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 the Department of Agriculture and |
8 | Consumer Services; amending s. 403.067, F.S.; clarifying |
9 | rulemaking authority relating to pollution reduction; |
10 | granting presumption of compliance with water quality |
11 | standards for certain research; releasing certain research |
12 | from penalties relating to the discharge of pollutants; |
13 | amending s. 482.021, F.S.; revising the definitions of the |
14 | terms "employee" and "independent contractor" for purposes |
15 | of pest control regulation; amending s. 482.051, F.S.; |
16 | revising certain requirements of the department to adopt |
17 | rules relating to the use of pesticides for preventing |
18 | subterranean termites in new construction; amending s. |
19 | 482.091, F.S.; clarifying provisions governing the |
20 | performance of pest control services; amending s. 482.156, |
21 | F.S.; requiring certification of individual commercial |
22 | landscape maintenance personnel; revising the types of |
23 | materials such personnel may use; removing obsolete |
24 | provisions relating to fees; revising requirements |
25 | relating to proof of education and insurance; revising the |
26 | amount of required continuing education; removing a |
27 | requirement for certain business experience; amending s. |
28 | 482.211, F.S.; clarifying exemption of certain mosquito |
29 | control activities from regulation; amending s. 500.033, |
30 | F.S.; renaming the Florida Food Safety and Food Security |
31 | Advisory Council as the Florida Food Safety and Food |
32 | Defense Advisory Council and revising duties accordingly; |
33 | amending s. 500.12, F.S.; providing an exemption from |
34 | certain food inspections by the department; creating s. |
35 | 570.954, F.S.; authorizing the department, in consultation |
36 | with the state energy office within the Department of |
37 | Environmental Protection, to develop a farm-to-fuel |
38 | initiative; providing purposes of the initiative; |
39 | providing for a statewide information and education |
40 | program; amending s. 582.06, F.S.; revising the membership |
41 | of the Soil and Water Conservation Council; amending s. |
42 | 810.09, F.S.; providing criminal penalties for trespassing |
43 | on certain property; requiring warning signage; amending |
44 | s. 810.011, F.S.; defining "agricultural chemicals |
45 | manufacturing facility"; amending s. 828.30, F.S.; |
46 | updating references to the Rabies Vaccination Certificate; |
47 | designating the Austin Dewey Gay Memorial Agricultural |
48 | Inspection Station in Escambia County; directing the |
49 | department to erect suitable markers; repealing s. |
50 | 482.211(11), F.S.; removing an exemption from ch 482, |
51 | F.S., for a yard worker when applying pesticide to the |
52 | lawn or ornamental plants of an individual residential |
53 | property owner under certain circumstances; providing an |
54 | effective date. |
55 |
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56 | Be It Enacted by the Legislature of the State of Florida: |
57 |
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58 | Section 1. Paragraph (c) of subsection (7) and paragraph |
59 | (b) of subsection (11) of section 403.067, Florida Statutes, are |
60 | amended to read: |
61 | 403.067 Establishment and implementation of total maximum |
62 | daily loads.-- |
63 | (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND |
64 | IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.-- |
65 | (c) Best management practices.-- |
66 | 1. The department, in cooperation with the water |
67 | management districts and other interested parties, as |
68 | appropriate, may develop suitable interim measures, best |
69 | management practices, or other measures necessary to achieve the |
70 | level of pollution reduction established by the department for |
71 | nonagricultural nonpoint pollutant sources in allocations |
72 | developed pursuant to subsection (6) and this subsection. These |
73 | practices and measures may be adopted by rule by the department |
74 | and the water management districts pursuant to ss. 120.536(1) |
75 | and 120.54, and, where adopted by rule, shall be implemented by |
76 | those parties responsible for nonagricultural nonpoint source |
77 | pollution. |
78 | 2. The Department of Agriculture and Consumer Services may |
79 | develop and adopt by rule pursuant to ss. 120.536(1) and 120.54 |
80 | suitable interim measures, best management practices, or other |
81 | measures necessary to achieve the level of pollution reduction |
82 | established by the department for agricultural pollutant sources |
83 | in allocations developed pursuant to subsection (6) and this |
84 | subsection or for programs implemented pursuant to paragraph |
85 | (11)(b). These practices and measures may be implemented by |
86 | those parties responsible for agricultural pollutant sources and |
87 | the department, the water management districts, and the |
88 | Department of Agriculture and Consumer Services shall assist |
89 | with implementation. In the process of developing and adopting |
90 | rules for interim measures, best management practices, or other |
91 | measures, the Department of Agriculture and Consumer Services |
92 | shall consult with the department, the Department of Health, the |
93 | water management districts, representatives from affected |
94 | farming groups, and environmental group representatives. Such |
95 | rules shall also incorporate provisions for a notice of intent |
96 | to implement the practices and a system to assure the |
97 | implementation of the practices, including recordkeeping |
98 | requirements. |
99 | 3. Where interim measures, best management practices, or |
100 | other measures are adopted by rule, the effectiveness of such |
101 | practices in achieving the levels of pollution reduction |
102 | established in allocations developed by the department pursuant |
103 | to subsection (6) and this subsection or in programs implemented |
104 | pursuant to paragraph (11)(b) shall be verified at |
105 | representative sites by the department. The department shall use |
106 | best professional judgment in making the initial verification |
107 | that the best management practices are reasonably expected to be |
108 | effective and, where applicable, shall notify the appropriate |
109 | water management district or and the Department of Agriculture |
110 | and Consumer Services of its initial verification prior to the |
111 | adoption of a rule proposed pursuant to this paragraph. |
112 | Implementation, in accordance with rules adopted under this |
113 | paragraph, of practices that have been initially verified to be |
114 | effective, or verified to be effective by monitoring at |
115 | representative sites, by the department, shall provide a |
116 | presumption of compliance with state water quality standards and |
117 | release from the provisions of s. 376.307(5) for those |
118 | pollutants addressed by the practices, and the department is not |
119 | authorized to institute proceedings against the owner of the |
120 | source of pollution to recover costs or damages associated with |
121 | the contamination of surface water or groundwater caused by |
122 | those pollutants. Research funded by the department, a water |
123 | management district, or the Department of Agriculture and |
124 | Consumer Services to develop or demonstrate interim measures or |
125 | best management practices is granted a presumption of compliance |
126 | with state water quality standards and release from the |
127 | provisions of s. 376.307(5), which are limited to the research |
128 | site for those pollutants addressed by the practices. |
129 | 4. Where water quality problems are demonstrated, despite |
130 | the appropriate implementation, operation, and maintenance of |
131 | best management practices and other measures according to rules |
132 | adopted under this paragraph, the department, a water management |
133 | district, or the Department of Agriculture and Consumer |
134 | Services, in consultation with the department, shall institute a |
135 | reevaluation of the best management practice or other measure. |
136 | Should the reevaluation determine that the best management |
137 | practice or other measure requires modification, the department, |
138 | a water management district, or the Department of Agriculture |
139 | and Consumer Services, as appropriate, shall revise the rule to |
140 | require implementation of the modified practice within a |
141 | reasonable time period as specified in the rule. |
142 | 5. Individual agricultural records relating to processes |
143 | or methods of production, or relating to costs of production, |
144 | profits, or other financial information which are otherwise not |
145 | public records, which are reported to the Department of |
146 | Agriculture and Consumer Services pursuant to subparagraphs 3. |
147 | and 4. or pursuant to any rule adopted pursuant to subparagraph |
148 | 2. shall be confidential and exempt from s. 119.07(1) and s. |
149 | 24(a), Art. I of the State Constitution. Upon request of the |
150 | department or any water management district, the Department of |
151 | Agriculture and Consumer Services shall make such individual |
152 | agricultural records available to that agency, provided that the |
153 | confidentiality specified by this subparagraph for such records |
154 | is maintained. This subparagraph is subject to the Open |
155 | Government Sunset Review Act of 1995 in accordance with s. |
156 | 119.15, and shall stand repealed on October 2, 2006, unless |
157 | reviewed and saved from repeal through reenactment by the |
158 | Legislature. |
159 | 6. The provisions of subparagraphs 1. and 2. shall not |
160 | preclude the department or water management district from |
161 | requiring compliance with water quality standards or with |
162 | current best management practice requirements set forth in any |
163 | applicable regulatory program authorized by law for the purpose |
164 | of protecting water quality. Additionally, subparagraphs 1. and |
165 | 2. are applicable only to the extent that they do not conflict |
166 | with any rules adopted by the department that are necessary to |
167 | maintain a federally delegated or approved program. |
168 | (11) IMPLEMENTATION OF ADDITIONAL PROGRAMS.-- |
169 | (b) Interim measures, best management practices, or other |
170 | measures may be developed and voluntarily implemented pursuant |
171 | to paragraph subparagraphs (7)(c)1. and 2. for any water body or |
172 | segment for which a total maximum daily load or allocation has |
173 | not been established. The implementation of such pollution |
174 | control programs may be considered by the department in the |
175 | determination made pursuant to subsection (4). |
176 | Section 2. Subsections (7) and (12) of section 482.021, |
177 | Florida Statutes, are amended to read: |
178 | 482.021 Definitions.--For the purposes of this chapter, |
179 | and unless otherwise required by the context, the term: |
180 | (7) "Employee" means a person who is employed by a |
181 | licensee that provides that person with necessary training, |
182 | supervision, pesticides, equipment, and insurance and who |
183 | receives compensation from and is under the personal supervision |
184 | and direct control of the licensee's certified operator in |
185 | charge and licensee from whose which compensation of the |
186 | licensee regularly deducts and matches federal insurance |
187 | contributions and federal income and Social Security taxes. |
188 | (12) "Independent contractor" means an entity separate |
189 | from the licensee that: |
190 | (a) Receives moneys from a customer which are deposited in |
191 | a bank account other than that of the licensee; |
192 | (b) Owns or supplies its own service vehicle, equipment, |
193 | and pesticides; or |
194 | (c) Maintains a business operation, office, or support |
195 | staff independent of the licensee's direct control; |
196 | (d) Pays its own operating expenses such as fuel, |
197 | equipment, pesticides, and materials; or |
198 | (e)(c) Pays its own workers' worker's compensation as an |
199 | independent contractor. |
200 | Section 3. Subsection (5) of section 482.051, Florida |
201 | Statutes, is amended to read: |
202 | 482.051 Rules.--The department has authority to adopt |
203 | rules pursuant to ss. 120.536(1) and 120.54 to implement the |
204 | provisions of this chapter. Prior to proposing the adoption of a |
205 | rule, the department shall counsel with members of the pest |
206 | control industry concerning the proposed rule. The department |
207 | shall adopt rules for the protection of the health, safety, and |
208 | welfare of pest control employees and the general public which |
209 | require: |
210 | (5) That any pesticide used as the primary preventive |
211 | treatment for preconstruction treatments for the prevention of |
212 | subterranean termites in new construction be applied in the |
213 | amount, concentration, and treatment area in accordance with the |
214 | label; that a copy of the label of the registered pesticide |
215 | being applied be carried in a vehicle at the site where the |
216 | pesticide is being applied; and that the licensee maintain for 3 |
217 | years the record of each preconstruction treatment, indicating |
218 | the date of treatment, the location or address of the property |
219 | treated, the total square footage of the structure treated, the |
220 | type of pesticide applied, the concentration of each substance |
221 | in the mixture applied, and the total amount of pesticide |
222 | applied. |
223 | Section 4. Paragraph (a) of subsection (2) of section |
224 | 482.091, Florida Statutes, is amended to read: |
225 | 482.091 Employee identification cards.-- |
226 | (2)(a) An identification cardholder must be an employee of |
227 | the licensee and work under the direction and supervision of the |
228 | licensee's certified operator in charge and shall may not be an |
229 | independent contractor. An identification cardholder shall |
230 | operate may perform only pest control services out of, and or |
231 | for customers assigned arising from, the licensee's licensed |
232 | business location. An identification cardholder shall may not |
233 | perform any pest control independently of and without the |
234 | knowledge of the licensee and the licensee's certified operator |
235 | in charge and shall may perform pest control only for the |
236 | licensee's customers. |
237 | Section 5. Subsections (1), (2), and (3) of section |
238 | 482.156, Florida Statutes, are amended to read: |
239 | 482.156 Limited certification for commercial landscape |
240 | maintenance personnel.-- |
241 | (1) The department shall establish a limited certification |
242 | category for individual commercial landscape maintenance |
243 | personnel to authorize them to apply herbicides for controlling |
244 | weeds in plant beds and to perform integrated pest management on |
245 | ornamental plants using the following materials: insecticides |
246 | and fungicides having the signal word "caution" but not having |
247 | the word "warning" or "danger" on the label, insecticidal soaps, |
248 | horticultural oils, and bacillus thuringiensis formulations. The |
249 | application equipment that may be used by a person certified |
250 | pursuant to this section is limited to portable, handheld 3- |
251 | gallon compressed air sprayers or backpack sprayers having no |
252 | more than a 5-gallon capacity and does not include power |
253 | equipment. |
254 | (2)(a) A person seeking limited certification under this |
255 | section must pass an examination given by the department. Each |
256 | application for examination must be accompanied by an |
257 | examination fee set by rule of the department, in an amount of |
258 | not more than $150 or less than $50; however, until a rule |
259 | setting this fee is adopted by the department, the examination |
260 | fee is $50. Prior to the department's issuing a limited |
261 | certification under this section, each person applying making |
262 | application for the certification under this section must |
263 | furnish proof of having a certificate of insurance which states |
264 | that the employer meets the requirements for minimum financial |
265 | responsibility for bodily injury and property damage required by |
266 | s. 482.071(4). |
267 | (b) To be eligible to take the examination, an applicant |
268 | must have completed 6 8 classroom hours of plant bed and |
269 | ornamental continuing education training approved by the |
270 | department and provide sufficient proof, according to criteria |
271 | established by department rule, of having successfully completed |
272 | the continuing education training that the applicant has been in |
273 | the landscape maintenance business for at least 3 years. |
274 | (b) The department shall provide the appropriate reference |
275 | materials for the examination and make the examination readily |
276 | accessible and available to applicants at least quarterly or as |
277 | necessary in each county. |
278 | (3) An application for recertification under this section |
279 | must be made annually and be accompanied by a recertification |
280 | fee set by rule of the department, in an amount of not more than |
281 | $75 or less than $25; however, until a rule setting this fee is |
282 | adopted by the department, the fee for recertification is $25. |
283 | The application must also be accompanied by proof of having |
284 | completed 4 classroom hours of acceptable continuing education |
285 | and the same proof of having a certificate of insurance as is |
286 | required for issuance of this initial certification. After a |
287 | grace period not exceeding 30 calendar days following the annual |
288 | date that recertification is due, a late renewal charge of $50 |
289 | shall be assessed and must be paid in addition to the renewal |
290 | fee. Unless timely recertified, a certificate automatically |
291 | expires 180 calendar days after the anniversary recertification |
292 | date. Subsequent to such expiration, a certificate may be issued |
293 | only upon successful reexamination and upon payment of the |
294 | examination fees due. |
295 | Section 6. Subsection (7) of section 482.211, Florida |
296 | Statutes, is amended to read: |
297 | 482.211 Exemptions.--This chapter does not apply to: |
298 | (7) Area Mosquito control activities conducted by a local |
299 | government or district established under chapter 388, by special |
300 | act, or by a contractor of the local government or district. |
301 | Section 7. Section 500.033, Florida Statutes, is amended |
302 | to read: |
303 | 500.033 Florida Food Safety and Food Defense Security |
304 | Advisory Council.-- |
305 | (1) There is created the Florida Food Safety and Food |
306 | Defense Security Advisory Council for the purpose of serving as |
307 | a forum for presenting, investigating, and evaluating issues of |
308 | current importance to the assurance of a safe and secure food |
309 | supply to the citizens of Florida. The Florida Food Safety and |
310 | Food Defense Security Advisory Council shall consist of, but not |
311 | be limited to: the Commissioner of Agriculture or his or her |
312 | designee; the Secretary of Health or his or her designee; the |
313 | Secretary of Business and Professional Regulation or his or her |
314 | designee; the person responsible for domestic security with the |
315 | Florida Department of Law Enforcement; members representing the |
316 | production, processing, distribution, and sale of foods; |
317 | consumers or and/or members of citizens groups; representatives |
318 | of or food industry groups; scientists or other experts in |
319 | aspects of food safety from state universities; representatives |
320 | from local, state, and federal agencies that are charged with |
321 | responsibilities for food safety or food defense security; the |
322 | chairs of the Agriculture Committees of the Senate and the House |
323 | of Representatives or their designees; and the chairs of the |
324 | committees of the Senate and the House of Representatives with |
325 | jurisdictional oversight of home defense issues or their |
326 | designees. The Commissioner of Agriculture shall appoint the |
327 | remaining members. The council shall make periodic reports to |
328 | the Department of Agriculture and Consumer Services concerning |
329 | findings and recommendations in the area of food safety and food |
330 | defense security. |
331 | (2) The council shall consider the development of |
332 | appropriate advice or recommendations on food safety or food |
333 | defense security issues. In the discharge of their duties, the |
334 | council members may receive for review confidential data exempt |
335 | from the provisions of s. 119.07(1); however, it is unlawful for |
336 | any member of the council to use the data for his or her |
337 | advantage or reveal the data to the general public. |
338 | Section 8. Paragraph (a) of subsection (1) of section |
339 | 500.12, Florida Statutes, is amended to read: |
340 | 500.12 Food permits; building permits.-- |
341 | (1)(a) A food permit from the department is required of |
342 | any person who operates a food establishment or retail food |
343 | store, except: |
344 | 1. Persons operating minor food outlets, including, but |
345 | not limited to, video stores, that sell commercially |
346 | prepackaged, nonpotentially hazardous candy, chewing gum, soda, |
347 | or popcorn, provided the shelf space for those items does not |
348 | exceed 12 linear feet and no other food is sold by the minor |
349 | food outlet. |
350 | 2. Persons subject to continuous, onsite federal or state |
351 | inspection. |
352 | 3. Persons selling only legumes in the shell, either |
353 | parched, roasted, or boiled. |
354 | 4. Persons producing and selling in the state 100-percent |
355 | Florida sugar cane syrup directly to the consumer or at a |
356 | roadside stand, farmers' market, or similar location, provided |
357 | each container or bottle of syrup is labeled and the label |
358 | states the producer's name and address, the product type, and |
359 | the net weight or volume of the product and includes the |
360 | statement: "This product has not been produced in a facility |
361 | inspected and permitted by the Florida Department of Agriculture |
362 | and Consumer Services." |
363 | Section 9. Section 570.954, Florida Statutes, is created |
364 | to read: |
365 | 570.954 Farm-to-fuel initiative.-- |
366 | (1) The department may develop a farm-to-fuel initiative |
367 | to enhance the market for and promote the production and |
368 | distribution of renewable energy from Florida-grown crops, |
369 | agricultural wastes and residues, and other biomass and to |
370 | enhance the value of agricultural products or expand |
371 | agribusiness in the state. |
372 | (2) The department may conduct a statewide comprehensive |
373 | information and education program aimed at educating the general |
374 | public about the benefits of renewable energy and the use of |
375 | alternative fuels. |
376 | (3) The department shall coordinate with and solicit the |
377 | expertise of the state energy office within the Department of |
378 | Environmental Protection when developing and implementing this |
379 | initiative. |
380 | Section 10. Paragraphs (b) and (c) of subsection (1) of |
381 | section 582.06, Florida Statutes, are amended to read: |
382 | 582.06 Soil and Water Conservation Council; powers and |
383 | duties.-- |
384 | (1) COMPOSITION.--The Soil and Water Conservation Council |
385 | is created in the Department of Agriculture and Consumer |
386 | Services and shall be composed of 23 members as follows: |
387 | (b) Twelve nonvoting ex officio members shall include one |
388 | representative each from the Department of Environmental |
389 | Protection, the five water management districts, the Institute |
390 | of Food and Agricultural Sciences at the University of Florida, |
391 | the United States Department of Agriculture Natural Resources |
392 | Conservation Service, the Florida Association of Counties, and |
393 | the Florida League of Cities, and two representatives of |
394 | environmental interests. |
395 | (c) All members shall be appointed by the commissioner. Ex |
396 | officio Members appointed pursuant to paragraph (b) shall be |
397 | appointed by the commissioner from recommendations provided by |
398 | the organization or interest represented. |
399 | Section 11. Paragraph (h) is added to subsection (2) of |
400 | section 810.09, Florida Statutes, to read: |
401 | 810.09 Trespass on property other than structure or |
402 | conveyance.-- |
403 | (2) |
404 | (h) The offender commits a felony of the third degree, |
405 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084, |
406 | if the property trespassed upon is an agricultural chemicals |
407 | manufacturing facility that is legally posted and identified in |
408 | substantially the following manner: "THIS AREA IS A DESIGNATED |
409 | AGRICULTURAL CHEMICALS MANUFACTURING FACILITY, AND ANYONE WHO |
410 | TRESPASSES ON THIS PROPERTY COMMITS A FELONY." |
411 | Section 12. Subsection (12) is added to section 810.011, |
412 | Florida Statutes, to read: |
413 | 810.011 Definitions.--As used in this chapter: |
414 | (12) "Agricultural chemicals manufacturing facility" means |
415 | any facility, and any properties or structures associated with |
416 | the facility, used for the manufacture, processing, or storage |
417 | of agricultural chemicals classified in Industry Group 287 |
418 | contained in the Standard Industrial Classification Manual, |
419 | 1987, as published by the Office of Management and Budget, |
420 | Executive Office of the President. |
421 | Section 13. Subsection (3) of section 828.30, Florida |
422 | Statutes, is amended to read: |
423 | 828.30 Rabies vaccination of dogs, cats, and ferrets.-- |
424 | (3) Upon vaccination against rabies, the licensed |
425 | veterinarian shall provide the animal's owner and the animal |
426 | control authority with a rabies vaccination certificate. Each |
427 | animal control authority and veterinarian shall use the Form 51, |
428 | "Rabies Vaccination Certificate," of the National Association of |
429 | State Public Health Veterinarians (NASPHV) or an equivalent form |
430 | approved by the local government that contains all the |
431 | information required by the NASPHV Rabies Vaccination |
432 | Certificate Form 51. The veterinarian who administers the rabies |
433 | vaccine to an animal as required under this section may affix |
434 | his or her signature stamp in lieu of an actual signature. |
435 | Section 14. Austin Dewey Gay Memorial Agricultural |
436 | Inspection Station designated; Department of Agriculture and |
437 | Consumer Services to erect suitable markers.-- |
438 | (1) The agricultural inspection station located at or near |
439 | mile marker 1 on Interstate Highway 10 in Escambia County is |
440 | designated as the "Austin Dewey Gay Memorial Agricultural |
441 | Inspection Station." |
442 | (2) The Department of Agriculture and Consumer Services is |
443 | directed to erect suitable markers designating the Austin Dewey |
444 | Gay Memorial Agricultural Inspection Station as described in |
445 | subsection (1). |
446 | Section 15. Subsection (11) of section 482.211, Florida |
447 | Statutes, is repealed. |
448 | Section 16. This act shall take effect July 1, 2006. |