1 | The State Resources Council recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to agriculture; amending s. 403.067, F.S.; |
7 | clarifying rulemaking authority relating to pollution |
8 | reduction; granting presumption of compliance with water |
9 | quality standards for certain research; releasing certain |
10 | research from penalties relating to the discharge of |
11 | pollutants; amending s. 482.021, F.S.; revising the |
12 | definitions of the terms "employee" and "independent |
13 | contractor" for purposes of pest control regulation; |
14 | amending s. 482.051, F.S.; revising certain requirements |
15 | of the department to adopt rules relating to the use of |
16 | pesticides for preventing subterranean termites in new |
17 | construction; amending s. 482.091, F.S.; clarifying |
18 | provisions governing the performance of pest control |
19 | services; amending s. 482.156, F.S.; requiring |
20 | certification of individual commercial landscape |
21 | maintenance personnel; revising the types of materials |
22 | such personnel may use; removing obsolete provisions |
23 | relating to fees; revising requirements relating to proof |
24 | of education and insurance; revising the amount of |
25 | required continuing education; removing a requirement for |
26 | certain business experience; amending s. 482.211, F.S.; |
27 | clarifying exemption of certain mosquito control |
28 | activities from regulation; amending s. 500.033, F.S.; |
29 | renaming the Florida Food Safety and Food Security |
30 | Advisory Council as the Florida Food Safety and Food |
31 | Defense Advisory Council and revising duties accordingly; |
32 | amending s. 500.12, F.S.; providing an exemption from |
33 | certain food inspections by the department; amending s. |
34 | 570.249, F.S.; expanding the conditions under which loan |
35 | funds to certain agricultural producers may be granted; |
36 | increasing the amount of funds that may be granted; |
37 | defining "losses" and "essential physical property"; |
38 | creating s. 570.954, F.S.; authorizing the department, in |
39 | consultation with the state energy office within the |
40 | Department of Environmental Protection, to develop a farm- |
41 | to-fuel initiative; providing purposes of the initiative; |
42 | providing for a statewide information and education |
43 | program; amending s. 582.06, F.S.; revising the membership |
44 | of the Soil and Water Conservation Council; amending s. |
45 | 810.09, F.S.; providing criminal penalties for trespassing |
46 | on certain property; requiring warning signage; amending |
47 | s. 810.011, F.S.; defining "agricultural chemicals |
48 | manufacturing facility"; amending s. 828.30, F.S.; |
49 | updating references to the Rabies Vaccination Certificate; |
50 | designating the Austin Dewey Gay Memorial Agricultural |
51 | Inspection Station in Escambia County; directing the |
52 | department to erect suitable markers; providing an |
53 | effective date. |
54 |
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55 | Be It Enacted by the Legislature of the State of Florida: |
56 |
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57 | Section 1. Paragraph (c) of subsection (7) and paragraph |
58 | (b) of subsection (11) of section 403.067, Florida Statutes, are |
59 | amended to read: |
60 | 403.067 Establishment and implementation of total maximum |
61 | daily loads.-- |
62 | (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND |
63 | IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.-- |
64 | (c) Best management practices.-- |
65 | 1. The department, in cooperation with the water |
66 | management districts and other interested parties, as |
67 | appropriate, may develop suitable interim measures, best |
68 | management practices, or other measures necessary to achieve the |
69 | level of pollution reduction established by the department for |
70 | nonagricultural nonpoint pollutant sources in allocations |
71 | developed pursuant to subsection (6) and this subsection. These |
72 | practices and measures may be adopted by rule by the department |
73 | and the water management districts pursuant to ss. 120.536(1) |
74 | and 120.54, and, where adopted by rule, shall be implemented by |
75 | those parties responsible for nonagricultural nonpoint source |
76 | pollution. |
77 | 2. The Department of Agriculture and Consumer Services may |
78 | develop and adopt by rule pursuant to ss. 120.536(1) and 120.54 |
79 | suitable interim measures, best management practices, or other |
80 | measures necessary to achieve the level of pollution reduction |
81 | established by the department for agricultural pollutant sources |
82 | in allocations developed pursuant to subsection (6) and this |
83 | subsection or for programs implemented pursuant to paragraph |
84 | (11)(b). These practices and measures may be implemented by |
85 | those parties responsible for agricultural pollutant sources and |
86 | the department, the water management districts, and the |
87 | Department of Agriculture and Consumer Services shall assist |
88 | with implementation. In the process of developing and adopting |
89 | rules for interim measures, best management practices, or other |
90 | measures, the Department of Agriculture and Consumer Services |
91 | shall consult with the department, the Department of Health, the |
92 | water management districts, representatives from affected |
93 | farming groups, and environmental group representatives. Such |
94 | rules shall also incorporate provisions for a notice of intent |
95 | to implement the practices and a system to assure the |
96 | implementation of the practices, including recordkeeping |
97 | requirements. |
98 | 3. Where interim measures, best management practices, or |
99 | other measures are adopted by rule, the effectiveness of such |
100 | practices in achieving the levels of pollution reduction |
101 | established in allocations developed by the department pursuant |
102 | to subsection (6) and this subsection or in programs implemented |
103 | pursuant to paragraph (11)(b) shall be verified at |
104 | representative sites by the department. The department shall use |
105 | best professional judgment in making the initial verification |
106 | that the best management practices are reasonably expected to be |
107 | effective and, where applicable, shall notify the appropriate |
108 | water management district or and the Department of Agriculture |
109 | and Consumer Services of its initial verification prior to the |
110 | adoption of a rule proposed pursuant to this paragraph. |
111 | Implementation, in accordance with rules adopted under this |
112 | paragraph, of practices that have been initially verified to be |
113 | effective, or verified to be effective by monitoring at |
114 | representative sites, by the department, shall provide a |
115 | presumption of compliance with state water quality standards and |
116 | release from the provisions of s. 376.307(5) for those |
117 | pollutants addressed by the practices, and the department is not |
118 | authorized to institute proceedings against the owner of the |
119 | source of pollution to recover costs or damages associated with |
120 | the contamination of surface water or groundwater caused by |
121 | those pollutants. Research funded by the department, a water |
122 | management district, or the Department of Agriculture and |
123 | Consumer Services to develop or demonstrate interim measures or |
124 | best management practices is granted a presumption of compliance |
125 | with state water quality standards and release from the |
126 | provisions of s. 376.307(5), which are limited to the research |
127 | site for those pollutants addressed by the practices. |
128 | 4. Where water quality problems are demonstrated, despite |
129 | the appropriate implementation, operation, and maintenance of |
130 | best management practices and other measures according to rules |
131 | adopted under this paragraph, the department, a water management |
132 | district, or the Department of Agriculture and Consumer |
133 | Services, in consultation with the department, shall institute a |
134 | reevaluation of the best management practice or other measure. |
135 | Should the reevaluation determine that the best management |
136 | practice or other measure requires modification, the department, |
137 | a water management district, or the Department of Agriculture |
138 | and Consumer Services, as appropriate, shall revise the rule to |
139 | require implementation of the modified practice within a |
140 | reasonable time period as specified in the rule. |
141 | 5. Individual agricultural records relating to processes |
142 | or methods of production, or relating to costs of production, |
143 | profits, or other financial information which are otherwise not |
144 | public records, which are reported to the Department of |
145 | Agriculture and Consumer Services pursuant to subparagraphs 3. |
146 | and 4. or pursuant to any rule adopted pursuant to subparagraph |
147 | 2. shall be confidential and exempt from s. 119.07(1) and s. |
148 | 24(a), Art. I of the State Constitution. Upon request of the |
149 | department or any water management district, the Department of |
150 | Agriculture and Consumer Services shall make such individual |
151 | agricultural records available to that agency, provided that the |
152 | confidentiality specified by this subparagraph for such records |
153 | is maintained. This subparagraph is subject to the Open |
154 | Government Sunset Review Act of 1995 in accordance with s. |
155 | 119.15, and shall stand repealed on October 2, 2006, unless |
156 | reviewed and saved from repeal through reenactment by the |
157 | Legislature. |
158 | 6. The provisions of subparagraphs 1. and 2. shall not |
159 | preclude the department or water management district from |
160 | requiring compliance with water quality standards or with |
161 | current best management practice requirements set forth in any |
162 | applicable regulatory program authorized by law for the purpose |
163 | of protecting water quality. Additionally, subparagraphs 1. and |
164 | 2. are applicable only to the extent that they do not conflict |
165 | with any rules adopted by the department that are necessary to |
166 | maintain a federally delegated or approved program. |
167 | (11) IMPLEMENTATION OF ADDITIONAL PROGRAMS.-- |
168 | (b) Interim measures, best management practices, or other |
169 | measures may be developed and voluntarily implemented pursuant |
170 | to paragraph subparagraphs (7)(c)1. and 2. for any water body or |
171 | segment for which a total maximum daily load or allocation has |
172 | not been established. The implementation of such pollution |
173 | control programs may be considered by the department in the |
174 | determination made pursuant to subsection (4). |
175 | Section 2. Subsections (7) and (12) of section 482.021, |
176 | Florida Statutes, are amended to read: |
177 | 482.021 Definitions.--For the purposes of this chapter, |
178 | and unless otherwise required by the context, the term: |
179 | (7) "Employee" means a person who is employed by a |
180 | licensee that provides that person with necessary training, |
181 | supervision, pesticides, equipment, and insurance and who |
182 | receives compensation from and is under the personal supervision |
183 | and direct control of the licensee's certified operator in |
184 | charge and licensee from whose which compensation of the |
185 | licensee regularly deducts and matches federal insurance |
186 | contributions and federal income and Social Security taxes. |
187 | (12) "Independent contractor" means an entity separate |
188 | from the licensee that: |
189 | (a) Receives moneys from a customer which are deposited in |
190 | a bank account other than that of the licensee; |
191 | (b) Owns or supplies its own service vehicle, equipment, |
192 | and pesticides; or |
193 | (c) Maintains a business operation, office, or support |
194 | staff independent of the licensee's direct control; |
195 | (d) Pays its own operating expenses such as fuel, |
196 | equipment, pesticides, and materials; or |
197 | (e)(c) Pays its own workers' worker's compensation as an |
198 | independent contractor. |
199 | Section 3. Subsection (5) of section 482.051, Florida |
200 | Statutes, is amended to read: |
201 | 482.051 Rules.--The department has authority to adopt |
202 | rules pursuant to ss. 120.536(1) and 120.54 to implement the |
203 | provisions of this chapter. Prior to proposing the adoption of a |
204 | rule, the department shall counsel with members of the pest |
205 | control industry concerning the proposed rule. The department |
206 | shall adopt rules for the protection of the health, safety, and |
207 | welfare of pest control employees and the general public which |
208 | require: |
209 | (5) That any pesticide used as the primary preventive |
210 | treatment for preconstruction treatments for the prevention of |
211 | subterranean termites in new construction be applied in the |
212 | amount, concentration, and treatment area in accordance with the |
213 | label; that a copy of the label of the registered pesticide |
214 | being applied be carried in a vehicle at the site where the |
215 | pesticide is being applied; and that the licensee maintain for 3 |
216 | years the record of each preconstruction treatment, indicating |
217 | the date of treatment, the location or address of the property |
218 | treated, the total square footage of the structure treated, the |
219 | type of pesticide applied, the concentration of each substance |
220 | in the mixture applied, and the total amount of pesticide |
221 | applied. |
222 | Section 4. Paragraph (a) of subsection (2) of section |
223 | 482.091, Florida Statutes, is amended to read: |
224 | 482.091 Employee identification cards.-- |
225 | (2)(a) An identification cardholder must be an employee of |
226 | the licensee and work under the direction and supervision of the |
227 | licensee's certified operator in charge and shall may not be an |
228 | independent contractor. An identification cardholder shall |
229 | operate may perform only pest control services out of, and or |
230 | for customers assigned arising from, the licensee's licensed |
231 | business location. An identification cardholder shall may not |
232 | perform any pest control independently of and without the |
233 | knowledge of the licensee and the licensee's certified operator |
234 | in charge and shall may perform pest control only for the |
235 | licensee's customers. |
236 | Section 5. Subsections (1), (2), and (3) of section |
237 | 482.156, Florida Statutes, are amended to read: |
238 | 482.156 Limited certification for commercial landscape |
239 | maintenance personnel.-- |
240 | (1) The department shall establish a limited certification |
241 | category for individual commercial landscape maintenance |
242 | personnel to authorize them to apply herbicides for controlling |
243 | weeds in plant beds and to perform integrated pest management on |
244 | ornamental plants using the following materials: insecticides |
245 | and fungicides having the signal word "caution" but not having |
246 | the word "warning" or "danger" on the label, insecticidal soaps, |
247 | horticultural oils, and bacillus thuringiensis formulations. The |
248 | application equipment that may be used by a person certified |
249 | pursuant to this section is limited to portable, handheld 3- |
250 | gallon compressed air sprayers or backpack sprayers having no |
251 | more than a 5-gallon capacity and does not include power |
252 | equipment. |
253 | (2)(a) A person seeking limited certification under this |
254 | section must pass an examination given by the department. Each |
255 | application for examination must be accompanied by an |
256 | examination fee set by rule of the department, in an amount of |
257 | not more than $150 or less than $50; however, until a rule |
258 | setting this fee is adopted by the department, the examination |
259 | fee is $50. Prior to the department's issuing a limited |
260 | certification under this section, each person applying making |
261 | application for the certification under this section must |
262 | furnish proof of having a certificate of insurance which states |
263 | that the employer meets the requirements for minimum financial |
264 | responsibility for bodily injury and property damage required by |
265 | s. 482.071(4). |
266 | (b) To be eligible to take the examination, an applicant |
267 | must have completed 6 8 classroom hours of plant bed and |
268 | ornamental continuing education training approved by the |
269 | department and provide sufficient proof, according to criteria |
270 | established by department rule, of having successfully completed |
271 | the continuing education training that the applicant has been in |
272 | the landscape maintenance business for at least 3 years. |
273 | (b) The department shall provide the appropriate reference |
274 | materials for the examination and make the examination readily |
275 | accessible and available to applicants at least quarterly or as |
276 | necessary in each county. |
277 | (3) An application for recertification under this section |
278 | must be made annually and be accompanied by a recertification |
279 | fee set by rule of the department, in an amount of not more than |
280 | $75 or less than $25; however, until a rule setting this fee is |
281 | adopted by the department, the fee for recertification is $25. |
282 | The application must also be accompanied by proof of having |
283 | completed 4 classroom hours of acceptable continuing education |
284 | and the same proof of having a certificate of insurance as is |
285 | required for issuance of this initial certification. After a |
286 | grace period not exceeding 30 calendar days following the annual |
287 | date that recertification is due, a late renewal charge of $50 |
288 | shall be assessed and must be paid in addition to the renewal |
289 | fee. Unless timely recertified, a certificate automatically |
290 | expires 180 calendar days after the anniversary recertification |
291 | date. Subsequent to such expiration, a certificate may be issued |
292 | only upon successful reexamination and upon payment of the |
293 | examination fees due. |
294 | Section 6. Subsection (7) of section 482.211, Florida |
295 | Statutes, is amended to read: |
296 | 482.211 Exemptions.--This chapter does not apply to: |
297 | (7) Area Mosquito control activities conducted by a local |
298 | government or district established under chapter 388, by special |
299 | act, or by a contractor of the local government or district. |
300 | Section 7. Section 500.033, Florida Statutes, is amended |
301 | to read: |
302 | 500.033 Florida Food Safety and Food Defense Security |
303 | Advisory Council.-- |
304 | (1) There is created the Florida Food Safety and Food |
305 | Defense Security Advisory Council for the purpose of serving as |
306 | a forum for presenting, investigating, and evaluating issues of |
307 | current importance to the assurance of a safe and secure food |
308 | supply to the citizens of Florida. The Florida Food Safety and |
309 | Food Defense Security Advisory Council shall consist of, but not |
310 | be limited to: the Commissioner of Agriculture or his or her |
311 | designee; the Secretary of Health or his or her designee; the |
312 | Secretary of Business and Professional Regulation or his or her |
313 | designee; the person responsible for domestic security with the |
314 | Florida Department of Law Enforcement; members representing the |
315 | production, processing, distribution, and sale of foods; |
316 | consumers or and/or members of citizens groups; representatives |
317 | of or food industry groups; scientists or other experts in |
318 | aspects of food safety from state universities; representatives |
319 | from local, state, and federal agencies that are charged with |
320 | responsibilities for food safety or food defense security; the |
321 | chairs of the Agriculture Committees of the Senate and the House |
322 | of Representatives or their designees; and the chairs of the |
323 | committees of the Senate and the House of Representatives with |
324 | jurisdictional oversight of home defense issues or their |
325 | designees. The Commissioner of Agriculture shall appoint the |
326 | remaining members. The council shall make periodic reports to |
327 | the Department of Agriculture and Consumer Services concerning |
328 | findings and recommendations in the area of food safety and food |
329 | defense security. |
330 | (2) The council shall consider the development of |
331 | appropriate advice or recommendations on food safety or food |
332 | defense security issues. In the discharge of their duties, the |
333 | council members may receive for review confidential data exempt |
334 | from the provisions of s. 119.07(1); however, it is unlawful for |
335 | any member of the council to use the data for his or her |
336 | advantage or reveal the data to the general public. |
337 | Section 8. Paragraph (a) of subsection (1) of section |
338 | 500.12, Florida Statutes, is amended to read: |
339 | 500.12 Food permits; building permits.-- |
340 | (1)(a) A food permit from the department is required of |
341 | any person who operates a food establishment or retail food |
342 | store, except: |
343 | 1. Persons operating minor food outlets, including, but |
344 | not limited to, video stores, that sell commercially |
345 | prepackaged, nonpotentially hazardous candy, chewing gum, soda, |
346 | or popcorn, provided the shelf space for those items does not |
347 | exceed 12 linear feet and no other food is sold by the minor |
348 | food outlet. |
349 | 2. Persons subject to continuous, onsite federal or state |
350 | inspection. |
351 | 3. Persons selling only legumes in the shell, either |
352 | parched, roasted, or boiled. |
353 | 4. Persons selling sugar cane or sorghum syrup that has |
354 | been boiled and bottled at a location within the state, provided |
355 | the bottles are labeled with the producer's name and street |
356 | address, all added ingredients, the net weight or volume of the |
357 | product, and a statement that reads, "This product has not been |
358 | produced in a facility permitted by the Florida Department of |
359 | Agriculture and Consumer Services." |
360 | Section 9. Subsection (1) of section 570.249, Florida |
361 | Statutes, is amended to read: |
362 | 570.249 Agricultural Economic Development Program disaster |
363 | loans and grants and aid.-- |
364 | (1) USE OF LOAN FUNDS.-- |
365 | (a) Loan funds to agricultural producers who have |
366 | experienced crop losses from a natural disaster or a |
367 | socioeconomic condition or event may be used to: |
368 | 1. Restore, or replace, or remove debris from essential |
369 | physical property., such as animals, fences, equipment, |
370 | structural production facilities, and orchard trees; |
371 | 2. Pay all or part of production costs associated with the |
372 | disaster year.; |
373 | 3. Pay essential family living expenses.; and |
374 | 4. Restructure farm debts. |
375 | (b) To be eligible, agricultural producers may have no |
376 | more than 300 acres currently in production. |
377 | (c) Funds may be issued as direct loans, or as loan |
378 | guarantees for up to 90 percent of the total loan, in amounts |
379 | not less than $30,000 nor more than $300,000 $250,000. |
380 | Applicants must provide at least 10 percent equity. |
381 | (d) For purposes of this subsection, the term: |
382 | 1. "Losses" means loss or damage to crops, agricultural |
383 | products, facilities, or infrastructure, or farmworker housing. |
384 | 2. "Essential physical property" means fences, equipment, |
385 | structural production facilities, such as shade houses and |
386 | greenhouses, other agricultural facilities or infrastructure, or |
387 | farmworker housing. |
388 | Section 10. Section 570.954, Florida Statutes, is created |
389 | to read: |
390 | 570.954 Farm-to-fuel initiative.-- |
391 | (1) The department may develop a farm-to-fuel initiative |
392 | to enhance the market for and promote the production and |
393 | distribution of renewable energy from Florida-grown crops, |
394 | agricultural wastes and residues, and other biomass and to |
395 | enhance the value of agricultural products or expand |
396 | agribusiness in the state. |
397 | (2) The department may conduct a statewide comprehensive |
398 | information and education program aimed at educating the general |
399 | public about the benefits of renewable energy and the use of |
400 | alternative fuels. |
401 | (3) The department shall coordinate with and solicit the |
402 | expertise of the state energy office within the Department of |
403 | Environmental Protection when developing and implementing this |
404 | initiative. |
405 | Section 11. Paragraphs (b) and (c) of subsection (1) of |
406 | section 582.06, Florida Statutes, are amended to read: |
407 | 582.06 Soil and Water Conservation Council; powers and |
408 | duties.-- |
409 | (1) COMPOSITION.--The Soil and Water Conservation Council |
410 | is created in the Department of Agriculture and Consumer |
411 | Services and shall be composed of 23 members as follows: |
412 | (b) Twelve nonvoting ex officio members shall include one |
413 | representative each from the Department of Environmental |
414 | Protection, the five water management districts, the Institute |
415 | of Food and Agricultural Sciences at the University of Florida, |
416 | the United States Department of Agriculture Natural Resources |
417 | Conservation Service, the Florida Association of Counties, and |
418 | the Florida League of Cities, and two representatives of |
419 | environmental interests. |
420 | (c) All members shall be appointed by the commissioner. Ex |
421 | officio Members appointed pursuant to paragraph (b) shall be |
422 | appointed by the commissioner from recommendations provided by |
423 | the organization or interest represented. |
424 | Section 12. Paragraph (h) is added to subsection (2) of |
425 | section 810.09, Florida Statutes, to read: |
426 | 810.09 Trespass on property other than structure or |
427 | conveyance.-- |
428 | (2) |
429 | (h) The offender commits a felony of the third degree, |
430 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084, |
431 | if the property trespassed upon is an agricultural chemicals |
432 | manufacturing facility that is legally posted and identified in |
433 | substantially the following manner: "THIS AREA IS A DESIGNATED |
434 | AGRICULTURAL CHEMICALS MANUFACTURING FACILITY, AND ANYONE WHO |
435 | TRESPASSES ON THIS PROPERTY COMMITS A FELONY." |
436 | Section 13. Subsection (12) is added to section 810.011, |
437 | Florida Statutes, to read: |
438 | 810.011 Definitions.--As used in this chapter: |
439 | (12) "Agricultural chemicals manufacturing facility" means |
440 | any facility, and any properties or structures associated with |
441 | the facility, used for the manufacture, processing, or storage |
442 | of agricultural chemicals classified in Industry Group 287 |
443 | contained in the Standard Industrial Classification Manual, |
444 | 1987, as published by the Office of Management and Budget, |
445 | Executive Office of the President. |
446 | Section 14. Subsection (3) of section 828.30, Florida |
447 | Statutes, is amended to read: |
448 | 828.30 Rabies vaccination of dogs, cats, and ferrets.-- |
449 | (3) Upon vaccination against rabies, the licensed |
450 | veterinarian shall provide the animal's owner and the animal |
451 | control authority with a rabies vaccination certificate. Each |
452 | animal control authority and veterinarian shall use the Form 51, |
453 | "Rabies Vaccination Certificate," of the National Association of |
454 | State Public Health Veterinarians (NASPHV) or an equivalent form |
455 | approved by the local government that contains all the |
456 | information required by the NASPHV Rabies Vaccination |
457 | Certificate Form 51. The veterinarian who administers the rabies |
458 | vaccine to an animal as required under this section may affix |
459 | his or her signature stamp in lieu of an actual signature. |
460 | Section 15. Austin Dewey Gay Memorial Agricultural |
461 | Inspection Station designated; Department of Agriculture and |
462 | Consumer Services to erect suitable markers.-- |
463 | (1) The agricultural inspection station located at or near |
464 | mile marker 1 on Interstate Highway 10 in Escambia County is |
465 | designated as the "Austin Dewey Gay Memorial Agricultural |
466 | Inspection Station." |
467 | (2) The Department of Agriculture and Consumer Services is |
468 | directed to erect suitable markers designating the Austin Dewey |
469 | Gay Memorial Agricultural Inspection Station as described in |
470 | subsection (1). |
471 | Section 16. This act shall take effect July 1, 2006. |