CS/HB 651

1	A bill to be entitled
2	An act relating to the Department of Agriculture and
3	Consumer Services; amending s. 487.041, F.S.; revising the
4	registration requirements for brands of pesticide
5	distributed or sold in the state; providing for expiration
6	on a specified date of requirements for annual
7	registration; providing for future biennial registration;
8	revising the registration fee; requiring that proceeds of
9	the fee be deposited into the General Inspection Trust
10	Fund and used by the department to administer ch. 487,
11	F.S.; providing for a fee to be imposed for late
12	registration; amending s. 500.03, F.S.; updating
13	references for purposes of provisions governing the sale
14	of bottled water; redefining the term "food establishment"
15	to include tomato packinghouses; amending s. 500.147,
16	F.S.; updating reference for purposes of provisions
17	governing the operation of bottled water plants; amending
18	s. 502.012, F.S.; revising and clarifying definitions;
19	amending s. 502.014, F.S.; revising the department's
20	rulemaking authority concerning lowfat cottage cheese;
21	conforming terminology; amending s. 502.053, F.S.;
22	revising the permitting requirements for certain milk
23	plants; deleting a provision authorizing the department to
24	issue a temporary permit to milk haulers; amending s.
25	502.054, F.S.; conforming terminology; amending s.
26	502.091, F.S.; clarifying provisions governing the sale of
27	milk and milk products; specifying the types of food
28	establishments at which such products may be sold;
29	providing requirements for the sale of cheese made from
30	raw milk; amending s. 570.07, F.S.; authorizing personnel
31	within the various divisions of the department to perform
32	regulatory and inspection services relating to
33	agriculture; requiring that the department adopt
34	requirements for enhancing food safety; amending s.
35	570.48, F.S.; authorizing the Division of Fruit and
36	Vegetables to perform food safety inspections with respect
37	to tomatoes; amending s. 570.481, F.S.; requiring that
38	fees collected by the department to cover the costs of
39	tomato-related inspections be deposited into the General
40	Inspection Trust Fund and used for specified purposes;
41	repealing ss. 591.27-591.34, F.S., relating to the
42	designation, marking, and cutting of seed trees;
43	authorizing the department to conduct research projects on
44	citrus diseases that are recommended by the Florida Citrus
45	Production Research Advisory Council within appropriations
46	for such purpose; designating the Unit No. 2 Packing House
47	Building at the Palatka State Farmers' Market as the E.H.
48	"Gene" Downs Building; requiring the department to erect
49	suitable markers; creating the Consumer Fireworks Task
50	Force within the department for certain purposes;
51	providing legislative findings; providing for task force
52	membership and appointment of a chair and vice chair;
53	providing for per diem and travel expenses; requiring the
54	department to staff the task force; requiring a report to
55	the Legislature by a time certain; providing for abolition
56	of the task force; prohibiting the opening of certain
57	facilities engaged in the sale of fireworks after a time
58	certain; limiting the local permitting of temporary retail
59	sales facilities for consumer fireworks after a time
60	certain; preempting certain local government authority
61	regarding regulation of fireworks purchase, sale, or use
62	to the state after a time certain; providing for repeal of
63	certain provisions upon an affirmative action by the
64	Legislature; providing an effective date.
65
66	Be It Enacted by the Legislature of the State of Florida:
67
68	Section 1.  Present subsections (1), (2), (3), and (8) and
69	paragraph (d) of subsection (4) of section 487.041, Florida
70	Statutes, are amended, and a new subsection (1) is added to that
71	section, to read:
72	487.041  Registration.--
73	(1)(a)  Each brand of pesticide, as defined in s. 487.021,
74	that is distributed, sold, or offered for sale, except as
75	provided in this subsection, within this state or delivered for
76	transportation or transported in intrastate commerce or between
77	points within this state through any point outside this state
78	must be registered in the office of the department, and such
79	registration shall be renewed annually. Emergency exemptions
80	from registration may be authorized in accordance with the rules
81	of the department. The registrant shall file with the department
82	a statement including:
83	1.  The name, business mailing address, and street address
84	of the registrant.
85	2.  The name of the brand of pesticide.
86	3.  An ingredient statement and a complete copy of the
87	labeling accompanying the brand of the pesticide, which must
88	conform to the registration, and a statement of all claims to be
89	made for it, including directions for use and a guaranteed
90	analysis showing the names and percentages by weight of each
91	active ingredient, the total percentage of inert ingredients,
92	and the names and percentages by weight of each "added
93	ingredient."
94	(b)  For the purpose of defraying expenses of the
95	department in connection with carrying out the provisions of
96	this part, each person shall pay an annual registration fee of
97	$250 for each registered brand of pesticide. The annual
98	registration fee for each special local need label and
99	experimental use permit is $100. All registrations expire on
100	December 31 of each year. If the renewal of a brand of
101	pesticide, including the special local need label and
102	experimental use permit, is not filed by January 31 of the
103	renewal year, an additional fee of $25 per brand of pesticide
104	shall be assessed per month and added to the original fee. This
105	additional fee may not exceed $250 per brand of pesticide. The
106	additional fee must be paid by the registrant before the renewal
107	certificate for the registration of the brand of pesticide is
108	issued.
109	(c)  This subsection does not apply to distributors or
110	retail dealers selling brands of pesticide if such brands of
111	pesticide are registered by another person.
112	(d)  This subsection expires at midnight, December 31,
113	2008.
114	(2)(a)(1)  Effective January 1, 2009, each brand of Every
115	pesticide, as defined in s. 487.021, which is distributed, sold,
116	or offered for sale, except as provided in this section, within
117	this state or delivered for transportation or transported in
118	intrastate commerce or between points within this state through
119	any point outside this state must shall be registered in the
120	office of the department, and such registration shall be renewed
121	biennially annually. Emergency exemptions from registration may
122	be authorized in accordance with the rules of the department.
123	The registrant shall file with the department a statement
124	including:
125	1.(a)  The name, business mailing address, and street
126	address of the registrant.
127	2.(b)  The name of the brand of pesticide.
128	3.(c)  An ingredient statement and a complete copy of the
129	labeling accompanying the brand of the pesticide, which must
130	shall conform to the registration, and a statement of all claims
131	to be made for it, including directions for use and a guaranteed
132	analysis showing the names and percentages by weight of each
133	active ingredient, the total percentage of inert ingredients,
134	and the names and percentages by weight of each "added
135	ingredient."
136	(b)(2)  Effective January 1, 2009, for the purpose of
137	defraying expenses of the department in connection with carrying
138	out the provisions of this part, each person shall pay a
139	biennial an annual registration fee of $250 for each registered
140	brand of pesticide. The registration of each brand of pesticide
141	shall cover a designated 2-year period beginning on January 1 of
142	each odd-numbered year and expiring on December 31 of the
143	following year. The annual registration fee for each special
144	local need label and experimental use permit shall be $100. All
145	registrations expire on December 31 of each year. Nothing in
146	this section shall be construed as applying to distributors or
147	retail dealers selling pesticides when such pesticides are
148	registered by another person.
149	(c)  Each registration issued by the department to a
150	registrant for a period beginning in an odd-numbered year shall
151	be assessed a fee of $500 per brand of pesticide and a fee of
152	$200 for each special local need label and experimental use
153	permit, and the registration shall expire on December 31 of the
154	following year. Each registration issued by the department to a
155	registrant for a period beginning in an even-numbered year shall
156	be assessed a fee of $250 per brand of pesticide and fee of $100
157	for each special local need label and experimental use permit,
158	and the registration shall expire on December 31 of that year.
159	(d)  All revenues collected, less those costs determined by
160	the department to be nonrecurring or one-time costs, shall be
161	deferred over the 2-year registration period, deposited in the
162	General Inspection Trust Fund, and used by the department in
163	carrying out the provisions of this chapter.
164	(e)  If the renewal of a brand of pesticide, including the
165	special local need label and experimental use permit, is not
166	filed by January 31 of the renewal year, an additional fee of
167	$25 per brand of pesticide shall be assessed per month and added
168	to the original fee. This additional fee may not exceed $250 per
169	brand of pesticide. The additional fee must be paid by the
170	registrant before the renewal certificate for the registration
171	of the brand of pesticide is issued. The additional fee shall be
172	deposited into the General Inspection Trust Fund.
173	(f)  This subsection does not apply to distributors or
174	retail dealers selling brands of pesticide if such brands of
175	pesticide are registered by another person.
176	(3)  The department shall adopt rules governing the
177	procedures for the registration of a brand of pesticide
178	registration and for the review of data submitted by an
179	applicant for registration of the brand of a pesticide. The
180	department shall determine whether the brand of a pesticide
181	should be registered, registered with conditions, or tested
182	under field conditions in this state. The department shall
183	determine whether each request that all requests for
184	registration of a brand of pesticide meets registrations meet
185	the requirements of current state and federal law. The
186	department, whenever it deems it necessary in the administration
187	of this part, may require the manufacturer or registrant to
188	submit the complete formula, quantities shipped into or
189	manufactured in the state for distribution and sale, evidence of
190	the efficacy and the safety of any pesticide, and other relevant
191	data. The department may review and evaluate a registered
192	pesticide if new information is made available that which
193	indicates that use of the pesticide has caused an unreasonable
194	adverse effect on public health or the environment. Such review
195	shall be conducted upon the request of the Secretary of the
196	Department of Health in the event of an unreasonable adverse
197	effect on public health or the Secretary of the Department of
198	Environmental Protection in the event of an unreasonable adverse
199	effect on the environment. Such review may result in
200	modifications, revocation, cancellation, or suspension of the
201	registration of a brand of pesticide registration. The
202	department, for reasons of adulteration, misbranding, or other
203	good cause, may refuse or revoke the registration of the brand
204	of any pesticide, after notice to the applicant or registrant
205	giving the reason for the decision. The applicant may then
206	request a hearing, pursuant to chapter 120, on the intention of
207	the department to refuse or revoke registration, and, upon his
208	or her failure to do so, the refusal or revocation shall become
209	final without further procedure. The In no event shall
210	registration of a brand of pesticide may not be construed as a
211	defense for the commission of any offense prohibited under this
212	part.
213	(4)  The department, in addition to its other duties under
214	this section, has the power to:
215	(d)  Require a registrant who discontinues the distribution
216	of a brand of pesticide in this state to continue the
217	registration of the brand of the pesticide for a minimum of 2
218	years or until no more remains on retailers' retailer's shelves
219	if or 2 years after written notice to the department of date of
220	discontinuance; provided such continued registration or sale is
221	not specifically prohibited by the department or the United
222	States Environmental Protection Agency.
223	(8)  Nothing in This section does not affect affects the
224	authority of the department to administer the pesticide
225	registration program under this part or the authority of the
226	Commissioner of Agriculture to approve the registration of a
227	brand of pesticide.
228	Section 2.  Paragraphs (d) and (n) of subsection (1) of
229	section 500.03, Florida Statutes, are amended to read:
230	500.03  Definitions; construction; applicability.--
231	(1)  For the purpose of this chapter, the term:
232	(d)  "Bottled water" means a beverage, as described in 21
233	C.F.R. part 165 (2006)(1996), that is processed in compliance
234	with 21 C.F.R. part 129 (2006)(1996).
235	(n)  "Food establishment" means any factory, food outlet,
236	or any other facility manufacturing, processing, packing,
237	holding, or preparing food, or selling food at wholesale or
238	retail. The term does not include any business or activity that
239	is regulated under chapter 509 or chapter 601. The term includes
240	tomato packinghouses but also does not include any other
241	establishments that pack fruits and vegetables in their raw or
242	natural states, including those fruits or vegetables that are
243	washed, colored, or otherwise treated in their unpeeled, natural
244	form before they are marketed.
245	Section 3.  Paragraph (a) of subsection (3) of section
246	500.147, Florida Statutes, is amended to read:
247	500.147  Inspection of food establishments and vehicles;
248	food safety pilot program.--
249	(3)  For bottled water plants:
250	(a)  Bottled water must be from an approved source. Bottled
251	water must be processed in conformance with 21 C.F.R. part 129
252	(2006)(1996), and must conform to 21 C.F.R. part 165
253	(2006)(1996). A person operating a bottled water plant shall be
254	responsible for all water sampling and analyses required by this
255	chapter.
256	Section 4.  Section 502.012, Florida Statutes, is amended
257	to read:
258	502.012  Definitions.--The following definitions shall
259	apply in the interpretation and enforcement of this law:
260	(1)  "Bulk milk pickup tanker" means a vehicle, including
261	the truck and tank, and necessary attachments, used by a milk
262	hauler to transport bulk raw milk for pasteurization from a
263	dairy farm to a milk plant, receiving station, or transfer
264	station.
265	(2)  "Dairy farm" means any place or premises where one or
266	more cows, or goats, sheep, water buffalo, or other hooved
267	mammals are kept, and from which a part or all of the milk is
268	provided, sold, or offered for sale to a milk plant, receiving
269	station, or transfer station.
270	(3)  "Department" means the Department of Agriculture and
271	Consumer Services.
272	(4)(15)  "Grade 'A' pasteurized milk ordinance" means the
273	document entitled "Grade 'A' Pasteurized Milk Ordinance, United
274	States Department of Health and Human Services, Public Health
275	Service, /Food and Drug Administration Publication No. 229,"
276	including all associated appendices, as adopted by department
277	rule.
278	(5)(4)  "Imitation milk and imitation milk products" means
279	those foods that have the physical characteristics, such as
280	taste, flavor, body, texture, or appearance, of milk or milk
281	products as defined in this chapter and the Grade "A"
282	pasteurized milk ordinance, but do not come within the
283	definition definitions of "milk" or "milk products," and are
284	nutritionally inferior to the product imitated.
285	(6)(5)  "Milk" means the lacteal secretion, practically
286	free from colostrum, obtained by the complete milking of one or
287	more healthy cows, or goats, sheep, water buffalo, or other
288	hooved mammals.
289	(7)(6)  "Milk distributor" means any person who offers for
290	sale or sells to another person any milk or milk product.
291	(8)(7)  "Milk products" means products made with milk that
292	is processed in some manner, including being whipped, acidified,
293	cultured, concentrated, lactose-reduced, or sodium-reduced or
294	aseptically processed, or having the addition or subtraction of
295	milkfat, the addition of safe and suitable microbial organisms,
296	or the addition of safe and suitable optional ingredients for
297	protein, vitamin, or mineral fortification. "Milk products" do
298	not include products such as evaporated milk, condensed milk,
299	eggnog in a rigid metal container, dietary products, infant
300	formula, or ice cream and other desserts, dry milk products,
301	canned eggnog in a rigid metal container, butter, or cheese,
302	except when the products are combined with other substances to
303	produce any pasteurized or aseptically processed milk product.
304	(9)(8)  "Milkfat" or "butterfat" means the fat contained in
305	milk.
306	(10)(9)  "Milk hauler" means any person who transports raw
307	milk or raw milk products to or from a milk plant, receiving
308	station, or transfer station.
309	(11)(10)  "Milk plant" means any place, premises, or
310	establishment where milk or milk products are collected,
311	handled, processed, stored, pasteurized, aseptically processed,
312	bottled, or prepared for distribution.
313	(12)(11)  "Milk plant operator" means any person
314	responsible for receiving, processing, pasteurizing, or
315	packaging milk and milk products, or performing any other
316	related operation.
317	(13)(12)  "Milk producer" means any person who operates a
318	dairy farm and provides, sells, or offers for sale milk to a
319	milk plant, receiving station, or transfer station.
320	(14)(13)  "Milk tank truck" means either a bulk milk pickup
321	tanker or a milk transport tank.
322	(15)(14)  "Milk transport tank" means a vehicle, including
323	the truck and tank, used by a milk hauler to transport bulk
324	shipments of milk from a milk plant, receiving station, or
325	transfer station to another milk plant, receiving station, or
326	transfer station.
327	(16)  "Raw milk" means unprocessed milk.
328	(17)  "Receiving station" means any place, premises, or
329	establishment where raw milk is received, collected, handled,
330	stored, or cooled and is prepared for further transporting.
331	(18)  "Substitute milk and substitute milk products" means
332	those foods that have the physical characteristics, such as
333	taste, flavor, body, texture, or appearance, of milk or milk
334	products as defined in this chapter and the Grade "A"
335	pasteurized milk ordinance, but do not come within the
336	definition definitions of "milk" or "milk products," and are
337	nutritionally equivalent to the product for which they are
338	substitutes.
339	(19)  "Transfer station" means any place, premises, or
340	establishment where milk or milk products are transferred
341	directly from one milk tank truck to another.
342	(20)  "Washing station" means any place, premises, or
343	establishment where milk tank trucks are cleaned and sanitized.
344	Section 5.  Subsections (4) and (6) of section 502.014,
345	Florida Statutes, are amended to read:
346	502.014  Powers and duties.--
347	(4)  The department shall define by rule "cottage cheese,"
348	and "dry-curd cottage cheese," and "lowfat cottage cheese." The
349	department shall periodically update these definitions to
350	maintain conformity with the federal definitions.
351	(6)  The department has authority to adopt rules pursuant
352	to ss. 120.536(1) and 120.54 to implement and enforce the
353	provisions of this chapter. In adopting these rules, the
354	department shall be guided by and may conform to the definitions
355	and standards of the administrative procedures and provisions of
356	the Grade "A" pasteurized milk ordinance. The rules shall
357	include, but are not limited to:
358	(a)  Standards for milk and milk products.
359	(b)  Provisions for the production, transportation,
360	processing, handling, sampling, examination, grading, labeling,
361	and sale of all milk and milk products and imitation and
362	substitute milk and milk products sold for public consumption in
363	this state.
364	(c)  Provisions for the inspection of dairy herds, dairy
365	farms, and milk plants.
366	(d)  Provisions for the issuance and revocation of permits
367	issued by the department pursuant to this chapter.
368	Section 6.  Paragraph (a) of subsection (1), subsection
369	(2), and paragraph (a) of subsection (4) of section 502.053,
370	Florida Statutes, are amended to read:
371	502.053  Permits; requirements; exemptions; temporary
372	permits.--
373	(1)  PERMITS.--
374	(a)  Each Grade A milk plant, whether located in the state
375	or outside the state, and each manufacturing milk plant, milk
376	producer, milk hauler, milk hauling service, washing station
377	operator, milk plant operator, milk distributor, single-service-
378	container manufacturer, receiving station, and transfer station
379	in the state, shall apply to the department for a permit to
380	operate. The application shall be on forms developed by the
381	department.
382	(2)  REQUIREMENTS.--
383	(a)  To obtain a permit, an applicant must satisfy all
384	requirements that are defined by the department in rule and must
385	agree to comply with the applicable provisions of this chapter
386	and rules adopted promulgated under this chapter.
387	(b)  All permitholders must maintain records of
388	transactions concerning the procurement, production, and
389	processing of milk and milk products as required in the Grade
390	"A" pasteurized milk ordinance and grant department inspectors
391	access to such records during all reasonable hours.
392	(c)  In addition to the testing required in the Grade "A"
393	pasteurized milk ordinance and its appendices, each milk plant
394	operator in the state shall be responsible for routine testing
395	and inspection of raw milk shipped from outside the state prior
396	to processing and shall notify the department when such testing
397	and inspection indicate indicates a violation of the standards
398	contained in the Grade "A" pasteurized milk ordinance.
399	(4)  TEMPORARY PERMITS.--
400	(a)  The department may issue a temporary permit for a
401	period not exceeding 90 days to milk producers and milk haulers
402	who have submitted an application to the department and passed a
403	preliminary inspection as required in the Grade "A" pasteurized
404	milk ordinance.
405	Section 7.  Section 502.054, Florida Statutes, is amended
406	to read:
407	502.054  Inspection and reinspection.--The department shall
408	establish a schedule for inspections which shall require routine
409	inspections in accordance with the minimum requirements
410	contained in the Grade "A" pasteurized milk ordinance and more
411	frequent inspections or reinspections for permitholders with
412	serious or repeated violations.
413	Section 8.  Subsection (1) of section 502.091, Florida
414	Statutes, is amended to read:
415	502.091  Milk and milk products which may be sold.--
416	(1)  Only Grade A pasteurized milk and milk products,
417	pasteurized manufactured milk products, and cheese made from
418	pasteurized milk shall be sold at retail to the final consumer
419	or to food service establishments as defined in chapter 381,
420	food establishments as defined in chapter 500, or public food
421	service establishments as defined in chapter 509 restaurants,
422	soda fountains, grocery stores, or similar establishments.
423	Cheese made from raw milk may also be sold at retail to the
424	final consumer or to food service establishments as defined in
425	chapter 381, food establishments as defined in chapter 500, or
426	public food service establishments as defined in chapter 509 if
427	the cheese is aged more than 60 days at a temperature above 35°
428	35° F.
429	(a)  In an emergency, however, the department may authorize
430	the sale of reconstituted pasteurized milk products, or
431	pasteurized milk and milk products that have not been graded or
432	the grade of which that is unknown, in which case such milk and
433	milk products shall be appropriately labeled, as determined by
434	the department.
435	(b)  If the department determines that milk is fit for
436	human consumption even though it is less than Grade A because
437	the producer failed to comply with the sanitation or bacterial
438	standards defined in this chapter, or if any specific shipment
439	of milk fails to comply with standards of the Grade "A"
440	pasteurized milk ordinance, the department may issue a permit
441	allowing the milk to be used in ungraded products, such as
442	frozen desserts, which are being processed by such milk plant.
443	During processing of such milk, it shall be pasteurized at a
444	temperature of at least 175° F. for at least 15 seconds or at
445	least 160° F. for at least 30 minutes.
446	Section 9.  Paragraph (e) is added to subsection (2) of
447	section 570.07, Florida Statutes, and subsection (6) of that
448	section is amended, to read:
449	570.07  Department of Agriculture and Consumer Services;
450	functions, powers, and duties.--The department shall have and
451	exercise the following functions, powers, and duties:
452	(2)  To perform all regulatory and inspection services
453	relating to agriculture except agricultural education,
454	demonstration, research, and those regulatory functions assigned
455	by law to other state agencies. In doing this, the department
456	may:
457	(e)  Except as expressly prohibited by law, use any of the
458	trained personnel in the various divisions of the department in
459	performing the regulatory and inspection services relating to
460	agriculture.
461	(6)  To foster and encourage the standardizing, grading,
462	inspection, labeling, handling, storage, and marketing of
463	agricultural products; to enhance the food safety of tomatoes;
464	and, after investigation and public hearings, to cooperate with
465	the United States Department of Agriculture, to establish and
466	promulgate standard grades and other standard classifications of
467	and for agricultural products; and to establish and adopt
468	requirements for enhancing food safety in cooperation with
469	appropriate agencies.
470	Section 10.  Paragraph (e) of subsection (2) of section
471	570.48, Florida Statutes, is redesignated as paragraph (f), and
472	a new paragraph (e) is added to that subsection to read:
473	570.48  Division of Fruit and Vegetables; powers and
474	duties; records.--The duties of the Division of Fruit and
475	Vegetables include, but are not limited to:
476	(2)
477	(e)  Performing tomato food safety inspections on tomato
478	farms, in tomato greenhouses, and in tomato packinghouses and
479	repackers.
480	Section 11.  Subsections (1) and (2) of section 570.481,
481	Florida Statutes, are amended to read:
482	570.481  Fruit and vegetable inspection fees; penalty.--
483	(1)(a)  Each person receiving inspection services pursuant
484	to s. 570.48 shall pay to the department an inspection fee. This
485	fee shall cover the cost of providing the inspection service and
486	shall be set annually by the department by rule.
487	(b)  All fees collected by the department to cover the cost
488	of providing the inspection service for farms or greenhouses
489	growing tomatoes or for tomato packinghouses and repackers shall
490	be deposited into the General Inspection Trust Fund and shall be
491	used for tomato-related inspections, education, and research.
492	(2)  All fees collected by the department under this
493	section shall be deposited into the Citrus Inspection Trust
494	Fund, except that fees collected pursuant to paragraph (1)(b)
495	and s. 570.48(4) shall be deposited in the General Inspection
496	Trust Fund.
497	Section 12.  Sections 591.27, 591.28, 591.29, 591.30,
498	591.31, 591.32, 591.33, and 591.34, Florida Statutes, are
499	repealed.
500	Section 13.  The Department of Agriculture and Consumer
501	Services shall conduct or cause to be conducted those research
502	projects on citrus diseases, including, but not limited to,
503	citrus canker and citrus greening, that are recommended by the
504	Florida Citrus Production Research Advisory Council within the
505	limits of appropriations made specifically for such purpose.
506	Section 14.  (1)  The Unit No. 2 Packing House Building at
507	the Palatka State Farmers' Market is designated as the "E.H.
508	'Gene' Downs Building."
509	(2)  The Department of Agriculture and Consumer Services is
510	directed to erect a suitable marker designating the E.H. "Gene"
511	Downs Building as described in subsection (1).
512	Section 15.  Consumer Fireworks Task Force.--
513	(1)  The Legislature finds that:
514	(a)  The state regulation of consumer fireworks in Florida
515	provides an insufficient definition of consumer fireworks and
516	related products used by consumers;
517	(b)  There is a need for better training and education
518	concerning the safe use of consumer fireworks;
519	(c)  There should be a mechanism to help local governments
520	fund the clean up following the use of consumer fireworks on
521	public property;
522	(d)  Local government regulation of the agricultural uses
523	authorized by s. 791.07, Florida Statutes, may be inconsistent
524	with legitimate agricultural purposes;
525	(e)  There is a need for consumer education relating to
526	safety standards in the use of consumer fireworks;
527	(f)  There is a need for standards concerning tents and
528	other temporary retail facilities selling consumer fireworks;
529	and
530	(g)  The state would benefit from additional funding for
531	the training and education of fire officials.
532	(2)(a)  There is hereby created the Consumer Fireworks Task
533	Force within the Department of Agriculture and Consumer Services
534	for the purpose of studying the issues concerning the use of and
535	proper use of consumer fireworks; regulation of sales and of
536	temporary sale facilities for consumer fireworks; regulation of
537	the hours and location of the use of consumer fireworks; the
538	property zoning classification for sales facilities for consumer
539	fireworks; studying the funding options for fire official
540	training and education; and studying the funding options for
541	clean up of expended consumer fireworks products.
542	(b)1.  The task force shall consist of eight members
543	appointed as follows: two members appointed by the President of
544	the Senate, one of whom shall be a representative from a list of
545	nominees of a municipal government in the state and one of whom
546	shall be a representative of the industry; two members appointed
547	by the Speaker of the House of Representatives, one of whom
548	shall be a representative from a list of nominees of a county
549	government in the state and one of whom shall be a
550	representative of the industry; three members appointed by the
551	Commissioner of Agriculture, one of whom shall be a
552	representative of the Division of Forestry and one of whom shall
553	be a representative of the industry; and one member appointed by
554	the Chief Financial Officer.
555	2.  Members shall choose a chair and vice chair from the
556	membership of the task force.
557	3.  Members shall serve without compensation, except that
558	members are entitled to per diem and travel expenses, pursuant
559	to s. 112.061, Florida Statutes, incurred in the performance of
560	their duties.
561	(3)  Staffing for the task force shall be provided by the
562	Department of Agriculture and Consumer Services.
563	(4)  The task force shall review and evaluate the issues
564	identified in paragraph (2)(a) and take public input and
565	testimony concerning the issues. A report of the recommendations
566	and findings of the task force shall be submitted to the
567	President of the Senate and the Speaker of the House of
568	Representatives by January 15, 2008, and the task force shall be
569	abolished upon the transmittal of the report.
570	(5)  Pending the completion of the Legislature's review of
571	the report by the task force and to ensure uniform fire
572	prevention and safety standards for the use of consumer
573	fireworks, no new permanent retail sales facilities engaged in
574	sales permitted by s. 791.07, Florida Statutes, shall be opened
575	within the state after March 8, 2007, unless such permanent
576	retail sales facility has received site plan approval and
577	construction has begun as of March 8, 2007; permits for
578	temporary retail sales facilities, such as tents, engaged in
579	sales permitted by s. 791.07, Florida Statutes, issued after
580	March 8, 2007, by any county, municipality, or other unit of
581	local government shall not exceed the number of permits issued
582	for such facilities by such governmental entity for the previous
583	calendar year; and no county, municipality, or other unit of
584	local government shall have any authority to enact any
585	ordinance, rule, regulation, or other law after March 8, 2007,
586	that directly prohibits or directly interferes with the safety
587	standards established by state law or the right to purchase,
588	sell, use, or possess consumer fireworks in this state. This
589	subsection shall stand repealed on July 1, 2008, if the
590	Legislature enacts legislation to provide for the comprehensive
591	regulation of fire prevention and safety standards for the use
592	of consumer fireworks to replace this provision.
593	Section 16.  This act shall take effect July 1, 2007.

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