HB 7075CS

CHAMBER ACTION




1The Agriculture & Environment Appropriations Committee
2recommends the following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to the Department of Agriculture and
8Consumer Services; amending s. 403.067, F.S.; clarifying
9rulemaking authority relating to pollution reduction;
10granting presumption of compliance with water quality
11standards for certain research; releasing certain research
12from penalties relating to the discharge of pollutants;
13amending s. 482.021, F.S.; revising the definitions of the
14terms "employee" and "independent contractor" for purposes
15of pest control regulation; amending s. 482.051, F.S.;
16revising certain requirements of the department to adopt
17rules relating to the use of pesticides for preventing
18subterranean termites in new construction; amending s.
19482.091, F.S.; clarifying provisions governing the
20performance of pest control services; amending s. 482.156,
21F.S.; requiring certification of individual commercial
22landscape maintenance personnel; revising the types of
23materials such personnel may use; removing obsolete
24provisions relating to fees; revising requirements
25relating to proof of education and insurance; revising the
26amount of required continuing education; removing a
27requirement for certain business experience; amending s.
28482.211, F.S.; clarifying exemption of certain mosquito
29control activities from regulation; amending s. 500.033,
30F.S.; renaming the Florida Food Safety and Food Security
31Advisory Council as the Florida Food Safety and Food
32Defense Advisory Council and revising duties accordingly;
33amending s. 500.12, F.S.; providing an exemption from
34certain food inspections by the department; creating s.
35570.954, F.S.; authorizing the department, in consultation
36with the state energy office within the Department of
37Environmental Protection, to develop a farm-to-fuel
38initiative; providing purposes of the initiative;
39providing for a statewide information and education
40program; amending s. 582.06, F.S.; revising the membership
41of the Soil and Water Conservation Council; amending s.
42810.09, F.S.; providing criminal penalties for trespassing
43on certain property; requiring warning signage; amending
44s. 810.011, F.S.; defining "agricultural chemicals
45manufacturing facility"; amending s. 828.30, F.S.;
46updating references to the Rabies Vaccination Certificate;
47designating the Austin Dewey Gay Memorial Agricultural
48Inspection Station in Escambia County; directing the
49department to erect suitable markers; repealing s.
50482.211(11), F.S.; removing an exemption from ch 482,
51F.S., for a yard worker when applying pesticide to the
52lawn or ornamental plants of an individual residential
53property owner under certain circumstances; providing an
54effective date.
55
56Be It Enacted by the Legislature of the State of Florida:
57
58     Section 1.  Paragraph (c) of subsection (7) and paragraph
59(b) of subsection (11) of section 403.067, Florida Statutes, are
60amended to read:
61     403.067  Establishment and implementation of total maximum
62daily loads.--
63     (7)  DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
64IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--
65     (c)  Best management practices.--
66     1.  The department, in cooperation with the water
67management districts and other interested parties, as
68appropriate, may develop suitable interim measures, best
69management practices, or other measures necessary to achieve the
70level of pollution reduction established by the department for
71nonagricultural nonpoint pollutant sources in allocations
72developed pursuant to subsection (6) and this subsection. These
73practices and measures may be adopted by rule by the department
74and the water management districts pursuant to ss. 120.536(1)
75and 120.54, and, where adopted by rule, shall be implemented by
76those parties responsible for nonagricultural nonpoint source
77pollution.
78     2.  The Department of Agriculture and Consumer Services may
79develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
80suitable interim measures, best management practices, or other
81measures necessary to achieve the level of pollution reduction
82established by the department for agricultural pollutant sources
83in allocations developed pursuant to subsection (6) and this
84subsection or for programs implemented pursuant to paragraph
85(11)(b). These practices and measures may be implemented by
86those parties responsible for agricultural pollutant sources and
87the department, the water management districts, and the
88Department of Agriculture and Consumer Services shall assist
89with implementation. In the process of developing and adopting
90rules for interim measures, best management practices, or other
91measures, the Department of Agriculture and Consumer Services
92shall consult with the department, the Department of Health, the
93water management districts, representatives from affected
94farming groups, and environmental group representatives. Such
95rules shall also incorporate provisions for a notice of intent
96to implement the practices and a system to assure the
97implementation of the practices, including recordkeeping
98requirements.
99     3.  Where interim measures, best management practices, or
100other measures are adopted by rule, the effectiveness of such
101practices in achieving the levels of pollution reduction
102established in allocations developed by the department pursuant
103to subsection (6) and this subsection or in programs implemented
104pursuant to paragraph (11)(b) shall be verified at
105representative sites by the department. The department shall use
106best professional judgment in making the initial verification
107that the best management practices are reasonably expected to be
108effective and, where applicable, shall notify the appropriate
109water management district or and the Department of Agriculture
110and Consumer Services of its initial verification prior to the
111adoption of a rule proposed pursuant to this paragraph.
112Implementation, in accordance with rules adopted under this
113paragraph, of practices that have been initially verified to be
114effective, or verified to be effective by monitoring at
115representative sites, by the department, shall provide a
116presumption of compliance with state water quality standards and
117release from the provisions of s. 376.307(5) for those
118pollutants addressed by the practices, and the department is not
119authorized to institute proceedings against the owner of the
120source of pollution to recover costs or damages associated with
121the contamination of surface water or groundwater caused by
122those pollutants. Research funded by the department, a water
123management district, or the Department of Agriculture and
124Consumer Services to develop or demonstrate interim measures or
125best management practices is granted a presumption of compliance
126with state water quality standards and release from the
127provisions of s. 376.307(5), which are limited to the research
128site for those pollutants addressed by the practices.
129     4.  Where water quality problems are demonstrated, despite
130the appropriate implementation, operation, and maintenance of
131best management practices and other measures according to rules
132adopted under this paragraph, the department, a water management
133district, or the Department of Agriculture and Consumer
134Services, in consultation with the department, shall institute a
135reevaluation of the best management practice or other measure.
136Should the reevaluation determine that the best management
137practice or other measure requires modification, the department,
138a water management district, or the Department of Agriculture
139and Consumer Services, as appropriate, shall revise the rule to
140require implementation of the modified practice within a
141reasonable time period as specified in the rule.
142     5.  Individual agricultural records relating to processes
143or methods of production, or relating to costs of production,
144profits, or other financial information which are otherwise not
145public records, which are reported to the Department of
146Agriculture and Consumer Services pursuant to subparagraphs 3.
147and 4. or pursuant to any rule adopted pursuant to subparagraph
1482. shall be confidential and exempt from s. 119.07(1) and s.
14924(a), Art. I of the State Constitution. Upon request of the
150department or any water management district, the Department of
151Agriculture and Consumer Services shall make such individual
152agricultural records available to that agency, provided that the
153confidentiality specified by this subparagraph for such records
154is maintained. This subparagraph is subject to the Open
155Government Sunset Review Act of 1995 in accordance with s.
156119.15, and shall stand repealed on October 2, 2006, unless
157reviewed and saved from repeal through reenactment by the
158Legislature.
159     6.  The provisions of subparagraphs 1. and 2. shall not
160preclude the department or water management district from
161requiring compliance with water quality standards or with
162current best management practice requirements set forth in any
163applicable regulatory program authorized by law for the purpose
164of protecting water quality. Additionally, subparagraphs 1. and
1652. are applicable only to the extent that they do not conflict
166with any rules adopted by the department that are necessary to
167maintain a federally delegated or approved program.
168     (11)  IMPLEMENTATION OF ADDITIONAL PROGRAMS.--
169     (b)  Interim measures, best management practices, or other
170measures may be developed and voluntarily implemented pursuant
171to paragraph subparagraphs (7)(c)1. and 2. for any water body or
172segment for which a total maximum daily load or allocation has
173not been established. The implementation of such pollution
174control programs may be considered by the department in the
175determination made pursuant to subsection (4).
176     Section 2.  Subsections (7) and (12) of section 482.021,
177Florida Statutes, are amended to read:
178     482.021  Definitions.--For the purposes of this chapter,
179and unless otherwise required by the context, the term:
180     (7)  "Employee" means a person who is employed by a
181licensee that provides that person with necessary training,
182supervision, pesticides, equipment, and insurance and who
183receives compensation from and is under the personal supervision
184and direct control of the licensee's certified operator in
185charge and licensee from whose which compensation of the
186licensee regularly deducts and matches federal insurance
187contributions and federal income and Social Security taxes.
188     (12)  "Independent contractor" means an entity separate
189from the licensee that:
190     (a)  Receives moneys from a customer which are deposited in
191a bank account other than that of the licensee;
192     (b)  Owns or supplies its own service vehicle, equipment,
193and pesticides; or
194     (c)  Maintains a business operation, office, or support
195staff independent of the licensee's direct control;
196     (d)  Pays its own operating expenses such as fuel,
197equipment, pesticides, and materials; or
198     (e)(c)  Pays its own workers' worker's compensation as an
199independent contractor.
200     Section 3.  Subsection (5) of section 482.051, Florida
201Statutes, is amended to read:
202     482.051  Rules.--The department has authority to adopt
203rules pursuant to ss. 120.536(1) and 120.54 to implement the
204provisions of this chapter. Prior to proposing the adoption of a
205rule, the department shall counsel with members of the pest
206control industry concerning the proposed rule. The department
207shall adopt rules for the protection of the health, safety, and
208welfare of pest control employees and the general public which
209require:
210     (5)  That any pesticide used as the primary preventive
211treatment for preconstruction treatments for the prevention of
212subterranean termites in new construction be applied in the
213amount, concentration, and treatment area in accordance with the
214label; that a copy of the label of the registered pesticide
215being applied be carried in a vehicle at the site where the
216pesticide is being applied; and that the licensee maintain for 3
217years the record of each preconstruction treatment, indicating
218the date of treatment, the location or address of the property
219treated, the total square footage of the structure treated, the
220type of pesticide applied, the concentration of each substance
221in the mixture applied, and the total amount of pesticide
222applied.
223     Section 4.  Paragraph (a) of subsection (2) of section
224482.091, Florida Statutes, is amended to read:
225     482.091  Employee identification cards.--
226     (2)(a)  An identification cardholder must be an employee of
227the licensee and work under the direction and supervision of the
228licensee's certified operator in charge and shall may not be an
229independent contractor. An identification cardholder shall
230operate may perform only pest control services out of, and or
231for customers assigned arising from, the licensee's licensed
232business location. An identification cardholder shall may not
233perform any pest control independently of and without the
234knowledge of the licensee and the licensee's certified operator
235in charge and shall may perform pest control only for the
236licensee's customers.
237     Section 5.  Subsections (1), (2), and (3) of section
238482.156, Florida Statutes, are amended to read:
239     482.156  Limited certification for commercial landscape
240maintenance personnel.--
241     (1)  The department shall establish a limited certification
242category for individual commercial landscape maintenance
243personnel to authorize them to apply herbicides for controlling
244weeds in plant beds and to perform integrated pest management on
245ornamental plants using the following materials: insecticides
246and fungicides having the signal word "caution" but not having
247the word "warning" or "danger" on the label, insecticidal soaps,
248horticultural oils, and bacillus thuringiensis formulations. The
249application equipment that may be used by a person certified
250pursuant to this section is limited to portable, handheld 3-
251gallon compressed air sprayers or backpack sprayers having no
252more than a 5-gallon capacity and does not include power
253equipment.
254     (2)(a)  A person seeking limited certification under this
255section must pass an examination given by the department. Each
256application for examination must be accompanied by an
257examination fee set by rule of the department, in an amount of
258not more than $150 or less than $50; however, until a rule
259setting this fee is adopted by the department, the examination
260fee is $50. Prior to the department's issuing a limited
261certification under this section, each person applying making
262application for the certification under this section must
263furnish proof of having a certificate of insurance which states
264that the employer meets the requirements for minimum financial
265responsibility for bodily injury and property damage required by
266s. 482.071(4).
267     (b)  To be eligible to take the examination, an applicant
268must have completed 6 8 classroom hours of plant bed and
269ornamental continuing education training approved by the
270department and provide sufficient proof, according to criteria
271established by department rule, of having successfully completed
272the continuing education training that the applicant has been in
273the landscape maintenance business for at least 3 years.
274     (b)  The department shall provide the appropriate reference
275materials for the examination and make the examination readily
276accessible and available to applicants at least quarterly or as
277necessary in each county.
278     (3)  An application for recertification under this section
279must be made annually and be accompanied by a recertification
280fee 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
282adopted by the department, the fee for recertification is $25.
283The application must also be accompanied by proof of having
284completed 4 classroom hours of acceptable continuing education
285and the same proof of having a certificate of insurance as is
286required for issuance of this initial certification. After a
287grace period not exceeding 30 calendar days following the annual
288date that recertification is due, a late renewal charge of $50
289shall be assessed and must be paid in addition to the renewal
290fee. Unless timely recertified, a certificate automatically
291expires 180 calendar days after the anniversary recertification
292date. Subsequent to such expiration, a certificate may be issued
293only upon successful reexamination and upon payment of the
294examination fees due.
295     Section 6.  Subsection (7) of section 482.211, Florida
296Statutes, is amended to read:
297     482.211  Exemptions.--This chapter does not apply to:
298     (7)  Area Mosquito control activities conducted by a local
299government or district established under chapter 388, by special
300act, or by a contractor of the local government or district.
301     Section 7.  Section 500.033, Florida Statutes, is amended
302to read:
303     500.033  Florida Food Safety and Food Defense Security
304Advisory Council.--
305     (1)  There is created the Florida Food Safety and Food
306Defense Security Advisory Council for the purpose of serving as
307a forum for presenting, investigating, and evaluating issues of
308current importance to the assurance of a safe and secure food
309supply to the citizens of Florida. The Florida Food Safety and
310Food Defense Security Advisory Council shall consist of, but not
311be limited to: the Commissioner of Agriculture or his or her
312designee; the Secretary of Health or his or her designee; the
313Secretary of Business and Professional Regulation or his or her
314designee; the person responsible for domestic security with the
315Florida Department of Law Enforcement; members representing the
316production, processing, distribution, and sale of foods;
317consumers or and/or members of citizens groups; representatives
318of or food industry groups; scientists or other experts in
319aspects of food safety from state universities; representatives
320from local, state, and federal agencies that are charged with
321responsibilities for food safety or food defense security; the
322chairs of the Agriculture Committees of the Senate and the House
323of Representatives or their designees; and the chairs of the
324committees of the Senate and the House of Representatives with
325jurisdictional oversight of home defense issues or their
326designees. The Commissioner of Agriculture shall appoint the
327remaining members. The council shall make periodic reports to
328the Department of Agriculture and Consumer Services concerning
329findings and recommendations in the area of food safety and food
330defense security.
331     (2)  The council shall consider the development of
332appropriate advice or recommendations on food safety or food
333defense security issues. In the discharge of their duties, the
334council members may receive for review confidential data exempt
335from the provisions of s. 119.07(1); however, it is unlawful for
336any member of the council to use the data for his or her
337advantage or reveal the data to the general public.
338     Section 8.  Paragraph (a) of subsection (1) of section
339500.12, 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
342any person who operates a food establishment or retail food
343store, except:
344     1.  Persons operating minor food outlets, including, but
345not limited to, video stores, that sell commercially
346prepackaged, nonpotentially hazardous candy, chewing gum, soda,
347or popcorn, provided the shelf space for those items does not
348exceed 12 linear feet and no other food is sold by the minor
349food outlet.
350     2.  Persons subject to continuous, onsite federal or state
351inspection.
352     3.  Persons selling only legumes in the shell, either
353parched, roasted, or boiled.
354     4.  Persons producing and selling in the state 100-percent
355Florida sugar cane syrup directly to the consumer or at a
356roadside stand, farmers' market, or similar location, provided
357each container or bottle of syrup is labeled and the label
358states the producer's name and address, the product type, and
359the net weight or volume of the product and includes the
360statement: "This product has not been produced in a facility
361inspected and permitted by the Florida Department of Agriculture
362and Consumer Services."
363     Section 9.  Section 570.954, Florida Statutes, is created
364to read:
365     570.954  Farm-to-fuel initiative.--
366     (1)  The department may develop a farm-to-fuel initiative
367to enhance the market for and promote the production and
368distribution of renewable energy from Florida-grown crops,
369agricultural wastes and residues, and other biomass and to
370enhance the value of agricultural products or expand
371agribusiness in the state.
372     (2)  The department may conduct a statewide comprehensive
373information and education program aimed at educating the general
374public about the benefits of renewable energy and the use of
375alternative fuels.
376     (3)  The department shall coordinate with and solicit the
377expertise of the state energy office within the Department of
378Environmental Protection when developing and implementing this
379initiative.
380     Section 10.  Paragraphs (b) and (c) of subsection (1) of
381section 582.06, Florida Statutes, are amended to read:
382     582.06  Soil and Water Conservation Council; powers and
383duties.--
384     (1)  COMPOSITION.--The Soil and Water Conservation Council
385is created in the Department of Agriculture and Consumer
386Services and shall be composed of 23 members as follows:
387     (b)  Twelve nonvoting ex officio members shall include one
388representative each from the Department of Environmental
389Protection, the five water management districts, the Institute
390of Food and Agricultural Sciences at the University of Florida,
391the United States Department of Agriculture Natural Resources
392Conservation Service, the Florida Association of Counties, and
393the Florida League of Cities, and two representatives of
394environmental interests.
395     (c)  All members shall be appointed by the commissioner. Ex
396officio Members appointed pursuant to paragraph (b) shall be
397appointed by the commissioner from recommendations provided by
398the organization or interest represented.
399     Section 11.  Paragraph (h) is added to subsection (2) of
400section 810.09, Florida Statutes, to read:
401     810.09  Trespass on property other than structure or
402conveyance.--
403     (2)
404     (h)  The offender commits a felony of the third degree,
405punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
406if the property trespassed upon is an agricultural chemicals
407manufacturing facility that is legally posted and identified in
408substantially the following manner: "THIS AREA IS A DESIGNATED
409AGRICULTURAL CHEMICALS MANUFACTURING FACILITY, AND ANYONE WHO
410TRESPASSES ON THIS PROPERTY COMMITS A FELONY."
411     Section 12.  Subsection (12) is added to section 810.011,
412Florida Statutes, to read:
413     810.011  Definitions.--As used in this chapter:
414     (12)  "Agricultural chemicals manufacturing facility" means
415any facility, and any properties or structures associated with
416the facility, used for the manufacture, processing, or storage
417of agricultural chemicals classified in Industry Group 287
418contained in the Standard Industrial Classification Manual,
4191987, as published by the Office of Management and Budget,
420Executive Office of the President.
421     Section 13.  Subsection (3) of section 828.30, Florida
422Statutes, is amended to read:
423     828.30  Rabies vaccination of dogs, cats, and ferrets.--
424     (3)  Upon vaccination against rabies, the licensed
425veterinarian shall provide the animal's owner and the animal
426control authority with a rabies vaccination certificate. Each
427animal control authority and veterinarian shall use the Form 51,
428"Rabies Vaccination Certificate," of the National Association of
429State Public Health Veterinarians (NASPHV) or an equivalent form
430approved by the local government that contains all the
431information required by the NASPHV Rabies Vaccination
432Certificate Form 51. The veterinarian who administers the rabies
433vaccine to an animal as required under this section may affix
434his or her signature stamp in lieu of an actual signature.
435     Section 14.  Austin Dewey Gay Memorial Agricultural
436Inspection Station designated; Department of Agriculture and
437Consumer Services to erect suitable markers.--
438     (1)  The agricultural inspection station located at or near
439mile marker 1 on Interstate Highway 10 in Escambia County is
440designated as the "Austin Dewey Gay Memorial Agricultural
441Inspection Station."
442     (2)  The Department of Agriculture and Consumer Services is
443directed to erect suitable markers designating the Austin Dewey
444Gay Memorial Agricultural Inspection Station as described in
445subsection (1).
446     Section 15.  Subsection (11) of section 482.211, Florida
447Statutes, is repealed.
448     Section 16.  This act shall take effect July 1, 2006.


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