
| 586 | 590.125 Open burning authorized by the division.-- |
| 587 | (2) NONCERTIFIED BURNING.-- |
| 588 | (a) Persons may be authorized to burn wild land or |
| 589 | vegetative land-clearing debris in accordance with this |
| 590 | subsection if: |
| 591 | 1. There is specific consent of the landowner or his or |
| 592 | her designee; |
| 593 | 2. Authorization has been obtained from the division or |
| 594 | its designated agent before starting the burn; |
| 595 | 3. There are adequate firebreaks at the burn site and |
| 596 | sufficient personnel and firefighting equipment for the control |
| 597 | of the fire; |
| 598 | 4. The fire remains within the boundary of the authorized |
| 599 | area; |
| 600 | 5. Someone is present at the burn site until the fire is |
| 601 | extinguished; |
| 602 | 6. The division does not cancel the authorization; and |
| 603 | 7. The division determines that air quality and fire |
| 604 | danger are favorable for safe burning. |
| 605 |
|
| 606 | If a request for a burn permit is denied at any time or for any |
| 607 | reason, the division must obtain, if possible, two telephone |
| 608 | numbers from the person requesting the burn permit. Upon the |
| 609 | return of conditions allowing for the issuance of a permit, the |
| 610 | division must make at least two attempts to notify the person |
| 611 | that an authorization may be granted. |
| 612 | (b) A person who burns wild land or vegetative land- |
| 613 | clearing debris in a manner that violates any requirement of |
| 614 | this subsection commits a misdemeanor of the second degree, |
| 615 | punishable as provided in s. 775.082 or s. 775.083. |
| 616 | (3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND |
| 617 | PURPOSE.-- |
| 618 | (c) Neither a property owner nor or his or her agent is |
| 619 | neither liable pursuant to s. 590.13 for damage or injury caused |
| 620 | by the fire or resulting smoke or nor considered to be in |
| 621 | violation of subsection (2) for burns conducted in accordance |
| 622 | with this subsection unless gross negligence is proven. |
| 623 | Section 19. Assessment of obsolete agricultural |
| 624 | equipment.-- |
| 625 | (1) For purposes of assessment for ad valorem property |
| 626 | taxes, obsolete agricultural equipment shall be deemed to have a |
| 627 | market value no greater than its value for salvage. As used in |
| 628 | this section, the term "agricultural equipment" means any |
| 629 | equipment that qualifies for the sales tax exemption provided in |
| 630 | s. 212.08(3), Florida Statutes, wherever purchased. Agricultural |
| 631 | equipment shall be considered obsolete for purposes of this |
| 632 | section if it is no longer commonly used by the taxpayer in |
| 633 | agricultural production. |
| 634 | (2) Any taxpayer claiming the right of assessment for ad |
| 635 | valorem taxes under the provisions of this section shall so |
| 636 | state in a return filed as provided by law, giving a brief |
| 637 | description of the equipment and its use. The property appraiser |
| 638 | may require the taxpayer to produce any additional information |
| 639 | as necessary in order to establish the taxpayer's right to have |
| 640 | such property classified as obsolete under this section for |
| 641 | purposes of the assessment. |
| 642 | Section 20. If any provision of this act or the |
| 643 | application thereof to any person or circumstances is held |
| 644 | invalid, the invalidity shall not affect other provisions or |
| 645 | applications of the act which can be given effect without the |
| 646 | invalid provision or application and, to this end, the |
| 647 | provisions of this act are declared severable. |
| 648 | Section 21. This act shall take effect July 1, 2005. |