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; limiting eligibility for presumption of
8	compliance and release; amending s. 482.021, F.S.;
9	revising the definitions of the terms "employee" and
10	"independent contractor" for purposes of pest control
11	regulation; amending s. 482.051, F.S.; revising certain
12	requirements of the department to adopt rules relating to
13	the use of pesticides for preventing subterranean termites
14	in new construction; amending s. 482.091, F.S.; clarifying
15	provisions governing the performance of pest control
16	services; amending s. 482.156, F.S.; requiring
17	certification of individual commercial landscape
18	maintenance personnel; revising the types of materials
19	such personnel may use; removing obsolete provisions
20	relating to fees; revising requirements relating to proof
21	of education and insurance; revising the amount of
22	required continuing education; removing a requirement for
23	certain business experience; amending s. 482.211, F.S.;
24	clarifying exemption of certain mosquito control
25	activities from regulation; amending s. 500.033, F.S.;
26	renaming the Florida Food Safety and Food Security
27	Advisory Council as the Florida Food Safety and Food
28	Defense Advisory Council and revising duties accordingly;
29	amending s. 500.12, F.S.; providing an exemption from
30	certain food inspections by the department; amending s.
31	570.249, F.S.; expanding the conditions under which loan
32	funds to certain agricultural producers may be granted;
33	increasing the amount of funds that may be granted;
34	defining "losses" and "essential physical property";
35	creating s. 570.954, F.S.; authorizing the department, in
36	consultation with the state energy office within the
37	Department of Environmental Protection, to develop a farm-
38	to-fuel 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; prohibiting any
50	person from remaining on certain property or in certain
51	structures for commercial purposes under certain
52	circumstances; prohibiting a person from lawfully
53	remaining on any property or in any structure under
54	certain circumstances; providing for certain ad valorem
55	taxation for agriculture equipment under certain
56	circumstances; providing effective dates.
57
58	Be It Enacted by the Legislature of the State of Florida:
59
60	Section 1.  Paragraph (c) of subsection (7) and paragraph
61	(b) of subsection (11) of section 403.067, Florida Statutes, are
62	amended to read:
63	403.067  Establishment and implementation of total maximum
64	daily loads.--
65	(7)  DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
66	IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--
67	(c)  Best management practices.--
68	1.  The department, in cooperation with the water
69	management districts and other interested parties, as
70	appropriate, may develop suitable interim measures, best
71	management practices, or other measures necessary to achieve the
72	level of pollution reduction established by the department for
73	nonagricultural nonpoint pollutant sources in allocations
74	developed pursuant to subsection (6) and this subsection. These
75	practices and measures may be adopted by rule by the department
76	and the water management districts pursuant to ss. 120.536(1)
77	and 120.54, and, where adopted by rule, shall be implemented by
78	those parties responsible for nonagricultural nonpoint source
79	pollution.
80	2.  The Department of Agriculture and Consumer Services may
81	develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
82	suitable interim measures, best management practices, or other
83	measures necessary to achieve the level of pollution reduction
84	established by the department for agricultural pollutant sources
85	in allocations developed pursuant to subsection (6) and this
86	subsection or for programs implemented pursuant to paragraph
87	(11)(b). These practices and measures may be implemented by
88	those parties responsible for agricultural pollutant sources and
89	the department, the water management districts, and the
90	Department of Agriculture and Consumer Services shall assist
91	with implementation. In the process of developing and adopting
92	rules for interim measures, best management practices, or other
93	measures, the Department of Agriculture and Consumer Services
94	shall consult with the department, the Department of Health, the
95	water management districts, representatives from affected
96	farming groups, and environmental group representatives. Such
97	rules shall also incorporate provisions for a notice of intent
98	to implement the practices and a system to assure the
99	implementation of the practices, including recordkeeping
100	requirements.
101	3.  Where interim measures, best management practices, or
102	other measures are adopted by rule, the effectiveness of such
103	practices in achieving the levels of pollution reduction
104	established in allocations developed by the department pursuant
105	to subsection (6) and this subsection or in programs implemented
106	pursuant to paragraph (11)(b) shall be verified at
107	representative sites by the department. The department shall use
108	best professional judgment in making the initial verification
109	that the best management practices are reasonably expected to be
110	effective and, where applicable, shall notify the appropriate
111	water management district or and the Department of Agriculture
112	and Consumer Services of its initial verification prior to the
113	adoption of a rule proposed pursuant to this paragraph.
114	Implementation, in accordance with rules adopted under this
115	paragraph, of practices that have been initially verified to be
116	effective, or verified to be effective by monitoring at
117	representative sites, by the department, shall provide a
118	presumption of compliance with state water quality standards and
119	release from the provisions of s. 376.307(5) for those
120	pollutants addressed by the practices, and the department is not
121	authorized to institute proceedings against the owner of the
122	source of pollution to recover costs or damages associated with
123	the contamination of surface water or groundwater caused by
124	those pollutants. Research projects funded by the department, a
125	water management district, or the Department of Agriculture and
126	Consumer Services to develop or demonstrate interim measures or
127	best management practices shall be granted a presumption of
128	compliance with state water quality standards and a release from
129	the provisions of s. 376.307(5). The presumption of compliance
130	and release shall be limited to the research site and only those
131	pollutants addressed by the interim measures or best management
132	practices. Eligibility for the presumption of compliance and
133	release shall be limited to research projects on sites where the
134	owner or operator of the research site and the department, a
135	water management district, or the Department of Agriculture and
136	Consumer Services have entered into a contract or other
137	agreement that, at a minimum, specifies the research objectives,
138	the cost-share responsibilities of the parties, and a schedule
139	that details the beginning and ending dates of the project.
140	4.  Where water quality problems are demonstrated, despite
141	the appropriate implementation, operation, and maintenance of
142	best management practices and other measures according to rules
143	adopted under this paragraph, the department, a water management
144	district, or the Department of Agriculture and Consumer
145	Services, in consultation with the department, shall institute a
146	reevaluation of the best management practice or other measure.
147	Should the reevaluation determine that the best management
148	practice or other measure requires modification, the department,
149	a water management district, or the Department of Agriculture
150	and Consumer Services, as appropriate, shall revise the rule to
151	require implementation of the modified practice within a
152	reasonable time period as specified in the rule.
153	5.  Individual agricultural records relating to processes
154	or methods of production, or relating to costs of production,
155	profits, or other financial information which are otherwise not
156	public records, which are reported to the Department of
157	Agriculture and Consumer Services pursuant to subparagraphs 3.
158	and 4. or pursuant to any rule adopted pursuant to subparagraph
159	2. shall be confidential and exempt from s. 119.07(1) and s.
160	24(a), Art. I of the State Constitution. Upon request of the
161	department or any water management district, the Department of
162	Agriculture and Consumer Services shall make such individual
163	agricultural records available to that agency, provided that the
164	confidentiality specified by this subparagraph for such records
165	is maintained. This subparagraph is subject to the Open
166	Government Sunset Review Act of 1995 in accordance with s.
167	119.15, and shall stand repealed on October 2, 2006, unless
168	reviewed and saved from repeal through reenactment by the
169	Legislature.
170	6.  The provisions of subparagraphs 1. and 2. shall not
171	preclude the department or water management district from
172	requiring compliance with water quality standards or with
173	current best management practice requirements set forth in any
174	applicable regulatory program authorized by law for the purpose
175	of protecting water quality. Additionally, subparagraphs 1. and
176	2. are applicable only to the extent that they do not conflict
177	with any rules adopted by the department that are necessary to
178	maintain a federally delegated or approved program.
179	(11)  IMPLEMENTATION OF ADDITIONAL PROGRAMS.--
180	(b)  Interim measures, best management practices, or other
181	measures may be developed and voluntarily implemented pursuant
182	to paragraph subparagraphs (7)(c)1. and 2. for any water body or
183	segment for which a total maximum daily load or allocation has
184	not been established. The implementation of such pollution
185	control programs may be considered by the department in the
186	determination made pursuant to subsection (4).
187	Section 2.  Subsections (7) and (12) of section 482.021,
188	Florida Statutes, are amended to read:
189	482.021  Definitions.--For the purposes of this chapter,
190	and unless otherwise required by the context, the term:
191	(7)  "Employee" means a person who is employed by a
192	licensee that provides that person with necessary training,
193	supervision, pesticides, equipment, and insurance and who
194	receives compensation from and is under the personal supervision
195	and direct control of the licensee's certified operator in
196	charge and licensee from whose which compensation of the
197	licensee regularly deducts and matches federal insurance
198	contributions and federal income and Social Security taxes.
199	(12)  "Independent contractor" means an entity separate
200	from the licensee that:
201	(a)  Receives moneys from a customer which are deposited in
202	a bank account other than that of the licensee;
203	(b)  Owns or supplies its own service vehicle, equipment,
204	and pesticides; or
205	(c)  Maintains a business operation, office, or support
206	staff independent of the licensee's direct control;
207	(d)  Pays its own operating expenses such as fuel,
208	equipment, pesticides, and materials; or
209	(e)(c)  Pays its own workers' worker's compensation as an
210	independent contractor.
211	Section 3.  Subsection (5) of section 482.051, Florida
212	Statutes, is amended to read:
213	482.051  Rules.--The department has authority to adopt
214	rules pursuant to ss. 120.536(1) and 120.54 to implement the
215	provisions of this chapter. Prior to proposing the adoption of a
216	rule, the department shall counsel with members of the pest
217	control industry concerning the proposed rule. The department
218	shall adopt rules for the protection of the health, safety, and
219	welfare of pest control employees and the general public which
220	require:
221	(5)  That any pesticide used as the primary preventive
222	treatment for preconstruction treatments for the prevention of
223	subterranean termites in new construction be applied in the
224	amount, concentration, and treatment area in accordance with the
225	label; that a copy of the label of the registered pesticide
226	being applied be carried in a vehicle at the site where the
227	pesticide is being applied; and that the licensee maintain for 3
228	years the record of each preconstruction treatment, indicating
229	the date of treatment, the location or address of the property
230	treated, the total square footage of the structure treated, the
231	type of pesticide applied, the concentration of each substance
232	in the mixture applied, and the total amount of pesticide
233	applied.
234	Section 4.  Paragraph (a) of subsection (2) of section
235	482.091, Florida Statutes, is amended to read:
236	482.091  Employee identification cards.--
237	(2)(a)  An identification cardholder must be an employee of
238	the licensee and work under the direction and supervision of the
239	licensee's certified operator in charge and shall may not be an
240	independent contractor. An identification cardholder shall
241	operate may perform only pest control services out of, and or
242	for customers assigned arising from, the licensee's licensed
243	business location. An identification cardholder shall may not
244	perform any pest control independently of and without the
245	knowledge of the licensee and the licensee's certified operator
246	in charge and shall may perform pest control only for the
247	licensee's customers.
248	Section 5.  Subsections (1), (2), and (3) of section
249	482.156, Florida Statutes, are amended to read:
250	482.156  Limited certification for commercial landscape
251	maintenance personnel.--
252	(1)  The department shall establish a limited certification
253	category for individual commercial landscape maintenance
254	personnel to authorize them to apply herbicides for controlling
255	weeds in plant beds and to perform integrated pest management on
256	ornamental plants using the following materials: insecticides
257	and fungicides having the signal word "caution" but not having
258	the word "warning" or "danger" on the label, insecticidal soaps,
259	horticultural oils, and bacillus thuringiensis formulations. The
260	application equipment that may be used by a person certified
261	pursuant to this section is limited to portable, handheld 3-
262	gallon compressed air sprayers or backpack sprayers having no
263	more than a 5-gallon capacity and does not include power
264	equipment.
265	(2)(a)  A person seeking limited certification under this
266	section must pass an examination given by the department. Each
267	application for examination must be accompanied by an
268	examination fee set by rule of the department, in an amount of
269	not more than $150 or less than $50; however, until a rule
270	setting this fee is adopted by the department, the examination
271	fee is $50. Prior to the department's issuing a limited
272	certification under this section, each person applying making
273	application for the certification under this section must
274	furnish proof of having a certificate of insurance which states
275	that the employer meets the requirements for minimum financial
276	responsibility for bodily injury and property damage required by
277	s. 482.071(4).
278	(b)  To be eligible to take the examination, an applicant
279	must have completed 6 8 classroom hours of plant bed and
280	ornamental continuing education training approved by the
281	department and provide sufficient proof, according to criteria
282	established by department rule, of having successfully completed
283	the continuing education training that the applicant has been in
284	the landscape maintenance business for at least 3 years.
285	(b)  The department shall provide the appropriate reference
286	materials for the examination and make the examination readily
287	accessible and available to applicants at least quarterly or as
288	necessary in each county.
289	(3)  An application for recertification under this section
290	must be made annually and be accompanied by a recertification
291	fee set by rule of the department, in an amount of not more than
292	$75 or less than $25; however, until a rule setting this fee is
293	adopted by the department, the fee for recertification is $25.
294	The application must also be accompanied by proof of having
295	completed 4 classroom hours of acceptable continuing education
296	and the same proof of having a certificate of insurance as is
297	required for issuance of this initial certification. After a
298	grace period not exceeding 30 calendar days following the annual
299	date that recertification is due, a late renewal charge of $50
300	shall be assessed and must be paid in addition to the renewal
301	fee. Unless timely recertified, a certificate automatically
302	expires 180 calendar days after the anniversary recertification
303	date. Subsequent to such expiration, a certificate may be issued
304	only upon successful reexamination and upon payment of the
305	examination fees due.
306	Section 6.  Subsection (7) of section 482.211, Florida
307	Statutes, is amended to read:
308	482.211  Exemptions.--This chapter does not apply to:
309	(7)  Area Mosquito control activities conducted by a local
310	government or district established under chapter 388, by special
311	act, or by a contractor of the local government or district.
312	Section 7.  Section 500.033, Florida Statutes, is amended
313	to read:
314	500.033  Florida Food Safety and Food Defense Security
315	Advisory Council.--
316	(1)  There is created the Florida Food Safety and Food
317	Defense Security Advisory Council for the purpose of serving as
318	a forum for presenting, investigating, and evaluating issues of
319	current importance to the assurance of a safe and secure food
320	supply to the citizens of Florida. The Florida Food Safety and
321	Food Defense Security Advisory Council shall consist of, but not
322	be limited to: the Commissioner of Agriculture or his or her
323	designee; the Secretary of Health or his or her designee; the
324	Secretary of Business and Professional Regulation or his or her
325	designee; the person responsible for domestic security with the
326	Florida Department of Law Enforcement; members representing the
327	production, processing, distribution, and sale of foods;
328	consumers or and/or members of citizens groups; representatives
329	of or food industry groups; scientists or other experts in
330	aspects of food safety from state universities; representatives
331	from local, state, and federal agencies that are charged with
332	responsibilities for food safety or food defense security; the
333	chairs of the Agriculture Committees of the Senate and the House
334	of Representatives or their designees; and the chairs of the
335	committees of the Senate and the House of Representatives with
336	jurisdictional oversight of home defense issues or their
337	designees. The Commissioner of Agriculture shall appoint the
338	remaining members. The council shall make periodic reports to
339	the Department of Agriculture and Consumer Services concerning
340	findings and recommendations in the area of food safety and food
341	defense security.
342	(2)  The council shall consider the development of
343	appropriate advice or recommendations on food safety or food
344	defense security issues. In the discharge of their duties, the
345	council members may receive for review confidential data exempt
346	from the provisions of s. 119.07(1); however, it is unlawful for
347	any member of the council to use the data for his or her
348	advantage or reveal the data to the general public.
349	Section 8.  Paragraph (a) of subsection (1) of section
350	500.12, Florida Statutes, is amended to read:
351	500.12  Food permits; building permits.--
352	(1)(a)  A food permit from the department is required of
353	any person who operates a food establishment or retail food
354	store, except:
355	1.  Persons operating minor food outlets, including, but
356	not limited to, video stores, that sell commercially
357	prepackaged, nonpotentially hazardous candy, chewing gum, soda,
358	or popcorn, provided the shelf space for those items does not
359	exceed 12 linear feet and no other food is sold by the minor
360	food outlet.
361	2.  Persons subject to continuous, onsite federal or state
362	inspection.
363	3.  Persons selling only legumes in the shell, either
364	parched, roasted, or boiled.
365	4.  Persons selling sugar cane or sorghum syrup that has
366	been boiled and bottled at a location within the state, provided
367	the bottles are labeled with the producer's name and street
368	address, all added ingredients, the net weight or volume of the
369	product, and a statement that reads, "This product has not been
370	produced in a facility permitted by the Florida Department of
371	Agriculture and Consumer Services."
372	Section 9.  Subsection (1) of section 570.249, Florida
373	Statutes, is amended to read:
374	570.249  Agricultural Economic Development Program disaster
375	loans and grants and aid.--
376	(1)  USE OF LOAN FUNDS.--
377	(a)  Loan funds to agricultural producers who have
378	experienced crop losses from a natural disaster or a
379	socioeconomic condition or event may be used to:
380	1.  Restore, or replace, or remove debris from essential
381	physical property., such as animals, fences, equipment,
382	structural production facilities, and orchard trees;
383	2.  Pay all or part of production costs associated with the
384	disaster year.;
385	3.  Pay essential family living expenses.; and
386	4.  Restructure farm debts.
387	(b)  To be eligible, agricultural producers may have no
388	more than 300 acres currently in production.
389	(c)  Funds may be issued as direct loans, or as loan
390	guarantees for up to 90 percent of the total loan, in amounts
391	not less than $30,000 nor more than $300,000 $250,000.
392	Applicants must provide at least 10 percent equity.
393	(d)  For purposes of this subsection, the term:
394	1.  "Losses" means loss or damage to crops, agricultural
395	products, facilities, or infrastructure, or farmworker housing.
396	2.  "Essential physical property" means fences, equipment,
397	structural production facilities, such as shade houses and
398	greenhouses, other agricultural facilities or infrastructure, or
399	farmworker housing.
400	Section 10.  Section 570.954, Florida Statutes, is created
401	to read:
402	570.954  Farm-to-fuel initiative.--
403	(1)  The department may develop a farm-to-fuel initiative
404	to enhance the market for and promote the production and
405	distribution of renewable energy from Florida-grown crops,
406	agricultural wastes and residues, and other biomass and to
407	enhance the value of agricultural products or expand
408	agribusiness in the state.
409	(2)  The department may conduct a statewide comprehensive
410	information and education program aimed at educating the general
411	public about the benefits of renewable energy and the use of
412	alternative fuels.
413	(3)  The department shall coordinate with and solicit the
414	expertise of the state energy office within the Department of
415	Environmental Protection when developing and implementing this
416	initiative.
417	Section 11.  Paragraphs (b) and (c) of subsection (1) of
418	section 582.06, Florida Statutes, are amended to read:
419	582.06  Soil and Water Conservation Council; powers and
420	duties.--
421	(1)  COMPOSITION.--The Soil and Water Conservation Council
422	is created in the Department of Agriculture and Consumer
423	Services and shall be composed of 23 members as follows:
424	(b)  Twelve nonvoting ex officio members shall include one
425	representative each from the Department of Environmental
426	Protection, the five water management districts, the Institute
427	of Food and Agricultural Sciences at the University of Florida,
428	the United States Department of Agriculture Natural Resources
429	Conservation Service, the Florida Association of Counties, and
430	the Florida League of Cities, and two representatives of
431	environmental interests.
432	(c)  All members shall be appointed by the commissioner. Ex
433	officio Members appointed pursuant to paragraph (b) shall be
434	appointed by the commissioner from recommendations provided by
435	the organization or interest represented.
436	Section 12.  Paragraph (h) is added to subsection (2) of
437	section 810.09, Florida Statutes, to read:
438	810.09  Trespass on property other than structure or
439	conveyance.--
440	(2)
441	(h)  The offender commits a felony of the third degree,
442	punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
443	if the property trespassed upon is an agricultural chemicals
444	manufacturing facility that is legally posted and identified in
445	substantially the following manner: "THIS AREA IS A DESIGNATED
446	AGRICULTURAL CHEMICALS MANUFACTURING FACILITY, AND ANYONE WHO
447	TRESPASSES ON THIS PROPERTY COMMITS A FELONY."
448	Section 13.  Subsection (12) is added to section 810.011,
449	Florida Statutes, to read:
450	810.011  Definitions.--As used in this chapter:
451	(12)  "Agricultural chemicals manufacturing facility" means
452	any facility, and any properties or structures associated with
453	the facility, used for the manufacture, processing, or storage
454	of agricultural chemicals classified in Industry Group 287
455	contained in the Standard Industrial Classification Manual,
456	1987, as published by the Office of Management and Budget,
457	Executive Office of the President.
458	Section 14.  Subsection (3) of section 828.30, Florida
459	Statutes, is amended to read:
460	828.30  Rabies vaccination of dogs, cats, and ferrets.--
461	(3)  Upon vaccination against rabies, the licensed
462	veterinarian shall provide the animal's owner and the animal
463	control authority with a rabies vaccination certificate. Each
464	animal control authority and veterinarian shall use the Form 51,
465	"Rabies Vaccination Certificate," of the National Association of
466	State Public Health Veterinarians (NASPHV) or an equivalent form
467	approved by the local government that contains all the
468	information required by the NASPHV Rabies Vaccination
469	Certificate Form 51. The veterinarian who administers the rabies
470	vaccine to an animal as required under this section may affix
471	his or her signature stamp in lieu of an actual signature.
472	Section 15.  Austin Dewey Gay Memorial Agricultural
473	Inspection Station designated; Department of Agriculture and
474	Consumer Services to erect suitable markers.--
475	(1)  The agricultural inspection station located at or near
476	mile marker 1 on Interstate Highway 10 in Escambia County is
477	designated as the "Austin Dewey Gay Memorial Agricultural
478	Inspection Station."
479	(2)  The Department of Agriculture and Consumer Services is
480	directed to erect suitable markers designating the Austin Dewey
481	Gay Memorial Agricultural Inspection Station as described in
482	subsection (1).
483	Section 16.  For purposes of ss. 810.08 and 810.09, Florida
484	Statutes, no person may lawfully remain on any property or in
485	any structure that is held open to the public generally for
486	commercial purposes and from which agricultural products are
487	sold or is permitted under chapter 500, Florida Statutes, after
488	the owner or its agent orders that person to leave the premises
489	because the person is engaged in an activity deemed by the owner
490	or its agent to be detrimental to the commercial purposes for
491	which the premises is held open for the public.
492	Section 17.  Assessment of obsolete agricultural
493	equipment.--
494	(1)  For purposes of ad valorem property taxation,
495	agricultural equipment that is located on property classified as
496	agricultural under s. 193.461, Florida Statues and that is no
497	longer usable for its intended purpose shall be deemed to have a
498	market value no greater than its value for salvage.
499	(2)  This section shall take effect January 1, 2007.
500	Section 18. Except as otherwise expressly provided in this
501	act, this act shall take effect on July 1, 2006.

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