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26 | desserts"; amending s. 531.39, F.S.; deleting an outdated |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. |