HB 7075

1	A bill to be entitled
2	An act relating to the Department of Agriculture and
3	Consumer Services; amending s. 482.021, F.S.; revising the
4	definitions of the terms "employee" and "independent
5	contractor" for purposes of pest control regulation;
6	amending s. 482.051, F.S.; revising certain requirements
7	of the department to adopt rules relating to the use of
8	pesticides for preventing subterranean termites in new
9	construction; amending s. 482.091, F.S.; clarifying
10	provisions governing the performance of pest control
11	services; amending s. 482.156, F.S.; requiring
12	certification of individual commercial landscape
13	maintenance personnel; revising the types of materials
14	such personnel may use; removing obsolete provisions
15	relating to fees; clarifying requirements relating to
16	proof of education and insurance; amending s. 482.211,
17	F.S.; clarifying exemption of certain mosquito control
18	activities from regulation; amending s. 500.033, F.S.;
19	renaming the Florida Food Safety and Food Security
20	Advisory Council as the Florida Food Safety and Food
21	Defense Advisory Council and revising duties accordingly;
22	creating s. 570.954, F.S.; providing a short title;
23	providing legislative findings; providing purposes;
24	providing definitions; establishing the Farm to Fuel
25	Grants Program; providing criteria for distribution of
26	grants; authorizing appointment of an advisory council;
27	providing purposes; providing membership; authorizing the
28	department to adopt rules; creating s. 220.192, F.S.;
29	providing certain tax credits for certain producers of
30	ethanol and biodiesel; authorizing the Department of
31	Revenue to adopt certain rules relating to the tax
32	credits; providing for future repeal of the tax credits;
33	amending s. 582.06, F.S.; revising the membership of the
34	Soil and Water Conservation Council; amending s. 828.30,
35	F.S.; updating references to the Rabies Vaccination
36	Certificate; providing an effective date.
37
38	Be It Enacted by the Legislature of the State of Florida:
39
40	Section 1.  Subsections (7) and (12) of section 482.021,
41	Florida Statutes, are amended to read:
42	482.021  Definitions.--For the purposes of this chapter,
43	and unless otherwise required by the context, the term:
44	(7)  "Employee" means a person who is employed by a
45	licensee that provides that person with necessary training,
46	supervision, pesticides, equipment, and insurance and who
47	receives compensation from and is under the personal supervision
48	and direct control of the licensee's certified operator in
49	charge and licensee from whose which compensation of the
50	licensee regularly deducts and matches federal insurance
51	contributions and federal income and Social Security taxes.
52	(12)  "Independent contractor" means an entity separate
53	from the licensee that:
54	(a)  Receives moneys from a customer which are deposited in
55	a bank account other than that of the licensee;
56	(b)  Owns or supplies its own service vehicle, equipment,
57	and pesticides; or
58	(c)  Maintains a business operation, office, or support
59	staff independent of the licensee's direct control;
60	(d)  Pays its own operating expenses such as fuel,
61	equipment, pesticides, and materials; or
62	(e)(c)  Pays its own workers' worker's compensation as an
63	independent contractor.
64	Section 2.  Subsection (5) of section 482.051, Florida
65	Statutes, is amended to read:
66	482.051  Rules.--The department has authority to adopt
67	rules pursuant to ss. 120.536(1) and 120.54 to implement the
68	provisions of this chapter. Prior to proposing the adoption of a
69	rule, the department shall counsel with members of the pest
70	control industry concerning the proposed rule. The department
71	shall adopt rules for the protection of the health, safety, and
72	welfare of pest control employees and the general public which
73	require:
74	(5)  That any pesticide used as the primary preventive
75	treatment for preconstruction treatments for the prevention of
76	subterranean termites in new construction be applied in the
77	amount, concentration, and treatment area in accordance with the
78	label; that a copy of the label of the registered pesticide
79	being applied be carried in a vehicle at the site where the
80	pesticide is being applied; and that the licensee maintain for 3
81	years the record of each preconstruction treatment, indicating
82	the date of treatment, the location or address of the property
83	treated, the total square footage of the structure treated, the
84	type of pesticide applied, the concentration of each substance
85	in the mixture applied, and the total amount of pesticide
86	applied.
87	Section 3.  Paragraph (a) of subsection (2) of section
88	482.091, Florida Statutes, is amended to read:
89	482.091  Employee identification cards.--
90	(2)(a)  An identification cardholder must be an employee of
91	the licensee and work under the direction and supervision of the
92	licensee's certified operator in charge and shall may not be an
93	independent contractor. An identification cardholder shall
94	operate may perform only pest control services out of, and or
95	for customers assigned arising from, the licensee's licensed
96	business location. An identification cardholder shall may not
97	perform any pest control independently of and without the
98	knowledge of the licensee and the licensee's certified operator
99	in charge and shall may perform pest control only for the
100	licensee's customers.
101	Section 4.  Subsections (1), (2), and (3) of section
102	482.156, Florida Statutes, are amended to read:
103	482.156  Limited certification for commercial landscape
104	maintenance personnel.--
105	(1)  The department shall establish a limited certification
106	category for individual commercial landscape maintenance
107	personnel to authorize them to apply herbicides for controlling
108	weeds in plant beds and to perform integrated pest management on
109	ornamental plants using the following materials: insecticides
110	and fungicides having the signal word "caution" but not having
111	the word "warning" or "danger" on the label, insecticidal soaps,
112	horticultural oils, and bacillus thuringiensis formulations. The
113	application equipment that may be used by a person certified
114	pursuant to this section is limited to portable, handheld 3-
115	gallon compressed air sprayers or backpack sprayers having no
116	more than a 5-gallon capacity and does not include power
117	equipment.
118	(2)(a)  A person seeking limited certification under this
119	section must pass an examination given by the department. Each
120	application for examination must be accompanied by an
121	examination fee set by rule of the department, in an amount of
122	not more than $150 or less than $50; however, until a rule
123	setting this fee is adopted by the department, the examination
124	fee is $50. Prior to the department's issuing a limited
125	certification under this section, each person applying making
126	application for the certification under this section must
127	furnish proof of having a certificate of insurance which states
128	that the employer meets the requirements for minimum financial
129	responsibility for bodily injury and property damage required by
130	s. 482.071(4).
131	(b)  To be eligible to take the examination, an applicant
132	must have completed 8 classroom hours of plant bed and
133	ornamental continuing education training approved by the
134	department and provide sufficient proof, according to criteria
135	established by department rule, that the applicant has been in
136	the landscape maintenance business for at least 3 years.
137	(b)  The department shall provide the appropriate reference
138	materials for the examination and make the examination readily
139	accessible and available to applicants at least quarterly or as
140	necessary in each county.
141	(3)  An application for recertification under this section
142	must be made annually and be accompanied by a recertification
143	fee set by rule of the department, in an amount of not more than
144	$75 or less than $25; however, until a rule setting this fee is
145	adopted by the department, the fee for recertification is $25.
146	The application must also be accompanied by proof of having
147	completed 4 classroom hours of acceptable continuing education
148	and the same proof of having a certificate of insurance as is
149	required for issuance of this initial certification. After a
150	grace period not exceeding 30 calendar days following the annual
151	date that recertification is due, a late renewal charge of $50
152	shall be assessed and must be paid in addition to the renewal
153	fee. Unless timely recertified, a certificate automatically
154	expires 180 calendar days after the anniversary recertification
155	date. Subsequent to such expiration, a certificate may be issued
156	only upon successful reexamination and upon payment of the
157	examination fees due.
158	Section 5.  Subsection (7) of section 482.211, Florida
159	Statutes, is amended to read:
160	482.211  Exemptions.--This chapter does not apply to:
161	(7)  Area Mosquito control activities conducted by a local
162	government or district established under chapter 388 or by a
163	contractor of the local government or district.
164	Section 6.  Section 500.033, Florida Statutes, is amended
165	to read:
166	500.033  Florida Food Safety and Food Defense Security
167	Advisory Council.--
168	(1)  There is created the Florida Food Safety and Food
169	Defense Security Advisory Council for the purpose of serving as
170	a forum for presenting, investigating, and evaluating issues of
171	current importance to the assurance of a safe and secure food
172	supply to the citizens of Florida. The Florida Food Safety and
173	Food Defense Security Advisory Council shall consist of, but not
174	be limited to: the Commissioner of Agriculture or his or her
175	designee; the Secretary of Health or his or her designee; the
176	Secretary of Business and Professional Regulation or his or her
177	designee; the person responsible for domestic security with the
178	Florida Department of Law Enforcement; members representing the
179	production, processing, distribution, and sale of foods;
180	consumers or and/or members of citizens groups; representatives
181	of or food industry groups; scientists or other experts in
182	aspects of food safety from state universities; representatives
183	from local, state, and federal agencies that are charged with
184	responsibilities for food safety or food defense security; the
185	chairs of the Agriculture Committees of the Senate and the House
186	of Representatives or their designees; and the chairs of the
187	committees of the Senate and the House of Representatives with
188	jurisdictional oversight of home defense issues or their
189	designees. The Commissioner of Agriculture shall appoint the
190	remaining members. The council shall make periodic reports to
191	the Department of Agriculture and Consumer Services concerning
192	findings and recommendations in the area of food safety and food
193	defense security.
194	(2)  The council shall consider the development of
195	appropriate advice or recommendations on food safety or food
196	defense security issues. In the discharge of their duties, the
197	council members may receive for review confidential data exempt
198	from the provisions of s. 119.07(1); however, it is unlawful for
199	any member of the council to use the data for his or her
200	advantage or reveal the data to the general public.
201	Section 7.  Section 570.954, Florida Statutes, is created
202	to read:
203	570.954  Farm to fuel.--
204	(1)  This section may be cited as the "Florida Farm to Fuel
205	Act."
206	(2)  The Legislature finds that:
207	(a)  Utilization of Florida crops and biomass for
208	production of bioenergy is important for the state's future
209	energy stability, protection of its environment, and continued
210	viability of its agriculture industry.
211	(b)  Development of bioenergy will help to reduce demand
212	for foreign fuels, reduce pollution, and promote economic
213	growth.
214	(c)  Assistance in the production and distribution of
215	bioenergy in the state is needed.
216	(d)  Production of bioenergy in the state is ideal due to
217	the state's vast amount of farm acreage and mild climate, which
218	permit crops to be grown virtually year round, and the
219	availability of other biomass.
220	(3)  This section is intended to provide grants to:
221	(a)  Stimulate capital investment in the state and enhance
222	the market for and promote the production and distribution of
223	bioenergy.
224	(b)  Advance the already growing establishment of bioenergy
225	technologies in the state and attract additional bioenergy
226	production to the state.
227	(c)  Demonstrate technologies or processes that convert
228	Florida-grown crops, agricultural wastes and residues, and other
229	biomass into bioenergy.
230	(4)  As used in this section, the term:
231	(a)  "Biomass" means a power source that is comprised of,
232	but not limited to, combustible residues or gases from forest
233	products manufacturing, agricultural and orchard crops, waste
234	products from livestock and poultry operations and food
235	processing, urban wood waste, municipal solid waste, municipal
236	liquid waste treatment operations, and landfills.
237	(b)  "Department" means the Department of Agriculture and
238	Consumer Services.
239	(c)  "Person" means an individual, partnership, joint
240	venture, private or public corporation, association, firm,
241	public service company, or any other entity, public or private,
242	however organized.
243	(5)  The Farm to Fuel Grants Program is established within
244	the department to provide grants for research, development, and
245	demonstration of commercial applications of bioenergy
246	technology.
247	(a)  Grants made under this section for bioenergy projects
248	may be made to any person who meets the criteria in this
249	section.
250	(b)  Factors the department may consider in awarding grants
251	include, but are not limited to, the degree to which:
252	1.  The project stimulates in-state capital investment and
253	economic development in metropolitan and rural areas, including
254	the creation of jobs and the future development of a commercial
255	market for bioenergy.
256	2.  The project produces bioenergy from Florida-grown crops
257	or biomass.
258	3.  The project demonstrates efficient use of energy and
259	material resources.
260	4.  The project fosters overall understanding and
261	appreciation of bioenergy technologies.
262	5.  Matching funds and in-kind contributions from an
263	applicant are available.
264	6.  The project duration and the timeline for expenditures
265	are acceptable.
266	7.  The project has a reasonable assurance of enhancing the
267	value of agricultural products or will expand agribusiness in
268	the state.
269	8.  Preliminary market and feasibility research has been
270	conducted by the applicant or others and shows there is a
271	reasonable assurance of a potential market.
272	(6)  Pursuant to s. 570.0705, the Commissioner of
273	Agriculture and Consumer Services may appoint a Florida Farm to
274	Fuel Advisory Council consisting of a diverse group of
275	stakeholders that includes, but is not limited to,
276	representatives of the agriculture industry, researchers, fuel
277	suppliers, technology manufacturers, and environmental
278	interests. The council shall provide advice and counsel to the
279	Commissioner of Agriculture and Consumer Services on the
280	production of bioenergy in the state.
281	(7)  The department may adopt rules pursuant to ss.
282	120.536(1) and 120.54 to implement the provisions of this
283	section.
284	Section 8.  Section 220.192, Florida Statutes, is created
285	to read:
286	220.192  Farm to fuel production tax credit.--
287	(1)  For tax years beginning on or after January 1, 2007, a
288	credit against the tax imposed under this chapter shall be
289	granted in an amount to be determined as follows:
290	(a)  A taxpayer who produces ethanol at a facility located
291	in this state is entitled to a credit against the taxpayer's
292	state tax liability equal to the product of 20 cents multiplied
293	by the number of gallons of ethanol produced at the facility
294	using Florida-grown commodities.
295	(b)  A taxpayer who produces biodiesel at a facility
296	located in this state is entitled to a credit against the
297	taxpayer's state tax liability equal to the product of 20 cents
298	multiplied by the number of gallons of biodiesel produced at the
299	facility using Florida-grown commodities.
300	(2)  The department shall adopt rules relating to the forms
301	required to claim a tax credit under this section, the
302	requirements and basis for establishing an entitlement to a
303	credit, and the examination and audit procedures required to
304	administer this section.
305	(3)  This section is repealed July 1, 2010.
306	Section 9.  Paragraphs (b) and (c) of subsection (1) of
307	section 582.06, Florida Statutes, are amended to read:
308	582.06  Soil and Water Conservation Council; powers and
309	duties.--
310	(1)  COMPOSITION.--The Soil and Water Conservation Council
311	is created in the Department of Agriculture and Consumer
312	Services and shall be composed of 23 members as follows:
313	(b)  Twelve nonvoting ex officio members shall include one
314	representative each from the Department of Environmental
315	Protection, the five water management districts, the Institute
316	of Food and Agricultural Sciences at the University of Florida,
317	the United States Department of Agriculture Natural Resources
318	Conservation Service, the Florida Association of Counties, and
319	the Florida League of Cities, and two representatives of
320	environmental interests.
321	(c)  All members shall be appointed by the commissioner. Ex
322	officio Members appointed pursuant to paragraph (b) shall be
323	appointed by the commissioner from recommendations provided by
324	the organization or interest represented.
325	Section 10.  Subsection (3) of section 828.30, Florida
326	Statutes, is amended to read:
327	828.30  Rabies vaccination of dogs, cats, and ferrets.--
328	(3)  Upon vaccination against rabies, the licensed
329	veterinarian shall provide the animal's owner and the animal
330	control authority with a rabies vaccination certificate. Each
331	animal control authority and veterinarian shall use the Form 51,
332	"Rabies Vaccination Certificate," of the National Association of
333	State Public Health Veterinarians (NASPHV) or an equivalent form
334	approved by the local government that contains all the
335	information required by the NASPHV Rabies Vaccination
336	Certificate Form 51. The veterinarian who administers the rabies
337	vaccine to an animal as required under this section may affix
338	his or her signature stamp in lieu of an actual signature.
339	Section 11.  This act shall take effect July 1, 2006.

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