HB 7075

1	A bill to be entitled
2	An act relating to agriculture; amending s. 403.067, F.S.;
3	clarifying rulemaking authority relating to pollution
4	reduction; granting presumption of compliance with water
5	quality standards for certain research; releasing certain
6	research from penalties relating to the discharge of
7	pollutants; amending s. 482.021, F.S.; revising the
8	definitions of the terms "employee" and "independent
9	contractor" for purposes of pest control regulation;
10	amending s. 482.051, F.S.; revising certain requirements
11	of the department to adopt rules relating to the use of
12	pesticides for preventing subterranean termites in new
13	construction; amending s. 482.091, F.S.; clarifying
14	provisions governing the performance of pest control
15	services; amending s. 482.156, F.S.; requiring
16	certification of individual commercial landscape
17	maintenance personnel; revising the types of materials
18	such personnel may use; removing obsolete provisions
19	relating to fees; revising requirements relating to proof
20	of education and insurance; revising the amount of
21	required continuing education; removing a requirement for
22	certain business experience; amending s. 482.211, F.S.;
23	clarifying exemption of certain mosquito control
24	activities from regulation; amending s. 500.033, F.S.;
25	renaming the Florida Food Safety and Food Security
26	Advisory Council as the Florida Food Safety and Food
27	Defense Advisory Council and revising duties accordingly;
28	amending s. 500.12, F.S.; providing an exemption from
29	certain food inspections by the department; amending s.
30	570.249, F.S.; expanding the conditions under which loan
31	funds to certain agricultural producers may be granted;
32	increasing the amount of funds that may be granted;
33	defining "losses" and "essential physical property";
34	creating s. 570.954, F.S.; authorizing the department, in
35	consultation with the state energy office within the
36	Department of Environmental Protection, to develop a farm-
37	to-fuel initiative; providing purposes of the initiative;
38	providing for a statewide information and education
39	program; amending s. 582.06, F.S.; revising the membership
40	of the Soil and Water Conservation Council; amending s.
41	810.09, F.S.; providing criminal penalties for trespassing
42	on certain property; requiring warning signage; amending
43	s. 810.011, F.S.; defining "agricultural chemicals
44	manufacturing facility"; amending s. 828.30, F.S.;
45	updating references to the Rabies Vaccination Certificate;
46	designating the Austin Dewey Gay Memorial Agricultural
47	Inspection Station in Escambia County; directing the
48	department to erect suitable markers; prohibiting any
49	person from remaining on certain property or in certain
50	structures for commercial purposes under certain
51	circumstances; providing for certain ad valorem taxation
52	for agriculture equipment under certain circumstances;
53	providing effective dates.
54
55	Be It Enacted by the Legislature of the State of Florida:
56
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.  For purposes of ss. 810.08 and 810.09, Florida
472	Statutes, no person may lawfully remain on any property or in
473	any structure that is held open to the public generally for
474	commercial purposes and from which agricultural products are
475	sold or is permitted under chapter 500, Florida Statutes, after
476	the owner or its agent orders that person to leave the premises
477	because the person is engaged in an activity deemed by the owner
478	or its agent to be detrimental to the commercial purposes for
479	which the premises is held open for the public.
480	Section 17.  Assessment of obsolete agricultural
481	equipment.--
482	(1)  For purposes of ad valorem property taxation,
483	agricultural equipment that is located on property classified as
484	agricultural under s. 193.461, Florida Statues and that is no
485	longer usable for its intended purpose shall be deemed to have a
486	market value no greater than its value for salvage.
487	(2)  This section shall take effect January 1, 2007.
488	Section 18. Except as otherwise expressly provided in this
489	act, this act shall take effect on July 1, 2006.

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