Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 2076
       
       
       
       
       
       
                                Barcode 521912                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/13/2011           .                                
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       The Committee on Budget Subcommittee on General Government
       Appropriations (Hill) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2) of section 20.14, Florida
    6  Statutes, is amended to read:
    7         20.14 Department of Agriculture and Consumer Services.
    8  There is created a Department of Agriculture and Consumer
    9  Services.
   10         (2) The following divisions of the Department of
   11  Agriculture and Consumer Services are established:
   12         (a) Administration.
   13         (b) Agricultural Environmental Services.
   14         (c) Animal Industry.
   15         (d) Aquaculture.
   16         (e) Consumer Services.
   17         (f) Dairy Industry.
   18         (f)(g) Food Safety.
   19         (g)(h) Forestry.
   20         (h)(i) Fruit and Vegetables.
   21         (i)(j) Licensing.
   22         (j)(k) Marketing and Development.
   23         (k)(l) Plant Industry.
   24         (l)(m) Standards.
   25         Section 2. Subsection (5) of section 193.461, Florida
   26  Statutes, as amended by section 1 of chapter 2010-277, Laws of
   27  Florida, is amended to read:
   28         193.461 Agricultural lands; classification and assessment;
   29  mandated eradication or quarantine program.—
   30         (5) For the purpose of this section, “agricultural
   31  purposes” includes, but is not limited to, horticulture;
   32  floriculture; viticulture; forestry; dairy; livestock; poultry;
   33  bee; pisciculture, when the land is used principally for the
   34  production of tropical fish; aquaculture; sod farming; and all
   35  forms of farm products, as defined in s. 823.14(3)(c), and farm
   36  production.
   37         Section 3. Subsection (2) of section 215.981, Florida
   38  Statutes, is amended to read:
   39         215.981 Audits of state agency direct-support organizations
   40  and citizen support organizations.—
   41         (2) Notwithstanding the provisions of subsection (1),
   42  direct-support organizations and citizen support organizations
   43  for the Department of Environmental Protection or direct-support
   44  organizations and citizen support organizations for the
   45  Department of Agriculture and Consumer Services which that are
   46  not for profit and which that have annual expenditures of less
   47  than $300,000 are not required to have an independent audit. The
   48  department shall establish accounting and financial management
   49  guidelines for those organizations under the department’s
   50  jurisdiction. Each year, the department shall conduct
   51  operational and financial reviews of a selected number of
   52  direct-support organizations or citizen support organizations
   53  which fall below the audit threshold established in this
   54  subsection.
   55         Section 4. Paragraph (b) of subsection (2) of section
   56  253.02, Florida Statutes, is amended to read:
   57         253.02 Board of trustees; powers and duties.—
   58         (2)
   59         (b) The authority of the board of trustees to grant
   60  easements for rights-of-way over, across, and upon uplands the
   61  title to which is vested in the board of trustees for the
   62  construction and operation of electric transmission and
   63  distribution facilities and related appurtenances is hereby
   64  confirmed. The board of trustees may delegate to the Secretary
   65  of Environmental Protection the authority to grant such
   66  easements on its behalf. All easements for rights-of-way over,
   67  across, and upon uplands the title to which is vested in the
   68  board of trustees for the construction and operation of electric
   69  transmission and distribution facilities and related
   70  appurtenances which are approved by the Secretary of
   71  Environmental Protection pursuant to the authority delegated by
   72  the board of trustees shall meet the following criteria:
   73         1. Such easements shall not prevent the use of the state
   74  owned uplands adjacent to the easement area for the purposes for
   75  which such lands were acquired and shall not unreasonably
   76  diminish the ecological, conservation, or recreational values of
   77  the state-owned uplands adjacent to the easement area.
   78         2. There is no practical and prudent alternative to
   79  locating the linear facility and related appurtenances on state
   80  owned upland. For purposes of this subparagraph, the test of
   81  practicality and prudence shall compare the social, economic,
   82  and environmental effects of the alternatives.
   83         3. Appropriate steps are taken to minimize the impacts to
   84  state-owned uplands. Such steps may include:
   85         a. Siting of facilities so as to reduce impacts and
   86  minimize fragmentation of the overall state-owned parcel;
   87         b. Avoiding significant wildlife habitat, wetlands, or
   88  other valuable natural resources to the maximum extent
   89  practicable; or
   90         c. Avoiding interference with active land management
   91  practices, such as prescribed burning.
   92         4. Except for easements granted as a part of a land
   93  exchange to accomplish a recreational or conservation benefit or
   94  other public purpose, in exchange for such easements, the
   95  grantee pays an amount equal to the market value of the interest
   96  acquired. In addition, for the initial grant of such easements
   97  only, the grantee shall provide additional compensation by
   98  vesting in the board of trustees fee simple title to other
   99  available uplands that are 1.5 times the size of the easement
  100  acquired by the grantee. The Secretary of Environmental
  101  Protection shall approve the property to be acquired on behalf
  102  of the board of trustees based on the geographic location in
  103  relation to the land proposed to be under easement and a
  104  determination that economic, ecological, and recreational value
  105  is at least equivalent to the value of the lands under proposed
  106  easement. Priority for replacement uplands shall be given to
  107  parcels identified as inholdings and additions to public lands
  108  and lands on a Florida Forever land acquisition list. However,
  109  if suitable replacement uplands cannot be identified, the
  110  grantee shall provide additional compensation for the initial
  111  grant of such easements only by paying to the lead manager of
  112  the state-owned lands or, when there is no lead manager, by
  113  paying to the department an amount equal to two times the
  114  current market value of the state-owned land or the highest and
  115  best use value at the time of purchase, whichever is greater.
  116  When determining such use of funds, priority shall be given to
  117  forest-management objectives, parcels identified as inholdings
  118  and additions to public lands, and lands on a Florida Forever
  119  land acquisition list.
  120         Section 5. Subsection (5) of section 261.04, Florida
  121  Statutes, is amended to read:
  122         261.04 Off-Highway Vehicle Recreation Advisory Committee;
  123  members; appointment.—
  124         (5) The members of the advisory committee shall serve
  125  without compensation, but shall be reimbursed for travel and per
  126  diem expenses as provided in s. 112.061, while in the
  127  performance of their official duties.
  128         Section 6. Subsection (4) of section 482.051, Florida
  129  Statutes, is amended to read:
  130         482.051 Rules.—The department has authority to adopt rules
  131  pursuant to ss. 120.536(1) and 120.54 to implement the
  132  provisions of this chapter. Prior to proposing the adoption of a
  133  rule, the department shall counsel with members of the pest
  134  control industry concerning the proposed rule. The department
  135  shall adopt rules for the protection of the health, safety, and
  136  welfare of pest control employees and the general public which
  137  require:
  138         (4) That a licensee, before performing general fumigation,
  139  notify in writing the department inspector having jurisdiction
  140  over the location where the fumigation is to be performed, which
  141  notice must be received by the department inspector at least 24
  142  hours in advance of the fumigation and must contain such
  143  information as the department requires. However, in an authentic
  144  and verifiable emergency, when 24 hours’ advance notification is
  145  not possible, advance telephone, facsimile, or any form of
  146  acceptable electronic communication telegraph notice may be
  147  given; but such notice must be immediately followed by written
  148  confirmation providing the required information.
  149         Section 7. Subsection (4) of section 482.071, Florida
  150  Statutes, is amended to read:
  151         482.071 Licenses.—
  152         (4) A licensee may not operate a pest control business
  153  without carrying the required insurance coverage. Each person
  154  making application for a pest control business license or
  155  renewal thereof must furnish to the department a certificate of
  156  insurance that meets the requirements for minimum financial
  157  responsibility for bodily injury and property damage consisting
  158  of:
  159         (a) Bodily injury: $250,000 $100,000 each person and
  160  $500,000 $300,000 each occurrence; and property damage: $250,000
  161  $50,000 each occurrence and $500,000 $100,000 in the aggregate;
  162  or
  163         (b) Combined single-limit coverage: $500,000 $400,000 in
  164  the aggregate.
  165         Section 8. Section 482.072, Florida Statutes, is created to
  166  read:
  167         482.072Customer contact centers for pest control
  168  business.—
  169         (1) The department may issue a license to a qualified
  170  business to operate a customer contact center to solicit pest
  171  control business, or to provide services to customers for one or
  172  more business locations licensed under s. 482.071. A person may
  173  not operate a customer contact center for a pest control
  174  business that is not licensed by the department.
  175         (2)(a) Before operating a customer contact center, and
  176  biennially thereafter, a pest control business shall apply to
  177  the department for a license under this chapter, or a renewal
  178  thereof, for each location of a customer contact center, on or
  179  before an anniversary date set by the department for the
  180  location of the customer contact center. An application must be
  181  submitted in the format prescribed by the department.
  182         (b) The department shall establish a fee of at least $600,
  183  but not more than $1,000, for the issuance of the initial
  184  license for a customer contact center, and a renewal fee of at
  185  least $600, but not more than $1,000, for the renewal of the
  186  license. However, until rules for renewal fees are adopted, the
  187  initial licensing fee and renewal fee are each $600. The
  188  department shall establish a grace period, not to exceed 30
  189  calendar days after the license’s anniversary renewal date, and
  190  shall assess a late fee of $150, in addition to the renewal fee,
  191  for a license that is renewed after the grace period.
  192         (c) A license automatically expires 60 calendar days after
  193  the anniversary renewal date unless the license is renewed
  194  before that date. When a license expires, it may be reinstated
  195  only upon reapplication and payment of the license renewal fee
  196  and a late renewal fee.
  197         (d) A license automatically expires if a licensee changes
  198  the address of the location of its customer contact center for a
  199  pest control business. The department shall issue a new license
  200  upon payment of a $250 fee. The new license automatically
  201  expires 60 calendar days after the anniversary renewal date of
  202  the former license unless the license is renewed before that
  203  date.
  204         (e) The department may not issue or renew a license to
  205  operate a customer contact center unless the licensee for the
  206  pest control business for which the center solicits business is
  207  owned in common by a person or business entity recognized by
  208  this state.
  209         (f) The department may deny a license or refuse to renew a
  210  license if the applicant or licensee, or one or more of the
  211  applicant’s or licensee’s directors, officers, owners, or
  212  general partners, are or have been directors, officers, owners,
  213  or general partners of a pest control business that meets the
  214  conditions as described in s. 482.071(2)(g).
  215         (g) Sections 482.091 and 482.152 do not apply to a person
  216  who solicits pest control services or provides customer service
  217  in a licensed customer contact center unless the person performs
  218  the pest control work as defined in s. 482.021(22)(a)-(d),
  219  executes a pest control contract, or accepts remuneration for
  220  such work.
  221         (h) Section 482.071(2)(e) does not apply to a license
  222  issued under this section.
  223         (3)(a) The department shall adopt rules establishing
  224  requirements and procedures for recordkeeping and for monitoring
  225  the operations of a customer contact center in order to ensure
  226  compliance with this section and the rules adopted in accordance
  227  with this section.
  228         (b) Notwithstanding any other provision in this section:
  229         1. A licensee of a customer contact center is subject to
  230  disciplinary action under s. 482.161 for a violation of this
  231  section or adopted rule which is committed by a person who
  232  solicits pest control services or provides customer service in a
  233  customer contact center.
  234         2. A licensee of a pest control business may be subject to
  235  disciplinary action under s. 482.161 for a violation that is
  236  committed by a person who solicits pest control services or
  237  provides customer service in a customer contact center operated
  238  by a licensee if the licensee participates in the violation.
  239         Section 9. Section 482.157, Florida Statutes, is created to
  240  read:
  241         482.157Limited certification for commercial wildlife
  242  management personnel.—
  243         (1) The department shall establish a limited certificate
  244  that authorizes a person who engages in the commercial trapping
  245  of wildlife to use nonchemical methods, including traps, glue
  246  boards, mechanical or electronic devices, or exclusionary
  247  techniques to control commensal rodents.
  248         (2) A person that seeks a limited certificate under this
  249  section is required to pass an examination given by the
  250  department. Each application for examination must be accompanied
  251  by an examination fee set by rule of the department, in an
  252  amount of at least $150, but not more than $300. The department
  253  shall provide the appropriate reference materials for the
  254  examination and shall make the examination readily available to
  255  applicants at least quarterly or as necessary in each county.
  256  Before the department issues a limited certificate under this
  257  section, each person that applies for the certificate shall
  258  furnish proof of having a certificate of insurance which states
  259  that the person’s employer meets the requirements for minimum
  260  financial responsibility for bodily injury and property damage
  261  as required by s. 482.071(4).
  262         (3) An application for recertification must be made
  263  annually and be accompanied by a recertification fee of at least
  264  $75, but not more than $150, as established by rule. The
  265  application must also be accompanied by proof of completion of
  266  four classroom hours of acceptable continuing education and
  267  proof of insurance. The department shall assess a late fee of
  268  $50, in addition to the renewal fee, after a grace period not
  269  exceeding 30 calendar days after the recertification renewal
  270  date. A certificate automatically expires 180 calendar days
  271  after the recertification date if the renewal fee has not been
  272  paid. After expiration, the department shall issue a new
  273  certificate if the applicant successfully passes the examination
  274  and pays the renewal fee and late fee.
  275         (4) Certification under this section does not authorize:
  276         (a) The use of pesticides or chemical substances, other
  277  than adhesive materials, to control rodents or other nuisance
  278  wildlife in, on, or under structures;
  279         (b) Operation of a pest control business; or
  280         (c) Supervision of an uncertified person using nonchemical
  281  methods to control rodents.
  282         (5) A person who is certified under this chapter and who
  283  practices accepted methods of pest control is immune from
  284  liability under s. 828.12.
  285         (6) The provisions of this chapter do not exempt any person
  286  from the rules or orders of the Fish and Wildlife Conservation
  287  Commission.
  288         Section 10. Subsection (6) of section 482.226, Florida
  289  Statutes, is amended to read:
  290         482.226 Wood-destroying organism inspection report; notice
  291  of inspection or treatment; financial responsibility.—
  292         (6) Any licensee that performs wood-destroying organism
  293  inspections in accordance with subsection (1) must meet minimum
  294  financial responsibility in the form of errors and omissions
  295  (professional liability) insurance coverage or bond in an amount
  296  no less than $500,000 $50,000 in the aggregate and $250,000
  297  $25,000 per occurrence, or demonstrate that the licensee has
  298  equity or net worth of no less than $500,000 $100,000 as
  299  determined by generally accepted accounting principles
  300  substantiated by a certified public accountant’s review or
  301  certified audit. The licensee must show proof of meeting this
  302  requirement at the time of license application or renewal
  303  thereof.
  304         Section 11. Subsection (6) of section 482.243, Florida
  305  Statutes, is amended to read:
  306         482.243 Pest Control Enforcement Advisory Council.—
  307         (6) The meetings, powers and duties, procedures, and
  308  recordkeeping, and reimbursement of expenses of members of the
  309  council shall be in accordance with the provisions of s.
  310  570.0705 relating to advisory committees established within the
  311  department.
  312         Section 12. Paragraph (a) of subsection (1) of section
  313  487.041, Florida Statutes, is amended, and paragraphs (h), (i),
  314  and (j) are added to that subsection, to read:
  315         487.041 Registration.—
  316         (1)(a) Effective January 1, 2009, each brand of pesticide,
  317  as defined in s. 487.021, which is distributed, sold, or offered
  318  for sale, except as provided in this section, within this state
  319  or delivered for transportation or transported in intrastate
  320  commerce or between points within this state through any point
  321  outside this state must be registered in the office of the
  322  department, and such registration shall be renewed biennially.
  323  Emergency exemptions from registration may be authorized in
  324  accordance with the rules of the department. The registrant
  325  shall file with the department a statement including:
  326         1. The name, business mailing address, and street address
  327  of the registrant.
  328         2. The name of the brand of pesticide.
  329         3. An ingredient statement and a complete, current copy of
  330  the label labeling accompanying the brand of the pesticide,
  331  which must conform to the registration, and a statement of all
  332  claims to be made for it, including directions for use and a
  333  guaranteed analysis showing the names and percentages by weight
  334  of each active ingredient, the total percentage of inert
  335  ingredients, and the names and percentages by weight of each
  336  “added ingredient.”
  337         (h) All registration fees, including supplemental fees and
  338  late fees, are nonrefundable.
  339         (i) For any currently registered pesticide product brand
  340  that undergoes label revision during the registration period,
  341  the registrant shall submit to the department a copy of the
  342  revised label along with the cover letter detailing changes
  343  before the sale or distribution of a product brand with the
  344  revised label in this state. If the label revisions require
  345  notification of an amendment review by the United States
  346  Environmental Protection Agency, the registrant shall submit an
  347  additional copy of the label marked to identify those revisions.
  348         (j) Effective January 1, 2013, all payments of any
  349  pesticide-registration fees, including supplemental fees and
  350  late fees, shall be submitted electronically using the
  351  department’s website to register a brand of a pesticide product.
  352         Section 13. Subsection (5) of section 487.0615, Florida
  353  Statutes, is amended to read:
  354         487.0615 Pesticide Review Council.—
  355         (5) Members of the council shall receive no compensation
  356  for their services, but are entitled to be reimbursed for per
  357  diem and travel expenses as provided in s. 112.061.
  358         Section 14. Subsection (7) is added to section 500.70,
  359  Florida Statutes, to read:
  360         500.70 Tomato food safety standards; inspections;
  361  penalties; tomato good agricultural practices; tomato best
  362  management practices.—
  363         (7) Any person who produces, harvests, packs, or repacks
  364  tomatoes in this state and does not hold a food permit issued
  365  under s. 500.12, shall annually register the location of each
  366  tomato farm, tomato greenhouse, tomato packinghouse, or tomato
  367  repacker by August 1 on a form prescribed by the department. Any
  368  person who produces, harvests, packs, or repacks tomatoes at
  369  more than one location may submit one registration for all such
  370  locations, but must provide the physical address of each
  371  location. The department may set by rule an annual registration
  372  fee not to exceed $500. The money collected from the
  373  registration fee payments shall be deposited into the General
  374  Inspection Trust Fund.
  375         Section 15. Subsection (5) of section 527.22, Florida
  376  Statutes, is amended to read:
  377         527.22 Florida Propane Gas Education, Safety, and Research
  378  Council established; membership; duties and responsibilities.—
  379         (5) Council members shall receive no compensation or
  380  honorarium for their services, and are authorized to receive
  381  only per diem and reimbursement for travel expenses as provided
  382  in s. 112.061.
  383         Section 16. Subsection (3) of section 559.9221, Florida
  384  Statutes, is amended to read:
  385         559.9221 Motor Vehicle Repair Advisory Council.—The Motor
  386  Vehicle Repair Advisory Council is created to advise and assist
  387  the department in carrying out this part.
  388         (3) The members of the council shall receive no
  389  compensation for their services, except that they may receive
  390  per diem and travel expenses as provided in s. 112.061.
  391         Section 17. Subsections (16) and (28) of section 570.07,
  392  Florida Statutes, are amended to read:
  393         570.07 Department of Agriculture and Consumer Services;
  394  functions, powers, and duties.—The department shall have and
  395  exercise the following functions, powers, and duties:
  396         (16) To enforce the state laws and rules relating to:
  397         (a) Fruit and vegetable inspection and grading;
  398         (b) Pesticide spray, residue inspection, and removal;
  399         (c) Registration, labeling, inspection, sale, composition,
  400  formulation, including nutrient content and release rates,
  401  distribution, and analysis of commercial stock feeds and
  402  commercial fertilizers;
  403         (d) Classification, inspection, and sale of poultry and
  404  eggs;
  405         (e) Registration, inspection, and analysis of gasolines and
  406  oils;
  407         (f) Registration, labeling, inspection, and analysis of
  408  pesticides;
  409         (g) Registration, labeling, inspection, germination
  410  testing, and sale of seeds, both common and certified;
  411         (h) Weights, measures, and standards;
  412         (i) Foods, as set forth in the Florida Food Safety Act;
  413         (j) Inspection and certification of honey;
  414         (k) Sale of liquid fuels;
  415         (l) Licensing of dealers in agricultural products;
  416         (m) Administration and enforcement of all regulatory
  417  legislation applying to milk and milk products, ice cream, and
  418  frozen desserts;
  419         (n) Recordation and inspection of marks and brands of
  420  livestock; and
  421         (o) All other regulatory laws relating to agriculture.
  422  
  423  In order to ensure uniform health and safety standards, the
  424  adoption of standards and fines in the subject areas of
  425  paragraphs (a)-(n) is expressly preempted to the state and the
  426  department. Any local government enforcing the subject areas of
  427  paragraphs (a)-(n) must use the standards and fines set forth in
  428  the pertinent statutes or any rules adopted by the department
  429  pursuant to those statutes. A county that has adopted an
  430  ordinance regulating the sale of urban turf fertilizer before
  431  January 1, 2011, is not subject to paragraph (c). If the county
  432  amends or changes any portion of the ordinance after January 1,
  433  2011, the provisions of paragraph (c) apply.
  434         (28) For the purpose of pollution control and the
  435  prevention of wildfires purposes, to regulate open burning
  436  connected with rural land-clearing, agricultural, or forestry
  437  operations, except fires for cold or frost protection.
  438         Section 18. Subsection (9) of section 570.0705, Florida
  439  Statutes, is amended to read:
  440         570.0705 Advisory committees.—From time to time the
  441  commissioner may appoint any advisory committee to assist the
  442  department with its duties and responsibilities.
  443         (9) Members of each advisory committee shall receive no
  444  compensation for their services, but shall be entitled to
  445  reimbursement for per diem and travel expenses as provided in s.
  446  112.061.
  447         Section 19. Section 570.074, Florida Statutes, is amended
  448  to read:
  449         570.074 Department of Agriculture and Consumer Services;
  450  energy and water policy coordination.—The commissioner may
  451  create an Office of Energy and Water Coordination under the
  452  supervision of a senior manager exempt under s. 110.205 in the
  453  Senior Management Service. The commissioner may designate the
  454  bureaus and positions in the various organizational divisions of
  455  the department which that report to this office relating to any
  456  matter over which the department has jurisdiction in matters
  457  relating to energy and water policy affecting agriculture,
  458  application of such policies, and coordination of such matters
  459  with state and federal agencies.
  460         Section 20. Section 570.18, Florida Statutes, is amended to
  461  read:
  462         570.18 Organization of departmental work.—In the assignment
  463  of functions to the 12 divisions of the department created in s.
  464  570.29, the department shall retain within the Division of
  465  Administration, in addition to executive functions, those powers
  466  and duties enumerated in s. 570.30. The department shall
  467  organize the work of the other 11 divisions in such a way as to
  468  secure maximum efficiency in the conduct of the department. The
  469  divisions created in s. 570.29 are solely to make possible the
  470  definite placing of responsibility. The department shall be
  471  conducted as a unit in which every employee, including each
  472  division director, is assigned a definite workload, and there
  473  shall exist between division directors a spirit of cooperative
  474  effort to accomplish the work of the department.
  475         Section 21. Subsection (2) of section 570.23, Florida
  476  Statutes, is amended to read:
  477         570.23 State Agricultural Advisory Council.—
  478         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
  479  COMPENSATION.—The meetings, powers and duties, procedures, and
  480  recordkeeping of the State Agricultural Advisory Council, and
  481  per diem and reimbursement of expenses of council members, shall
  482  be governed by the provisions of s. 570.0705 relating to
  483  advisory committees established within the department.
  484         Section 22. Subsection (6) of section 570.29, Florida
  485  Statutes, is repealed.
  486         Section 23. Subsection (2) of section 570.38, Florida
  487  Statutes, is amended to read:
  488         570.38 Animal Industry Technical Council.—
  489         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
  490  COMPENSATION.—The meetings, powers and duties, procedures, and
  491  recordkeeping of the Animal Industry Technical Council, and per
  492  diem and reimbursement of expenses of council members, shall be
  493  governed by the provisions of s. 570.0705 relating to advisory
  494  committees established within the department.
  495         Section 24. Paragraph (d) of subsection (3) of section
  496  570.382, Florida Statutes, is amended to read:
  497         570.382 Arabian horse racing; breeders’ and stallion
  498  awards; Arabian Horse Council; horse registration fees; Florida
  499  Arabian Horse Racing Promotion Account.—
  500         (3) ARABIAN HORSE COUNCIL.—
  501         (d) Members of the council shall receive no compensation
  502  for their services, except that they shall receive per diem and
  503  travel expenses as provided in s. 112.061 when actually engaged
  504  in the business of the council.
  505         Section 25. Section 570.40, Florida Statutes, is repealed.
  506         Section 26. Section 570.41, Florida Statutes, is repealed.
  507         Section 27. Subsection (2) of section 570.42, Florida
  508  Statutes, is amended to read:
  509         570.42 Dairy Industry Technical Council.—
  510         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
  511  COMPENSATION.—The meetings, powers and duties, procedures, and
  512  recordkeeping of the Dairy Industry Technical Council, and per
  513  diem and reimbursement of expenses of council members, shall be
  514  governed by the provisions of s. 570.0705 relating to advisory
  515  committees established within the department.
  516         Section 28. Subsections (6) and (7) are added to section
  517  570.50, Florida Statutes, to read:
  518         570.50 Division of Food Safety; powers and duties.—The
  519  duties of the Division of Food Safety include, but are not
  520  limited to:
  521         (6) Inspecting dairy farms of the state, enforcing those
  522  provisions of chapter 502 which are authorized by the department
  523  and related to the supervision of milking operations, and
  524  enforcing rules adopted under such provisions.
  525         (7) Inspecting milk plants, milk product plants, and plants
  526  engaged in the manufacture and distribution of frozen desserts
  527  and frozen dessert mixes; analyzing and testing samples of milk,
  528  milk products, frozen desserts, and frozen dessert mixes
  529  collected by it; and enforcing those provisions of chapters 502
  530  and 503 which are authorized by the department.
  531         Section 29. Subsection (2) of section 570.543, Florida
  532  Statutes, is amended to read:
  533         570.543 Florida Consumers’ Council.—The Florida Consumers’
  534  Council in the department is created to advise and assist the
  535  department in carrying out its duties.
  536         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
  537  COMPENSATION.—The meetings, powers and duties, procedures, and
  538  recordkeeping of the Florida Consumers’ Council, and per diem
  539  and reimbursement of expenses of council members, shall be
  540  governed by the provisions of s. 570.0705 relating to advisory
  541  committees established within the department. The council
  542  members or chair may call no more than two meetings.
  543         Section 30. Subsection (3) of section 570.954, Florida
  544  Statutes, is repealed.
  545         Section 31. Subsection (2) of section 571.28, Florida
  546  Statutes, is amended to read:
  547         571.28 Florida Agricultural Promotional Campaign Advisory
  548  Council.—
  549         (2) MEETINGS; POWERS AND DUTIES; PROCEDURES; RECORDS;
  550  COMPENSATION.—The meetings, powers and duties, procedures, and
  551  recordkeeping of the Florida Agricultural Promotional Campaign
  552  Advisory Council, and per diem and reimbursement of expenses of
  553  council members, shall be governed by the provisions of s.
  554  570.0705 relating to advisory committees established within the
  555  department.
  556         Section 32. Subsection (6) of section 573.112, Florida
  557  Statutes, as amended by section 11 of chapter 2010-227, Laws of
  558  Florida, is amended to read:
  559         573.112 Advisory council.—
  560         (6)  No member or alternate member of the council shall
  561  receive a salary, but shall be reimbursed for travel expenses
  562  while on council business as provided in s. 112.061. The
  563  department may employ necessary personnel, including
  564  professional and technical services personnel, and fix their
  565  compensation and terms of employment and may incur expenses to
  566  be paid from moneys collected as herein provided.
  567         Section 33. Subsection (3) of section 576.091, Florida
  568  Statutes, is amended to read:
  569         576.091 Fertilizer Technical Council.—
  570         (3) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
  571  REIMBURSEMENTS.—The meetings, powers and duties, procedures, and
  572  recordkeeping, and reimbursement of expenses of members and
  573  alternate members of the council shall be in accordance with the
  574  provisions of s. 570.0705 relating to advisory committees
  575  established within the department.
  576         Section 34. Subsection (2) of section 580.151, Florida
  577  Statutes, is amended to read:
  578         580.151 Commercial Feed Technical Council.—
  579         (2) POWERS AND DUTIES; PROCEDURES; RECORDS; COMPENSATION.
  580  The meetings, powers and duties, procedures, and recordkeeping
  581  of the Commercial Feed Technical Council, and per diem and
  582  reimbursement of expenses of council members, shall be governed
  583  by the provisions of s. 570.0705 relating to advisory committees
  584  established within the department.
  585         Section 35. Subsection (2) of section 581.186, Florida
  586  Statutes, is amended to read:
  587         581.186 Endangered Plant Advisory Council; organization;
  588  meetings; powers and duties.—
  589         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
  590  COMPENSATION.—The meetings, powers and duties, procedures, and
  591  recordkeeping of the Endangered Plant Advisory Council, and per
  592  diem and reimbursement of expenses of council members, shall be
  593  governed by the provisions of s. 570.0705 relating to advisory
  594  committees established within the department.
  595         Section 36. Subsection (3) of section 586.161, Florida
  596  Statutes, is amended to read:
  597         586.161 Honeybee Technical Council.—
  598         (3) MEETINGS; POWERS AND DUTIES; PROCEDURES; RECORDS;
  599  COMPENSATION.—The meetings, powers and duties, procedures, and
  600  recordkeeping of the Honeybee Technical Council, and per diem
  601  and reimbursement of expenses of council members, shall be
  602  governed by the provisions of s. 570.0705 relating to advisory
  603  committees established within the department.
  604         Section 37. Section 590.015, Florida Statutes, is amended
  605  to read:
  606         590.015 Definitions.—As used in this chapter, the term:
  607         (1) “Broadcast burning” means the burning of agricultural
  608  or natural vegetation by allowing fire to move across a
  609  predetermined area of land, but the term does not include the
  610  burning of vegetative debris that is piled or stacked.
  611         (2)(1) “Department Division” means the Division of Forestry
  612  of the Department of Agriculture and Consumer Services.
  613         (3)(2) “Fire management services” means presuppression
  614  fireline plowing, prescribed burning assistance, contract
  615  prescribed burning, prescribed and wildfire management training,
  616  and other activities associated with prevention, detection, and
  617  suppression of wildfires.
  618         (4)(3) “Fuel reduction” means the application of techniques
  619  that reduce vegetative fuels, and may include prescribed
  620  burning, manual and mechanical clearing, and the use of
  621  herbicides.
  622         (5) “Open burning” means any outdoor fire or open
  623  combustion of material which produces visible emissions.
  624         (6)(4) “Wildfire” means any vegetative fire that threatens
  625  to destroy life, property, or natural resources.
  626         (7)(5) “Wild land” means any public or private managed or
  627  unmanaged forest, urban/interface, pasture or range land,
  628  recreation lands, or any other land at risk of wildfire.
  629         Section 38. Subsections (1) and (4) of section 590.02,
  630  Florida Statutes, are amended, and new subsection (9) and (10)
  631  are added to that section to read:
  632         590.02 Division powers, authority, and duties; liability;
  633  building structures; Florida Center for Wildfire and Forest
  634  Resources Management Training.—
  635         (1) The division has the following powers, authority, and
  636  duties:
  637         (a) To enforce the provisions of this chapter;
  638         (b) To prevent, detect, suppress, and extinguish wildfires
  639  wherever they may occur on public or private land in this state
  640  and to do all things necessary in the exercise of such powers,
  641  authority, and duties;
  642         (c) To provide firefighting crews, who shall be under the
  643  control and direction of the division and its designated agents;
  644         (d) To appoint center managers, forest area supervisors,
  645  forestry program administrators, a forest protection bureau
  646  chief, a forest protection assistant bureau chief, a field
  647  operations bureau chief, deputy chiefs of field operations,
  648  district managers, forest-operations administrators senior
  649  forest rangers, investigators, forest rangers, firefighter
  650  rotorcraft pilots, and other employees who may, at the
  651  division’s discretion, be certified as forestry firefighters
  652  pursuant to s. 633.35(4). Other provisions of law
  653  notwithstanding, center managers, district managers, forest
  654  protection assistant bureau chief, and deputy chiefs of field
  655  operations shall have Selected Exempt Service status in the
  656  state personnel designation;
  657         (e) To develop a training curriculum for forestry
  658  firefighters which must contain the basic volunteer structural
  659  fire training course approved by the Florida State Fire College
  660  of the Division of State Fire Marshal and a minimum of 250 hours
  661  of wildfire training;
  662         (f) To make rules to accomplish the purposes of this
  663  chapter;
  664         (g) To provide fire management services and emergency
  665  response assistance and to set and charge reasonable fees for
  666  performance of those services. Moneys collected from such fees
  667  shall be deposited into the Incidental Trust Fund of the
  668  division; and
  669         (h) To require all state, regional, and local government
  670  agencies operating aircraft in the vicinity of an ongoing
  671  wildfire to operate in compliance with the applicable state
  672  Wildfire Aviation Plan.
  673         (4)(a) The department may build structures, notwithstanding
  674  chapters 216 and 255, not to exceed a cost of $50,000 per
  675  structure from existing resources on forest lands, federal
  676  excess property, and unneeded existing structures. These
  677  structures must meet all applicable building codes.
  678         (b) Notwithstanding s. 553.80(1), the Florida Building Code
  679  as it pertains to wildfire and law enforcement facilities under
  680  the jurisdiction of the department shall be enforced exclusively
  681  by the department.
  682         (9)(a) Notwithstanding ss. 273.055 and 287.16, the
  683  department may retain, transfer, warehouse, bid, destroy, scrap,
  684  or otherwise dispose of surplus equipment and vehicles that are
  685  used for wildland firefighting.
  686         (b) All money received from the disposition of state-owned
  687  equipment and vehicles that are used for wildland firefighting
  688  shall be retained by the department. Money received pursuant to
  689  this section is appropriated for and may be disbursed for the
  690  acquisition of exchange and surplus equipment used for wildland
  691  firefighting, and for all necessary operating expenditures
  692  related to such equipment, in the same fiscal year and the
  693  fiscal year following the disposition. The department shall
  694  maintain records of the accounts into which the money is
  695  deposited.
  696         (10)(a) The division has exclusive authority to require and
  697  issue authorizations for broadcast burning, agricultural pile
  698  burning, and silvicultural pile burning. An agency, commission,
  699  department, county, municipality, or other political subdivision
  700  of the state may not adopt laws, rules, or policies pertaining
  701  to broadcast burning, agricultural pile burning, and
  702  silvicultural pile burning unless an emergency order has been
  703  declared in accordance with s. 252.38(3).
  704         (b) The division may delegate to a county or municipality
  705  its authority, as delegated by the Department of Environmental
  706  Protection pursuant to ss. 403.061(28) and 403.081, to require
  707  and issue authorizations for the burning of yard trash and
  708  debris from land-clearing operations in accordance with s.
  709  590.125(6).
  710         Section 39. Section 590.125, Florida Statutes, is amended
  711  to read:
  712         590.125 Open burning authorized by the division.—
  713         (1) DEFINITIONS.—As used in this section, the term:
  714         (a) “Certified pile burner” means an individual who
  715  successfully completes the division’s pile burning certification
  716  program and possesses a valid pile burner certification number.
  717  “Prescribed burning” means the controlled application of fire in
  718  accordance with a written prescription for vegetative fuels
  719  under specified environmental conditions while following
  720  appropriate precautionary measures that ensure that the fire is
  721  confined to a predetermined area to accomplish the planned fire
  722  or land-management objectives.
  723         (b) “Certified prescribed burn manager” means an individual
  724  who successfully completes the certified prescribed burning
  725  certification program of the division and possesses a valid
  726  certification number.
  727         (c) “Prescription” means a written plan establishing the
  728  criteria necessary for starting, controlling, and extinguishing
  729  a prescribed burn.
  730         (c)(d) “Extinguished” means: that no spreading flame for
  731         1. Wild land burning or certified prescribed burning, and
  732  no spreading flames visible flame, smoke, or emissions for
  733  vegetative land-clearing debris burning, exist.
  734         2. Vegetative land-clearing debris burning or pile burning,
  735  and no visible flames exist.
  736         3. Vegetative land-clearing debris burning or pile burning
  737  in an area designated as smoke-sensitive by the division and no
  738  visible flames, smoke, or emissions exist.
  739         (d) “Land-clearing operation” means the uprooting or
  740  clearing of vegetation in connection with the construction of
  741  buildings and rights-of-way, land development, and mineral
  742  operations. The term does not include the clearing of yard
  743  trash.
  744         (e) “Pile burning” means the burning of silvicultural,
  745  agricultural, or land-clearing and tree-cutting debris
  746  originating onsite, which is stacked together in a round or
  747  linear fashion, including, but not limited to, a windrow.
  748         (f) “Prescribed burning” means the controlled application
  749  of fire by broadcast burning in accordance with a written
  750  prescription for vegetative fuels under specified environmental
  751  conditions while following appropriate precautionary measures
  752  that ensure that the fire is confined to a predetermined area to
  753  accomplish the planned fire or land-management objectives.
  754         (g) “Prescription” means a written plan that establishes
  755  the criteria necessary for starting, controlling, and
  756  extinguishing a prescribed burn.
  757         (h) “Yard trash” means vegetative matter resulting from
  758  landscaping and yard maintenance operations and other such
  759  routine property-cleanup activities. The term includes materials
  760  such as leaves, shrub trimmings, grass clippings, brush, and
  761  palm fronds.
  762         (2) NONCERTIFIED BURNING.—
  763         (a) Persons may be authorized to burn wild land or
  764  vegetative land-clearing debris in accordance with this
  765  subsection if:
  766         1. There is specific consent of the landowner or his or her
  767  designee;
  768         2. Authorization has been obtained from the division or its
  769  designated agent before starting the burn;
  770         3. There are adequate firebreaks at the burn site and
  771  sufficient personnel and firefighting equipment for the control
  772  of the fire;
  773         4. The fire remains within the boundary of the authorized
  774  area;
  775         5. An authorized person Someone is present at the burn site
  776  until the fire is extinguished;
  777         6. The division does not cancel the authorization; and
  778         7. The division determines that air quality and fire danger
  779  are favorable for safe burning.
  780         (b) A person who burns wild land or vegetative land
  781  clearing debris in a manner that violates any requirement of
  782  this subsection commits a misdemeanor of the second degree,
  783  punishable as provided in s. 775.082 or s. 775.083.
  784         (3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
  785  PURPOSE.—
  786         (a) The application of prescribed burning is a land
  787  management tool that benefits the safety of the public, the
  788  environment, and the economy of the state. The Legislature finds
  789  that:
  790         1. Prescribed burning reduces vegetative fuels within wild
  791  land areas. Reduction of the fuel load reduces the risk and
  792  severity of wildfire, thereby reducing the threat of loss of
  793  life and property, particularly in urban areas.
  794         2. Most of Florida’s natural communities require periodic
  795  fire for maintenance of their ecological integrity. Prescribed
  796  burning is essential to the perpetuation, restoration, and
  797  management of many plant and animal communities. Significant
  798  loss of the state’s biological diversity will occur if fire is
  799  excluded from fire-dependent systems.
  800         3. Forestland and rangeland constitute significant
  801  economic, biological, and aesthetic resources of statewide
  802  importance. Prescribed burning on forestland prepares sites for
  803  reforestation, removes undesirable competing vegetation,
  804  expedites nutrient cycling, and controls or eliminates certain
  805  forest pathogens. On rangeland, prescribed burning improves the
  806  quality and quantity of herbaceous vegetation necessary for
  807  livestock production.
  808         4. The state purchased hundreds of thousands of acres of
  809  land for parks, preserves, wildlife management areas, forests,
  810  and other public purposes. The use of prescribed burning for
  811  management of public lands is essential to maintain the specific
  812  resource values for which these lands were acquired.
  813         5. A public education program is necessary to make citizens
  814  and visitors aware of the public safety, resource, and economic
  815  benefits of prescribed burning.
  816         6. Proper training in the use of prescribed burning is
  817  necessary to ensure maximum benefits and protection for the
  818  public.
  819         7. As Florida’s population continues to grow, pressures
  820  from liability issues and nuisance complaints inhibit the use of
  821  prescribed burning. Therefore, the division is urged to maximize
  822  the opportunities for prescribed burning conducted during its
  823  daytime and nighttime authorization process.
  824         (b) Certified prescribed burning pertains only to broadcast
  825  burning for purposes of silviculture, wildland fire hazard
  826  reduction, wildlife management, ecological maintenance and
  827  restoration, and range and pasture management. It must be
  828  conducted in accordance with this subsection and:
  829         1. May be accomplished only when a certified prescribed
  830  burn manager is present on site with a copy of the prescription
  831  from ignition of the burn to its completion.
  832         2. Requires that a written prescription be prepared before
  833  receiving authorization to burn from the division.
  834         3. Requires that the specific consent of the landowner or
  835  his or her designee be obtained before requesting an
  836  authorization.
  837         4. Requires that an authorization to burn be obtained from
  838  the division before igniting the burn.
  839         5. Requires that there be adequate firebreaks at the burn
  840  site and sufficient personnel and firefighting equipment for the
  841  control of the fire.
  842         6. Is considered to be in the public interest and does not
  843  constitute a public or private nuisance when conducted under
  844  applicable state air pollution statutes and rules.
  845         7. Is considered to be a property right of the property
  846  owner if vegetative fuels are burned as required in this
  847  subsection.
  848         (c) Neither a property owner nor his or her agent is liable
  849  pursuant to s. 590.13 for damage or injury caused by the fire or
  850  resulting smoke or considered to be in violation of subsection
  851  (2) for burns conducted in accordance with this subsection
  852  unless gross negligence is proven.
  853         (d) Any certified burner who violates this section commits
  854  a misdemeanor of the second degree, punishable as provided in s.
  855  775.082 or s. 775.083.
  856         (e) The division shall adopt rules for the use of
  857  prescribed burning and for certifying and decertifying certified
  858  prescribed burn managers based on their past experience,
  859  training, and record of compliance with this section.
  860         (4) CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND
  861  PURPOSE.—
  862         (a) Certified pile burning pertains to the disposal of
  863  piled, naturally occurring debris from an agricultural,
  864  silvicultural, or temporary land-clearing operation. A land
  865  clearing operation is temporary if it operates for 6 months or
  866  less. Certified pile burning must be conducted in accordance
  867  with this subsection, and:
  868         1. A certified pile burner must ensure, before ignition,
  869  that the piles are properly placed and that the content of the
  870  piles is conducive to efficient burning.
  871         2. A certified pile burner must ensure that the piles are
  872  properly extinguished no later than 1 hour after sunset. If the
  873  burn is conducted in an area designated as smoke-sensitive by
  874  the division, a certified pile burner shall ensure that the
  875  piles are properly extinguished at least 1 hour before sunset.
  876         3. A written pile burn plan must be prepared before
  877  receiving authorization from the division to burn.
  878         4. The specific consent of the landowner or his or her
  879  agent must be obtained before requesting authorization to burn.
  880         5. An authorization to burn must be obtained from the
  881  division or its designated agent before igniting the burn.
  882         6. There must be adequate firebreaks and sufficient
  883  personnel and firefighting equipment at the burn site to control
  884  the fire.
  885         (b) If a burn is conducted in accordance with this
  886  subsection, the property owner and his or her agent are not
  887  liable under s. 590.13 for damage or injury caused by the fire
  888  or resulting smoke, and are not in violation of subsection (2),
  889  unless gross negligence is proven.
  890         (c) A certified pile burner who violates this section
  891  commits a misdemeanor of the second degree, punishable as
  892  provided in s. 775.082 or s. 775.083.
  893         (d) The division shall adopt rules regulating certified
  894  pile burning. The rules shall include procedures and criteria
  895  for certifying and decertifying certified pile burn managers
  896  based on past experience, training, and record of compliance
  897  with this section.
  898         (5)(4) WILDFIRE HAZARD REDUCTION TREATMENT BY THE
  899  DIVISION.—The division may conduct fuel reduction initiatives,
  900  including, but not limited to, burning and mechanical and
  901  chemical treatment, on any area of wild land within the state
  902  which is reasonably determined to be in danger of wildfire in
  903  accordance with the following procedures:
  904         (a) Describe the areas that will receive fuels treatment to
  905  the affected local governmental entity.
  906         (b) Publish a treatment notice, including a description of
  907  the area to be treated, in a conspicuous manner in at least one
  908  newspaper of general circulation in the area of the treatment
  909  not less than 10 days before the treatment.
  910         (c) Prepare, and send the county tax collector shall
  911  include with the annual tax statement, a notice to be sent to
  912  all landowners in each area township designated by the division
  913  as a wildfire hazard area. The notice must describe particularly
  914  the area to be treated and the tentative date or dates of the
  915  treatment and must list the reasons for and the expected
  916  benefits from the wildfire hazard reduction.
  917         (d) Consider any landowner objections to the fuels
  918  treatment of his or her property. The landowner may apply to the
  919  director of the division for a review of alternative methods of
  920  fuel reduction on the property. If the director or his or her
  921  designee does not resolve the landowner objection, the director
  922  shall convene a panel made up of the local forestry unit
  923  manager, the fire chief of the jurisdiction, and the affected
  924  county or city manager, or any of their designees. If the
  925  panel’s recommendation is not acceptable to the landowner, the
  926  landowner may request further consideration by the Commissioner
  927  of Agriculture or his or her designee and shall thereafter be
  928  entitled to an administrative hearing pursuant to the provisions
  929  of chapter 120.
  930         (6)DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN-BURNING
  931  AUTHORIZATION PROGRAMS.—
  932         (a) A county or municipality may exercise the division’s
  933  authority, if delegated by the division under this subsection,
  934  to issue authorizations for the burning of yard trash or debris
  935  from land-clearing operations. A county’s or municipality’s
  936  existing or proposed open-burning-authorization program must:
  937         1. Be approved by the division. The division may not
  938  approve a program if it fails to meet the requirements of
  939  subsections (2) and (4) and any rules adopted in accordance with
  940  those subsections.
  941         2. Provide by ordinance or local law the requirements for
  942  obtaining and performing a burn authorization that complies with
  943  subsections (2) and (4) and any rules adopted in accordance with
  944  those subsections.
  945         3. Provide for the enforcement of the program’s
  946  requirements.
  947         4. Provide financial, personnel, and other resources needed
  948  to carry out the program.
  949         (b) If the division determines that a county’s or
  950  municipality’s open-burning-authorization program does not
  951  comply with subsections (2) and (4) and any rules adopted in
  952  accordance with those subsections, the division shall require
  953  the county or municipality to take necessary corrective actions
  954  within a reasonable period, not to exceed 90 days.
  955         1. If the county or municipality fails to take the
  956  necessary corrective actions within the required period, the
  957  division shall resume administration of the open-burning
  958  authorization program in the county or municipality and the
  959  county or municipality shall cease administration of its
  960  program.
  961         2. Each county and municipality administering an open
  962  burning-authorization program must cooperate with and assist the
  963  division in carrying out the powers, duties, and functions of
  964  the division.
  965         3. A person who violates the requirements of a county’s or
  966  municipality’s open-burning-authorization program, as provided
  967  by ordinance or local law enacted pursuant to this subsection,
  968  commits a violation of this chapter, punishable as provided in
  969  s. 590.14.
  970         (7)(5) DUTIES OF AGENCIES.—The Department of Education
  971  shall incorporate, where feasible and appropriate, the issues of
  972  fuels treatment, including prescribed burning, into its
  973  educational materials.
  974         Section 40. Section 590.14, Florida Statutes, is amended to
  975  read:
  976         590.14 Notice of violation; penalties.—
  977         (1) If a division employee determines that a person has
  978  violated chapter 589, or this chapter, or any rule adopted by
  979  the division to administer provisions of law which confer duties
  980  upon the division, the employee of the division he or she may
  981  issue a notice of violation indicating the statute or rule
  982  violated. This notice shall will be filed with the division and
  983  a copy forwarded to the appropriate law enforcement entity for
  984  further action if necessary.
  985         (2) In addition to any penalties provided by law, any
  986  person who causes a wildfire or permits any authorized fire to
  987  escape the boundaries of the authorization or to burn past the
  988  time of the authorization is liable for the payment of all
  989  reasonable costs and expenses incurred in suppressing the fire
  990  or $150, whichever is greater. All costs and expenses incurred
  991  by the division shall be payable to the division. When such
  992  costs and expenses are not paid within 30 days after demand, the
  993  division may take proper legal proceedings for the collection of
  994  the costs and expenses. Those costs incurred by an agency acting
  995  at the division’s direction are recoverable by that agency.
  996         (3) The department may also impose an administrative fine,
  997  not to exceed $1,000 per violation of any section of chapter 589
  998  or this chapter or violation of any rule adopted by the division
  999  to administer provisions of law which confer duties upon the
 1000  division. The fine shall be based upon the degree of damage, the
 1001  prior violation record of the person, and whether the person
 1002  knowingly provided false information to obtain an authorization.
 1003  The fines shall be deposited in the Incidental Trust Fund of the
 1004  division.
 1005         (4) A person commits a misdemeanor of the second degree,
 1006  punishable as provided in s. 775.082 or s. 775.083, if the
 1007  person:
 1008         (a) Fails to comply with any rule or order adopted by the
 1009  division to administer provisions of law conferring duties upon
 1010  the division; or
 1011         (b) Knowingly makes any false statement or representation
 1012  in any application, record, plan, or other document required by
 1013  this chapter or any rules adopted under this chapter.
 1014         (5) It is the intent of the Legislature that a penalty
 1015  imposed by a court under subsection (4) be of a severity that
 1016  ensures immediate and continued compliance with this section.
 1017         (6)(4) The penalties provided in this section shall extend
 1018  to both the actual violator and the person or persons, firm, or
 1019  corporation causing, directing, or permitting the violation.
 1020         Section 41. Subsection (4) of section 597.005, Florida
 1021  Statutes, is repealed.
 1022         Section 42. Subsection (2) of section 599.002, Florida
 1023  Statutes, is amended to read:
 1024         599.002 Viticulture Advisory Council.—
 1025         (2) The meetings, powers and duties, procedures, and
 1026  recordkeeping of the Viticulture Advisory Council, and per diem
 1027  and reimbursement of expenses of council members, shall be
 1028  governed by the provisions of s. 570.0705 relating to advisory
 1029  committees established within the department.
 1030         Section 43. Subsection (4) is added to section 616.17,
 1031  Florida Statutes, to read:
 1032         616.17 Minimum exhibits.—
 1033         (4) A fair, as defined in this chapter, which provides any
 1034  of the exhibits as set forth in subsection (1) or other exhibits
 1035  or concessions, whether such exhibits or concessions are
 1036  provided directly or through an agreement with a third party, is
 1037  not subject to criminal penalties or civil damages arising out
 1038  of the personal injury or death of any person, or property
 1039  damage, resulting from such exhibits or concessions. This
 1040  subsection does not apply if the personal injury, death, or
 1041  property damage was due to an act or omission that was committed
 1042  by the fair association in bad faith or with malicious purpose
 1043  or in a manner exhibiting wanton and willful disregard of human
 1044  rights, safety, or property. This subsection does not apply to a
 1045  third party providing exhibits or concessions.
 1046         Section 44. Paragraph (a) of subsection (1) and subsection
 1047  (3) of section 616.252, Florida Statutes, are amended to read:
 1048         616.252 Florida State Fair Authority; membership; number,
 1049  terms, compensation.—
 1050         (1)(a) The authority shall be composed of 22 21 members.
 1051  The Commissioner of Agriculture, or her or his designee, shall
 1052  serve as a voting member. There shall also be a member who is
 1053  the member of the Board of County Commissioners of Hillsborough
 1054  County representing the county commission district in which the
 1055  Florida State Fairgrounds is located, who shall serve as a
 1056  voting member. There shall also be an appointed youth member who
 1057  is an active member of the Florida Future Farmers of America or
 1058  of a 4-H Club, and who shall serve as a nonvoting member. The
 1059  Commissioner of Agriculture shall appoint each other member of
 1060  the authority. Each member appointed by the Commissioner of
 1061  Agriculture shall serve at the pleasure of the Commissioner of
 1062  Agriculture. The term of each member appointed by the
 1063  Commissioner of Agriculture shall be 4 years, but the term of
 1064  the nonvoting youth member shall be for 1 year except, to
 1065  provide staggered terms, 9 of the members shall be initially
 1066  appointed for a 2-year term and 10 of the members shall be
 1067  initially appointed for a 3-year term. Members may be appointed
 1068  for more than one term. Any vacancy shall be filled for the
 1069  remainder of the unexpired term pursuant to the method provided
 1070  in this section for appointment. Six of the members may be from
 1071  Hillsborough County. The Commissioner of Agriculture shall
 1072  appoint and set the compensation of an executive director. The
 1073  executive director shall serve at the pleasure of the
 1074  Commissioner of Agriculture.
 1075         (3) Members of the authority are shall not be entitled to
 1076  compensation for their services as members and may not, but
 1077  shall be reimbursed for travel expenses. Except for the
 1078  nonvoting youth member, each member as provided in s. 112.061
 1079  and may be compensated for any special or full-time service
 1080  performed in the authority’s its behalf as officers or agents of
 1081  the authority.
 1082         Section 45. Paragraph (c) of subsection (2) of section
 1083  812.014, Florida Statutes, is amended to read:
 1084         812.014 Theft.—
 1085         (2)
 1086         (c) It is grand theft of the third degree and a felony of
 1087  the third degree, punishable as provided in s. 775.082, s.
 1088  775.083, or s. 775.084, if the property stolen is:
 1089         1. Valued at $300 or more, but less than $5,000.
 1090         2. Valued at $5,000 or more, but less than $10,000.
 1091         3. Valued at $10,000 or more, but less than $20,000.
 1092         4. A will, codicil, or other testamentary instrument.
 1093         5. A firearm.
 1094         6. A motor vehicle, except as provided in paragraph (a).
 1095         7. Any commercially farmed animal, including any animal of
 1096  the equine, bovine, or swine class, or other grazing animal,
 1097  including bee colonies of registered bee keepers and including
 1098  aquaculture species raised at a certified aquaculture facility.
 1099  If the property stolen is aquaculture species raised at a
 1100  certified aquaculture facility, then a $10,000 fine shall be
 1101  imposed.
 1102         8. Any fire extinguisher.
 1103         9. Any amount of citrus fruit consisting of 2,000 or more
 1104  individual pieces of fruit.
 1105         10. Taken from a designated construction site identified by
 1106  the posting of a sign as provided for in s. 810.09(2)(d).
 1107         11. Any stop sign.
 1108         12. Anhydrous ammonia.
 1109  
 1110  However, if the property is stolen within a county that is
 1111  subject to a state of emergency declared by the Governor under
 1112  chapter 252, the property is stolen after the declaration of
 1113  emergency is made, and the perpetration of the theft is
 1114  facilitated by conditions arising from the emergency, the
 1115  offender commits a felony of the second degree, punishable as
 1116  provided in s. 775.082, s. 775.083, or s. 775.084, if the
 1117  property is valued at $5,000 or more, but less than $10,000, as
 1118  provided under subparagraph 2., or if the property is valued at
 1119  $10,000 or more, but less than $20,000, as provided under
 1120  subparagraph 3. As used in this paragraph, the term “conditions
 1121  arising from the emergency” means civil unrest, power outages,
 1122  curfews, voluntary or mandatory evacuations, or a reduction in
 1123  the presence of or the response time for first responders or
 1124  homeland security personnel. For purposes of sentencing under
 1125  chapter 921, a felony offense that is reclassified under this
 1126  paragraph is ranked one level above the ranking under s.
 1127  921.0022 or s. 921.0023 of the offense committed.
 1128         Section 46. Paragraphs (f) and (g) of subsection (1) of
 1129  section 812.015, Florida Statutes, are amended to read:
 1130         812.015 Retail and farm theft; transit fare evasion;
 1131  mandatory fine; alternative punishment; detention and arrest;
 1132  exemption from liability for false arrest; resisting arrest;
 1133  penalties.—
 1134         (1) As used in this section:
 1135         (f) “Farmer” means a person who is engaging in the growing
 1136  or producing of farm produce, milk products, honey, eggs, or
 1137  meat, either part time or full time, for personal consumption or
 1138  for sale and who is the owner or lessee of the land or a person
 1139  designated in writing by the owner or lessee to act as her or
 1140  his agent. No person defined as a farm labor contractor pursuant
 1141  to s. 450.28 shall be designated to act as an agent for purposes
 1142  of this section.
 1143         (g) “Farm theft” means the unlawful taking possession of
 1144  any items that are grown or produced on land owned, rented, or
 1145  leased by another person. The term also includes equipment and
 1146  associated materials used to grow or produce farm products as
 1147  defined in s. 823.14(3)(c).
 1148         Section 47. This act shall take effect October 1, 2011.
 1149  
 1150  ================= T I T L E  A M E N D M E N T ================
 1151         And the title is amended as follows:
 1152         Delete everything before the enacting clause
 1153  and insert:
 1154                        A bill to be entitled                      
 1155         An act relating to the Department of Agriculture and
 1156         Consumer Services; amending s. 20.14, F.S.; deleting
 1157         the Division of Dairy within the Department of
 1158         Agriculture and Consumer Services; amending s.
 1159         193.461, F.S.; redefining the term “agricultural
 1160         purposes” as it relates to agricultural lands;
 1161         amending s. 215.981, F.S.; exempting certain direct
 1162         support organizations and citizen support
 1163         organizations for the Department of Agriculture and
 1164         Consumer Services from obtaining an independent audit;
 1165         amending s. 253.02, F.S.; providing for the grantee of
 1166         easements for electrical transmission to pay the lead
 1167         manager of the state-owned lands or, when there is no
 1168         lead manager, the Department of Environmental
 1169         Protection, if suitable replacement uplands cannot be
 1170         identified; amending s. 261.04, F.S.; deleting
 1171         provisions related to per diem and travel expenses for
 1172         members of the Off-Highway Vehicle Recreation Advisory
 1173         Committee within the Division of Forestry; amending s.
 1174         482.051, F.S.; providing rule changes that allow
 1175         operators to provide certain emergency notice to the
 1176         Department of Agriculture and Consumer Services by
 1177         facsimile or electronic means; amending s. 482.071,
 1178         F.S.; increasing the minimum insurance coverage for
 1179         bodily injury and property damage required for pest
 1180         control businesses; creating s. 482.072, F.S.;
 1181         providing for licensure by the department of pest
 1182         control customer contact centers; providing
 1183         application requirements; providing for fees,
 1184         licensure renewal, penalties, licensure expiration,
 1185         and transfer of licenses; requiring the department to
 1186         adopt rules; providing for disciplinary action;
 1187         creating s. 482.157, F.S.; providing for the
 1188         certification of commercial wildlife trappers;
 1189         providing requirements for certification, examination,
 1190         and fees; limiting the scope of work permitted by
 1191         certificate holders; clarifying that
 1192         certificateholders who practice accepted pest control
 1193         methods are immune from liability for violating laws
 1194         prohibiting cruelty to animals; providing that the
 1195         provisions of s. 482.157, F.S., do not exempt any
 1196         person from the rules or orders of the Fish and
 1197         Wildlife Conservation Commission; amending s. 482.226,
 1198         F.S.; increasing the minimum financial responsibility
 1199         requirements for licensees that perform wood
 1200         destroying organism inspections; amending s. 482.243,
 1201         F.S.; deleting provisions relating to reimbursement
 1202         for expenses for members of the Pest Control
 1203         Enforcement Advisory Council within the department;
 1204         amending s. 487.041, F.S.; providing that
 1205         registration, supplemental, and late fees related to
 1206         the registration of pesticide brands with the
 1207         department are nonrefundable; providing requirements
 1208         for label revisions of pesticide brands; providing
 1209         requirements for label revisions that must be reviewed
 1210         by the United States Environmental Protection Agency;
 1211         requiring payments of pesticide registration fees to
 1212         be submitted electronically; amending s. 487.0615,
 1213         F.S.; deleting references relating to per diem and
 1214         travel for the Pesticide Review Council within the
 1215         Department of Agriculture and Consumer Services;
 1216         amending s. 500.70, F.S.; requiring certain persons
 1217         that produce, harvest, pack, or repack tomatoes to
 1218         register each location of a tomato farm, tomato
 1219         greenhouse, tomato packinghouse, or tomato repacker by
 1220         a specified date on a form prescribed by the
 1221         department; requiring the department to set a
 1222         registration fee; providing for funds collected to be
 1223         deposited into the General Inspection Trust Fund;
 1224         amending s. 527.22, F.S.; deleting provisions relating
 1225         to per diem and travel expenses for members of the
 1226         Florida Propane Gas Education, Safety, and Research
 1227         Council within the department; amending s. 559.9221,
 1228         F.S.; deleting provisions relating to per diem and
 1229         travel expenses for members of the Motor Vehicle
 1230         Repair Advisory Council within the department;
 1231         amending s. 570.07, F.S.; revising the department’s
 1232         authority to enforce laws relating to commercial stock
 1233         feeds and commercial fertilizer; providing a limited
 1234         exemption to counties that have existing ordinances
 1235         regulating the sale of urban turf fertilizers;
 1236         revising the powers and duties of the department
 1237         regarding pollution control and the prevention of
 1238         wildfires; amending s. 570.0705, F.S.; deleting
 1239         provisions relating to per diem and travel expenses
 1240         for members of any advisory committee that the
 1241         Commissioner of Agriculture may appoint; amending s.
 1242         570.074, F.S.; revising the name of the Office of
 1243         Water Coordination to the Office of Energy and Water;
 1244         amending s. 570.18, F.S.; conforming provisions to
 1245         changes made by the act; amending s. 570.23, F.S.;
 1246         deleting provisions relating to per diem and travel
 1247         expenses for members of the State Agricultural
 1248         Advisory Council within the department; repealing s.
 1249         570.29(6), F.S., relating to the Division of Dairy
 1250         Industry within the department; amending s. 570.38,
 1251         F.S.; deleting provisions relating to per diem and
 1252         travel expenses for members of the Animal Industry
 1253         Technical Council within the department; amending s.
 1254         570.382, F.S.; deleting provisions relating to per
 1255         diem and travel expenses for members of the Arabian
 1256         Horse Council within the department; repealing s.
 1257         570.40, F.S., relating to the powers and duties of the
 1258         Division of Dairy within the department; repealing s.
 1259         570.41, F.S., relating to the qualifications and
 1260         duties of the Director of the Division of Dairy within
 1261         the department; amending s. 570.42, F.S.; deleting
 1262         provisions relating to per diem and travel expenses
 1263         for members of the Dairy Industry Technical Council
 1264         within the department; amending s. 570.50, F.S.;
 1265         requiring the Division of Food Safety within the
 1266         department to inspect dairy farms and enforce the
 1267         provisions of ch. 502, F.S.; requiring the Division of
 1268         Food Safety to inspect milk plants, milk product
 1269         plants, and plants engaged in the manufacture and
 1270         distribution of frozen desserts and frozen dessert
 1271         mixes; requiring the Division of Food Safety to
 1272         analyze and test samples of milk, milk products,
 1273         frozen desserts, and frozen dessert mixes; amending s.
 1274         570.543, F.S.; deleting provisions relating to per
 1275         diem and travel expenses for members of the Florida
 1276         Consumers’ Council within the department; repealing s.
 1277         570.954(3), F.S., relating to the requirement that the
 1278         Department of Agriculture and Consumer Services
 1279         coordinate with and solicit the expertise of the state
 1280         energy office when developing the farm-to-fuel
 1281         initiative; amending s. 571.28, F.S.; deleting
 1282         provisions relating to per diem and travel expenses
 1283         for members of the Florida Agricultural Promotional
 1284         Campaign Advisory Council within the department;
 1285         amending s. 573.112, F.S.; deleting provisions
 1286         relating to per diem and travel expenses for members
 1287         of the advisory council that administers the marketing
 1288         order that is issued to the department; amending s.
 1289         576.091, F.S.; deleting provisions relating to per
 1290         diem and travel expenses for members of the Fertilizer
 1291         Technical Council within the department; amending s.
 1292         580.151, F.S.; deleting provisions relating to per
 1293         diem and travel expenses for members of the Commercial
 1294         Feed Technical Council within the department; amending
 1295         s. 581.186, F.S.; deleting provisions relating to per
 1296         diem and travel expenses for members of the Endangered
 1297         Plant Advisory Council within the department; amending
 1298         s. 586.161, F.S.; deleting provisions relating to per
 1299         diem and travel expenses for members of the Honeybee
 1300         Technical Council within the department; amending s.
 1301         590.015, F.S.; defining the terms “department,” “open
 1302         burning,” and “broadcast burning” as they relate to
 1303         forest protection; redefining the term “fire
 1304         management services”; amending s. 590.02, F.S.;
 1305         authorizing forest-operations administrators to be
 1306         certified as forestry firefighters; authorizing the
 1307         Department of Agriculture and Consumer Services to
 1308         have exclusive authority over the Florida Building
 1309         Code as it pertains to wildfire and law enforcement
 1310         facilities under the jurisdiction of the department;
 1311         authorizing the department to retain, transfer,
 1312         warehouse, bid, destroy, scrap, or dispose of surplus
 1313         equipment and vehicles used for wildland firefighting;
 1314         authorizing the department to retain any moneys
 1315         received from the disposition of state-owned equipment
 1316         and vehicles used for wildland firefighting; providing
 1317         that moneys received may be used for the acquisition
 1318         of exchange and surplus equipment used for wildland
 1319         firefighting and all necessary operating expenditures
 1320         related to the equipment; requiring the department to
 1321         maintain records of the accounts into which the money
 1322         is deposited; giving the Division of Forestry
 1323         exclusive authority to require and issue
 1324         authorizations for broadcast burning, agricultural
 1325         pile burning, and silvicultural pile burning;
 1326         preempting other governmental entities from adopting
 1327         laws, rules, or policies pertaining to broadcast
 1328         burning, agricultural pile burning, or silvicultural
 1329         pile burning unless an emergency order has been
 1330         declared; authorizing the department to delegate its
 1331         authority to a county or municipality to issue
 1332         authorizations for the burning of yard trash and
 1333         debris from land clearing operations; amending s.
 1334         590.125, F.S.; defining and redefining terms relating
 1335         to open-burning authorizations by the division;
 1336         specifying purposes of certified prescribed burning;
 1337         requiring the authorization of the division for
 1338         certified pile burning; providing pile burning
 1339         requirements; limiting the liability of property
 1340         owners or agents engaged in pile burning; providing
 1341         penalties for violations by certified pile burners;
 1342         requiring the division to adopt rules to regulate
 1343         certified pile burning; revising notice requirements
 1344         for wildfire hazard reduction treatments; providing
 1345         for approval of local governments’ open-burning
 1346         authorization programs; providing program
 1347         requirements; authorizing the division to resume
 1348         administration of a local government’s program under
 1349         certain circumstances; providing penalties for
 1350         violations of a local government’s open-burning
 1351         requirements; amending s. 590.14, F.S.; authorizing an
 1352         employee of the division to issue a notice of
 1353         violation for any rule adopted by the division;
 1354         authorizing the department to impose an administrative
 1355         fine for a violation of any rule adopted by the
 1356         division; providing a criminal penalty; providing
 1357         legislative intent; repealing s. 597.005(4), F.S.,
 1358         deleting provisions relating to per diem and travel
 1359         expenses for members of the Aquaculture Review Council
 1360         within the department; amending s. 599.002, F.S.;
 1361         deleting provisions relating to per diem and travel
 1362         expenses for members of the Viticulture Advisory
 1363         Council within the department; amending s. 616.17,
 1364         F.S.; providing immunity from liability for damages
 1365         resulting from exhibits and concessions at public
 1366         fairs; providing exceptions for immunity from
 1367         liability; amending s. 616.252, F.S.; providing for
 1368         the appointment of a youth member to serve on the
 1369         Florida State Fair Authority as a nonvoting member;
 1370         providing a term of service for the youth member of
 1371         the Florida State Fair Authority; prohibiting
 1372         reimbursement for travel expenses for members of the
 1373         Florida State Fair Authority; excluding the youth
 1374         member from compensation for special or full-time
 1375         service performed on behalf of the authority; amending
 1376         s. 812.014, F.S.; providing that it is a grand theft
 1377         of the third degree and a felony of the third degree
 1378         if bee colonies of a registered bee keeper are stolen;
 1379         amending s. 812.015, F.S.; redefining the term
 1380         “farmer” as it relates to a person who grows or
 1381         produces honey; redefining the term “farm theft” to
 1382         include the unlawful taking possession of equipment
 1383         and associated materials used to grow or produce farm
 1384         products; providing an effective date.