Senate Bill sb1388c2

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    Florida Senate - 2006                    CS for CS for SB 1388

    By the Committees on Commerce and Consumer Services;
    Agriculture; and Senator Smith




    577-2057-06

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Agriculture and Consumer Services; amending s.

  4         482.021, F.S.; revising the definitions of the

  5         terms "employee" and "independent contractor"

  6         for purposes of pest control regulation;

  7         amending s. 482.051, F.S.; revising certain

  8         requirements of the department to adopt rules

  9         relating to the use of pesticides for

10         preventing subterranean termites in new

11         construction; amending s. 482.091, F.S.;

12         clarifying provisions governing the performance

13         of pest control services; amending s. 482.156,

14         F.S.; requiring certification of individual

15         commercial landscape maintenance personnel;

16         revising the types of materials such personnel

17         may use; removing obsolete provisions relating

18         to fees; revising criteria for eligibility to

19         take the commercial landscape maintenance

20         personnel examination; clarifying requirements

21         relating to proof of education and insurance;

22         amending s. 482.211, F.S.; clarifying exemption

23         of certain mosquito-control activities from

24         regulation; amending s. 500.033, F.S.; renaming

25         the Florida Food Safety and Food Security

26         Advisory Council as the Florida Food Safety and

27         Food Defense Advisory Council and revising

28         duties accordingly; creating s. 570.954, F.S.;

29         providing a short title; providing legislative

30         findings; providing purposes; providing

31         definitions; establishing the Farm to Fuel

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 1         Grants Program; providing criteria for

 2         distribution of grants; authorizing appointment

 3         of an advisory council; providing purposes;

 4         providing membership; authorizing the

 5         department to adopt rules; creating s. 220.192,

 6         F.S.; providing certain tax credits for certain

 7         producers of ethanol and biodiesel; authorizing

 8         the Department of Revenue to adopt certain

 9         rules relating to the tax credits; providing

10         for future repeal of the tax credits; amending

11         s. 582.06, F.S.; revising the membership of the

12         Soil and Water Conservation Council; amending

13         s. 828.30, F.S.; updating references to the

14         Rabies Vaccination Certificate; amending s.

15         403.067, F.S.; clarifying rules adopted by the

16         department relating to best-management

17         practices; clarifying the authority for certain

18         measures to be implemented by the Department of

19         Environmental Protection for certain water

20         bodies; repealing s. 482.211(11), F.S.,

21         relating to an exemption from ch. 482, F.S.,

22         provided for a yard worker when applying a

23         pesticide to the lawn or ornamental plants of

24         an individual residential property owner under

25         certain circumstances; designating the "Austin

26         Dewey Gay Agricultural Inspection Station" in

27         Escambia County; providing an appropriation;

28         providing an effective date.

29  

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

31  

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 1         Section 1.  Subsections (7) and (12) of section

 2  482.021, Florida Statutes, are amended to read:

 3         482.021  Definitions.--For the purposes of this

 4  chapter, and unless otherwise required by the context, the

 5  term:

 6         (7)  "Employee" means a person who is employed by a

 7  licensee that provides that person with necessary training,

 8  supervision, pesticides, equipment, and insurance and who

 9  receives compensation from and is under the personal

10  supervision and direct control of the licensee's certified

11  operator in charge and licensee from whose which compensation

12  of the licensee regularly deducts and matches federal

13  insurance contributions and federal income and Social Security

14  taxes.

15         (12)  "Independent contractor" means an entity separate

16  from the licensee that:

17         (a)  Receives moneys from a customer which are

18  deposited in a bank account other than that of the licensee;

19         (b)  Owns or supplies its own service vehicle,

20  equipment, and pesticides; or

21         (c)  Maintains a business operation, office, or support

22  staff independent of the licensee's direct control;

23         (d)  Pays its own operating expenses such as fuel,

24  equipment, pesticides, and materials; or

25         (e)(c)  Pays its own workers' worker's compensation as

26  an independent contractor.

27         Section 2.  Subsection (5) of section 482.051, Florida

28  Statutes, is amended to read:

29         482.051  Rules.--The department has authority to adopt

30  rules pursuant to ss. 120.536(1) and 120.54 to implement the

31  provisions of this chapter. Prior to proposing the adoption of

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 1  a rule, the department shall counsel with members of the pest

 2  control industry concerning the proposed rule. The department

 3  shall adopt rules for the protection of the health, safety,

 4  and welfare of pest control employees and the general public

 5  which require:

 6         (5)  That any pesticide used as the primary preventive

 7  treatment for preconstruction treatments for the prevention of

 8  subterranean termites in new construction be applied in the

 9  amount, concentration, and treatment area in accordance with

10  the label; that a copy of the label of the registered

11  pesticide being applied be carried in a vehicle at the site

12  where the pesticide is being applied; and that the licensee

13  maintain for 3 years the record of each preconstruction

14  treatment, indicating the date of treatment, the location or

15  address of the property treated, the total square footage of

16  the structure treated, the type of pesticide applied, the

17  concentration of each substance in the mixture applied, and

18  the total amount of pesticide applied.

19         Section 3.  Paragraph (a) of subsection (2) of section

20  482.091, Florida Statutes, is amended to read:

21         482.091  Employee identification cards.--

22         (2)(a)  An identification cardholder must be an

23  employee of the licensee and work under the direction and

24  supervision of the licensee's certified operator in charge and

25  shall may not be an independent contractor. An identification

26  cardholder shall operate may perform only pest control

27  services out of, and or for customers assigned arising from,

28  the licensee's licensed business location. An identification

29  cardholder shall may not perform any pest control

30  independently of and without the knowledge of the licensee and

31  

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 1  the licensee's certified operator in charge and shall may

 2  perform pest control only for the licensee's customers.

 3         Section 4.  Subsections (1), (2), and (3) of section

 4  482.156, Florida Statutes, are amended to read:

 5         482.156  Limited certification for commercial landscape

 6  maintenance personnel.--

 7         (1)  The department shall establish a limited

 8  certification category for individual commercial landscape

 9  maintenance personnel to authorize them to apply herbicides

10  for controlling weeds in plant beds and to perform integrated

11  pest management on ornamental plants using the following

12  materials: insecticides and fungicides having the signal word

13  "caution" but not having the word "warning" or "danger" on the

14  label, insecticidal soaps, horticultural oils, and bacillus

15  thuringiensis formulations. The application equipment that may

16  be used by a person certified pursuant to this section is

17  limited to portable, handheld 3-gallon compressed air sprayers

18  or backpack sprayers having no more than a 5-gallon capacity

19  and does not include power equipment.

20         (2)(a)  A person seeking limited certification under

21  this section must pass an examination given by the department.

22  Each application for examination must be accompanied by an

23  examination fee set by rule of the department, in an amount of

24  not more than $150 or less than $50; however, until a rule

25  setting this fee is adopted by the department, the examination

26  fee is $50. Prior to the department's issuing a limited

27  certification under this section, each person applying making

28  application for the certification under this section must

29  furnish proof of having a certificate of insurance which

30  states that the employer meets the requirements for minimum

31  

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 1  financial responsibility for bodily injury and property damage

 2  required by s. 482.071(4).

 3         (b)  To be eligible to take the examination, an

 4  applicant must have completed 6 8 classroom hours of plant bed

 5  and ornamental continuing education training approved by the

 6  department and provide sufficient proof, according to criteria

 7  established by department rule, that the applicant has been in

 8  the landscape maintenance business for at least 3 years.

 9         (b)  The department shall provide the appropriate

10  reference materials for the examination and make the

11  examination readily accessible and available to applicants at

12  least quarterly or as necessary in each county.

13         (3)  An application for recertification under this

14  section must be made annually and be accompanied by a

15  recertification fee set by rule of the department, in an

16  amount of not more than $75 or less than $25; however, until a

17  rule setting this fee is adopted by the department, the fee

18  for recertification is $25. The application must also be

19  accompanied by proof of having completed 4 classroom hours of

20  acceptable continuing education and the same proof of having a

21  certificate of insurance as is required for issuance of this

22  initial certification. After a grace period not exceeding 30

23  calendar days following the annual date that recertification

24  is due, a late renewal charge of $50 shall be assessed and

25  must be paid in addition to the renewal fee. Unless timely

26  recertified, a certificate automatically expires 180 calendar

27  days after the anniversary recertification date. Subsequent to

28  such expiration, a certificate may be issued only upon

29  successful reexamination and upon payment of the examination

30  fees due.

31  

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 1         Section 5.  Subsection (7) of section 482.211, Florida

 2  Statutes, is amended to read:

 3         482.211  Exemptions.--This chapter does not apply to:

 4         (7)  Area Mosquito control activities conducted by a

 5  local government or district established under chapter 388 or

 6  by special act or by a contractor of the local government or

 7  district.

 8         Section 6.  Section 500.033, Florida Statutes, is

 9  amended to read:

10         500.033  Florida Food Safety and Food Defense Security

11  Advisory Council.--

12         (1)  There is created the Florida Food Safety and Food

13  Defense Security Advisory Council for the purpose of serving

14  as a forum for presenting, investigating, and evaluating

15  issues of current importance to the assurance of a safe and

16  secure food supply to the citizens of Florida. The Florida

17  Food Safety and Food Defense Security Advisory Council shall

18  consist of, but not be limited to: the Commissioner of

19  Agriculture or his or her designee; the Secretary of Health or

20  his or her designee; the Secretary of Business and

21  Professional Regulation or his or her designee; the person

22  responsible for domestic security with the Florida Department

23  of Law Enforcement; members representing the production,

24  processing, distribution, and sale of foods; consumers or

25  and/or members of citizens groups; representatives of or food

26  industry groups; scientists or other experts in aspects of

27  food safety from state universities; representatives from

28  local, state, and federal agencies that are charged with

29  responsibilities for food safety or food defense security; the

30  chairs of the Agriculture Committees of the Senate and the

31  House of Representatives or their designees; and the chairs of

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 1  the committees of the Senate and the House of Representatives

 2  with jurisdictional oversight of home defense issues or their

 3  designees. The Commissioner of Agriculture shall appoint the

 4  remaining members. The council shall make periodic reports to

 5  the Department of Agriculture and Consumer Services concerning

 6  findings and recommendations in the area of food safety and

 7  food defense security.

 8         (2)  The council shall consider the development of

 9  appropriate advice or recommendations on food safety or food

10  defense security issues. In the discharge of their duties, the

11  council members may receive for review confidential data

12  exempt from the provisions of s. 119.07(1); however, it is

13  unlawful for any member of the council to use the data for his

14  or her advantage or reveal the data to the general public.

15         Section 7.  Section 570.954, Florida Statutes, is

16  created to read:

17         570.954  Farm to fuel.--

18         (1)  This section may be cited as the "Florida Farm to

19  Fuel Act."

20         (2)  The Legislature finds that:

21         (a)  Utilization of Florida crops and biomass for

22  production of bioenergy is important for the state's future

23  energy stability, protection of its environment, and continued

24  viability of its agriculture industry.

25         (b)  Development of bioenergy will help to reduce

26  demand for foreign fuels, reduce pollution, and promote

27  economic growth.

28         (c)  Assistance in the production and distribution of

29  bioenergy in the state is needed.

30         (d)  Production of bioenergy in the state is ideal due

31  to the state's vast amount of farm acreage and mild climate,

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 1  which permit crops to be grown virtually year-round, and the

 2  availability of other biomass.

 3         (3)  This section is intended to provide grants to:

 4         (a)  Stimulate capital investment in the state and

 5  enhance the market for and promote the production and

 6  distribution of bioenergy.

 7         (b)  Advance the already growing establishment of

 8  bioenergy technologies in the state and attract additional

 9  bioenergy production to the state.

10         (c)  Demonstrate technologies or processes that convert

11  Florida-grown crops, agricultural wastes and residues, and

12  other biomass into bioenergy.

13         (4)  As used in this section, the term:

14         (a)  "Biomass" means a power source that is comprised

15  of, but not limited to, combustible residues or gases from

16  forest products manufacturing, agricultural and orchard crops,

17  waste products from livestock and poultry operations and food

18  processing, urban wood waste, municipal solid waste, municipal

19  liquid waste treatment operations, and landfills.

20         (b)  "Department" means the Department of Agriculture

21  and Consumer Services.

22         (c)  "Person" means an individual, partnership, joint

23  venture, private or public corporation, association, firm,

24  public service company, or any other entity, public or

25  private, however organized.

26         (5)  The Farm to Fuel Grants Program is established

27  within the department to provide grants for research,

28  development, and demonstration of commercial applications of

29  bioenergy technology.

30  

31  

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 1         (a)  Grants made under this section for bioenergy

 2  projects may be made to any person who meets the criteria in

 3  this section.

 4         (b)  Factors the department may consider in awarding

 5  grants include, but are not limited to, the degree to which:

 6         1.  The project stimulates in-state capital investment

 7  and economic development in metropolitan and rural areas,

 8  including the creation of jobs and the future development of a

 9  commercial market for bioenergy.

10         2.  The project produces bioenergy from Florida-grown

11  crops or biomass.

12         3.  The project demonstrates efficient use of energy

13  and material resources.

14         4.  The project fosters overall understanding and

15  appreciation of bioenergy technologies.

16         5.  Matching funds and in-kind contributions from an

17  applicant are available.

18         6.  The project duration and the timeline for

19  expenditures are acceptable.

20         7.  The project has a reasonable assurance of enhancing

21  the value of agricultural products or will expand agribusiness

22  in the state.

23         8.  Preliminary market and feasibility research has

24  been conducted by the applicant or others and shows there is a

25  reasonable assurance of a potential market.

26         (c)  The department may conduct a statewide

27  comprehensive information and education program aimed at

28  informing the business sector of the availability of the

29  grants and educating the public about the benefits of

30  renewable energy and the use of alternative fuels.

31  

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 1         (6)  Pursuant to s. 570.0705, the Commissioner of

 2  Agriculture may appoint a Florida Farm to Fuel Advisory

 3  Council consisting of a diverse group of stakeholders that

 4  includes, but is not limited to, representatives of the

 5  agriculture industry, researchers, fuel suppliers, technology

 6  manufacturers, and environmental interests. The council shall

 7  provide advice and counsel to the Commissioner of Agriculture

 8  on the production of bioenergy in the state.

 9         (7)  The department may adopt rules pursuant to ss.

10  120.536(1) and 120.54 to implement the provisions of this

11  section.

12         Section 8.  Section 220.192, Florida Statutes, is

13  created to read:

14         220.192  Farm to fuel production tax credit.--

15         (1)  For tax years beginning on or after January 1,

16  2007, a credit against the tax imposed under this chapter

17  shall be granted in an amount to be determined as follows:

18         (a)  A taxpayer who produces ethanol at a facility

19  located in this state is entitled to a credit against the

20  taxpayer's state tax liability equal to the product of 20

21  cents multiplied by the number of gallons of ethanol produced

22  at the facility using Florida-grown commodities.

23         (b)  A taxpayer who produces biodiesel at a facility

24  located in this state is entitled to a credit against the

25  taxpayer's state tax liability equal to the product of 20

26  cents multiplied by the number of gallons of biodiesel

27  produced at the facility using Florida-grown commodities.

28         (2)  The department shall adopt rules relating to the

29  forms required to claim a tax credit under this section, the

30  requirements and basis for establishing an entitlement to a

31  

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 1  credit, and the examination and audit procedures required to

 2  administer this section.

 3         (3)  This section is repealed July 1, 2010.

 4         Section 9.  Paragraphs (b) and (c) of subsection (1) of

 5  section 582.06, Florida Statutes, are amended to read:

 6         582.06  Soil and Water Conservation Council; powers and

 7  duties.--

 8         (1)  COMPOSITION.--The Soil and Water Conservation

 9  Council is created in the Department of Agriculture and

10  Consumer Services and shall be composed of 23 members as

11  follows:

12         (b)  Twelve nonvoting ex officio members shall include

13  one representative each from the Department of Environmental

14  Protection, the five water management districts, the Institute

15  of Food and Agricultural Sciences at the University of

16  Florida, the United States Department of Agriculture Natural

17  Resources Conservation Service, the Florida Association of

18  Counties, and the Florida League of Cities, and two

19  representatives of environmental interests.

20         (c)  All members shall be appointed by the

21  commissioner. Ex officio Members appointed pursuant to

22  paragraph (b) shall be appointed by the commissioner from

23  recommendations provided by the organization or interest

24  represented.

25         Section 10.  Subsection (3) of section 828.30, Florida

26  Statutes, is amended to read:

27         828.30  Rabies vaccination of dogs, cats, and

28  ferrets.--

29         (3)  Upon vaccination against rabies, the licensed

30  veterinarian shall provide the animal's owner and the animal

31  control authority with a rabies vaccination certificate. Each

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 1  animal control authority and veterinarian shall use the Form

 2  51, "Rabies Vaccination Certificate," of the National

 3  Association of State Public Health Veterinarians (NASPHV) or

 4  an equivalent form approved by the local government that

 5  contains all the information required by the NASPHV Rabies

 6  Vaccination Certificate Form 51. The veterinarian who

 7  administers the rabies vaccine to an animal as required under

 8  this section may affix his or her signature stamp in lieu of

 9  an actual signature.

10         Section 11.  Paragraph (c) of subsection (7) and

11  subsection (11) of section 403.067, Florida Statutes, are

12  amended to read:

13         403.067  Establishment and implementation of total

14  maximum daily loads.--

15         (7)  DEVELOPMENT OF BASIN MANAGEMENT PLANS AND

16  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--

17         (c)  Best management practices.--

18         1.  The department, in cooperation with the water

19  management districts and other interested parties, as

20  appropriate, may develop suitable interim measures, best

21  management practices, or other measures necessary to achieve

22  the level of pollution reduction established by the department

23  for nonagricultural nonpoint pollutant sources in allocations

24  developed pursuant to subsection (6) and this subsection.

25  These practices and measures may be adopted by rule by the

26  department and the water management districts pursuant to ss.

27  120.536(1) and 120.54, and, where adopted by rule, shall be

28  implemented by those parties responsible for nonagricultural

29  nonpoint source pollution.

30         2.  The Department of Agriculture and Consumer Services

31  may develop and adopt by rule pursuant to ss. 120.536(1) and

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 1  120.54 suitable interim measures, best management practices,

 2  or other measures necessary to achieve the level of pollution

 3  reduction established by the department for agricultural

 4  pollutant sources in allocations developed pursuant to

 5  subsection (6) and this subsection or for programs implemented

 6  pursuant to paragraph (11)(b). These practices and measures

 7  may be implemented by those parties responsible for

 8  agricultural pollutant sources and the department, the water

 9  management districts, and the Department of Agriculture and

10  Consumer Services shall assist with implementation. In the

11  process of developing and adopting rules for interim measures,

12  best management practices, or other measures, the Department

13  of Agriculture and Consumer Services shall consult with the

14  department, the Department of Health, the water management

15  districts, representatives from affected farming groups, and

16  environmental group representatives. Such rules shall also

17  incorporate provisions for a notice of intent to implement the

18  practices and a system to assure the implementation of the

19  practices, including recordkeeping requirements.

20         3.  Where interim measures, best management practices,

21  or other measures are adopted by rule, the effectiveness of

22  such practices in achieving the levels of pollution reduction

23  established in allocations developed by the department

24  pursuant to subsection (6) and this subsection or in programs

25  implemented pursuant to paragraph (11)(b) shall be verified at

26  representative sites by the department. The department shall

27  use best professional judgment in making the initial

28  verification that the best management practices are reasonably

29  expected to be effective and, where applicable, shall notify

30  the appropriate water management district or and the

31  Department of Agriculture and Consumer Services of its initial

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 1  verification prior to the adoption of a rule proposed pursuant

 2  to this paragraph. Implementation, in accordance with rules

 3  adopted under this paragraph, of practices that have been

 4  initially verified to be effective, or verified to be

 5  effective by monitoring at representative sites, by the

 6  department, shall provide a presumption of compliance with

 7  state water quality standards and release from the provisions

 8  of s. 376.307(5) for those pollutants addressed by the

 9  practices, and the department is not authorized to institute

10  proceedings against the owner of the source of pollution to

11  recover costs or damages associated with the contamination of

12  surface water or groundwater caused by those pollutants.

13  Research funded by the department, a water management

14  district, or the Department of Agriculture and Consumer

15  Services to develop or demonstrate interim measures or

16  best-management practices is granted a presumption of

17  compliance with state water quality standards and release from

18  s. 376.307(5) which is limited to the research site for those

19  pollutants addressed by the practices.

20         4.  Where water quality problems are demonstrated,

21  despite the appropriate implementation, operation, and

22  maintenance of best management practices and other measures

23  according to rules adopted under this paragraph, the

24  department, a water management district, or the Department of

25  Agriculture and Consumer Services, in consultation with the

26  department, shall institute a reevaluation of the best

27  management practice or other measure. Should the reevaluation

28  determine that the best management practice or other measure

29  requires modification, the department, a water management

30  district, or the Department of Agriculture and Consumer

31  Services, as appropriate, shall revise the rule to require

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 1  implementation of the modified practice within a reasonable

 2  time period as specified in the rule.

 3         5.  Individual agricultural records relating to

 4  processes or methods of production, or relating to costs of

 5  production, profits, or other financial information which are

 6  otherwise not public records, which are reported to the

 7  Department of Agriculture and Consumer Services pursuant to

 8  subparagraphs 3. and 4. or pursuant to any rule adopted

 9  pursuant to subparagraph 2. shall be confidential and exempt

10  from s. 119.07(1) and s. 24(a), Art. I of the State

11  Constitution. Upon request of the department or any water

12  management district, the Department of Agriculture and

13  Consumer Services shall make such individual agricultural

14  records available to that agency, provided that the

15  confidentiality specified by this subparagraph for such

16  records is maintained. This subparagraph is subject to the

17  Open Government Sunset Review Act of 1995 in accordance with

18  s. 119.15, and shall stand repealed on October 2, 2006, unless

19  reviewed and saved from repeal through reenactment by the

20  Legislature.

21         6.  The provisions of subparagraphs 1. and 2. shall not

22  preclude the department or water management district from

23  requiring compliance with water quality standards or with

24  current best management practice requirements set forth in any

25  applicable regulatory program authorized by law for the

26  purpose of protecting water quality. Additionally,

27  subparagraphs 1. and 2. are applicable only to the extent that

28  they do not conflict with any rules adopted by the department

29  that are necessary to maintain a federally delegated or

30  approved program.

31         (11)  IMPLEMENTATION OF ADDITIONAL PROGRAMS.--

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

 2  legislative approval, any additional regulatory authority

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

 4  130, if such implementation would result in water quality

 5  discharge regulation of activities not currently subject to

 6  regulation.

 7         (b)  Interim measures, best management practices, or

 8  other measures may be developed and voluntarily implemented

 9  pursuant to paragraph subparagraphs (7)(c)1. and 2. for any

10  water body or segment for which a total maximum daily load or

11  allocation has not been established. The implementation of

12  such pollution control programs may be considered by the

13  department in the determination made pursuant to subsection

14  (4).

15         Section 12.  Subsection (11) of section 482.211,

16  Florida Statutes, is repealed.

17         Section 13.  Austin Dewey Gay Agricultural Inspection

18  Station designated; department to erect suitable markers.--

19         (1)  The agricultural inspection station located at or

20  near mile marker 1 on Interstate Highway 10 in Escambia County

21  is designated as "Austin Dewey Gay Memorial Agricultural

22  Inspection Station."

23         (2)  The Department of Agriculture and Consumer

24  Services is directed to erect suitable markers designating the

25  Austin Dewey Gay Memorial Agricultural Inspection Station as

26  described in subsection (1).

27         Section 14.  The sum of $5,500,000 is appropriated from

28  the General Revenue Fund to the Department of Agriculture and

29  Consumer Services for the purpose of implementing s.

30  570.954(5), Florida Statutes.

31         Section 15.  This act shall take effect July 1, 2006.

                                  17

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    Florida Senate - 2006                    CS for CS for SB 1388
    577-2057-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                            CS/SB 1388

 3                                 

 4  The committee substitute for committee substitute differs from
    the committee substitute as filed in that it:
 5  
    -    Authorizes the department to conduct a statewide
 6       information and education program aimed at informing the
         business sector on the available grants and educating the
 7       general public on the benefits of renewable energy and
         the use of alternative fuel;
 8  
    -    Designates the Austin Dewey Gay Agricultural Inspection
 9       station in Escambia County; and

10  -    Provides an appropriation of $5,500,000 from the General
         Revenue Fund to the Department of Agriculture and
11       consumer Services to implement the Farms to Fuel Grant
         Program.
12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  18

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